Loading...
HomeMy WebLinkAboutCity Council - 04/05/2016 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,APRIL 5, 2016 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(5:30 p.m.) I. REVIEW TREE REPLACEMENT ORDINANCE II. LRT ART Open Podium - Council Chamber (6:30 p.m.) III. OPEN PODIUM IV . ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, APRIL 5, 2016 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, 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. EDEN PRAIRIE GIVES WEEK PROCLAMATION B. ARBOR DAY PROCLAMATION C. LIONESS CLUB DONATION FOR THE ART CRAWL (RESOLUTION) D. AMERICAN LEGION POST 580 DONATION FOR THE SENIOR CENTER (RESOLUTION) E. POLICE DEPARTMENT LETTER OF RECOGNITION F. SUSTAINABILITY PRESENTATION BY GREAT PLAINS INSTITUTE V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 8, 2016 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 8, 2016 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST CITY COUNCIL AGENDA April 5, 2016 Page 2 B. ADOPT RESOLUTION DECLARING CITY'S INTENT TO REIMBURSE ITSELF FOR EXPENDITURES OUT OF PROCEEDS OF SUBSEQUENTLY ISSUED BONDS (MARKET CENTER WATER TOWER RECOATING) C. APPROVE 2015 UNBUDGETED FUND TRANSFERS D. ADOPT RESOLUTION RELATING TO THE CITY'S PARTICIPATION IN THE RETIREMENT ENHANCEMENT AND BENEFITS ALTERNATIVES PROGRAM E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HAY DOBBS FOR DRAFTING OF DESIGN STANDARDS ORDINANCE F. AWARD CONTRACT FOR 2016 STREET STRIPING PROJECT TO SIR LINES-A-LOT G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH GOODPOINTE TECHNOLOGY FOR PAVEMENT EVALUATION SERVICES H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUE WATER SCIENCE FOR WATER QUALITY MONITORING PROGRAM I. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH REPUBLIC SERVICES FOR ANNUAL COMMUNITY CLEAN UP DAY J. AWARD CONTRACT FOR 2016 SUPPLY OF CRACK SEALANT MATERIAL TO MIDSTATES EQUIPMENT AND SUPPLY K. AWARD BASE BID AND ADD ALTERNATES -2 AND 2A AND DEDUCT ALTERNATE-3 FOR THE FOR CONSTRUCTION OF THE MOSS UNHEATED STORAGE BUILDING PROJECT TO RJ MARCO CONSTRUCTION, INC. L. AMEND PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR IN-CONSTRUCTION SERVICES FOR WEST 70TH STREET EXTENSION PROJECT M. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR SHADY OAK ROAD SIGNAL TIMING N. DECLARE SURPLUS EQUIPMENT O. APPROVE PURCHASE OF MICROSOFT OFFICE LICENSES P. APPROVE ENTERPRISE AGREEMENT AND RENEWAL OF MICROSOFT LICENSES Q. APPROVE UPDATED GUIDELINES FOR COMMUNITY USE OF PARKS AND RECREATION RENTAL FACILITIES CITY COUNCIL AGENDA April 5, 2016 Page 3 R. APPROVE UPDATED GUIDELINES FOR PRIORITY USE OF PUBLIC FACILITIES BY COMMUNITY ATHLETIC ASSOCIATIONS AND GROUPS S. AWARD CONTRACT FOR RECONSTRUCTION OF ROUND LAKE PARK PHASE II TO MINNESOTA DIRTWORKS T. AWARD CONTRACT FOR REPLACEMENT OF ROUND LAKE PARK IRRIGATION TO GREEN ACRES SPRINKLER COMPANY U. APPROVE MAINTENANCE AGREEMENT WITH RILEY PURGATORY BLUFF CREEK WATERSHED FOR STARING LAKE PARK IMPROVEMENT PROJECT V. AWARD CONTRACT FOR RECONSTRUCTION OF PHEASANT WOODS PARK PARKING LOT & TRAILS TO MIDWEST ASPHALT W. AWARD CONTRACT FOR RECONSTRUCTION OF PIONEER PARK TENNIS COURTS TO LAVINE CONSTRUCTION X. APPROVE PAYMENT FOR THE ACQUISITION OF PARCELS 26 & 27 FOR SOUTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS IX. PUBLIC HEARINGS/MEETINGS A. PARK NICOLLET HEALTH SERVICES by BWBR. Request for Planned Unit Development District Review with waivers on 4.61acres; Zoning District Amendment within the Office Zoning District on 4.61 acres and Site Plan Review on 4.61 acres Location: 8455 Flying Cloud Drive (Ordinance for PUD District Review with waivers and Zoning District Amendment) B. RILEY BLUFFS by Norton Homes, LLC. Request for Planned Unit Development Concept Review on 5.9 acres; Planned Unit Development District Review with waivers on 5.9acres; Zoning District Change from Rural to R1-9.5 on 5.9 acres and Preliminary Plat of 1 lot into 10 lots and 6 outlots on 5.9 acres. Location: 18900 Pioneer Tr. (Resolution for PUD Concept; Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Preliminary Plat) C. CERTIFICATE OF APPROPRIATENESS (COA) FOR GLEN LAKE CHILDREN'S CAMP D. CAMP EDEN WOOD RESPITE CENTER by True Friends. Request for Planned Unit Development District Review with waivers on 51.81 acres; Zoning District Amendment within the Public Zoning District on 51.81 acres and Site Plan Review on 51.81 acres Location: 6350 Indian Chief Road. (Ordinance for PUD District Review with waivers and Zoning District Amendment) CITY COUNCIL AGENDA April 5, 2016 Page 4 E. HAMPTON INN by Cities Edge Architects. Request for Planned Unit Development Concept Review on 1.7 acres; Planned Unit Development District Review with waivers on 1.7 acres; Zoning District Change from Commercial Regional Service to Town Center Commercial on 1.7 acres and Site Plan Review on 1.7 acres. Location: 11825 Technology Dr. (Resolution for PUD Concept; Ordinance for PUD District Review with waivers and Zoning District Change) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 4 TO LICENSE SALE OF ALCOHOL IN RESTAURANT MOVIE THEATERS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Resolution Supporting "Wyland Mayor's Challenge for Water Conservation" 2. Authorize Submission of an Application to Commissioner of Administration for a Waiver related to the Salary Cap 3. Summary of the City Council's Evaluation of the City Manager B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: April 5, 2016 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, April 5, 2016 TUESDAY,MARCH 8, 2016 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. COLOR GUARD/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. EDEN PRAIRIE GIVES WEEK PROCLAMATION Mark Weber, Executive Director of the Eden Prairie Community Foundation, will be on hand to accept the proclamation and make brief remarks. B. ARBOR DAY PROCLAMATION Mayor Tyra-Lukens will read the proclamation. C. LIONESS CLUB DONATION FOR THE ART CRAWL Synopsis: The annual Eden Prairie Art Crawl is a two-day event held in September, with local artists opening their studios for a weekend of demonstrations in a variety of art mediums. Locations are found throughout the community and at the Art Center and Senior Center. MOTION: Move to adopt the Resolution accepting the donation in the amount of $500 from the Eden Prairie Lioness Club towards the Eden Prairie Art Crawl. ANNOTATED AGENDA April 5, 2016 Page 2 D. AMERICAN LEGION POST 580 DONATION FOR THE SENIOR CENTER Synopsis: The Eden Prairie Senior Center woodshop provides an open area with many types of wood working equipment for community members to use. This donation will be used to purchase additional equipment and replace aging equipment as necessary. Community members are able to utilize the woodshop during building hours, as well as one evening per week. Once a safety training course is completed,participants are able to utilize the facilities and equipment for a nominal daily or quarterly fee. Many woodshop users volunteer their time to build projects for community groups and service organizations. MOTION: Move to adopt the Resolution accepting the donation in the amount of $2,500 from the American Legion Post 580 towards the Eden Prairie Senior Center woodshop and to help with veterans and senior programs. E. POLICE DEPARTMENT LETTER OF RECOGNITION Synopsis: Chief Reynolds will be at the meeting to present the Police Department's Letter of Recognition to five civilians who helped save the life of a co-worker in cardiac arrest last December. After Chief Reynolds reads the award, the Mayor is asked to join him at the podium to present the award letters and for photos. F. SUSTAINABILITY PRESENTATION BY GREAT PLAINS INSTITUTE V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 8, 2016 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 8, 2016 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-X on the Consent Calendar. A. CLERK'S LICENSE LIST ANNOTATED AGENDA April 5,2016 Page 3 B. ADOPT RESOLUTION DECLARING CITY'S INTENT TO REIMBURSE ITSELF FOR EXPENDITURES OUT OF PROCEEDS OF SUBSEQUENTLY ISSUED BONDS (MARKET CENTER WATER TOWER RECOATING) C. APPROVE 2015 UNBUDGETED FUND TRANSFERS D. ADOPT RESOLUTION RELATING TO THE CITY'S PARTICIPATION IN THE RETIREMENT ENHANCEMENT AND BENEFITS ALTERNATIVES PROGRAM E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HAY DOBBS FOR DRAFTING OF DESIGN STANDARDS ORDINANCE F. AWARD CONTRACT FOR 2016 STREET STRIPING PROJECT TO SIR LINES-A-LOT G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH GOODPOINTE TECHNOLOGY FOR PAVEMENT EVALUATION SERVICES H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUE WATER SCIENCE FOR WATER QUALITY MONITORING PROGRAM I. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH REPUBLIC SERVICES FOR ANNUAL COMMUNITY CLEAN UP DAY J. AWARD CONTRACT FOR 2016 SUPPLY OF CRACK SEALANT MATERIAL TO MIDSTATES EQUIPMENT AND SUPPLY K. AWARD BASE BID AND ADD ALTERNATES -2 AND 2A AND DEDUCT ALTERNATE-3 FOR THE FOR CONSTRUCTION OF THE MOSS UNHEATED STORAGE BUILDING PROJECT TO RJ MARCO CONSTRUCTION, INC. L. AMEND PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR IN-CONSTRUCTION SERVICES FOR WEST 70TH STREET EXTENSION PROJECT M. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR SHADY OAK ROAD SIGNAL TIMING N. DECLARE SURPLUS EQUIPMENT O. APPROVE PURCHASE OF MICROSOFT OFFICE LICENSES P. APPROVE ENTERPRISE AGREEMENT AND RENEWAL OF MICROSOFT LICENSES Q. APPROVE UPDATED GUIDELINES FOR COMMUNITY USE OF PARKS AND RECREATION RENTAL FACILITIES ANNOTATED AGENDA April 5,2016 Page 4 R. APPROVE UPDATED GUIDELINES FOR PRIORITY USE OF PUBLIC FACILITIES BY COMMUNITY ATHLETIC ASSOCIATIONS AND GROUPS S. AWARD CONTRACT FOR RECONSTRUCTION OF ROUND LAKE PARK PHASE II TO MINNESOTA DIRTWORKS T. AWARD CONTRACT FOR REPLACEMENT OF ROUND LAKE PARK IRRIGATION TO GREEN ACRES SPRINKLER COMPANY U. APPROVE MAINTENANCE AGREEMENT WITH RILEY PURGATORY BLUFF CREEK WATERSHED FOR STARING LAKE PARK IMPROVEMENT PROJECT V. AWARD CONTRACT FOR RECONSTRUCTION OF PHEASANT WOODS PARK PARKING LOT & TRAILS TO MIDWEST ASPHALT W. AWARD CONTRACT FOR RECONSTRUCTION OF PIONEER PARK TENNIS COURTS TO LAVINE CONSTRUCTION X. APPROVE PAYMENT FOR THE ACQUISITION OF PARCELS 26 & 27 FOR SOUTHERN SEGMENT OF THE SHADY OAK ROAD IMPROVEMENTS IX. PUBLIC HEARINGS/MEETINGS A. PARK NICOLLET HEALTH SERVICES by BWBR. Request for Planned Unit Development District Review with waivers on 4.61 acres; Zoning District Amendment within the Office Zoning District on 4.61 acres and Site Plan Review on 4.61 acres Location: 8455 Flying Cloud Drive (Ordinance for PUD District Review with waivers and Zoning District Amendment) Official notice of this public hearing was published in the March 24, 2016, Eden Prairie News and sent to 90 property owners. Synopsis: The proposed project is for the construction of a 12,000 square foot, 2 story medical office addition. The proposed project is to remodel the interior of the existing structure and to construct a 12,048 square foot, 2 story addition to the existing structure. Additional parking area is also proposed to be constructed. The building will continue to be utilized as a medical office building with the addition of dental services. The proponent is seeking PUD waivers to the parking setbacks for existing conditions on the north and west property lines. A waiver is also requested for the overall parking count. The structure proposed exceeds the requirements for construction materials on all facades, landscaping for the site, and includes the addition of bicycle racks. The architecture of the building includes varied roof lines and building wall articulations. These enhancements improve the overall interest, aesthetics and definition of the site. The project also includes a 10 foot easement along the west side of Medcom Blvd for sidewalk, trail and landscaping purposes. ANNOTATED AGENDA April 5,2016 Page 5 The following PUD waivers are proposed: 1. Parking setback along Flying Cloud Drive. City Code requires a 35 foot parking setback. The existing condition includes 2 parking stalls that are within the setback area at the northwestern corner of the property. The proponent is seeking a waiver to reflect the existing condition. 2. Parking setback of 10 feet along the western property line. The existing parking encroaches into the required 10 foot setback. The proponent is seeking a waiver to reflect the existing condition. 3. Parking count. Parking requirements for office uses are calculated based on gross floor area at 1 parking stall for every 5,000 square feet of gross floor area. City Code requires 182 parking stalls and the applicant is proposing 159 parking stalls. The proponent believes that the proposed parking is able to satisfy the parking demands for the business. The property includes a wetland on the southern portion of the parcel. This wetland has been rated as an exceptional quality wetland. Additional parking is not able to be provided on site due to the necessary buffers from the wetland. Due to the clientele served at the site, the parking plan does include double the amount of accessible parking stalls required. The 120-Day Review Period Expires on May 12, 2016. The Planning Commission voted 5-0 to recommend approval of the project at the February 22, 2016 meeting. MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Office Zoning District on 4.61 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. B. RILEY BLUFFS by Norton Homes, LLC. Request for Planned Unit Development Concept Review on 5.9 acres; Planned Unit Development District Review with waivers on 5.9acres; Zoning District Change from Rural to R1-9.5 on 5.9 acres and Preliminary Plat of 1 lot into 10 lots and 6 outlots on 5.9 acres. Location: 18900 Pioneer Tr. (Resolution for PUD Concept; Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Preliminary Plat) Official notice of this public hearing was published in the March 24, 2016, Eden Prairie News and sent to 93 property owners. Synopsis: This project is the subdivision of 5.9 acres into 10 lots and 6 outlots. The preliminary plat shows 10 single-family lots at a gross density of 1.7 units per acre. The lot sizes range from 7822 square feet to 12,105 square feet. Waivers are requested for required lot size and lot width of the R1-9.5 zoning district; frontage on a public street; setback waivers and garage lot coverage. The granting of the waivers provide for a subdivision design that lowers impact to and maximizes conservation of ANNOTATED AGENDA April 5,2016 Page 6 the natural corridor of Riley Creek. In addition to deeding of Outlot E to the City, the project proposes the incorporation of solar ready construction,provision for electric car charging stations, and improved wall insulation in the units. The preliminary plat shows six outlots. Outlots A, B, and C provide for biofiltration, Outlot D includes the stormwater ponding area. Outlot E will be deeded to the City for conservation purposes. Outlot F is the private drive that will serve the individual residential units. The 120-Day Review Period Expires on May 24, 2016. The Planning Commission voted 4-0, with 1 abstention, to recommend approval of the project at the February 22, 2016 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 5.9 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1-9.5 Zoning District on 5.9 acres; and • Adopt the Resolution for Preliminary Plat on 5.9 acres into 10 lots, 6 outlots and road right-of-way; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. C. CERTIFICATE OF APPROPRIATENESS (COA) FOR GLEN LAKE CHILDREN'S CAMP Official notice of this public hearing was published in the March 24, 2016, Eden Prairie News and sent to 62 property owners. Synopsis: The Glen Lake Children's Camp located at 6350 Indian Chief Road is listed on the National Register of Historic Places. A Certificate of Appropriateness (COA) is required to make any change in, on, or to a designated Heritage Preservation Site. Any proposed change, addition or alteration to a building, structure or site must meet the Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. The Heritage Preservation Commission, Minnesota Historic Preservation Office and City staff has reviewed plans for the demolition of the existing non-historic non-contributing Boulay building and the proposed plans to erect a 12 bed respite center. This Certificate of Appropriateness will approve the following items: • Demolish existing Boulay building • Erect a 12 bed respite center to accommodate individuals with disabilities year round at the site. ANNOTATED AGENDA April 5,2016 Page 7 Findings of Fact The plan is found to meet preservation standards applicable to this application request based on the following: • That notice of the meeting was published in the local paper • That proper notice was given to property owners within 500 feet of the site • That the application for review and sufficient documentary information was provided and reviewed by the Heritage Preservation Commission and the Minnesota Historic Preservation Office. • That the application does meet the Secretary of the Interior's Standards, and the specific Criteria in City Code, Section 11.05, Subd. 8. A.5, Criteria for Alteration of Historic Preservations Sites, and Subd. 8. C.3, Criteria for Certificate of Appropriateness. • The current use of the Boulay building is insufficient for the ever changing needs for year round respite care. The current Boulay building is a non-contributing factor to the historic district. Construction of a 12 bed respite center including food service abilities is necessary for current users and future users. HPC Recommendation The Eden Prairie Heritage Preservation Commission held a public hearing on January 11, 2016, and reviewed the plans per City Code, Section 11.05, Subd. 8. A.5, Criteria for Alteration of Historic Preservations Sites, and Subd. 8. C.3, Criteria for Certificate of Appropriateness. The Commission voted in favor 6-0 with the conditions True Friends work with the Minnesota Preservation Office to address comments outlined in the letter dated December 21, 2015, subject to the condition the new building be no closer than 25 feet from the historic garage, and the final revised plans and updated narrative be submitted to the City prior to recommendation for approval of the Certificate of Appropriateness application COA 2016-01-009. Those conditions have been met; therefore the Heritage Preservation Commission recommends that the City Council approve the application for Certificate of Appropriateness No. 2016-01-009. Background The City of Eden Prairie leases the Glen Lake Children's Camp and property to True Friends whose mission is to provide life-changing experiences that enhance independence and self-esteem for children and adults with disabilities. Randy Boser, COO of True Friends, has been working with the City on a plan to construct a new 12 bed respite center which would meet the year-round needs of a portion of the clients who are served at the camp. MOTION: Move to: • Close the Public Hearing; and • Adopt the Findings of Fact and Approve Certificate of Appropriateness 2016-01-009 for demolition of existing non-historic non-contributing Boulay building and the construction of a 12-bed respite center on the National Register Glen Lake Children's Camp. ANNOTATED AGENDA April 5,2016 Page 8 D. CAMP EDEN WOOD RESPITE CENTER by True Friends. Request for Planned Unit Development District Review with waivers on 51.81 acres; Zoning District Amendment within the Public Zoning District on 51.81 acres and Site Plan Review on 51.81 acres Location: 6350 Indian Chief Road. (Ordinance for PUD District Review with waivers and Zoning District Amendment) Official notice of this public hearing was published in the March 24, 2016, Eden Prairie News and sent to 62 property owners. Synopsis: The City of Eden Prairie retains ownership of the site, with a long-term lease agreement with True Friends for operation of Camp Eden Wood. The Historic District was created in 1999 on a portion of the property encompassing the Dormitory and Birch Hall as historic structures within the District. The proposal includes removal of the non-historic non-contributing Bouley building and replacing it with a new building designed to complement the existing historic architecture. True Friends seeks to construct a 12-bed Respite Cabin at the Camp Eden Wood property within the boundaries of the Glen Lake National Register Historic District. The proposed Respite Center is comprised of mostly wood siding with glass windows and doors. The Minnesota Historic Preservation Office and Heritage Preservation Commission have reviewed the request, described in more detail in the Certificate of Appropriateness Cover Memo dated April 5, 2016. A Planned Unit Development waiver(PUD) is requested for building setback in order to reduce the visual impact to the adjacent historic architecture and minimizing grading to the greatest extent practical. A PUD waiver is also requested for the City's exterior building requirements in order for the building to be compatible with the surrounding historic buildings. The Planning Commission voted 6-0 to recommend approval of the project at the March 14, 2016 meeting. MOTION: Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Public Zoning District on 51.81 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. E. HAMPTON INN by Cities Edge Architects. Request for Planned Unit Development Concept Review on 1.7 acres; Planned Unit Development District Review with waivers on 1.7 acres; Zoning District Change from Commercial Regional Service to Town Center Commercial on 1.7 acres and Site Plan Review on 1.7 acres. Location: 11825 Technology Dr. (Resolution for PUD Concept; Ordinance for PUD District Review with waivers and Zoning District Change) ANNOTATED AGENDA April 5,2016 Page 9 Official notice of this public hearing was published in the March 24, 2016, Eden Prairie News and sent to 8 property owners. Synopsis: The proposed project is for the construction of a 5 story, 105 guest room hotel. The Major Center Area study identifies this parcel for hospitality/lodging. The proposal includes the removal of the existing structures and redeveloping the site for the hotel use incorporating surface and underground parking areas. The proponent is seeking rezoning from Regional Commercial Services to Town Center- Commercial, as well as, PUD approval for the proposed development. Due to the unique character of the Town Center Zoning and the requirements for the Shoreland area, several PUD waivers are sought for the site. The structure proposed meets or exceeds the requirements for construction materials on all facades, landscaping for the site, and includes the relocation of the pedestrian trail along Lake Idlewild. The proponent will be providing the trail easement necessary to accommodate the trail indicated on the proposed plans. The architecture of the building includes varied roof lines, building wall articulations, and materials consistent with the exterior building material requirements. Staff has worked with the proponent to provide for a design that includes exterior materials and architecture that exceeds the Hampton Inn prototype. The following PUD waivers are proposed: 1. Front yard setback. City Code requires a 15 foot maximum. 35 feet 10 inches is proposed. This waiver is requested due to the existing 30 foot drainage and utility easement for an existing sewer line along Flying Cloud Drive. 2. Ordinary High Water Level Setback. City Code requires 200 feet for buildings and 50 feet for parking. 77 feet 7 inches is proposed to the building and 48 feet to the parking and 27 feet to parking structure is proposed. The reduced setbacks are proposed to accommodate the underground parking structure. This waiver request is also impacted by the existing 30 foot easement along Flying Cloud Drive. 3. Building Footprint Coverage. City Code requires 30%minimum. 17% is proposed. This requirement is specific to the Town Center— Commercial zoning district to promote a compact mixed use area. The waiver is being requested in order to minimize impacts to wetland areas and to minimize impervious surface coverage as required by the Shoreland regulations. 4. Maximum Impervious Surface Area. City Code requires 30%maximum. 75% is requested. This requirement is specific to the Shoreland area. The existing site condition is 55%impervious surface coverage. This waiver is being requested in order to provide the parking necessary to support the hotel use. ANNOTATED AGENDA April 5,2016 Page 10 5. Street Facade Building Breaks. City Code requires 40 feet maximum. 52 feet is proposed. Due to the guestroom nature of the hotel, there is a location on the structure that proposes a 52 foot building break. Compliance with the 40 foot requirement in this instance would require significant redesign of the floorplan/guestroom mix. 6. Street Level Frontage Transparency. City Code requires 40%minimum required. 15%proposed. The Town Center Commercial zoning district requires street level frontage transparency to promote views of non-residential space or product display areas. This waiver is requested due to the type of use (guestrooms), location of mechanical rooms and grades on the site not being conducive to street level viewing. In order to compromise the intent of the code with the proposed site conditions, the proponent is proposing to add spandrel glazing to areas of the façade that would not normally include window spaces. 7. Primary Entrance. City Code requires 60 feet maximum separation. Complete waiver is requested. The Town Center Commercial requirements include requiring primary entrances every 60 feet in order to promote a vibrant pedestrian experience. The applicant is proposing that this requirement be waived completely for hotel uses due to the type of use and potential security risks associated with multiple entrances. 8. Parking Stall Count. City Code requires 113 stalls. 106 proposed. This waiver is requested in order to minimize impacts to the wetland buffer areas and reduce the amount of impervious surface area. Similar sized projects with similar parking provided have been evaluated by the project proponent and have demonstrated the ability to meet the parking demand. Additionally, the site is adjacent to the proposed LRT line which may decrease demand for employee parking. 9. Parking Stall Width. 9 foot minimum required. 8 foot 6 inch is proposed for 52 of the underground parking stalls. The proponent has provided a parking study to evaluate parking needs, as well as,parking design. The proposed parking stall width is consistent with the findings of the parking study. 10. Parking Drive Aisle Width. City Code requires 25 feet minimum for 2-way traffic, no standard is listed for one way traffic. 20 feet is proposed for one way traffic in the parking structure. The proposed aisle width of 20 feet exceeds the recommendations provided in the parking study and is not in conflict with City Code requirements. 11. Free Standing Sign Setback. City Code requires 20 feet minimum. 2 feet is proposed. Compliance with the 20 foot setback requirement would locate the sign deep within the site either within or behind a drive aisle. Given the significant amount of right of way along Technology Drive, the sign location would be approximately 53 feet behind the property line. The proposed location would require the ANNOTATED AGENDA April 5,2016 Page 11 vacation of a portion of the underlying easement. The applicant would need to initiate and receive approval of said easement prior to installation of the sign. Staff recommends that this sign not be installed prior to LRT construction in order to minimize potential conflicts with construction activity. The Planning Commission staff report included two additional waiver requests related to wetland buffers. Upon further review of the proposed plans, these waivers are not necessary. The list of PUD waivers requested has been revised to reflect that condition. The 120-Day Review Period Expires on July 9, 2016. The Planning Commission voted 5-1 to recommend approval of the project at the March 14, 2016, meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 1.7 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Commercial Regional Services to Town Center— Commercial on 1.7 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 4 TO LICENSE SALE OF ALCOHOL IN RESTAURANT MOVIE THEATERS Synopsis: AMC is intending to remodel the existing AMC Eden Prairie 18 theater. AMC would like to a dedicated bar at which only alcohol will be served to be consumed on the premises in the screening rooms as well as at the bar itself. Anyone purchasing alcohol will be required to show proof of age. No alcohol would be served at the regular food and beverage counters. The proposed remodel contemplates upgrades including luxury power recliners in 17 of the screening rooms (not the IMAX), sight and sound upgrades, and reserved seating. The remodel would result in fewer seats (3,145 to 1,238),but AMC projects increased attendance based on similar remodels which have occurred elsewhere. The proposed ordinance provides a new category of a"restaurant movie theater." A restaurant movie theater is permitted under the proposed ordinance to obtain a beer, wine or intoxicating liquor license under the City's authority to license a restaurant. ANNOTATED AGENDA April 5,2016 Page 12 In addition, the proposed ordinance requires a minimum of 50 tables spread evenly between the screening rooms which allow alcohol. All existing alcohol regulations such as licensing, financial responsibility,proof of age, overserving and days and hours of sales shall apply. The proposed ordinance requires that a licensed restaurant movie theater be conducted in such manner that the principal part of the business for a license year is the serving of food and the sale of movie tickets. For restaurant movie theaters, "principal part" shall mean seventy percent(70%) or more of the gross receipts. The council in 2015 expressed concern over the serving of alcohol in all screening rooms. In discussions with AMC representative they identified the operating procedures AMC adheres to in the sale of alcohol in other similar venues. The AMC operating procedures have been incorporated into the ordinances by declaring it unlawful to do any of the following: A. Offer any discounts or happy hours. B. Allow any alcoholic beverage in any movie screening room where there are no tables. C. Offer or sell wine or distilled spirits by the bottle. D. Offer or sell wine in any amount exceeding 8 fluid ounces per serving. E. Offer or sell distilled spirits in any amount exceeding 3 fluid ounces per serving. F. Offer or sell malt liquor in any amount exceeding 24 fluid ounces per serving. G. Offer or sell any alcoholic beverages containing more than 50% alcohol by volume. H. Offer or sell any alcoholic beverage not in the original packaging without using a measuring device. I. Offer or sell any alcoholic beverage to any person without requiring adequate proof of age. Such proof of age may be established only as set forth in Minnesota Statutes Section 340A.503, Subd. 6. J. Offer or sell any more than 2 alcoholic beverages to one person in the same sale transaction. MOTION: Move to approve first reading of an ordinance amending City Code Chapter 4 to license the sale of alcohol in restaurant movie theaters. XII. PETITIONS REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Resolution Supporting "Wyland Mayor's Challenge for Water Conservation" Synopsis: This resolution is a commitment from the City of Eden Prairie to once again support water conservation efforts by encouraging residents to participate in the Mayor's Challenge for Water Conservation from April 1 to April 30. ANNOTATED AGENDA April 5,2016 Page 13 MOTION: Move to adopt the resolution supporting the Mayor's Challenge for Water Conservation. 2. Authorize Submission of an Application to Commissioner of Administration for a Waiver related to the Salary Cap Synopsis: Minnesota law provides that"the salary and the value of all other forms of compensation of a person employed by a political subdivision of [the] state may not exceed" 110% of the governor's salary. Minn. Stat. § 43A.17, subd. 9(a). This compensation limit is commonly referred to as the "governor's salary cap." The governor's salary cap is adjusted each year to include any increase in the Consumer Price Index for the previous year.Id., subd. 9(b). Effective January 1, 2016, the governor's salary cap is $165,333. The law provides a process by which the City may request a waiver from the Commissioner of Minnesota Management and Budget ("MMB") to pay the City Manager in excess of the governor's salary cap. Minn. Stat. § 43A.17, subd. 9(e). To be eligible for a waiver, the City must submit a written request establishing that the position"requires special expertise necessitating a higher salary to attract or retain a qualified person."Id. In reviewing a waiver request, the Commissioner considers "salary rates paid to other persons with similar responsibilities in the state and nation."Id. The waiver request form, supplied by MMB, requires the City to provide the following information: (1) salary history since the employee was hired; (2) the methodology used to justify the amount of the requested salary; (3) the current total compensation package; (4) the special expertise and qualifications for the position; (5) retention difficulties already experienced or anticipated, including documentation or statistics of statewide, regional and national turnover rates and occupational shortages, and the number and value of job offers received by the employee; (6) current recruitment difficulties, including type and scope of advertising, size of applicant pool, number of qualified applicants, and a brief description of the reasons given by applicants for declining the position; (7) anticipated recruitment difficulties, including the basis for such difficulties, such as national trends and experiences of similar employers; (8) market conditions and characteristics related to the position, including statewide, regional, and national data; and (9) a description of how the City will manage any compliance with the Local Government Pay Equity Act if the requested increase is awarded. ANNOTATED AGENDA April 5,2016 Page 14 The Commissioner must present the waiver request to the Legislative Coordinating Commission and receive an advisory recommendation from that body.Id. If the Commissioner grants the waiver request, the new compensation limitation for the City Manager will be increased each year by the percentage increase in the Consumer Price Index for all-urban consumers for the prior year.Id. Several surrounding cities have requested and been granted waivers to pay their City Managers in excess of the governor's salary cap, including Bloomington, Edina, Minnetonka, and St. Louis Park. Edina recently received a waiver to increase the City Manager's salary to $170,285. While this amount is less than the $173,250 requested, MMB indicated that"it is consistent with the waivers the [Legislative Coordinating Commission] approved for neighboring City Manager positions in the cities of St. Louis Park, Bloomington, and Minnetonka." MOTION: Move to direct the City Attorney to file an application to request a waiver of the current maximum salary allow under Minn. Stat. § 43A.17 from the Commissioner of Minnesota Management and Budget to allow the City Council to compensate the position of the City Manager an annual salary of up to $ to accommodate a salary increase for 2016 and future years. 3. Summary of the City Council's Evaluation of the City Manager B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. [iTEM NO.: 1V.A. PROCLAMATION "EP GIVES WEEK"-APRIL 24-30, 2016 WHEREAS, Eden Prairie has a long history of residents and businesses banding together, pooling ideas and resources, and raising funds to support community causes; and WHEREAS,the enduring legacy is that many thousands—and even multiple generations —of Eden Prairie people have been helped; and WHEREAS,the philanthropic and charitable-giving efforts of individuals, families, nonprofits, and service clubs have demonstrated the power that "giving back to the community" has in creating positive change and improving lives; and WHEREAS,this effort to care for, nourish, develop, and enhance Eden Prairie's quality of life teaches its children about philanthropy and the value of neighbor helping neighbor; and WHEREAS,we can be grateful to the philanthropic individuals and organizations who have contributed so much to our social needs, our cultural life, the improvement of Eden Prairie, and the spirit of community. NOW, THEREFORE,BE IT RESOLVED that April 24-30, 2016 be proclaimed"EP Gives Week" in Eden Prairie in recognition of and gratitude for the work of nonprofits, service clubs, other community-minded organizations, and individuals whose spirit of philanthropy, charitable giving, and volunteerism make Eden Prairie a great place to live, work, and play. Nancy Tyra-Lukens, Mayor ITEM NO.: IV.B. PROCLAMATION ARBOR DAY - MAY 7, 2016 WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for homes, fuel for our fires and countless other wood products; and WHEREAS,trees, whenever they are planted, are a source of joy and spiritual renewal; and WHEREAS, Eden Prairie has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree stewardship and tree planting ways. NOW, THEREFORE, I,Nancy Tyra-Lukens, Mayor of the City of Eden Prairie, Minnesota, do hereby proclaim May 7, 2016, as Arbor Day in the City of Eden Prairie, and urge all citizens to support efforts to protect our trees and woodlands and to support our city's urban forestry program; and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well being of present and future generations. ADOPTED by the Eden Prairie City Council on April 5, 2016. Nancy Tyra-Lukens, Mayor CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.C. Jay Lotthammer, Director, Donation from the Lioness Club towards Art Parks and Recreation Crawl Requested Action Move to: Adopt the Resolution accepting the donation in the amount of$500 from the Eden Prairie Lioness Club towards the Eden Prairie Art Crawl. Synopsis The annual Eden Prairie Art Crawl is a two-day event held in September, with local artists opening their studios for a weekend of demonstrations in a variety of art mediums. Locations are found throughout the community and at the Art Center and Senior Center. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- 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 $500 to be towards the Art Crawl from Eden Prairie Lioness Club is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 5th day of April, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.D. Jay Lotthammer, Director, Donation from American Legion Post 580 Parks and Recreation for the Senior Center Woodshop and Programs Requested Action Move to: Adopt the Resolution accepting the donation in the amount of$2,500.00 from the American Legion Post 580 towards the Eden Prairie Senior Center woodshop and to help with veterans and senior programs. Synopsis The Eden Prairie Senior Center woodshop provides an open area with many types of wood working equipment for community members to use. This donation will be used to purchase additional equipment and replace aging equipment as necessary. Community members are able to utilize the woodshop during building hours, as well as one evening per week. Once a safety training course is completed,participants are able to utilize the facilities and equipment for a nominal daily or quarterly fee. Many woodshop users volunteer their time to build projects for community groups and service organizations. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of $2,500 to be towards the Senior Center from the American Legion Post 580 is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 5th day of April, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Proclamations & Presentations April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.E. Police Police Department Letter of Recognition Rob Reynolds, Police Chief Background Chief Reynolds will be at tonight's meeting to present the Police Department's Letter of Recognition to five civilians who helped save the life of a co-worker in cardiac arrest last December. After Chief Reynolds reads the award, the Mayor is welcome to join him at the podium to present the award letters and for photos. ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,MARCH 8, 2016 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 I. AMC THEATRES PROPOSAL Frank Lewis and Kate Becker of AMC Theatres Food and Beverage Division provided an overview of a proposed remodeling project at their Eden Prairie Center location. The $6.5 million project would include: • Conversion to luxury power recliners in 17 auditoriums • Sight and sound upgrades • Reserved seating • Remodeled restrooms • MacGuffins Bar& Lounge The only theatre that would not be fitted with the recliners is the IMAX. The current seating capacity of the theatres is 2,600 and the new capacity would be 1,152 seats—about 60% fewer seats. Lewis said the reduction in seating is expected to have no negative impact. He said the industry has changed significantly since the theatres were designed 16 years ago, and they are currently filling only a fraction of their seats. In fact, theatres with the renovated seating have seen increased revenue. MacGuffins is a bar-lounge at which over-21 patrons would be able to purchase alcoholic beverages to be brought into the theatres. Lewis said locations with MacGuffins have not experienced increases in criminal activity or underage drinking. Everyone purchasing an alcoholic beverage is carded, and the average number of drinks purchased is 1.1 per customer. He said patrons are there for the movie experience, not the bar experience. Council Member Nelson asked if alcoholic beverages would be allowed in children's movies. Lewis said AMC is moving away from the model of alcohol-segregated screens. He said AMC has found segregation is not necessary. Alcohol and soft drinks are served in easily City Council Workshop Minutes March 8, 2016 Page 2 differentiated cups, and mystery shoppers are used to test the company's zero tolerance policy. Lewis said AMC plans to complete the renovations in two phases, to avoid a complete shutdown of the facility. They are hoping to get the project underway as soon as possible, to keep a step ahead of their competition. Getschow said the Police Department contacted AMC locations where liquor is served and there were no issues reported. Police staff also visited the Inver Grove Heights AMC Theatre, which has a similar set up to the one proposed for Eden Prairie. They observed good inventory control and segregation of service, and the physical set-up was impressive. Getschow said the Police Department has no concerns with AMC serving alcohol. Mayor Tyra-Lukens said many of her concerns were addressed in the presentation and she is more comfortable with the concept. Aho said his concerns have also been allayed, and he thinks movie-goers will appreciate the proposed upgrades. II. IT OVERVIEW IT Manager Aditi Salunke and Systems Engineer James Goldenstein gave an overview of the Information Technology Division. The IT Division has six areas of focus: • Network Support • Infrastructure Support • Application Support • IT Security • Geographic Information Systems • Project Management IT projects completed in 2015 included: • Fiber path to Edina to provide redundancy • E-911 phone system • GIS server upgrade • Other infrastructure upgrades, included network switch replacements and workstation replacements Major projects planned for 2016 include: • VM server upgrade from HP to Cisco • Exchange upgrade • GIS database upgrade • Water Plant phone system upgrade • Workstation replacements City Council Workshop Minutes March 8, 2016 Page 3 • Camera system upgrades • Purchase of a new GIS Trimble for Parks &Recreation • New public map interfaces Beyond 2016, IT staff is planning for upgrades to the City's disaster recovery site, infrastructure upgrades, implementation of Office 365, and updates to the document management system. III. OPEN PODIUM IV . ADJOURNMENT ITEM NO.: IV.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 8, 2016 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. Council Member Case was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the agenda as published. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,FEBRUARY 16, 2016 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the Council workshop held Tuesday, February 16, 2016, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 16, 2016 MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the minutes of the City Council meeting held Tuesday, February 16, 2016, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS CITY COUNCIL MINUTES March 8, 2016 Page 2 VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SHADY OAK EXPANSION by The Nordick Group. Second Reading of Ordinance 4-2016-PUD-1-2016 for Planned Unit District Review with waivers and zoning district Amendment within the I-2 Zoning District on 6.78 acres and Site Plan Review on 6.78 acres. Location: 6775 Shady Oak Road. (Ordinance No. 4- 2016-PUD-3-2016 for PUD District Review and Zoning District Amendment; Resolution No. 2016-38 for Site Plan Review) C. SHOPS AT SOUTHWEST STATION by Venture Pass Partners, LLC. Second Reading of Ordinance 5-2016-PUD-2-2016 for Planned Unit 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. (Ordinance No. 5-2016-PUD-2-2016 for PUD District Review and Zoning District Amendment; Resolution No. 2016-39 for Site Plan Review) D. KAL POINT by Kal Stay, LLC. Second Reading of Ordinance 6-2016-PUD-3- 2016 for Guide Plan Change from Neighborhood Commercial to Community Commercial on 2.98 acres, Planned Unit District Review with waivers and zoning district Amendment within the Commercial Regional Services Zoning District on 2.98 acres and Site Plan Review on 2.98 acres. Location: 13105, 13075 & 13405 Pioneer Trail. (Ordinance No. 6-2016-PUD-3-2016 for PUD District Review and Zoning District Amendment; Resolution No. 2016-40 for Site Plan Review) E. ADOPT RESOLUTION NO. 2016-41 APPROVING FINAL PLAT OF KAL POINT F. ADOPT RESOLUTION NO. 2016-42 SUPPORTING APPLICATION FOR FUNDING FOR A TRAIL AND SIDEWALK EXTENSION ON VALLEY VIEW RD. FROM TARTAN CURVE TO COUNTY HIGHWAY 101 G. ADOPT RESOLUTION NO. 2016-43 SUPPORTING APPLICATION FOR FUNDING FOR A TRAIL EXTENSION ON SOUTH SIDE OF VALLEY VIEW RD. FROM 9977 VALLEY VIEW ROAD TO WASHINGTON AVE S. H. ADOPT RESOLUTION APPROVING SUPPORT OF MINNESOTA INVESTMENT FUND APPLICATION IN CONNECTION WITH CLIMATECH I. ADOPT RESOLUTION NO. 2016-45 GRANTING AMENDMENT NO. 1 TO COMMUNICATION FACILITIES LICENSE AGREEMENT WITH VERIZON AT 8080 MITCHELL RD. CITY COUNCIL MINUTES March 8, 2016 Page 3 J. DECLARE OBSOLETE EQUIPMENT AS SURPLUS K. APPROVE PURCHASE OF A GPS TRIMBLE L. ADOPT RESOLUTION NO. 2016-46 DECLARING CITY'S OFFICIAL INTENT TO REIMBURSE ITSELF FOR PRIOR EXPENDITURES OUT OF THE PROCEEDS OF A SUBSEQUENTLY ISSUED SERIES OF BONDS (TOWN CENTER ELEVATED WATER TOWER RECOATING PROJECT) M. APPROVE PURCHASE OF NG-911 REDUNDANT PHONE LOGGER SYSTEM FROM MOTOROLA SOLUTIONS INC. N. AWARD STREET SWEEPING CONTRACT TO PEARSON BROTHERS, INC. O. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB & ASSOCIATES,INC. FOR DESIGN SERVICES FOR THE MEDCOM BOULEVARD IMPROVEMENT PROJECT P. AWARD CONTRACT TO CLASSIC PROTECTIVE COATINGS FOR RECONDITIONING OF TOWN CENTER ELEVATED WATER STORAGE RESERVOIR Q. ADOPT RESOLUTION NO. 2016-47 AMENDING RESOLUTION NO. 2016-12 DESIGNATING CITY COUNCIL MEETING DATES, TIMES & PLACES Getschow said Item VIII.H.has been moved to Item IX.D because a public hearing is required.. In addition, a revision was made to Item VIII.C. changing the expiration date in the ordinance and resolution from April 15 to May 17, 2016. MOTION: Nelson moved, seconded by Aho, to approve Items A-G and I-Q on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS /MEETINGS A. 2016 CDBG FUNDS (RESOLUTION NO. 2016-48) Getschow said the City receives Community Development Block Grant(CDBG) funds from the Federal government which we allocate to our own housing rehabilitation programs and local agencies that provide services and activities for our residents. For 2016 the total CDBG funding allocation is $210,636. He reviewed the funding levels to be provided to the CDBG recipients, including the City's housing activities, PROP Housing Support Services, YMCA Child Care Subsidy, HOME (Household& Outside Maintenance for the Elderly), and PROP (Emergency Vehicle Repair). He said the City Council must pass a resolution that approves the use of the 2016 CDBG funds. Getschow read a statement of appreciation from the YMCA for their allocation which provides child care subsidy support for their programs and services. He noted CITY COUNCIL MINUTES March 8, 2016 Page 4 they requested their statement be read for the record because their representative was not able to attend tonight's meeting. Jenny Buckland, Program Director for PROP, said they appreciate the on-going assistance the City has provided for their services. She reviewed the services provided by the PROP Housing Support Services and by the PROP Emergency Vehicle Services and thanked the Council for the 2016 funding. Valerie Anderson, Program Coordinator of HOME, thanked the Council for the support. She said there is a growing number of seniors and that will mean an even higher demand for the household and maintenance services they provide for the elderly. She noted 33 seniors in Eden Prairie receive their services. MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing, and to adopt Resolution No. 2016-48 approving the use of 2016 CDBG funds as recommended by the Eden Prairie Human Services Committee. Motion carried 4-0. B. STARBUCKS AND BP STATION by Told Development Company. Request for Guide Plan Change from Low Density Residential to Regional Commercial Service on 0.44 acres; Planned Unit Development Concept Review on 1.38 acres; Planned Unit Development District Review with waivers on 1.38 acres; Zoning District Change from R1-13.5 to Highway Commercial (C-HWY) on 0.44 acres; Site Plan Review on 1.38 acres and Preliminary Plat of three lots into two lots on 1.38 acres. Location: 11190 West 62nd St. (Resolution No. 2016-49 for Guide Plan Change; Resolution No. 2016-50 for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Change; Resolution No. 2016-51 for Preliminary Plat) Getschow said the proposed project is for the construction of a 2,000 square foot Starbucks with a drive through and the relocation and reconstruction of a carwash facility at the existing BP Station. A portion of the property was recently annexed into the City of Eden Prairie from the City of Minnetonka. At the time of annexation, Comprehensive Plan Guiding and Zoning was established that most closely resembled the guiding and zoning that previously existed on the property while under the jurisdiction of Minnetonka, with the requirement that at the time of development, Comprehensive Guiding and Zoning would be sought that was consistent with the proposed development. The proponent is seeking PUD waivers to the parking stall size on the existing BP Station site, the requirement for peaked roofs for gasoline/convenience stores and canopies, and the front yard setback for the Starbucks lot. He said the Planning Commission voted 7-0 to recommend approval of the project at the February 8, 2016, meeting. Kathy Anderson, representing Architectural Consortium, said this project has a complicated site with an odd configuration. The project will include improvements to the gas station and the car wash in addition to the new Starbucks location. CITY COUNCIL MINUTES March 8, 2016 Page 5 Tyra-Lukens asked if the rendition included in the Council packet is an accurate illustration of the landscaping plan. Ms Anderson said it is true to the plan. Tyra- Lukens asked if there will be a bike rack because she was concerned that the Starbucks will attract people who will be biking on the nearby trail when the light rail line goes in. Ms Anderson replied there will be a bike rack in the patio area by Starbucks. She commented the connectivity they provide to the trail system will be a great way to get to their location. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Nelson to close the public hearing; to adopt Resolution No. 2016-49 for Guide Plan Change from Low Density Residential to Regional Commercial on 0.44 acres; to adopt Resolution No. 2016-50 for Planned Unit Development Concept Review on 1.38 acres; to approve first reading of the ordinance for Planned Unit Development District review with waivers, and Zoning District change from R1-13.5 to Highway Commercial on 0.44 acres; to adopt Resolution 2 No. 016-51 for Preliminary Plat for 3 lots into 2 lots on 1.38 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Motion carried 4-0. C. OPTUM PUD AMENDMENT by United Health Group (UHG). Request for Planned Unit Development District Review with waivers on 89.63 acres; Zoning District Amendment within the I-5 Zoning District on 89.63 acres and Site Plan Review on 89.63acres. Location: 13625 Technology Drive (Ordinance for PUD District Review with waivers and Zoning District Amendment) Getschow said the proposed project is for the construction of two surface parking lots to support additional employees that will be added to this campus. The north parking area includes 121 stalls and is proposed to be permanent. The south lot proposes 335 parking stalls and is proposed to be temporary. Staff is including recommended conditions of approval that would require the removal of the south lot if any of three conditions occurs. The proponent is also seeking a PUD waiver to allow off-site parking. Dave Pelner, representing UHG, said this is a 90-acre parcel, the westerly most portion of which is owned by UHG and the easterly most portion is owned by AGNL Health. They are in the process of renovating the building and will be moving their technology team into the building when it is completed in approximately two weeks. He said there are 335 stalls in the south parking lot, which is intended to be temporary parking and will eventually be replaced by a parking structure. The 121 stalls in the north parking lot are proposed to be permanent. Tyra-Lukens said she was pleased they looked at the possibility of using pervious pavement. Mr. Pelner replied the nature of the soils there would not allow the proper infiltration with a pervious surface, but the storm water retention pond will take care of all the runoff. CITY COUNCIL MINUTES March 8, 2016 Page 6 There were no comments from the audience. MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing; to approve first reading of the ordinance for Planned Unit Development District review with waivers, and Zoning District amendment within the I-5 Zoning District on 89.63 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Tyra-Lukens noted one of the concerns that occurs when a parking structure is close to a property line is the light scatter from the lighting. She said her understanding was that this project has low lighting and there will not be an overflow of light past the property line. Jeremiah said that question came up at the Planning Commission meeting, and the answer was that the project would meet all the requirements for shielding lights from the property line. VOTE ON THE MOTION: Motion carried 4-0. D. MINNESOTA INVESTMENT FUND APPLICATION IN CONNECTION WITH CLIMATECH (Resolution No. 2016-44) Getschow said Climatech plans to invest about $1,300,000 to renovate the building at 6950 Washington Ave. S. in Eden Prairie and to purchase new equipment. To help offset these costs, they are pursuing a $480,000 forgivable loan(grant) through the Department of Employment and Economic Development's (DEED) Minnesota Investment Fund(MIF)program. This program requires the City to apply for the loan on behalf of the business and to act as the conduit between DEED and the business. DEED requires the City where the qualifying business is located to hold a public hearing before submitting an application. Climatech is a 100% employee- owned business that manufactures plastic profile extrusions and fabricates die-cut components of flexible materials. The funds received through the MIF will assist Climatech in purchasing new equipment. Climatech anticipates creating 20-30 new jobs with the move to the new facility in Eden Prairie. There were no comments from the audience. Nelson asked if this is a"clean-tech"type of industry. A representative of Climatech said it was. MOTION: Nelson moved, seconded by Aho, to close the public hearing and to adopt Resolution No. 2016-44 authorizing application to the Department of Employment and Economic Development(DEED) for a$480,000 forgivable loan to Climatech through DEED's Minnesota Investment Fund(MIF). Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho,Butcher Wickstrom, CITY COUNCIL MINUTES March 8, 2016 Page 7 Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS,REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS A. 2016 COMMISSIONS Tyra-Lukens said the Council Members recently interviewed the applicants for the commissions and will be voting on the applicants tonight. Getschow said 22 applications were received this year for appointment to the City's commissions, which means the commissions will be almost at full strength this year. He noted there will be an orientation session for the new commission members on Wednesday, March 23. MOTION: Nelson moved to appoint to the Conservation Commission Michael Bennett and Ashley Young with terms ending March 31, 2019; Butcher Wickstrom moved to appoint to the Flying Cloud Airport Advisory Commission Daniel Kiely with a term ending March 31, 2019; Aho moved to appoint to the Heritage Preservation Commission Valerie Ross and Pamela Spera with terms ending March 31, 2019;Nelson moved to appoint to the Human Rights and Diversity Commission Sana Elassar, Joan Howe-Pullis, Ann Martinka, Shahram Missaghi and Leslie Philmon with terms ending March 31, 2019; Butcher Wickstrom moved to appoint to the Parks, Recreation&Natural Resources Commission Don Jacobson, Deb McBride, Matt Pellowsi and Kirk Spresser with terms ending March 31, 2019, and Larry Link with a term ending March 31, 2018; and Aho moved to appoint to the Planning Commission Mark Frieberg, Ann Higgins and Tom Poul with terms ending March 31, 2019. Butcher Wickstrom seconded the motions. Motion carried 4-0. B. 2016 BOARD & COMMISSION CHAIRS AND VICE CHAIRS Tyra-Lukens said the Council needs to appoint the Chairs and Vice Chairs for 2016 for the Board and Commission positions. MOTION: Nelson moved to appoint Lyndon Moquist- Chair and Annette O'Connor-Vice Chair of the Board of Appeal & Equalization; Butcher Wickstrom moved to appoint Lori Tritz - Chair and Amanda Anderson-Vice Chair of the Conservation Commission; Aho moved to appoint Steve Olson- Chair and Tara Kalar-Vice Chair of the Heritage Preservation Commission;Nelson moved to appoint PG Naryanan - Chair and Sana Elassar-Vice Chair of the Human Rights and Diversity Commission; Butcher Wickstrom moved to appoint Larry Link- Chair and Deb McBride -Vice Chair of the Parks, Recreation and Natural Resources Commission; and Aho moved to appoint Jon Stoltz - Chair and Andrew Pieper-Vice Chair of the Planning Commission. Nelson seconded the motions. Motion carried 4-0. CITY COUNCIL MINUTES March 8, 2016 Page 8 XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Butcher Wickstrom moved, seconded by Aho, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 7:32 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Raffle Temporary Liquor Organization: Eden Prairie Ducks Unlimited Organization: Eden Prairie Lions Club Place: Bearpath Golf& Country Club Event: Schooner Days 18100 Bearpath Trail Date: June 3, 4, 5, 2016 Date: April 22, 2016 Place: Round Lake Park&EP Community Center Parking Lot Organization: Eden Prairie Noon Rotary 16691 & 16700 Valley View Road Place: Staring Lake Amphitheater 14800 Pioneer Trail Organization: Eden Prairie Lions Club Date: June 12, 2016 Event: Hometown Celebration Date: July 3-4, 2016 Place: Round Lake Park Gambling/Bingo 16691 Valley View Road Organization: Eden Prairie Lions Club Place: EP Community Center Organization: Eden Prairie Noon Rotary 16700 Valley View Road Event: Rib Fest Event: Schooner Days Date: June 12, 2016 Dates: June 3, 4, 5, 2016 Place: Staring Lake Amphitheater 14800 Pioneer Trail Organization: Eden Prairie Lions Club Place: Round Lake Park 16691 Valley View Road Temporary Beer Event: 4th of July Hometown Celebration Organization: Eden Prairie Lions Club Dates: July 3-4, 2016 Event: Corn Feed Date: August 6, 2016 Place: Round Lake Park 16691 Valley View Road - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Sue Kotchevar, Office of the Resolution for reimbursement of prior 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 for the Town Center Water Tower Recoating Project. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- 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 Town Center Water Tower Recoating 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 March 8, 2016. Nancy Tyra-Lukens, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk -2- CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.C. Sue Kotchevar, Office of the Approve 2015 Unbudgeted Fund Transfers City Manager/Finance Requested Action Move to: Approve 2015 unbudgeted fund transfers. Synopsis As part of the audit of the City's financial statements, the year-end unbudgeted transfers are summarized and reported to the City Council. The City Council acceptance of the transfers is a recommended practice by the City's auditors. Most of the transfers are related to the closing of debt service funds and transferring of assessment payments. The General Fund had positive operating results and $336,338 was transferred to the Capital Improvement and Maintenance Fund. Attachment Transfer Schedule City of Eden Prairie Transfer Schedule 12/31/15 Transfer Transfer In Out Amount Explanation Allocation of Costs General Fund Senior Board 1,865 Transfer the Senior Board's share of various programs/projects Capital Maintenance and Improvement Fund G.O.Improvement Revolving Bonds 05A 17,946 Close 2005A Assessment Bonds to Capital Maintenance and Improvement Fund(Mitchell Road) G.O.Improvement Bonds 12B G.O.Improvement Bonds 06B 156,809 Close 2006E Bonds to refinanced 2012E Bonds(Firestation) G.O.Improvement Bonds 08B Flying Cloud Drive 170,000 Transfer Flying Clour Dr Improvement Fund's share of assessments G.O.Permanent Improvement Bonds 12C Shady Oak Road North 2,200,000 Transfer Shady Oak Road North Fund's share of assessments Capital Maintenance and Improvement Fund General Fund 336,338 Transfer amounts above amount needed to maintain fund balance policy CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO: VIII.D. Administration, Alecia Rose, Retirement Enhancement and Benefits HR Manager Program Vendor Change Requested Action Move to: Adopt the Resolution Relating to the City's Participation in the Retirement Enhancement and Benefits Alternatives Program. Synopsis In 2007, the City introduced a high deductible insurance plan combined with a Health Reimbursement Arrangement(HRA) as a health insurance plan choice for employees. In essence, employees who enroll in the lower-cost high deductible insurance plan also receive a monthly contribution from the City to an individual savings account, or HRA. Employees can draw from the HRA to pay for qualified medical expenses. To coordinate the HRA, the City participates in Retirement Enhancements and Benefits Alternatives (REBA), a joint powers entity under Minn. Stat. § 471.59 and a 501(c)(9) trust made up of public employers. This group uses its collective volume to negotiate lower prices for HRA administration. The original third-party administrator of the HRA was Genesis Employee Benefits ("Genesis"). HRA funds were held in the REBA Trust III, for which US Bank served as trustee. In the past several years, the City has experienced customer service issues with Genesis. As a result, the City, with the support of REBA, has terminated the service contract with Genesis and has negotiated an agreement with a new third-party administrator, SelectAccount. To effectuate the new agreement with SelectAccount, REBA has terminated the City's participation in the REBA Trust III and has established the REBA Trust IV with a new trustee, MG Trust. To adopt the new trust, effect the conversion of trust assets from REBA Trust III to REBA Trust IV, and engage SelectAccount as the new third-party administrator, execution of certain documents is required. Attachments • Resolution • Retirement Enhancement and Benefit Alternatives Voluntary Employees' Beneficiary Association Adoption Agreement for City of Eden Prairie • Letter to U.S. Bank Authorizing Transfer of Trust Assets • HSA Service Agreement with MII Life Incorporated d/b/a SelectAccount • Successor Trustee Acceptance and Indemnification Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016 - A RESOLUTION RELATING TO THE CITY'S PARTICIPATION IN THE RETIREMENT ENHANCEMENT AND BENEFITS ALTERNATIVES PROGRAM WHEREAS, the City is a member of the Retirement Enhancement and Benefit Alternatives Program ("REBA"), a joint powers entity pursuant to Minn. Stat. § 471.59, along with several other public employers; and WHEREAS, the purpose of REBA is to negotiate and provide certain health benefits to its members' employees, former employees and spouses and dependents, including a Health Reimbursement Arrangement, Health Savings Accounts, Flexible Spending Accounts, and Retiree Medical Savings Accounts; and WHEREAS, REBA sponsors the Retirement Enhancement and Benefit Alternatives Program Voluntary Employees' Beneficiary Association Plan (the"VEBA Plan"); and WHEREAS, REBA established the Retirement Enhancement and Benefit Alternatives Program Voluntary Employees' Beneficiary Association Trust III, effective July 1, 2006 (the "VEBA Trust III"); and WHEREAS, the City originally adopted the Plan and the REBA Trust III effective June 1, 2007; and WHEREAS, the trustee under the VEBA Trust III is U.S. Bank National Association (the "Retiring Trustee"); and WHEREAS, Genesis Employee Benefits, Inc. d/b/a America's VEBA Solution ("Genesis") is the third-party administrator of the VEBA Plan and the VEBA Trust III; WHEREAS, at the City's request, REBA has terminated the City's participation in the VEBA Trust III and established the Retirement Enhancement and Benefit Alternatives VEBA Trust IV, effective January 1, 2016 (the "VEBA Trust IV"); and WHEREAS, the trustee under the VEBA Trust IV is MG Trust Company (the "Successor Trustee"); and WHEREAS, REBA has designated MII Life, Inc. d/b/a SelectAccount ("SelectAccount")to administer the VEBA Plan and the VEBA Trust IV; and WHEREAS, the City's execution of certain documents is required in order to confirm the termination of the City's participation in the VEBA Trust III, to adopt the VEBA Trust IV, to authorize the transfer of trust assets to the VEBA Trust IV, to remove the Retiring Trustee and appoint the Successor Trustee, and to enter into a service agreement with SelectAccount. NOW, THEREFORE, BE IT RESOLVED, that the City hereby authorizes the termination of its participation in the VEBA Trust III; the adoption of the VEBA Trust IV; the transfer of trust assets to the VEBA Trust IV; the removal of the Retiring Trustee and the appointment of the Successor Trustee; and the adoption of a service agreement with SelectAccount. BE IT FURTHER RESOLVED, that the City hereby authorizes the execution of the Retirement Enhancement and Benefit Alternatives Voluntary Employees' Beneficiary Association Adoption Agreement for City of Eden Prairie; the Letter to U.S. Bank Authorizing the Transfer of Trust Assets; the HSA Service Agreement with MII Life Incorporated d/b/a SelectAccount; and the Successor Trustee Acceptance and Indemnification Agreement; and such other documents as contemplated thereby, and directs the Mayor and/or City Manager as appropriate to execute said documents on behalf of the City . ADOPTED by the Eden Prairie City Council this 5th day of April, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk City of Eden Prairie Retirement Enhancement and Benefit Alternatives Voluntary Employees' Beneficiary Association Adoption Agreement ,.a o, SelectAccounf RETIREMENT ENHANCEMENT AND BENEFIT ALTERNATIVES VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATION ADOPTION AGREEMENT FOR City of Eden Prairie City of Eden Prairie ("Employer") hereby adopts the MG Trust Company Public Employer Retirement Enhancement and Benefit Alternatives VEBA Trust IV Agreement attached hereto (the "Agreement") effective on January 1, 2016 and will remain in force as long as there are no changes made to the Plan. Each service year thereafter will begin January 1st and end on December 31st. The Agreement restates and amends the Basic Plan Document maintained by the Employer and in effect prior to the Effective Date. Employer also adopts and agrees to the terms of the REBA VEBA Master Services Agreement ("the Agreement") attached hereto for the provision of administrative services by MII Life, Incorporated dba SelectAccount. GENERAL INFORMATION: ADOPTING EMPLOYER INFORMATION: Employer Name: City of Eden Prairie Address: 8080 Mitchell Road City, State,Zip: Eden Prairie, MN 55344 Phone/Fax Number: Tax Identification Number: 410855460 Contact Person: Name: Alecia Rose (Person authorized to make Title: Human Resources and Support Services Mgr plan level decisions, sign forms, Address: 8080 Mitchell Road and receive plan level City, State,Zip: Eden Prairie, MN 55344 correspondence) Phone/Fax: Email Address: arose@edenprairie.org ACKNOWLEDGEMENTS: 1. This Agreement has been duly adopted or authorized to be adopted by the Adopting Employer's Managing Body. 2. This Agreement is a "covered entity" for purposes of the Privacy Rules and Security Rules under the Health Insurance Portability and Accountability Act (HIPAA). 3. The Adopting Employer has read and agrees to the terms of the trust agreement(s) for the Trust(s). 2 SIGNATURES: Date: City of Eden Prairie, Adopting Employer Signed: Name: Nancy Tyra-Lukens Title: Mayor Date: Signed: Name: Rick Getschow Title: City Manager Date: SELECTACCOUNT, VEBA Administrator Accepted: Reed Erickson Title: Vice President, Compliance and Risk Management 3 April 5, 2016 U.S. Bank National Association c/o Nic Maylone 800 Nicollet Mall I BC-MN-H11T Minneapolis, MN 55402 RE: Retirement Enhancement and Benefit Alternatives Voluntary Employees'Beneficiary Association Trust III ("REBA III Trust") Dear Mr. Maylone: U.S. Bank National Association ("U.S. Bank") serves as directed trustee of the REBA III Trust pursuant to the Retirement Enhancement and Benefit Alternatives Voluntary Employees' Beneficiary Association Trust III Trust Agreement Dated July 1, 2006 (the"Trust Agreement"). City of Eden Prairie ("Adopting Employer") is an "Adopting Employer"within the meaning of Section 2.1 of the Trust Agreement. Pursuant to Section 6.3 of the Trust Agreement, The Adopting Employer hereby: • Terminates its participation in the REBA III Trust effective April 22, 2016 (the "Effective Date"), and represents and warrants that it has provided written notice of such termination of participation to the Sponsor, Plan Supervisor, and each other Adopting Employer of the REBA III Trust at least 30 days prior to the Effective Date. • Represents and warrants that the employee welfare benefit plan identified in the Adopting Employer's Retirement Enhancement and Benefit Alternatives Voluntary Employees'Beneficiary Association Basic Plan Adoption Agreement continues, and after the Effective Date such employee welfare benefit plan will be funded by way of the MG Trust Company. • Represents and warrants that the MG Trust Company is a voluntary employees' beneficiary association (within the meaning of Section 501(c)(9) of the Internal Revenue Code of 1986, as amended), and is qualified to accept the Directed Transfer. • Directs U.S. Bank to transfer all of the REBA III Trust assets attributable to Adopting Employer to the MG Trust Company as trustee of the MG Trust (such transfer, the"Directed Transfer"). • Acknowledges that pursuant to Section 6.3 of the Trust Agreement, the City of Eden Prairie indemnifies and holds U.S. Bank harmless to the extent that the Directed Transfer adversely affects the REBA III. Trust or the MG Trust Company. Sincerely, City of Eden Prairie By: Nancy Tyra-Lukens Its: Mayor By: Rick Getschow Its: City Manager The undersigned hereby: • Represents and warrants that it is the "Plan Administrator"within the meaning of Section 2.8 of the Trust Agreement; and • Agrees to the Directed Transfer, per Section 6.3 of the Trust Agreement. Sincerely, Retirement Enhancement and Benefit Alternatives Voluntary Employees' Beneficiary Association Plan Administrator Nik Lightfoot By: Its: REBA President City of Eden Prairie HSA Service Agreement With MII Life Incorporated d/b/a SelectAccount City of Eden Prairie HSA Service Agreement With MII Life Incorporated This Agreement ("the Agreement") is between CITY OF EDEN PRAIRIE ("City of Eden Prairie") and MII Life, Incorporated dba SelectAccount (the "Parties") for the purpose of providing HSA Benefit administrative services. The HSA Benefit permits a participant (and the company, if company contributions are provided) to contribute to a health savings account ("HSA") established by the participant. This Agreement is effective as of January 1, 2016. SelectAccount, by accepting this Agreement, agrees to provide the services described in this Agreement. SelectAccount is not an attorney, tax advisor or investment advisor and does not render legal, tax or investment advice in connection with the creation, adoption or operation of the HSA Benefit. City of Eden Prairie will seek the advice of counsel, as needed, as to matters that might arise in connection with design, adoption or operation of the HSA Benefit. SelectAccount is a corporation organized and domiciled in Minnesota and is authorized by law to provide administrative services to an employer with respect to employee benefits for its employees. SelectAccount is also an IRS approved HSA non-bank trustee. 1 SERVICES TO BE PROVIDED BY SELECTACCOUNT SelectAccount agrees to provide the services described below in exchange for the payment of the administrative fees set forth in Attachment A. 1) Administrative Services. a) City of Eden Prairie has chosen SelectAccount as the HSA custodian for contributions by employees and City of Eden Prairie. Once the contributions are deposited into the HSA, a participant is free to request a distribution of the funds or to transfer them to another HSA custodian or trustee. City of Eden Prairie does not sponsor or maintain the HSA's. The participant is responsible for the establishment of the HSA, entering into an agreement with the HSA custodian or trustee and following the terms of that agreement. b) SelectAccount will accept HSA contributions and deposit the funds into the HSA established by the participant as soon as administratively feasible. c) Upon client request and subject to additional fees as set forth in Attachment A, SelectAccount will provide onsite employee enrollment communication meetings. d) SelectAccount will electronically provide general administrative, accounting, record keeping, fiscal and other related services in connection with funding the HSA's. e) SelectAccount will record contribution additions, changes, and terminations permitted under the HSA Benefit. City of Eden Prairie will furnish this information to SelectAccount in a format acceptable to SelectAccount. 2) Reports and Documents SelectAccount shall provide the reports and documents as described in this section via electronic format whenever possible. If electronic distribution by SelectAccount is available, City of Eden Prairie may still request and receive paper mailing and distribution subject to additional fees paid by City of Eden Prairie. a) Reports i. SelectAccount will electronically provide the Participant Activity Report at the beginning of the plan year once enrollment has been entered and following the end of each month. 2 b) Documents i. SelectAccount will electronically provide documents of communication materials necessary to communicate the HSA Benefit to participants. SelectAccount will provide an employee brochure (pre-enrollment) and verification packet (post-enrollment) for distribution to participants by the company. ii. Upon request, SelectAccount shall furnish HSA application forms. 3) Nondiscrimination Testing. If applicable, SelectAccount will, upon request, assist in performing nondiscrimination tests for the Section 125 objective nondiscrimination tests using information provided by City of Eden Prairie. Please see the nondiscrimination testing worksheet for definition of Code terms. 4) Comparability Testing. If applicable, SelectAccount will, upon request, assist in the validation of the comparability rules provided by City of Eden Prairie. 5) HIPAA. SelectAccount will comply with the HIPAA business associate provisions in Attachment B. 3 LIMITATION OF LIABILITY AND INDEMNIFICATION 1) City of Eden Prairie agrees that all information supplied to SelectAccount by City of Eden Prairie will be accurate and that SelectAccount may reasonably rely upon it without any obligation for further inquiry. City of Eden Prairie will be responsible for any losses or damages, including adverse tax consequences, resulting from any action taken or not taken by SelectAccount in reliance on such information or any other action taken or not taken, except as a result of an act or omission by SelectAccount that was criminal, fraudulent, dishonest or grossly negligent. City of Eden Prairie agrees to hold SelectAccount harmless and to indemnify SelectAccount from any such losses or damages, including payment of reasonable attorney's fees, except as otherwise limited above. 2) SelectAccount will perform its duties and obligations under this Agreement in a timely fashion and with the requisite level of care. SelectAccount agrees to hold City of Eden Prairie harmless and to indemnify City of Eden Prairie from any losses or damages, including payment of reasonable attorney's fees, incurred as a result of any an act or omission by SelectAccount that was criminal, fraudulent, dishonest or grossly negligent. 3) SelectAccount is not, in any way, to be deemed an insurer, underwriter or guarantor with respect to any HSA Benefit. Nothing in this Agreement shall be deemed to impose upon SelectAccount any obligation to any employee of City of Eden Prairie or any participant in the HSA Benefit. 4 TERM AND TERMINATION 1) Service Year. The initial Service Year of this Agreement will begin on January 1, 2016 and end on December 31, 2016. This Agreement replaces and supersedes all prior Agreements, if any, between SelectAccount and City of Eden Prairie. Each Service Year thereafter will begin on each January 1 and end on each December 31 in the next succeeding service year. 2) Automatic Renewal. This Agreement will automatically renew for an additional Service Year on the day following the last day of the prior Service Year unless the Parties have replaced this Agreement with a new Agreement or this Agreement is terminated as outlined below. If the Agreement is renewed for an additional Service Year, the Parties will be obligated to provide services and make payments for services as set forth in this Agreement and the Attachments. 3) Termination for Material Breach. Either Party may terminate this Agreement effective upon written notice to the other Party in the event of material breach, which includes, but is not limited to, (a) either Party's failure to pay any amounts when due under this Agreement so long as such default is not cured within a mutually agreed upon time period, and (b) SelectAccount's failure to provide services under this Agreement. In all situations where a Party elects to terminate this Agreement as a result of the material breach of the other Party, the non-breaching Party may, in its sole discretion, provide the breaching Party with a grace period to cure its breach, but such grace period shall not waive any of the rights or remedies the non-breaching Party has against the breaching Party. 4) Termination without Cause. This Agreement may be terminated by either Party at any time, by giving written notice to the other Party at least sixty (60) days prior to the termination date. 5) Obligations after Termination. SelectAccount will have no responsibility to provide services to City of Eden Prairie after the termination of this Agreement. City of Eden Prairie will remain responsible for any outstanding/owed fees to SelectAccount. 5 GENERAL TERMS 1) Assignment of the Agreement. This Agreement may not be assigned by SelectAccount or City of Eden Prairie without the prior written consent of the other Party, which will not be unreasonably withheld. Any attempt to assign, in total, the rights, duties or obligations under this Agreement without such consent will be void and may, at the option of the other Party, constitute a material breach. Notwithstanding this prohibition on assignment of the entire Agreement, either Party may subcontract with another entity to perform specific services described herein (whether or not the right to subcontract has been specifically reserved) without consent of the other Party but will remain wholly responsible for the performance of such subcontracted services. 2) Notices. All notices required or permitted to be given by this Agreement will be in writing and will be made by first class mail or overnight delivery to SelectAccount and City of Eden Prairie at the respective addresses stated below: City of Eden Prairie: Attention: Alecia Rose 8080 Mitchell Road Eden Prairie, MN 55344 SelectAccount: Attention: Vice President, Compliance and Risk Management PO Box 64193 Saint Paul, MN 55164 Either SelectAccount or City of Eden Prairie may change its address for receiving notices upon ten (10) days advance written notice to the other Party. 3) Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions will not in any way be affected or impaired thereby. 4) Status of an Independent Contractor. The Parties make this Agreement and will function as independent contractors and not as an agent of one another. Neither Party will state or imply the contrary to anyone. The employees and agents of each Party will not be treated for any purpose as the agents or employees of the other Party. 5) Dispute Resolution/Mediation. Each dispute, claim or controversy arising from or related to this Service Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. Within thirty (30) days of the selection of the mediator, the parties must attend a mediation session at which the 6 mediator personally shall attempt to facilitate the parties to a settlement. No arbitration 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 Minneapolis or St. Paul. Statements, discussions, representations and offers made at the mediation session shall not be admissible in any later arbitration hearing or in any other proceedings, or otherwise. 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. If mediation has not resulted in a mutually- executed settlement agreement (or withdrawal of claims and counterclaims) after the date of mediation, then either party may require the matter proceed to arbitration as described below. 6) Arbitration. The parties agree that any dispute related to or arising between the Parties under this Agreement will be subject to final and binding arbitration administered by the American Arbitration Association in accordance with its Arbitration Rules then currently in effect. The arbitration shall be held in the County of Dakota, State of Minnesota. The arbitration panel will consist of three arbitrators, one selected by Eden Prairie, one selected by SelectAccount and the third mutually agreed upon by Eden Prairie and SelectAccount. Should the Parties be unable to agree on a third arbitrator, the Parties agree that the "alternate striking" procedures of the American Arbitration Association Commercial Arbitration Rules will be used to select the third arbitrator for the Parties. The Parties may also agree to have only the third arbitrator or another person selected by the Parties conduct the arbitration. With respect to damages awarded in arbitration, the arbitration panel may award only reasonable compensatory damages and may not award punitive damages, liquidated damages, any multiple of compensatory damages or any other award in excess of compensatory damages. Judgment on the award entered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 7) Governing Law/Exclusive Jurisdiction. Except as they may be subject to federal law (including the Code), any questions, disputes or litigation concerning or arising from this Agreement will be governed by the laws of the State of Minnesota. Although the Parties agree to mandatory, binding arbitration, should any litigation ensue, the Parties agree that a federal court within the State of Minnesota will be the exclusive forum for litigation regarding the interpretation or enforcement of this Agreement, unless the federal court determines that it does not have jurisdiction over the subject matter of the dispute, in which case the Parties agree that any action will be brought in a Twin Cities, Minnesota Metropolitan area district court that is mutually acceptable by both parties 8) Errors and Omissions. It is understood and agreed that neither Party will be prejudiced in any way due to clerical error, omission, accident or oversight in connection with formulation or execution of this Agreement provided that corrections are reported to the other Party as soon as discovered. 9) Entire Agreement and Integration. This Agreement (including any Attachments) constitutes the entire, final agreement between SelectAccount and City of Eden Prairie and supersedes any previous agreement between the Parties with respect to the 7 administrative services for the HSA Benefit. Each Party acknowledges that it has not relied on any representations from the other Party that are not set forth in this Agreement. No modification or amendment of this Agreement (or any Attachment) is valid unless made in writing and signed by both Parties. 10) Construction. It is fully understood and agreed to by both Parties that this Agreement will not be construed against SelectAccount as the drafter of the Agreement. 11) Audit. Upon sixty (60) days advance written notice by Employer, SelectAccount agrees to provide Employer's designated auditor with access to information needed to conduct an audit of records maintained by SelectAccount related to Member eligibility, payroll contributions from the Employer, and customer service. The initial notice to SelectAccount will state the scope of the audit, identify the information that is needed, and propose sampling methodologies. The audit will be limited to the Servicing Year in which the audit is conducted and the immediately preceding Servicing Year. The Parties agree to collaborate in good faith to develop an agreement that meets the needs of both Parties and outlines the agreed upon terms for conducting the audit. All auditors will be required to adhere to SelectAccount's procedures for maintaining the security of all information furnished by SelectAccount, and required to sign confidentiality agreements prior to the release of any information by SelectAccount. Any third party auditor must be acceptable to SelectAccount. SelectAccount will be entitled to receive copies of the draft and final audit reports, and will have the right to review and comment on audit findings prior to or simultaneous with the release of such report to Employer. SelectAccount's comments will be noted in the final report. Audits requested by Employer will be limited to one every two years. Employer will bear any expenses incurred by Employer or its auditor. Employer will also reimburse SelectAccount for its costs for any on-site audit that exceeds two business days. Employer will be charged for additional audits based on the actual cost to SelectAccount. Notwithstanding the foregoing, any reports, information, data, etc. given to, or prepared or assembled by SelectAccount under this Agreement which the City of Eden Prairie requests to be kept confidential, shall not be made available to any individual or organization without the City of Eden Prairie's prior written approval. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents and accounting procedures and practices of SelectAccount 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. 12) Data Practices. This Agreement is subject to the Minnesota Government Data Practices 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 SelectAccount in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practices Act and SelectAccount shall comply with those requirements as if it were a government entity. 8 13) Claims. To receive any payment from Employer under this Agreement, SelectAccount hereby declares that all bills and invoices submitted to Customer are deemed to include the following statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 9 City of Eden Prairie HSA Service Agreement With MII Life Incorporated d/b/a SelectAccount SIGNATURES City of Eden Prairie Date: Signed: Nancy Tyra-Lukens Its Mayor Date: Signed: Rick Getschow Its City Manager SelectAccount Accepted: Reed Erickson Title: Vice President, Compliance and Risk Management 10 City of Eden Prairie HSA Service Agreement With Mil LIFE INCORPORATED ATTACHMENT A FEES This Attachment A to the Agreement between City of Eden Prairie ("City of Eden Prairie") and SelectAccount (the "Parties") describes the account specific fees and account crediting rates that City of Eden Prairie has chosen for its employees. If City of Eden Prairie pays the administrative fee on behalf of employees, such payment will billed to City of Eden Prairie. The Monthly Per Participant Fee is based on the number of participants in the Plan who have an HSA as of the last day of the prior month. SelectAccount will submit a bill to City of Eden Prairie by the 15th day of each month for the Monthly Per Participant Fee owed for such month. If you are utilizing ACH for the payment of Account Fees, your group billing contact will be notified via email that an ACH pull has been scheduled and fees will be withdrawn from your bank account within two business days. The billing contact will receive one email notification per invoice generated. City of Eden Prairie should review bill immediately upon receipt and notify SelectAccount within sixty (60) calendar days of any adjustments to participant's fees. Requests for adjustment after sixty (60) calendar days will not be accepted. If employees are required to pay the administrative fee, SelectAccount will debit the participant fee from the employee's HSA monthly. The fees set forth in this Attachment A are subject to change at the beginning of any calendar year upon 60 days prior written notice to City of Eden Prairie. B-1 HSA Premium Saver Fee Schedule Group Account Set Up Fee $0 Participant Fee $4.00 per participant per month Individual Account Closing Fee $0 Paper Mailing and Distribution Fee $0 Pay the Provider Fee N/A Individual Account Debit Card Fees $0 Open Enrollment Meeting Fees* $250.00 Account Crediting Rates Base Balance** $0 to$499 1.05% $500 to$999 1.05% $1,000 to$1,499 1.05% $1,500 to$2,499 1.05% $2,500 to$4,999 1.05% $5,000 to$9,999 1.05% $10,000 to$24,999 1.15% $25,000 to$49,999 1.75% $50,000 or greater 2.00% *Travel Fee will apply for meetings over 250 miles from SelectAccount businesses. ** Rates are as of January 25,2016 and are subject to change without notice. For participants who have an HSA stacked with a SelectAccount FSA,only the SelectAccount FSA fees will apply. The HSA participant fee will be waived. B-2 City of Eden Prairie HSA Service Agreement With Mil LIFE INCORPORATED ATTACHMENT B BUSINESS ASSOCIATE ADDENDUM This Business Associate Addendum ("BAA") between MII Life Incorporated d/b/a SelectAccount ("Business Associate") and City of Eden Prairie ("Covered Entity") is attached to and made part of the City of Eden Prairie HSA Service Agreement with MII Life Incorporated (the "Agreement") as such agreement may be renewed from time to time. Business Associate and Covered Entity agree that this BAA replaces any prior Business Associate Agreements or prior Attachment B's. Covered Entity and Business Associate mutually agree to comply with the requirements of the implementing regulations of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), as modified by the Health Information Technology for Economic and Clinical Health Act (the "HITECH Act"). Specifically, the "HIPAA Rules" means the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 106 and Part 164. The HIPAA Privacy Rule is the Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and 164, subparts A and E. The HIPAA Security Rule is the HIPAA Security Standards at 54 CFR Parts 160 and 164, Subpart C. The HIPAA Breach Notification Rule is the Notification in the Case of Breach of Unsecured Protected Health Information, as set forth at 45 CFR Part 164, subpart D. Business Associate recognizes and agrees that it is obligated by law to meet the applicable provisions of the HIPAA Rules. I. Privacy of Protected Health Information. A. Permitted Uses and Disclosures. Business Associate is permitted to use and disclose Protected Health Information ("PHI") that it creates or receives on Covered Entity's behalf or receives from Covered Entity (or another business associate of Covered Entity) and to request PHI on Covered Entity's behalf (collectively, "Covered Entity's PHI") only as follows: 1. Functions and Activities on Covered Entity's Behalf. To perform functions, activities, services, and operations on behalf of Covered Entity, consistent with the Privacy Rule. More specifically, except as otherwise limited in this BAA, Business Associate is permitted to use and disclose PHI to perform the functions, activities, or services for, or on behalf of, Covered Entity as specified in the above named Agreement, provided that such use or disclosure would not violate the Privacy Rule if done by Covered Entity or the minimum necessary policies and procedures of Covered Entity. 2. Business Associate's Operations. For Business Associate's proper management and administration or to carry out Business Associate's B-3 legal responsibilities, provided that, with respect to disclosure of Covered Entity's PHI, either: a. The disclosure is Required by Law; or b. Business Associate obtains reasonable assurance (and, upon request of Covered Entity, provides written evidence of such assurance) from any person or entity to which Business Associate will disclose Covered Entity's PHI that the person or entity shall: 1. Hold Covered Entity's PHI in confidence and use or further disclose Covered Entity's PHI only for the purpose for which Business Associate disclosed Covered Entity's PHI to the person or entity or as Required by Law; and 2. Immediately (and no later than three (3) days after the suspected or known breach) notify Business Associate (who shall in turn notify Covered Entity in accordance with Section III.D of this BAA) of any instance of which the person or entity becomes aware in which the confidentiality of Covered Entity's PHI was breached. B. Minimum Necessary and Limited Data Set. Business Associate's use, disclosure or request of PHI shall utilize a Limited Data Set if practicable. Otherwise, Business Associate shall, in its performance of the functions, activities, services, and operations specified in Section I.A.labove, make reasonable efforts to use, to disclose, and to request of a Covered Entity only the minimum amount of Covered Entity's PHI reasonably necessary to accomplish the intended purpose of the use, disclosure or request. In addition, Business Associate agrees to implement and follow appropriate minimum necessary policies in the performance of its obligations under this BAA. C. Prohibition on Unauthorized Use or Disclosure. Business Associate shall neither use nor disclose Covered Entity's PHI, except as permitted or required by this BAA or in writing by Covered Entity or as Required by Law. This BAA does not authorize Business Associate to use or disclose Covered Entity's PHI in a manner that will violate 45 C.F.R. Part 164, Subpart E "Privacy of Individually Identifiable Health Information" ("Privacy Rule") if done by Covered Entity, except as set forth in Section I.A.2 of this BAA. 1. Sale of PHI Prohibited. Business Associate shall not directly or indirectly receive any remuneration in exchange for Covered Entity's PHI. 2. Marketing of PHI. Business Associate shall not directly or indirectly receive any remuneration for any use or disclosure of PHI for marketing purposes. D. Information Safeguards. 1. Privacy of Covered Entity's PHI. Business Associate shall develop, implement, maintain, and use appropriate administrative, technical, and B-4 physical safeguards to protect the privacy of Covered Entity's PHI. The safeguards must reasonably protect Covered Entity's PHI from any intentional or unintentional use or disclosure in violation of the Privacy Rule, 45 CFR Part 164, Subpart E and this BAA, and limit incidental uses or disclosures made pursuant to a use or disclosure otherwise permitted by this BAA. Business Associate shall document such safeguards, and, upon request, provide such safeguards to Covered Entity. 2. Security of Covered Entity's Electronic PHI. Business Associate shall develop, implement, maintain, and use administrative, technical, and physical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of Electronic PHI that Business Associate creates, receives, maintains, or transmits on Covered Entity's behalf as required by the Security Rule, 45 C.F.R. Part 164, Subpart C. Business Associate also shall develop and implement policies and procedures and meet the Security Rule documentation requirements. Upon request, Business Associate shall provide such policies and procedures to Covered Entity. Business Associate shall encrypt all portable media on which Electronic PHI is stored, using a non-proprietary algorithm of at least 256-bit cipher strength. E. Subcontractors and Agents. Business Associate shall require any of its subcontractors and agents, to which Business Associate is permitted by this BAA or in writing by Covered Entity to disclose Covered Entity's PHI, to provide reasonable assurance (and, upon request of Covered Entity, provide written evidence of such assurance) that such subcontractor or agent will comply with the same privacy and security safeguard obligations with respect to Covered Entity's PHI that are applicable to Business Associate under this BAA. F. State Law Compliance. Business Associate shall comply with all applicable state laws not preempted pursuant to 45 Code of Federal Regulations Part 160, Subpart B. II. Compliance with Transaction Standards. If Business Associate conducts in whole or part electronic Transactions on behalf of Covered Entity for which DHHS has established Standards, Business Associate shall comply, and shall require any subcontractor or agent it involves with the conduct of such Transactions to comply, with each applicable requirement of the Transaction Rule, 45 C.F.R. Part 162. Business Associate shall not enter into, or permit its subcontractors or agents to enter into, any Trading Partner Agreement in connection with the conduct of Standard Transactions on behalf of Covered Entity that: A. Changes the definition, data condition, or use of a data element or segment in a Standard Transaction; B. Adds any data element or segment to the maximum defined data set; B-5 C. Uses any code or data element that is marked "not used" in the Standard Transaction's implementation specification or is not in the Standard Transaction's implementation specification; or D. Changes the meaning or intent of the Standard Transaction's implementation specification. III. Individual Rights. A. Access. Business Associate shall, within ten (10) days following Covered Entity's request, make available to Covered Entity or, at Covered Entity's direction, to an individual (or the individual's personal representative) for inspection and obtaining copies Covered Entity's PHI about the individual that is in Business Associate's custody or control, consistent with the requirements of 45 CFR Section 164.524, so that Covered Entity may meet its access obligations under 45 C.F.R. § 164.524. Business Associate shall make such information available in an electronic format where directed by Covered Entity. B. Amendment. Business Associate shall, upon receipt of written notice from Covered Entity, promptly amend or permit Covered Entity access to amend any portion of Covered Entity's PHI, so that Covered Entity may meet its amendment obligations under 45 C.F.R. § 164.526. C. Disclosure Accounting. So that Covered Entity may meet its disclosure accounting obligations under 45 C.F.R. § 164.528, Business Associate shall record the following information ("Disclosure Information") for each disclosure of Covered Entity's PHI, that Business Associate makes to Covered Entity or to a third party. 1. Disclosure Information Generally. Except for repetitive disclosures of Covered Entity's PHI as specified in Section III.C.2 below and for disclosures for large research studies as specified in Section III.C.3 below, the Disclosure Information that Business Associate must record for each accountable disclosure are the requirements set forth in the HIPAA Privacy Rule, including but not limited to: (i) the disclosure date, (ii) the name and (if known) address of the entity to which Business Associate made the disclosure, (iii) a brief description of Covered Entity's PHI disclosed, and (iv) a brief statement of the purpose of the disclosure. 2. Disclosure Information for Repetitive Disclosures. For repetitive disclosures of Covered Entity's PHI that Business Associate makes for a single purpose to the same person or entity (including Covered Entity), the Disclosure Information that Business Associate must record is either the Disclosure Information specified in Section III.C.1 above for each accountable disclosure, or (i) the Disclosure Information specified in Section III.C.1 above for the first of the repetitive accountable disclosures, (ii) the frequency, periodicity, or number of the repetitive accountable disclosures, and (iii) the date of the last of the repetitive accountable disclosures. B-6 3. Disclosure Information for Large Research Activities. For disclosures of Covered Entity's PHI that Business Associate makes for particular Research involving 50 or more individuals and for which an Institutional Review Board or Privacy Board has waived authorization during the period covered by an individual's disclosure accounting request, the Disclosure Information that Business Associate must record is (i) the name of the Research protocol or activity, (ii) a plain language description of the Research protocol or activity, including its purpose and criteria for selecting particular records, (iii) a brief description of the type of Covered Entity's PHI disclosed for the Research, (iv) the dates or periods during which Business Associate made or may have made these disclosures, including the date of the last disclosure that Business Associate made during the period covered by an individual's disclosure accounting request, (v) the name, address, and telephone number of the Research sponsor and of the researcher to whom Business Associate made these disclosures, and (vi) a statement that Covered Entity's PHI relating to an individual requesting the disclosure accounting may or may not have been disclosed for a particular Research protocol or activity. Business Associate shall, upon request of Covered Entity or an individual requesting the disclosure accounting, assist Covered Entity or the individual to contact the Research sponsor and the researcher if it is reasonably likely that Covered Entity's PHI relating to the individual was disclosed for the particular Research protocol or activity. D. Reporting of Disclosure Information. Business Associate shall report the Disclosure Information to Covered Entity within five (5) days following the accountable disclosure. E. Maintenance of Disclosure Information. Unless otherwise provided by applicable law, Business Associate shall maintain the Disclosure Information for at least 11 years following the date of the accountable disclosure to which the Disclosure Information relates. F. Restriction Agreements and Confidential Communications. Business Associate shall comply with any agreement that Covered Entity makes that either (i) restricts use or disclosure of Covered Entity's PHI pursuant to 45 C.F.R. § 164.522(a), or (ii) requires confidential communication about Covered Entity's PHI pursuant to 45 C.F.R. § 164.522(b), provided that Covered Entity notifies Business Associate in writing of the restriction or confidential communication obligations that Business Associate must follow. Covered Entity will promptly notify Business Associate in writing of the termination of any such restriction agreement or confidential communication requirement and, with respect to termination of any such restriction agreement, instruct Business Associate whether any of Covered Entity's PHI will remain subject to the terms of the restriction agreement. IV. Privacy Obligation Breach and Security Incidents. A. Reporting. B-7 1. Privacy Breach. Business Associate shall report to Covered Entity any use or disclosure of Covered Entity's PHI not permitted by this BAA or in writing by Covered Entity. In addition, Business Associate shall report, following discovery and without unreasonable delay, but in no event later than five (5) days following discovery, any "Breach" of "Unsecured Protected Health Information" as these terms are defined by the Breach Notification Regulation. Upon Covered Entity's request, Business Associate shall perform a risk assessment to determine whether there is a low probability that the PHI has been compromised pursuant to the Breach Notification Regulation. Business Associate shall provide documentation relating to the risk assessment when Business Associate reports the Breach to Covered Entity. If the Covered Entity determines that notice to the individual(s), media or HHS is required, Business Associate shall be responsible for any and all costs relating to such notice. Business Associate shall cooperate with Covered Entity in investigating the Breach and in meeting the Covered Entity's obligations under the Breach Notification Regulation, and any other security breach notification laws. 2. Any such report will include the identification (if known) of each individual whose Unsecured PHI has been, or is reasonably believed by Business Associate to have been, accessed, acquired, or disclosed during such Breach. Business Associate shall make the report to Covered Entity's Privacy Officer not more than five (5) days after Business Associate learns of such non-permitted use or disclosure. Business Associate's report will at least: a. Identify the nature of the non-permitted access, use or disclosure, including the date of the Breach and the date of discovery of the Breach; b. Identify Covered Entity's PHI accessed, used or disclosed as part of the Breach (e.g., full name, social security number, date of birth, etc.); c. Identify who made the non-permitted access, use or disclosure and who received the non-permitted disclosure; d. Identify what corrective action Business Associate took or will take to prevent further non-permitted access, uses or disclosures; e. Identify what Business Associate did or will do to mitigate any deleterious effect of the non-permitted access, use or disclosure; and f. Provide such other information, including a written report, as Covered Entity may reasonably request. B. Security Incidents. The Security Rules define a "Security Incident" as an attempted or successful unauthorized access, use, disclosure, modification or destruction of information or interference with system operations in an B-8 information system, involving electronic PHI ("e-PHI")that is created, received, maintained or transmitted by or on behalf of a Party. Since the Security Rules include attempted unauthorized access, use, disclosure, modification or destruction of information, Covered Entity needs to have notice of attempts to bypass electronic security mechanisms. The Parties recognize and agree that the significant number of meaningless attempts to,without authorization, access use, disclose, modify or destroy e-PHI will make a real-time reporting requirement formidable for Business Associate. Therefore,the Parties agree to the following reporting procedures for Security Incidents that result in unauthorized access, use, disclosure, modification or destruction of information or interference with system operations ("Successful Security Incidents") and for Security Incidents that do not so result ("Unsuccessful Security Incidents"). For Unsuccessful Security Incidents, the Parties agree that this paragraph constitutes notice of such Unsuccessful Security Incidents. By way of example,the Parties consider the following to be illustrative of Unsuccessful Security Incidents when they do not result in actual unauthorized access, use, disclosure, modification or destruction of e-PHI or interference with an information system: o Pings on Business Associate's firewall, o Port scans, o Attempts to log on to a system or enter a database with an invalid password or username, o Denial-of-service attacks that do not result in a server being taken off-line, and o Malware (worms, viruses, etc.) Business Associate shall report to Covered Entity any Successful Security Incidents of which Business Associate becomes aware. Business Associate shall make this report upon Covered Entity's request, except if any such security incident resulted in a disclosure of Covered Entity's PHI not permitted by this BAA, Business Associate shall make the report in accordance with Section III.D above. C. Mitigation. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a Use or Disclosure of PHI by Business Associate in violation of the requirements of this BAA, including, but not limited to, reimbursing Covered Entity for any and all costs related to credit- monitoring of Covered Entity's members. D. Termination of BAA. 1. Right to Terminate for Breach. Covered Entity may terminate this BAA (as well as any other agreement to which this BAA is attached) if it determines, in its sole discretion, that Business Associate has breached any provision of this BAA and upon written notice to Business Associate of the breach, Business Associate fails to cure the breach within ten (10) B-9 days after receipt of the notice. Covered Entity may exercise this right to terminate this BAA by providing Business Associate written notice of termination, stating the failure to cure the breach of the BAA that provides the basis for the termination. Any such termination will be effective immediately or at such other date specified in Covered Entity's notice of termination. If for any reason Covered Entity determines that Business Associate has breached the terms of this BAA and such breach has not been cured, but Covered Entity determines that termination of the BAA is not feasible, Covered Entity may report such breach to the U.S. Department of Health and Human Services. 2. Termination Upon Expiration or Termination of Related Agreement(s). In the event any underlying agreement(s) to which this BAA is attached expires or is terminated, this BAA shall also be terminated, effective as the date of the expiration or termination of the underlying agreement(s). 3. Obligations on Termination. a. Return or Destruction of Covered Entity's PHI as Feasible. Upon termination or other conclusion of this BAA, Business Associate shall, if feasible, return to Covered Entity or destroy Covered Entity's entire PHI in whatever form or medium, including all copies thereof and all data, compilations, and other works derived therefrom that allow identification of any individual who is a subject of Covered Entity's PHI. Business Associate shall require any subcontractor or agent, to which Business Associate has disclosed Covered Entity's PHI as permitted by Section I.E of this BAA, to if feasible return to Business Associate (so that Business Associate may return it to Covered Entity) or destroy all of Covered Entity's PHI in whatever form or medium received from Business Associate, including all copies thereof and all data, compilations, and other works derived therefrom that allow identification of any individual who is a subject of Covered Entity's PHI, and certify on oath to Business Associate that all such information has been returned or destroyed. Business Associate shall complete these obligations as promptly as possible, but not later than thirty (30) days following the effective date of the termination or other conclusion of this BAA. b. Procedure When Return or Destruction Is Not Feasible. Business Associate shall identify any of Covered Entity's PHI, including any that Business Associate has disclosed to subcontractors or agents as permitted by Section I.E of this BAA, that cannot feasibly be returned to Covered Entity or destroyed and explain why return or destruction is infeasible. Where Covered Entity agrees that such return or destruction is infeasible, Business Associate shall limit its further use or disclosure of such information to those purposes that make return or destruction of such information B-10 infeasible. If Covered Entity does not agree, subparagraph 3.a. above shall apply. Business Associate shall require such subcontractor or agent to limit its further use or disclosure of Covered Entity's PHI that such subcontractor or agent cannot feasibly return or destroy to those purposes that make the return or destruction of such information infeasible. Business Associate shall complete these obligations as promptly as possible, but not later than thirty (30) days following the effective date of the termination or other conclusion of this BAA. c. Continuing Privacy and Security Obligation. Business Associate's obligation to protect the privacy and safeguard the security of Covered Entity's PHI as specified in this BAA will be continuous and survive termination or other conclusion of this BAA. E. Indemnity. Business Associate shall indemnify and hold harmless Covered Entity and any Covered Entity affiliate, officer, director, employee or agent from and against any claim, cause of action, liability, damage, fines, penalties, cost or expense, including attorneys' fees and court or proceeding costs, arising out of or in connection with any non-permitted use or disclosure of Covered Entity's PHI or other breach of this BAA by Business Associate or any subcontractor or agent under Business Associate's control. Covered Entity will indemnify and hold harmless Business Associate and any Business Associate affiliate, officer, director, employee or agent from and against any claim, cause of action, liability, damage, fines, penalties, cost or expense, including attorneys' fees and court or proceeding costs, arising out of or in connection with any non-permitted use or disclosure of Covered Entity's PHI or other breach of this BAA by Covered Entity or any subcontractor or agent under Covered Entity's control. 1. Right to Tender or Undertake Defense. If Covered Entity is named a party in any judicial, administrative or other proceeding arising out of or in connection with any non-permitted use or disclosure of Covered Entity's PHI or other breach of this BAA by Business Associate or any subcontractor or agent under Business Associate's control, Covered Entity will have the option at any time either (A) to tender its defense to Business Associate, in which case Business Associate shall provide qualified attorneys, consultants, and other appropriate professionals to represent Covered Entity's interests at Business Associate's expense, or (B) undertake its own defense, choosing the attorneys, consultants, and other appropriate professionals to represent its interests, in which case Business Associate will be responsible for and pay the reasonable fees and expenses of such attorneys, consultants, and other professionals. If Business Associate is named a party in any judicial, administrative or other proceeding arising out of or in connection with any non-permitted use or disclosure of Covered Entity's PHI or other breach of this BAA by Covered Entity or any subcontractor or agent under Covered Entity's B-11 control, Business Associate will have the option at any time either (A) to tender its defense to Covered Entity, in which case Covered Entity will provide qualified attorneys, consultants, and other appropriate professionals to represent Business Associate's interests at Covered Entity's expense, or (B) undertake its own defense, choosing the attorneys, consultants, and other appropriate professionals to represent its interests, in which case Covered Entity will be responsible for and pay the reasonable fees and expenses of such attorneys, consultants, and other professionals. 2. Right to Control Resolution. Covered Entity will have the sole right and discretion to settle, compromise or otherwise resolve any and all claims, causes of actions, liabilities or damages against it, notwithstanding that Covered Entity may have tendered its defense to Business Associate. Any such resolution will not relieve Business Associate of its obligation to indemnify Covered Entity under this Section IV.E. Business Associate will have the sole right and discretion to settle, compromise or otherwise resolve any and all claims, causes of actions, liabilities or damages against it, notwithstanding that Business Associate may have tendered its defense to Covered Entity. Any such resolution will not relieve Covered Entity of its obligation to indemnify Business Associate under this Section IV.E. V. General Provisions. A. Inspection of Internal Practices, Books, and Records. Business Associate shall make its internal practices, books, and records relating to its use and disclosure of Covered Entity's PHI available to Covered Entity and to DHHS to determine Covered Entity's compliance with the Privacy Rule, 45 C.F.R. Part 164, Subpart E, and the Security Rule. B. Definitions. The terms "Covered Entity," "Electronic Protected Health Information," "Protected Health Information," "Standard," "Trading Partner Agreement," and "Transaction" have the meanings set out in 45 C.F.R. § 160.103. The term "Standard Transaction" has the meaning set out in 45 C.F.R. § 162.103. The term "Required by Law" has the meaning set out in 45 C.F.R. § 164.103. The terms "Health Care Operations," "Payment," "Research," and "Treatment" have the meanings set out in 45 C.F.R. § 164.501. The term "Limited Data Set" has the meaning set out in 45 C.F.R. § 164.514(e). The term "use" means, with respect to PHI, utilization, employment, examination, analysis or application within Business Associate. The terms "disclose" and "disclosure" mean, with respect to PHI, release, transfer, providing access to or divulging to a person or entity not within Business Associate. For purposes of this BAA, Covered Entity's PHI encompasses Covered Entity's Electronic PHI. Any other capitalized terms not identified in this BAA will have the meanings set forth in the HIPAA Rules. C. Amendment to BAA. Upon the compliance date of any final regulation or amendment to final regulation promulgated by DHHS that affects Business Associate's use or disclosure of Covered Entity's PHI or Standard Transactions, B-12 this BAA will automatically amend such that the obligations imposed on Business Associate remain in compliance with the final regulation or amendment to final regulation. D. Conflicts. In the event that this BAA is made part of another agreement between the parties,the terms and conditions of this BAA will override and control any conflicting term or condition of such other agreement, provided that this BAA shall not override any rights of the parties to terminate any such other agreement in accordance with the terms and conditions of such other agreement. B-13 SUCCESSOR TRUSTEE ACCEPTANCE AND INDEMNIFICATION AGREEMENT AGREEMENT MADE THIS 5th DAY OF APRIL, 2016, by and among City of Eden Prairie (the "Employer"), MG Trust (the "Successor Trustee"), and U.S. Bank National Association (the "Retiring Trustee"). WHEREAS, the Retiring Trustee has served as trustee under the Retirement Enhancement and Benefit Alternatives Voluntary Employees' Beneficiary Association Plan (the "Plan") and the Retirement Enhancement and Benefit Alternatives Voluntary Employees' Beneficiary Association Trust III (the "Trust"), and WHEREAS, the Employer has the power to remove the Retiring Trustee and appoint a Successor Trustee, and WHEREAS, the Retiring Trustee is discharged from the trusts and powers conferred upon it by the Trust, and WHEREAS, the Adopting Employer has established MG Trust, and WHEREAS, the Successor Trustee has agreed to assume the powers and duties of the Trust under the Plan. NOW THEREFORE, it is agreed as follows: In exercise of the power given to it by the Plan and Trust, the Employer hereby removes the Retiring Trustee as trustee under the Plan and Trust, and appoints the Successor Trustee as trustee in the place of the Retiring Trustee. By its acceptance below, the Successor Trustee accepts its appointment as trustee under the Plan and MG Trust. It is agreed that the assets of the Plan and Trust shall be transferred from the Retiring Trustee as soon as practicable. It is further agreed that, as between the Successor Trustee and the Retiring Trustee, the Successor Trustee have all right, title and possession of the assets from and after the date of such transfer. The Successor Trustee shall have no responsibility for any act or failure to act by the Retiring Trustee prior to the date of the assets transfer, and shall be accountable for the assets received by the Successor Trustee. The Retiring Trustee shall have no responsibility for any act or failure to act by the Successor Trustee from and after the date of the assets transfer, and shall not be accountable for the assets transferred to the Successor Trustee after the date of such transfer. The Employer hereby further agrees to indemnify and hold harmless the Retiring Trustee from any liability or expenses incurred in connection with any claims or actions hereafter brought against the Retiring Trustee arising from any actions taken by the Retiring Trustee pursuant to the direction of the Employer, to the extent permitted by law. 1 This Agreement may be executed in any number of counterparts, each of which taken together shall constitute one and the same instrument. City of Eden Prairie Nancy Tyra-Lukens, Mayor Rick Getschow, City Manager U.S. Bank National Association By: Witness MG Trust By: Witness 2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Community Development: Design Standards Contract with Hay Dobbs Janet Jeremiah/Julie Klima Requested Action Move to: Approve professional services agreement with Hay Dobbs, for preparation of draft ordinance language regarding city wide design standards related to exterior building materials, architecture, and landscaping. Synopsis The proposed professional services agreement is for the preparation of draft ordinance language and graphics related to exterior building materials, architecture, and landscaping. The City has completed the initial review of existing ordinances and has conducted several visual surveys with policy makers. The next phases of this project utilize existing information to develop draft ordinance language for review by City staff, advisory commissions, and City Council. Background Review and potential updates to the City's Design Standards in order to maintain a high level of aesthetics was identified as a priority in a City Council Visioning Session in 2014. During 2014 and 2015, the City utilized interns to review existing requirements and research standards utilized by other communities. Planning staff used the information to lead discussions and visual surveys with the Planning Commission and City Council. In order to complete the final phase of this initiative, staff solicited Request for Qualifications (RFQ) from design consulting firms. After reviewing the submitted RFQ's and interviewing potential consultants, staff is recommending moving forward with professional services agreement with Hay Dobbs. Hay Dobbs is a regional leader in urban design, planning, and architecture bringing knowledge of and experience with public process, community development,private development, sustainable systems, and emerging best practices. The goal of the project is to develop city wide standards for non-single family residential development to reflect the City's aesthetic and design goals. The process will include preparation of draft language reflecting these goals and presentation of the recommendations through the formal City Code amendment process. Attachment Professional Services Agreement Standard Agreement for Professional Services This Agreement ("Agreement") is made on the April 5, 2016, between the City of Eden Prairie, Minnesota (hereinafter"City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, Hay Dobbs, a Minnesota corporation (hereinafter "Consultant") whose business address is 220 South 6th Street; Suite 165; Minneapolis, MN 55402. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for the preparation of code language related to design standards for exterior building materials, architecture standards and landscaping requirements 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 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 April 5, 2016 through September 30, 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 $31, 695.00 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: 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. 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. Standard Agreement for Professional Design Standards Services 2016 Page 2 of 10 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 Tom Dobbs 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. 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 Standard Agreement for Professional Design Standards Services 2016 Page 3 of 10 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 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 Standard Agreement for Professional Design Standards Services 2016 Page 4 of 10 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 coverages 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, 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. Standard Agreement for Professional Design Standards Services 2016 Page 5 of 10 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. 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 Standard Agreement for Professional Design Standards Services 2016 Page 6 of 10 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 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. Standard Agreement for Professional Design Standards Services 2016 Page 7 of 10 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 HAY DOBBS By: Its: Standard Agreement for Professional Design Standards Services 2016 Page 8 of 10 EXHIBIT A Design Standards for Exterior Building Materials, Architecture Standards and Landscaping Requirements SCOPE OF WORK The City of Eden Prairie is acquiring the services of Hay Dobbs and Solution Blue to prepare draft ordinance language regarding city wide design standards related to exterior building materials, architecture, and landscaping requirements. PROCESS AND MEETING ATTENDANCE The City expects the consultant to meet with City staff to review the information collected and drafted on this initiative to date. Upon the transfer of information, the Consultant will provide a timeline by which draft language regarding exterior building materials, architecture and landscaping can be presented to the internal Development Review Committee (DRC) for review and comment. The project will be completed in approximately 6 months. The consultant will attend DRC meetings to present and discuss draft recommendations of proposed language. These recurring meetings may occur as frequently as twice per month. The DRC is a regularly scheduled meeting that occurs every Thursday from 2-3:30 pm at City Center. The consultant will also prepare a PowerPoint with graphic representations of ordinance concepts to present the draft ordinance recommendations to the City Council at its May 24, 2016 5:30 pm work session meeting. Following this presentation, the Consultant will revise the language, as needed, to address issues identified by the policy makers and staff, prepare final draft language and present recommendations through the formal City Code amendment process. The Consultant should also be prepared to present the draft ordinance language to the Conservation Commission for review and comment prior to beginning the formal public review process. The Consultant will also make amendments to the draft ordinance through the process as directed. DELIVERABLES The deliverables are: 1. Timeline for presenting draft ordinance topics and recommendations to the City Development Review Committee. 2. Draft ordinance language and PowerPoint presentation at the May 24 City Council work session at 5:30 pm; 3. Revised draft ordinance language reflecting staff and policy maker comments and updated PowerPoint presentations to the Conservation Commission, Planning Commission, and City Council. Standard Agreement for Professional Design Standards Services 2016 Page 9 of 10 COMPENSATION HOURLY RATES OF PERSONNEL Hay Dobbs Thomas Dobbs$ 112/Hour Gary Hay$ 112/Hour Adam Aalgaard$ 55/Hour Michael Noonan$ 55/Hour Cheng-Hui Lee $ 65/Hour Support Staff$45/Hour Thomas Leighton$ 120/Hour Julia Paulson$ 85/Hour Anticipated Average Hourly Billing Rate: $ 85/Hour REIMBURSABLE EXPENSES Reimbursable expenses will be billed at 1.00 times the cost. Reimbursable expenses may include but are not limited to: Reproduction/Art Materials at cost CAD plots at cost Postage/Delivery at cost Local Mileage $0.58/mile Solution Blue Mitchell Cookas,ASLA,LEED GA—Director of Sustainability&Landscape Designer($95/hour) Carlos Fernandez,PLA—Lead Landscape Architect($110/hour) Randal Tweden,PE—Lead Civil Engineer($120/hour) Standard Agreement for Professional Design Standards Services 2016 Page 10 of 10 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C.#16-5929 ITEM NO.: VIII.F. Mary Krause Award Contract for 2016 Street Striping to Sir Public Works/Engineering Lines-A-Lot Requested Action Move to: Award contract for 2016 Striping to Sir Lines-A-Lot in the amount of$85,518.00. Synopsis Sealed bids were received Thursday, March 31, 2016 for the 2016 Striping project. Five bids were received and are tabulated as follows: Sir Lines-A-Lot $85,518.00 Warning Lites $88,372.50 AAA Striping Service Company $88,402.50 Traffic Marking Service, Inc. $96,366.00 Century Fence Company $130,883.50 Background Information Street striping is an annual street maintenance project. The budget for 2016 is $100,000 under budget#1714-6337, with the balance of the funding coming from the CIP Pavement Management Fund. Staff recommends award to Sir Lines-A-Lot. Attachments • Bid Tabulation • Form of Contract 2016 Street Striping Bid Tabulation City Street Striping City of Eden Prairie Project Sir Lines-A-Lot Warning Lites of MN,Inc. I AAA Striping Service Co. Traffic Marketing Service,Inc. Century Fence Co. NO DESCRIPTION EST.QTY. UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL 1 UNIT PRICE TOTAL 1 4"Striping(includes Broken/Solid/Double Solid)- 8,300 L.F. 0.160 $1,328.00 0.14 $1,162.00 0.200 $1,660.00 0.27 $2,241.00 0.115 $954.50 Yellow or White Paint-Latex $0.00 $0.00 2 4"Striping(includes Broken/Solid/Double Solid)- 210,000 L.F. 0.190 $39,900.00 0.18 $37,800.00 0.190 $39,900.00 0.23 $48,300.00 0.275 $57,750.00 Yellow or White Epoxy Resin 3 6"Striping-White Paint-Latex 150 L.F. 0.400 $60.00 0.21 $31.50 1.000 $150.00 1.25 $187.50 3.100 $465.00 4 6"Striping-White Epoxy 650 L.F. 2.400 S1,560.00 0.27 $175.50 2.500 $1,625.00 2.00 $1,300.00 3.600 $2,340.00 5 8"Striping-Paint 800 L.F. 0.750 $600.00 0.28 $224.00 1.250 $1,000.00 0.50 $400.00 3.500 $2,800.00 6 8"Striping-Epoxy 850 L.F. 1.000 $850.00 0.36 $306.00 1.000 $850.00 0.50 $425.00 5.050 $4,292.50 7 12"Stop Line-White Paint 50 L.F. 1.200 $60.00 2.50 $125.00 1.250 $62.50 1.25 $62.50 4.250 $212.50 8 12"Stop Line-White Epoxy 300 L.F. 3.000 $900.00 3.50 $1,050.00 4.000 $1,200.00 3.00 $900.00 6.050 $1,815.00 9 24"Stop Line-White Paint 50 L.F. 2.000 $100.00 5.00 $250.00 2.500 $125.00 2.00 $100.00 5.800 $290.00 10 24"Stop Line-White Epoxy 320 L.F. 6.000 $1,920.00 7.00 $2,240.00 7.000 $2,240.00 5.50 $1,760.00 6.700 $2,144.00 11 Crosswalk Blocks-White Paint 300 S.F. 1.500 $450.00 2.50 $750.00 1.800 $540.00 1.25 $375.00 3.600 $1,080.00 12 Crosswalk Blocks-White Epoxy 5,550 S.F. 2.800 $15,540.00 3.75 $20,812.50 3.000 $16,650.00 2.80 $15,540.00 4.000 $22,200.00 13 Pavement Message(Arrow)-White Paint 5 EA. 30.000 $150.00 50.00 $250.00 30.000 $150.00 50.00 $250.00 115.000 $575.00 14 Pavement Message(Arrow)-White Epoxy 125 EA. 68.000 $8,500.00 75.00 $9,375.00 75.000 $9,375.00 95.00 $11,875.00 125.000 $15,625.00 15 Pavement Marking Removal 100 L.F. 0.750 $75.00 1.63 $163.00 1.250 $125.00 0.50 $50.00 0.650 $65.00 16 R.R.Crossing-White Epoxy 6 EA. 650.000 $3,900.00 320.00 $1,920.00 650.000 $3,900.00 575.00 $3,450.00 765.000 $4,590.00 17 Remove Message 100 S.F. 2.500 $250.00 4.88 $488.00 4.000 $400.00 2.00 $200.00 4.050 $405.00 18 12"Crosshatch-Yellow Epoxy 2,200 L.F. 3.250 $7,150.00 3.50 $7,700.00 3.000 $6,600.00 3.00 $6,600.00 4.700 $10,340.00 19 12"Crosshatch-Yellow Paint-Latex 100 L.F. 0.950 $95.00 2.50 $250.00 1.000 $100.00 1.50 $150.00 3.500 $350.00 20 24"Crosshatch-Yellow Epoxy 400 L.F. 4.900 $1,960.00 7.00 $2,800.00 4.000 $1,600.00 5.00 $2,000.00 5.350 $2,140.00 21 24"Crosshatch-Yellow Paint-Latex 100 L.F. 1.700 $170.00 5.00 $500.00 1.500 $150.00 2.00 $200.00 4.500 $450.00 TOTAL BASE BID $85,518.00 $88,372.50 $88,402.50 $96,366.00 $130,883.50 FORM OF CONTRACT THIS AGREEMENT,made and executed this day of ,2016,by and between the City of Eden Prairie, hereinafter referred to as the "CITY", and Y.r -A--L o 1 , hereinafter f referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR,for the consideration hereinafter stated,agree as follows: CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Engineering Division referred to in Paragraph IV,as provided by the CITY for: I.C.#: 16-5929 2016 Street Striping CONTRACTOR further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTORS proposal on file in the office of the City Engineer. The aggregate sum of such prices,based on estimated required quantities is estimated to be$ 5. S( 8• Q®® III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Accepted Proposal c. Contract Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract FC-1 Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: or in accordance with the Contract Documents. VI, This Agreement shall be executed in two (2)copies, IN WITNESS WHEREOF,the parties to this Agreement have hereunto set their hands and seals as of the date fast above written. In Presence Of: CITY OF EDEN PRAIRIE,MN. By Its City Mayor And Its City Manager CONTRACTOR In Presence Of: By Title And Title FC-2 1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 13-5836 ITEM NO.: VIII.G. Denise Christensen Approve Professional Services Agreement for Public Works/Engineering Pavement Evaluation Services from GoodPointe Technology Requested Action Move to: Approve Professional Services Agreement for pavement evaluation services from GoodPointe Technology in the estimated amount of$42,045. Synopsis As part of our pavement management system,periodic evaluations or condition rating surveys are necessary to effectively manage our city street network. Historically, we have performed these surveys on a three-year cycle on our entire street network(currently estimated at 221 miles). Our last survey was completed in 2013 by GoodPointe Technology(our Pavement Management Consultant). The cost for these services will be financed by our Capital Improvement Plan/Pavement Management Program. Background Information The results of this pavement evaluation survey will provide us current information on our street conditions. This current information along with the historical data in our pavement management system provides us a tool in budget preparation for our pavement maintenance needs, as well as selecting specific maintenance projects. Attachments • Professional Services Agreement • Exhibit A - Proposal Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 5th day of April, 2016, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Goodpointe Technology, a Minnesota Company (hereinafter "Consultant")whose business address is 287 East 6th Street, Suite 200, St. Paul, MN 55101_ 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 Pavement Evaluation Services for Pavement Management 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 (Goodpointe Technology Proposal dated March , 2016) 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 April 5, 2016 through October 31, 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 $42,045.00 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. S. 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. 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. Standard Agreement for Professional Services 2014.04 Page 2 of 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 Anthony J, Kadlec 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. 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 Standard Agreement for Professional Services 2014.04 Pap:3 or 8 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 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 Standard Agreement For Professional Services 2014.04 Ng 4 cat ti 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 CO 20 10 04 13; and CO 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 coverages 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, 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. Standard Agreement for Professional Services 20144.04 Page 5 of 8 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 he 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 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. 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 Standard Agreement for Professional Services 2014,04 }age 6 of 3 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. AU 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 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. Standard Agreement for Professional Services 2014.04 Page 7 of 8 19. Services Not Provided Igor. 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 EVEN PRAIRIE Mayor City Manager f2 LO FIRM NAME: �p° yr ' i7'D By: ( fi C7 04-1t-C( Its: PZ..e,_c" '`-) Standard Agreement for Professional Services 2014,04 Page 8 o18 Exhibit A.1 Scope of Work, Pavement Evaluation Services March 11, 2016 Good Pointe Technology Inc. Page 1 of 4 EXHIBIT A.1 Scope of Work This EXHIBIT A.1 SCOPE OF WORK document along with the City's: Standard Professional Services Agreement shall constitute the entire set of authorization documents for this project. GoodPointe Technology proposes to provide the City of Eden Prairie with the following services: . . T V el , el • . Y V , • V p The Pavement Condition Index (PCI) data collection survey will cover the selected streets within the City of Eden Prairie pavement network. The surface condition survey proposed in this task is a walking survey in which 100 percent of the street surface will be surveyed. At a minimum, the following bituminous pavement distress types will be collected as part of the PCI Pavement Condition Survey: Alligator Cracking Flushing Potholes Block Cracking Heaving Raveling Bumps Lane-Shoulder Drop Off Reflective Cracking Corrugation Longitudinal/Transverse Cracking Rutting Depression Patching Shoving Edge Cracking Polished Aggregate Slippage Cracking GoodPointe Technology will enter the data from the pavement condition survey, calculate the PCI and then update the City's ICON system database at the GoodPointe data center. The City will be able to run budget scenario runs immediately after the installation of the updated databases. l 1m t 1I1_14 I I 1 I—X-1'l:ti [s 1L'1U_14 I I'LKs]►I I:Z'l V_l 1:/ We take great pride in providing high quality condition survey data and recommend the following set of quality control (QC) procedures to be applied for our Pavement Condition Index (PCI) survey for the City of Eden Prairie: 2.1) Have a Pre-Survey Meeting In case there are some specific pavement condition issues or judgment calls the City would like to establish before the survey proceeds, GoodPointe and designated City staff will have an onsite meeting at the City and/or will travel out to the field to review and discuss these items. 2.2) Initial Stages Quality Control Evaluation—Distress Level GoodPointe proposes to apply the following distress-level, quality control procedures for the initial stages of this project. For the first five (5) percent of pavement condition Exhibit A.1 Scope of Work, Pavement Evaluation Services March 11, 2016 Good Pointe Technology Inc. Page 2 of 4 survey data collected for this project, the senior project engineer in charge of data collection is assigned the responsibility of providing field quality control services, which will include a follow-up 100% inspection of the data at the distress level and make any notes regarding any inconsistencies noted in the data. For example, if the senior project engineer notes that'edge cracking'was underestimated in the initial survey, then that survey will be flagged for re-evaluation and correction. Based on the results of this quality control review, the GoodPointe senior engineer will apply corrective action, which will include, but not be limited to: retraining, rotation of raters, and possible replacement. 2.3) Post Survey Check GoodPointe will take the PCI calculated from the 2016 survey and compare it to the most recently calculated PCI (called 'Today's Estimated PCI), the latter of which factors in the latest applied (global strategy) paving project (e.g. seal coat, overlay, reconstruct, etc.) and the PCI obtained from the previous network level pavement condition survey performed for the City in 2013. If the absolute difference between the two above-referenced PCI values is >= 10 PCI points, GoodPointe will physically travel back to the pavement section and verify if the survey data is accurate in the latest survey and/or if there are explainable differences between the distress types/quantities of the two surveys. For example, the former survey may have had significant amounts of longitudinal/transverse cracking and, during the time elapsed between surveys this cracking may progress to form extensive block cracking in the latter survey; if so, we would conclude the survey data is reasonable and the PCI difference is justified. If we do find condition data in the latter survey that needs to be corrected, then we will correct it. After we have re-audited and made any necessary corrections to the PCI data, we provide you with the list of PMS sections that have a greater than 10 point difference (up or down) relative to the latest survey, so that you are aware of these sections. 2.4) Maintenance CI check. If there still remains a PCI increase from the former survey to the latter survey, GoodPointe will query the project database to check whether a) maintenance activity has been entered and if b) a corresponding Maintenance CI has been calculated for the given project. In some cases, it will be quite obvious in the follow-up survey that major rehabilitation work has been done since the last survey, since there will be few or no distresses present on the pavement surface. Since we also display the date of the latest maintenance entered into ICON on our data collection sheets or PDA, we will make a note on the pavement condition survey that some maintenance has likely occurred and then report that back to you at the conclusion of the project. Depending on how former surveys have been implemented for the roadway pavements, GoodPointe is willing adjust the above steps accordingly. We are open to discussing the addition of other QA/QC procedures and/or adjusting the survey methodology to better conform to the way the ICON system needs to work for the City of Eden Prairie, but reserve the right to resubmit our cost estimate to cover any anticipated increase in consulting effort to execute the procedures successfully. Exhibit A.1 Scope of Work, Pavement Evaluation Services March 11, 2016 GoodPointe Technology Inc. Page 3 of 4 ASK 3. EXECUTIVE SUMMARY REPORT An executive summary report on the City pavement network will be delivered to the City. This report will include the information collected in this project and will highlight: • Current inventory mileage totals of the network according to the reporting categories defined in the City pavement management system (pavement type, functional class, neighborhood, etc.); • The current pavement condition of the network according into the reporting categories mentioned above and summary information to show the overall trends in pavement condition for the last four pavement surface condition surveys (1995, 1998, 2001, 2004, 2007, 2010, and 2013); • An appendix which includes a listing of the pavement condition survey results for each pavement section (sorted by: ascending/descending PCI, alphabetical, etc.); and, • The completed report will be delivered to the City in MS Word format for storage and use in future presentations at the City. Information Required of the City In order to deliver a high quality work product to the City in this project, GoodPointe will require the following information before the work on this project proceeds: • Hardcopy maps (4 copies) of the pavement management sections in the area to be evaluated in this project; • Digital inventory file (XLS or MDB) of the pavement management sections in the area to be evaluated in this project, to include: o Survey Zone, Street Name, From/To Limits, Section Dimensions, and pavement surface type; o PCI from last survey and date of last survey; o Today's Estimated PCI (based on applicable pavement performance curve and time elapsed from last survey); o Date of most recent structural rehabilitation strategy(e.g. overlay or construction); o Most recent non-structural maintenance project to have occurred on each project section and the date of the project (e.g. 'Sealcoat 6/1/2005', 'Crack Seal 9/1/2006', etc.). NOTE: The project information delivered to GoodPointe in advance of the project will serve to set the Quality Control expectations of these sections through the course of this project to its successful completion. Exhibit A.1 Scope of Work, Pavement Evaluation Services March 11, 2016 Good Pointe Technology Inc. Page 4 of 4 Cost Schedule - City of Eden Prairie Pavement Evaluation Services Basis of Payment: GoodPointe Technology will provide the services described in this proposal for the following costs. Task Unit Cost Units Total Cost 1 $207 per centerline mile 185 $38,295.00* 2 $2,500 lump sum 1 $2,500.00 3 Executive Summary Report: $1,250 1 $1,250.00 Total Proposed $42,045.00 * The final cost will be determined by the actual miles surveyed. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Leslie Stovring Approve Professional Services Engineering Agreement for the 2016 Water Quality Monitoring Program - IC 15-5901 Requested Action Move to: Approve Professional Services Agreement with Blue Water Science for the 2016 Water Quality Monitoring Program in the amount of$31,960. Synopsis The proposal from Blue Water Science continues the City's ongoing monitoring program to help manage our lakes and ponds. Monitoring is conducted annually to evaluate water quality trends as many of our lakes are listed as impaired waters by the State of Minnesota for excess nutrients. In addition, the monitoring is used to assess lakes for treatment options such as harvesting and the use of alum to improve water quality. The costs of water quality improvement and monitoring projects are paid out of the stormwater utility. Background Information The budget for the water quality sampling program was established in the City's Local Water Management Plan. City staff met with the Nine Mile Creek(NMCWD) and Riley-Purgatory- Bluff Creek(RPBCWD) Watershed Districts to discuss projects proposed for the upcoming year in order to coordinate activities and avoid duplication. The following actions are proposed: • Aquatic invasive species (AIS) surveys for Purgatory Creek Park and Round Lake. This will include additional analysis of brittle naiad, a newer invasive species that was identified in these areas, to help determine potential impacts to the water bodies. • Vegetation sampling for Mitchell and Red Rock Lakes to determine harvesting goals for 2016. The intent is to conduct one early season harvest for curly leaf pondweed and a second summer survey to help maintain recreational access. The need for additional harvesting operations will be assessed this summer. • Water quality sampling for Idlewild, Mitchell, Red Rock and Round Lakes. This will help monitor conditions for the lakes for comparison with the water quality improvement projects that are currently ongoing by the City and the District. The Consultant is proposing to have Draft reports completed by March 31, 2017 for presentation at a Conservation Commission meeting in the spring. The estimated cost is $31,960 and will be paid from the storm water utility fund. Attachments • 2016 Water Quality Sampling Program Proposal • Standard Agreement for Professional Services 550 South Snelling Ave 651.690.9602 St. Paul, MN 55116 mccomas@pclink.com PROPOSAL To: Leslie A. Stovring,Environmental Coordinator From: Steve McComas,Blue Water Science Date: March 15,2016 Re: 2016 Water Quality Sampling Program Proposal for Eden Prairie The sampling program will include the Tasks outlined below. All lake water quality data collected must be entered into the Minnesota Pollution Control Agency's water quality database. TASK 1—LAKE WATER QUALITY SAMPLING-IDLEWILD/MITCHELL/RED ROCK/ROUND The following samples be collected every other week from May through October for the lakes listed above. Samples should be collected as surface and bottom samples. Parameters to be analyzed in the field: • Secchi disc • Temperature • Dissolved oxygen • Conductivity • pH Parameters to be analyzed by a laboratory: • Total phosphorus(top and bottom) • Orthophosphate • Chlorophyll a • Ammonium • Nitrate/nitrite • Total Kjeldahl nitrogen • Total Alkalinity • Total Suspended Solids • Chloride • Iron(bottom) • Sulfate(3 sample dates) • Iron to sulfate ratio(calculated) -1- TASK 2—VEGETATION SAMPLING-HARVESTING We will conduct pre-and post-harvesting operation sampling for the following lakes: • Red Rock Lake • Mitchell Lake Blue Water Science will map the aquatic vegetation within these lakes to provide monitoring to meet each of the DNR permit requirements and to coordinate harvesting services with the lake harvesting company to determine the best times and locations to harvest. This work is the result of Vegetation Management Plans that have been developed for these lakes by Wenck Associates. It is anticipated that there will be one pre-harvesting evaluation and one post-harvesting evaluation for each of the following events. 1.Invasive Species Control-Early summer harvest for invasive species control,in coordination with an herbicide application that the Riley-Purgatory-Bluff Creek Watershed District will be conducting. 2.Recreational Access—One to two additional harvesting operations to enhance recreational access. The proposed locations for the harvesting have been mapped by Wenck Associates,the timing and final location will be determined based on the vegetation mapping conducted this summer. TASK 3 —VEGETATION SAMPLING-MS Blue Water Science will conduct vegetation sampling for the following areas: • Purgatory Creek Park • Round Lake Blue Water Science will map aquatic vegetation within Purgatory Creek Park to meet DNR permit requirements for development of an Integrated Pest Management Plan(IPM)for the park areas north of the outlet structure to Purgatory Creek. This would include both the stormwater pond and the large wetland. Wenck will be the lead consultant for this project. Blue Water Science anticipates one meeting with Wenck or city staff to evaluate the project. The survey should include survey of the park area from the open water for invasive species such as brittle naiad, curly leaf pondweed and purple loosestrife. Wenck will be walking the path around the park to evaluate on-shore species. In addition,Blue Water Science has provided an estimate for tissue analysis of the brittle naiad at Round Lake and within Purgatory Creek Park to evaluate conditions that are correlated with heavy versus light growth and to help establish"norms"for brittle naiad growth. TASK 4-REPORT REQUIREMENTS Once the analysis is completed a final report will be prepared which summarizes the results for each individual water body sampled. The report must include the following information: • Analysis of existing conditions • Recommendations for future actions One (1)original,stapled copy and one (1)PDF copy of each Final Report should be submitted by January 31, 2017. Copies of all laboratory reports should be submitted separately. All laboratory results for the lakes will be entered into the MPCA database. Blue Water Science anticipates one meeting with City Staff or the City's Conservation Commission to present the results of the project. -2- SECTION 3-FEE QUOTATION Costs for 2016: Lake and Pond Water Sampling and Projects 2/Month Costs Total May-Oct Costs Secchi,Temp,Diss oxygen, Conductivity,pH,TP,OP, Labor For Lab Report Chl,NH3,NO3-NO2,TKN, Sampling Costs Costs Total Alkalinity,TSS, Chloride, Iron,Sulfate TASK 1. LAKE WATER QUALITY SAMPLING Idlewild 12 sampling trips $1,100 12 x$220 $600 $4,340 =$2,640 Mitchell 12 sampling trips $1,100 12 x$220 $600 $4,340 =$2,640 Red Rock 12 sampling trips $1,100 12 x$220 $600 $4,340 =$2,640 Round 12 sampling trips $1,100 12 x$220 $600 $4,340 =$2,640 Subtotal $4,400 $10,560 $2,400 $17,360 Total Costs TASK 2. VEGETATION SAMPLING-HARVESTING Pre and Post Harvesting Mitchell Lake(112 ac) Pre-Harvesting 2 evaluations $3,200 $1,500 $1,700 Red Rock Lake(91 ac) Pre-Harvesting 2 evaluations $3,200 $1,500 $1,700 Subtotal $6,400 TASK 3. VEGETATION SAMPLING-AIS Early Season Late Season Purgatory Creek $1,950 $1,950 $3,900 Round Lake Early Season Late Season $2,900 $1,450 $1,450 Primary aquatic plant tissue analysis for brittle naiad and report ($200/sample plus report) $1,100 Subtotal $7,900 TASK 4. REPORT REQUIREMENTS AND MEETING Report preparation -- -- included Meeting -- -- $300 Subtotal $300 Summary of Proposed Costs for 2016 for Blue Water Science Total Proposed Costs Task 1: Lake Water Quality Sampling $17,360 Task 2:Vegetation Sampling-Harvesting $6,400 Task 3:Vegetation Sampling -AIS $7,900 Task 4: Report Requirements and Meeting $300 Total $31,960 -3- Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 21 day of March 20 16 between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Blue Water Science a Minnesota company (hereinafter "Consultant") whose business address is 550 South Snelling Avenue, St . Paul, MN 55116 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 scientific services 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 (2016 Water Quality Sampling Prog) 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 April 1, 2016 through March 31, 2017 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 $ 31, 960 for the services as described in Exhibit A. A. Any cftanges 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. 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. Standard Agreement for Professional Services 2014.04 Page 2 of 8 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 Steve McComas 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. 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 Standard Agreement for Professional Services 2014.04 Page 3 of 8 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 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 Standard Agreement for Professional Services 2014.04 Page 4 of 8 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 coverages 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, 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. Standard Agreement for Professional Services 2014.04 Page 5 of 8 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. 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 Standard Agreement for Professional Services 2014.04 Page 6 of 8 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 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. Standard Agreement for Professional Services 2014.04 Page 7 of 8 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 FIRM NAME: Blue Water Science Steve McComas' � �, By: Its: Owner Standard Agreement for Professional Services 2014.04 Page 8 of 8 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 15-5904 ITEM NO.: VIII.I. Leslie Stovring Approve the Agreement for Contract Services Engineering for the Annual Community Clean Up Day Requested Action Move to: Approve the Standard Agreement for Contract Services with Republic Services for assisting with the Annual Community Clean Up Day at a cost not to exceed $35,000. Synopsis The City of Eden Prairie has provided a one-day event for residents to drop off waste materials since 1995. Allied Waste has partnered with the City since the beginning to provide services during this event. Since that time attendance has gradually increased and the costs associated with the cleanup have also increased. The costs have been consistently above $20,000. The attached proposal includes a per unit estimate for an estimated cost of$20,000 to $35,000 depending on attendance. The costs for the cleanup are paid out of the annual recycling grant that the City receives from Hennepin County. Any amounts above what can be paid from the grant(approximately $20,000)would be paid out of the stormwater utility fund. Background Information The City began providing a cleanup in 1995 with a few basic items, such as such as yard waste, construction debris, general household trash and recyclables. In 2002 the cleanup was moved to the Hennepin Technical College as the Allied Waste facility could no longer handle the number of people that came to the event. The change also allowed the City to increase the number and types of materials and now includes charitable donations (typically Vietnam Veterans), bicycle recycling, yard waste, scrap metal, appliances, electronics, tires, fluorescent bulbs and propane tanks. Attendance has increased from approximately 500 households in the 1990's to approximately 1,400 in 2015 for a total cost to the city of$29,887.07. Nominal fees are charged for appliances, electronics and some miscellaneous items such as propane tanks and tires to help cover costs. However, yard waste, furniture, trash, steel and many general trash items can be dropped off at no charge. This year the City is working with a charitable organization to provide food and beverages as a fund raiser during the event. Attachment Agreement Standard Agreement for Contract Services This Agreement("Agreement") is made on the 5th day of April, 2016, between the City of Eden Prairie, Minnesota(hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Republic Services, (hereinafter "Contractor") whose business address is9813 Flying Cloud Drive, Eden Prairie, MN 55347 Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for the Eden Prairie Community Clean Up Day hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Agreement shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of April 5, 2016. The Work shall be completed by June 22, 2016. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. £ When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a not to exceed amount of $35,000 in accordance with the attached pricing outline 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 or amount of materials collected which may result in an increase to the compensation due the Contractor shall require 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. Proiect Manager. The Contractor has designated Nathan Geldner to Manage the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a"per project"basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coveraeges required herein. 1. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity,then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 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: Rich Hirstein Republic Services 9813 Flying Cloud Drive Eden Prairie, MN 55347 Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Leslie A. Stovring, Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate 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. 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 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 Mayor City Manager CONTRACTOR By: Its: / 1/Cf4�c -�,� J i * REPUBLIC 1 SERVICES, INC. March 24, 2016 City of Eden Prairie Leslie Stovring Environmental Coordinator 8080 Mitchell Road Eden Prairie, MN 55344-4485 Dear Leslie: Republic Services would like to thank you for allowing us the opportunity to be the operator of this year's City of Eden Prairie Clean Up.The information below is a breakdown of the pricing for your clean up. Feel free to contact me directly at 952-946-5330 if you have any questions. Thank you! Sincerely, Lc1/1 rstebrA, Rich Hirstein Municipal Services Manager Spring Clean Up: June 18, 2016 City of Eden Prairie BASE SERVICE CHARGES Construction Material $54.00 per ton disposal $2.00/ton tax Yard Waste $44.00 per ton disposal No tax Household Trash $57.00 per ton disposal 9% Hennepin County Tax 9.75%State Tax Furniture $15.00 per piece 9% Hennepin County Tax 9.75%State Tax Scrap Metal - No Charge Recycling Materials - No Charge Labor = 35 Employees at$315.00 per employee Operational Expense; (trucks, containers,etc.) _ $3,400.00 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 15-5930 ITEM NO.: VIII.J. Mary Krause Award Contract for Supply of Bituminous Public Works/Engineering Crack Sealant Material to Midstates Equipment and Supply Requested Action Move to: Award contract for Supply of Bituminous Crack Sealant Material to Midstates Equipment and Supply in the amount of$38,488. Synopsis Quotes were received for the supply of bituminous crack sealant material for use in the 2016 Crack Sealing project. Two quotes were received as follows: Midstates Equipment and Supply $ 38,488 Maxwell Products, Inc. $ 41,820 Background Information Street bituminous crack sealing is an annual street maintenance project in preparation for the 2015 sealcoat project. Crack sealing of bituminous trails and recent overlay areas is also done. The 2016 operating and maintenance budget for street crack sealing is $135,000 under budget item 1707-6339, with the balance of the funding coming from the CIP Pavement Management fund. The trail and parking lots crack sealing portion of the project is funded through the Parks Division under maintenance. The installation of the crack sealant material will be bid separately from the purchase of the sealant material and a recommendation of award for that portion of the project will be brought forward to Council once the bids have been received and opened. Staff recommends award of the contract for supply of the sealant material to Midstates Equipment and Supply. Attachments Contract Quote I'tilal:�ilu119mrc 11 111113STATES 606 County Rd.#1 [Equipment., Sitioidly Mountain Lake, MN 56159 �:' atlp}"llE'U1' Tel.(547)427 3807 I I (J11[P A M St MEV Fax(507)427-3709 I ., hi Toll Free 1-800-929-3807 March 9,2016 1 II` ;"..`l+.li• n N up City of Eden Prairie I Attn: Mike Schmidt 15150 Technology Drive Eden Prairie, MN 55344 Dear Mike, Thank you for giving us the opportunity to quote sealant for your asphalt maintenance needs. Listed below are the prices for the sealant you are interested in. Keep in mind that MN 6.875% Sales Tax must also be added to these prices. "This sealant is on the MN DOT approved list,*" Maxwell Nuvo 3405 with Polyskin Packaging Sealant meets and exceeds the ASTM D6690 Type II &III Spec with the following modification and is certified to meet the MN DOT 3723 Spec. This sealant has 100%elongation at-20 degrees. - • Estimated 68,000 lbs for 1 J2 semi-loads®$0.566/ . =$38,488.00 delivered price *pounds are approximate—actual pounds will depe don actual amount shipped **Special Terns relating to the Hot Pour Sealant—Net 30 Days. If the balances are not paid in full within 30 days, a 2%charge will be added to the invoice totals. Again this year we are being charged from our Material manufacturers a 2%fee if ow•invoices are not paid in full within 30 days,therefore we are passing it on to our customers as well. Phase notify your Accounting Dept so they are aware of the following terms. TERMS: Owner agrees that all payments required under this Contract shall be due and payable within 30 days of date of invoice. Owner further agrees that Midstates Equipment&Supply may charge interest at the annual rate of eighteen percent(18%), unless a lesser percentage is required by law on any sum due under this Contract which is not paid within 30 days of invoice date. If payments are not made when due, interest,costs incidental to collection and attorney's fees(if any attorney is retained for collection) shall be added to the unpaid balance. Midstates Equipment &Supply reserves the right,without penalty from Owner, to stop service or shipment if the Owner does not make payments to Midstates Equipment&Supply when due. • • l'Itis 1}••ol3ostt1l('.ontract may be witlhdi twtn by Miclklitte.s Lquipment& Supply ifnnt.accepiec within 3() (l;tys, or at ittiylii-ne, siib ect lc) increases rtliited to material prices as noted above. • AcCei)tti Ice of Prol?oral` The ttl)(.) prices, st)eci'tlt:atiotis dud coit(litiOii' arc satisliictc)ry and arc hereby.aceej-siec1. Fhis.prolpo,5;t1 in iy he witi-idrawit if not 'accepted within 30 days. • IDatc of acceptance • PO#f 1 ;17ilttit'4 . S1 ;17lttili'C - Plcase.do not liesittitc to (;ttll :11L' i l.'yoti 17ilvl;itrty : . • Smeciely, 1e eed ( q$411 .. 1 13i• .€ilcy:T. }-iigcrl .Terry Van Dyke • MID TA'.I'1?S 1 C7CJII'MEN'I'& SUPL'I Y )(out Itot)resentativc BiBjn • Nuvo 3405 quote dot 0.ty of EtIen Trait•ie f IVIaxvvell SALES QUOTATION A PRODUCTS INCORPORATEDDate:3/9/2016 Quote#984 650 South Delang Street+ Salt;Ake City,UT 94t04 Quote Info Customer Ref No Payment Term Est Delivery Date Sales Rep Net 30 N/A Tom Cannon 801-580-5208 tomt maxwelIproducts.com Customer Delivery Address Project Info City of Eden Prairie City of Eden Prairie N/A 15150 Technology Dr. Eden Prairie,MN 55344 Eden Prairie, MN 55344 Mike 952-294-5933 Items Description Quantity WM Rate Initial Nuvo Spec 3405(PoiySkin) 68,000 LB 0.6150 Freight Freight is included in item price Terms -The above price(s),specifications and conditions of initialed items are satisfactory and are hereby accepted -Quoted prices can be accepted until 4/9/2016 -Quote is based on raw material prices for current month,price may change in subsequent months if costs significantly increase/decrease / The above price(s),specifications and conditions of initialed items are satisfactory and are hereby accepted By: Signature: web:maxwellproducts.com I phone:801.972.2090 I fax:801.972,5536 FORM OF CONTRACT THIS AGREEMENT, made and executed this day of 2016, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Midstates Equipment & Supply, hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: Improvement Contract 16-5930: Supply of Sealant CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Quote Form attached hereto which prices conform to those in the accepted CONTRACTORS proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be$38,488.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. ' IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Accepted Quote The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF,the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MN. Its City Mayor Its City Manager CONTRACTOR In Presence Of: Firm By: Title And Title CITY COUNCIL AGENDA DATE: April 5, 2016 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K. Paul Schlueter MOSS Unheated Storage Building Project Fleet Services Construction Bid Award Requested Action Move to: Award Base Bid and Add Alternates-2 and 2A and Deduct Alternate-3 to RJ Marco Construction, Inc. in the amount of$651,958 for construction of the MOSS Unheated Storage Building project. Synopsis On Thursday March 17th, the City opened bids for construction of the MOSS Unheated Storage Building project. The project was bid as the Base Bid Building with several Add and one Deduct Alternate to help assure that the project could be built within budget. In addition to the Base Bid Building, Add Alternate-1 was to construct a heated storage garage on the south side of the base building. Add Alternate-1 is not being recommended as it would cause the project to be significantly over budget. Add Alternates-2 and 2A are to construct four(4) covered Bulk Storage Bins on the south side of the building. The purpose of these storage bins is to store road and utility construction materials to keep them clean and dry especially during the winter months. This is something the City has needed for a long time. Acceptance of Alternates-2 and 2A is being recommended. Deduct Alternate-3 is a construction cost deduct in the event the City chose to perform some of the site work and landscaping ourselves. Accepting this Alternate will save the City approximately$30,000. over having the contractor do this work. Acceptance of Deduct Alternate-3 is also being recommended. A total of six (6) bids were received. The low responsible bidder to perform the desired Base Bid and Add Alternates-2 and 2A and Deduct Alternate-3 is RJ Marco Construction, Inc. The combined total project cost is $651,958.00. The City has used RJ Marco Construction in the past and has been very satisfied with their work. City staff is recommending awarding the bids as noted above to RJ Marco Construction, Inc. The construction budget for this project is $700,000. Funding for this project is included in the City's 2016 Capital Improvement Plan budget. Attachments Contract Bid Tabulation Summary FORM OF CONTRACT THIS AGREEMENT, made and executed this 5th day of April, 2016, by and between City of Eden Prairie hereinafter referred to as the "CITY",and RJ Marco Construction,Inc., hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR,for the consideration hereinafter stated, agrees as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by DSO Architecture referred to in Paragraph IV, as provided by the CITY for: Construction of the MOSS Unheated Storage Building project including Add Alternates-2 and 2A and Deduct Alternate-3 CONTRACTOR further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Bid Form attached hereto. The aggregate sum of such prices, based on the selected Alternates is $651,958.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts as indicated in the Project Manual for Construction of the MOSS Unheated Storage Building dated February 17, 2016 and signed by Daniel O'Brien of DSO Architecture: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders b. Accepted Bid Form c. Contract Agreement d, Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans and Drawings—DSO Architecture dated February 17,2016 0 Cover Sheet Cl Site and Utility Plan C2 General Notes and Specification C3 Grading and Erosion Control Plan Al.0 Floor Plan, Schedule A1.1 Roof Plan,Doors and Windows A2.0 Exterior Elevations A3.0 Building Sections A3.1 Alternate Building Sections A4.0 Wall Sections A4.1 Wall Sections A4.2 Wall Sections A5.0 Construction details S 1 General Notes and Specifications S2 Fooling and Foundation Plan and Add Alt. Foundation Plan S3 Sections and Details M0.1 Mechanical Cover Sheet MO.2 Mechanical Specifications M1,1 HVAC Plan M5.1 HVAC Details and Schedules FP0.1 Fire Protection Specifications FP0.2 Fire Protection Specifications FP1.1 Fire Protection Plan E0.1 Electrical Cover Sheet E0.2 Electrical Specification E1.0 Electrical Site Plan E1.1 Lighting Plan E2.1 Power Plan L1 Landscape Plan A1.0 Floor Plan Schedules 3/23/2016 Al.! Roof Plan Doors and Windows 3/23/2016 A2.0 Exterior Elevations 3/23/2016 A3.1 Alternate Building Sections 3/23/2016 A4.0 Wall Sections 3/23/2016 A4.1 Wall Sections 3/23/2016 A4.2 Wall Sections 3/23/2016 Deduct Alternate#3 Clarifications: The Contractor will be responsible for the excavation and back-fill of footings, foundations and any grading required within the perimeter of the building footprint. The City of Eden Prairie will be responsible for any and all other sitework including but not limited to: • Bituminous asphalt sawcutting and removal • Site grading and placement or storage of any excess soils • Installation of water main and coordination of any other items placed in water main trench • Placement and compaction of base materials • Installation of bituminous asphalt • Installation of all trees or the other plant materials indicated on landscape plans The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Substantial Completion by October 15,2016 VI, This Agreement shall be executed in two(2)copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MN, By Its City Mayor And Its City Manager CONTRACTOR In Presence Of: '-----R, Pci..troo AS' de—tes n In[: A pp AIM Title ".-e ' 7 apved JESSICA I.HOLZ And /� U • St o of sMinnesota Expir F.�y,��{My Commission 201 8 s January 31, 201 fi Revised and Copied into Purchasing Policy March 2013 MOSS Unheated Storage Building Project No.1505 SECTION 00310 BID FORM TO: The City of Eden Prairie,hereinafter called"Owner." 1. The Undersigned having examined the proposed Contract Documents titled: MOSS Unheated Storage Building and having visited the site and examined the conditions affecting the Work,hereby proposes and agrees to furnish all labor, materials and equipment,and to perform operations necessary to complete the Work as required by said proposed Contract Documents including stipulated allowance(if any)for the stipulated sum of At t�� afu u�.0 coil J,tyl+t3 dollars ($ 6,0,1ez ). 2. Should the Owner decide to proceed with the portion of the Work identified as Additive Alternate No. 1--Heated Storage,add to the Base Bid amount stated above the sum of /5/telt,4 , } j n.44 1.1 4. t+. 4 -- dollars ($ H7,09 8 ). 3. Should the Owner decide to proceed with the portion of the Work identified as Additive Alternate No. 2—Bulk Storage Bins,add to the Base Bid amount stated above the sum of juwity e. fir,/fc�§y frs/`vr, ------- dollars ($ c;2. /4 ). 4. Should the Owner decide to proceed with the portion of the Work identified as Additive Alternate No.2A—Bulk Storage Bins stand alone,add to the Alternate 2 amount state above the sum of /144su ✓Gv nzv i ey,tu .4.4h,41 r dollars ($ (II. ).(Note:Alternate 2A is an incremental increase to Alternate 2 if Alternate 1 is not accepted.) 5. Should the Owner decide to proceed with the portion of the Work identified as Deductive Alternate No.3—Site Work,deduct from the Base Bid amount stated above the sum of 44.rfi: t tt t.svn rl e51./A+a hitweatm3 �. dollars ($ L0;`150 ). b. Enclosed with this bid is the stipulated bid security. X yes no Section 00310—Bid Form Page 1 of 2 MOSS Unheated Storage Building Project No. 1505 7. The undersigned acknowledges receipt of the following Addenda(insert number or none if none were received,) None 8. The undersigned completed and included page l of Section 00320--Responsible Contractor Verification Form. BIDDER: RJ Marco Construction Inc. by ;" Senior Project Manager its: 75 W. Viking Dr. #104 Address: Little Canada, 'Mn 55117 Corporation Type of Business entity: (Corporation,individual,partnership) 17 March Bid dated this day of ,2016 Section 00310—Bid Form Page 2 of 2 MOSS Cold Storage Building Project Bid summary 3/17/2016 Resp. Contr. Base Bid +Alt. Contractor Name: Base Bid Alt. 1 Alt. 2 Alt. 2a Alt. 3 Bid Security Certifcation 2, 2A&3 Diversified Construction 819,992.00 179,736.00 57,663.00 8,952.00 (62,353.00) _ yes yes _ 824,254.00 Gardner Builders 698,522.00 144,700.00 63,400.00 37,200.00 (1,050.00) yes yes 798,072.00 Greystone Construction 694,727.00 134,840.00 56,453.00 16,775.00 (47,124.00) yes yes 720,831.00 Grindstone Construction 639,209.00 137,078.00 54,355.00 66,630.00 (57,156.00) yes yes 703,038.00 RJ Marco Construction 641,182.00 147,098.00 62,614.00 9,112.00 (60,950.00) yes yes 651,958.00 Terranova Construction Services 679,700.00 148,600.00 59,300.00 8,100.00 (76,400.00) yes yes 670,700.00 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: LC. #14-5877 Amend ITEM NO.: VIII.L. Randy Newton Professional Services Agreement with SRF Consulting Group for In-Construction Services Public Works/Engineering for West 70th Street Extension Project Requested Action Move to: Amend Professional Services Agreement with SRF Consulting Group for In- Construction Services for West 70th Street Extension Project to Increase Total Compensation for Services from $119,294 to $144,294. Synopsis SRF is requesting a$25,000 budget increase for the construction administration and observation services they are providing for the West 70th Street Extension Project. The request is a result of unexpected site conditions and an extended construction time frame. Background Information The West 70th Street Extension Improvement Project has resulted in the extension of West 70th Street to Flying Cloud Drive. The majority of the project construction occurred last fall and the roadway was opened to traffic in November. There are still several construction activities that need to be undertaken and completed in the spring and summer of this year including the final paving of the project. The request for a budget increase is primarily a result of the following factors: • Unexpected site conditions which included additional areas of poor soils and higher than expected groundwater. • Unfavorable weather conditions due to the number and timing of rain events. • A longer than anticipated construction time frame which was a result of the above items and the contractor's prosecution of work. Financial Implications The budget increase changes the estimated cost for the construction services contract from $119,294 to $144,294. The project is being funded through Special Assessments and a Hennepin County Transit Oriented Development Grant. Attachments • SRF Letter • Executed Professional Services Agreement ENGINEERS NERS �is� D E S II G N E R S Consulting Group,Inc. SRF No. 8975 March 21,2016 Mr.Randy Newton,PE,PTOE Assistant City Engineer CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie,MN 55344 SUBJECT: WEST 70TH STREET CONSTRUCTION SERVICES Dear Mr. Newton: Since August 2015,SRF Consulting Group,Inc. (SRF) has been providing construction administration and observation services for the West 70th Street project.As we discussed,there have been some unforeseen items that we did not anticipate when the project started that have caused SRF to work beyond our original scope of work.The purpose of this letter is to summarize these items and respectfully request a project budget extension.The summary is as follows: 1. During roadway excavation the contractor encountered significant areas of poor soils.While the geotechnical exploration that was completed earlier in 2015 did indicate areas of poor soils,which were accounted for in the plans,additional areas and challenges with the poor soils and the subgrade were encountered.The poor subgrade soils combined with higher than expected groundwater resulted in increased site visits by our Project Engineer and unanticipated visits by one of our Senior Engineers. 2. Due to several items outside of our control,including contractor inefficiency,unfavorable weather conditions,and the subgrade issues,the construction was not completed as planned by November 30,2015. Construction activities continued into December and will resume again in the Spring of 2016. We anticipate this will increase the overall timeline of the project by forty percent. Our budget for the West 70th Street construction services contract is$119,294. For the time and effort necessary to attend to the additional work noted above,we respectfully request a budget extension of $25,000,which would raise the total amount for this contract to$144,294. Thank you for the consideration of this request.Please contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP,INC. Robert G.Moore Principal RGM/jal H:\Projects\In-Construction\8975\Contract Changes\Supplemental Agreements\2016-03-16 event 70th street budget amendment letter 8975.docx www.s rfcons u Iti ng.corn One Carlson Parkway North,Suite/so Minneapolis,MN S5447-4443 1 763.475.OU1I) Fax:1.Ii66A46.6364 An Eelucd Opporinuify Einieloitrr 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 a r Aft-- City Manager FIRM NAME: c&iii5tiurrithlr 4ft4P /At, Byl(t4AV/ 11#14L"6"- &,4 /090 /.0sir 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 Page loF3 Client Consulting Group,Inc. Work Tasks and Person-Hour Estimates C : tienit City of Eden Prairie Project West70th Street Construction Services Attachment B Consoking Group,Inc P.5537 Subcansurtants: TASt010. 51.9idMAFY OF TASKS io Contract A6ministraAon 2.0 Constructic:Obserratlon 3.0 Construction Surveying 4.0 Landscape coordination Warranty Mnr rstu tiar. 5.0 AS-buitts Copy of Eden Prarie 5RF CONSIA1iNxEAPoUSx TING GROUP.INC.iNC. ENGOIEERSA?dP PLANNERS _8 rtonIN _k1N 7,42015 Pay-2 Pi) 5RF Gonsuiting Group,Inc. Work Tasks and Person-Hour Estimates Client Cltyuf Eden Prairie go IN g Project West70th Street Carrstruc.an Services Como kingGroop,Inc. P15537 TASK.NO TASK OESCRIRT1ON QRINCIPAL A&FIPr _ASSOCIATE SR.PROF PRIN.TE V SR.TECH nXill CLERICAL 112 LS EST.FEE 1A Contract Administration Asgumofions: Project Erlgnneer 13 weeks x 5 Fwurshreek.49 hours pre and post constructer'. SUBTOTAL-TASK 1 10 0 105 0 0 0 o 8 123 $1$255 2-4 aolrslrtadion Observation rIasematIoss Senior Inspector.13 week x 8 hours go,week.40 leers pre and post mr6lructivn In9peclur-13 weeks x 40 hours Der week+40 hops pre and post atrstraction SUBTOTAL-TASK 2 6 4 D 144 0 560 0 0 710 556,562 3.0 Construction Surveying AssunwErarie Crew-13 weeks 12 hours per week SUBTOTAL-TASK 3 2 IS 0 0 1G0 0 160 0 338 $85.814 4.0 Landscape coordination Warranty Administration Assursotion Landscape Architect Strips Ea the site during construction(4 luxes each),8 hours material and shop draw mg review,and 40 hours in 2016 and 2017 for warra.5Af inspections 5Uf10TRL-TASKS 4 4 0 80 0 0 0 0 0 84 $9.484 5,0 As-bruits 5RF Delivenalka: SUBTOTAL-TASK 5 1 0 4 4 4 12 0 0 2,5 S2.3.41 TOTAL ESTIMATED PERSON-HOURS 23 16 169 148 164 572 190 a 1280 AVERAGE HOURLY BILIJNG RATES Si71 $157 $106 $94 $131 $75 $75 $65 ESTIMATED LABOR AND OVERHEAD $3,933 $2,512 $19,845 S13,912 $21.484 $42,900 $12,000 $520 $117406 ESTIMATED DIRECT i1O!ISALiRS EXPENSES $2,188 TOTAL ESTIMATED FEE $119,294 SRFCONDnLTDIG GRG4'P.INC. ENGINEERS AND FLAMERS Cepy Edr/I Prara7p a t716esON d336 LIS.I.trr MNI�APOLIS.hlrl 71SQaF5 Page 3 of 3 SRF Consulting Group,inc. Work Tasks and Person-Hour Estimates Ciient: City of E6ec Prairie i li ti I Project: West 7011)Street Construction Services Cm-making Croup,Inc P15537 TASK N0 TASK DESCRIPTION P1dNCi'a4 5R.A5SCS:, 1t550Ct475 0_pt?0E PRIN.TECH SR.TECH 1101 CLERICAL 7293 5 JST.Ff F ESTIMATE OF DIRECT NM-SALARY EXPENSES: MILEAGE Vehicles 2300 Mies@ $0.575 $1.438 REPRODUCTION: Copy Dupliraoon 500 Copies@ 50.10 550 Cdor Copies 0 Copies@ $0.3o $0 Bond Prsr.ta 0 Prints@ 56.00 $0 M$ar Pints 0 Prir,<s6 $1.00 $0 MAR TROLISE COPIES: 0 Copies@ $1.00 $0 PR1N11NG: $0 SUPPLIES:(Survey) $700 - COMMUNICAT1OPI3 Mail,Express,Etc. $0 Cell Phone Charge:5 0 Miaulea4 50.30 $D St19CONSLJLT4N7S S0 ESTIMATED DIRECT NON-SALARY EXPENSES 12,188 SUM.WR OF COSTS: PRINCIPAL I ASSX. ASS003AIS SR.PIIOF EDE. F-rEt1iW+I CLERICAL TOTALS 10 CorPraotidrnlmslrahuh $ 1,710 $ - $ 11.025 $ - $ - $ - $ - 5 520 $ 13,255 2.0 Constnidion Observation $ 1,026 $ - $ - $ 13,536 $ - $ 42,000 $ - $ - $ 56,562 3.0 Construction Surveying $ 342 $ 2,512 $ - $ - S 20.960 $ - $ 12,60D $ - $ 35,614 4.0 Lend seape coordinate.WaraotyAdministatiun $ 654 $ - $ SAGO $ - $ - $ - 3 - $ - $ 9,084 5.0 As-buOs $ T71 $ - $ 420 $ 376 $ 524 $ 904 $ - $ - $ 2,391 5117,106 Copy of Eden Prarre_6 Mcare 43 34 2615.1daa SRF CONSULTING GROUP.INC_ ENGINEERS MD PLANNERS rSYNEAPOL IS.Pal CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. #11-5800 ITEM NO.: VIII.M. Randy Newton Approve Professional Services Agreement with SRF Consulting Group for Shady Oak Public Works/Engineering Road Signal Timing Requested Action Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for Shady Oak Road Signal Timing. Synopsis This Professional Services Agreement provides professional services for traffic signal retiming for Shady Oak Road near the Highway 62 and Highway 212 interchanges. The signal re-timing is the final component of the Shady Oak Improvement Project. Background Information Over the past several years the City has undertaken the reconstruction and improvement of Shady Oak Road between and including the Highway 62 and Highway 212 interchanges. The project is now fully open to traffic and is nearing final completion in the summer of this year. With the completion of the project and the associated changes in the corridor updated signal timing plans are needed to achieve the full benefits of the project. With this Professional Services Agreement, SRF will complete the signal re-timing for the nine traffic signals on Shady Oak Road between Flying Cloud Drive and Bren Road that were directly impacted by the Shady Oak Road Improvement Project. Concurrent with this work it is anticipated that SRF will also complete signal re-timing for the next segment of Shady Oak Road extending to Highway 7 in Hopkins. This additional work will be done under a separate contract with Hennepin County. Financial Implications The Professional Services Agreement with SRF Consulting Group has an estimated cost of $25,000. This cost is part of the larger Shady Oak Road Improvement Project which is being funded through a variety of sources including: MSA, MnDOT, Hennepin County, Special Assessment and TIF funding. Attachment Professional Services Agreement Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 5 day of April , 20 16 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 Shady Oak Road Signal Timing 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 March 18, 2016 ) 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 April 5, 2016 through December 31, 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 $ 25,000 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 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. 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. Standard Agreement for Professional Services 2014.04R Page 2 of 8 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 Nick Erpelding 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. 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 Standard Agreement for Professional Services 2014.04R Page 3 of 8 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 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 Standard Agreement for Professional Services 2014.04R Page 4 of 8 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. 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. Standard Agreement for Professional Services 2014.04R Page 5 of 8 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. 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 Standard Agreement for Professional Services 2014.04R Page 6 of 8 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 settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. Standard Agreement for Professional Services 2014.04R Page 7 of 8 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 FIRM NAME: By: Its: Standard Agreement for Professional Services 2014.04R Page 8 of 8 Ii E NGINEERS .I ,i D ESIGNERS Consulting Croup,Inc. March 18, 2016 Mr. Randy Newton, P.E.,PTOE Assistant City Engineer CITY OF EDEN PRAIRIE 8080 Mitchell Road Eden Prairie,MN 55344 SUBJECT: PROPOSAL FOR PROFESSIONAL SERVICES FOR SHADY OAK ROAD SIGNAL TIMING HENNEPIN COUNTY,MINNESOTA Dear Mr. Newton: We are pleased to submit this proposal to provide professional services for signal retiming for Shady Oak Road (CSAH 61) near the interchanges of TH 62 and TH 212. The scope of work for this proposal is based on previous signal timing work SRF has provided for Hennepin County, MnDOT, the City of Eden Prairie and input received from MnDOT, Hennepin County, City of Eden Prairie, City of Minnetonka, and City of Hopkins at a corridor stakeholder meeting held on February 1, 2016 at SRF. The signal timing work proposed here covers nine intersections from Flying Cloud Drive (just south/east of TH 212) to Bren Road (approximately one-third mile north of TH 62). In addition to this signal timing work for the City of Eden Prairie,SRF will be concurrently retiming the segment of Shady Oak Road from Bren Road north to TH 7 for Hennepin County. Our approach for these projects will be to coordinate the signal timing between the zones being retimed for Eden Prairie and those being retimed for Hennepin County. SCOPE OF SERVICES We propose to carry out the work as described in the attached Scope of Services. ASSUMPTIONS 1. Our scope of services includes time for email and phone coordination with Hennepin County, MnDOT, the City of Eden Prairie, and City of Minnetonka. We have also included time for one in-person project meeting, to take place after initial recommendations regarding which intersections to group and cycle lengths have been developed. www.srfconsulting.com One Carlson Parkway North,Suite 150 I Minneapolis,MN 55447-4443 1763.475.0010 Fax:763.475.2429 An Equal Opportunity Employer Randy Newton, P.E.,PTOE - 2 - March 18, 2016 City of Eden Prairie 2. Our scope assumes the draft timing plans will be reviewed by the City of Eden Prairie, Hennepin County and MnDOT. Review comments will be incorporated prior to implementation of optimized timing plans. 3. Data collection scheduling is dependent on weather conditions and school schedules. SCHEDULE We will complete this work within a mutually agreed-upon time schedule. Our intent is to implement optimized timing plans in late spring, 2016. 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 $23,044.33,which includes both time and expenses. 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. STANDARD TERMS AND CONDITIONS SRF anticipates that the City of Eden Prairie contract format, with additional terms and conditions, will be used for this project. The attached scope of services can be incorporated into the contact as needed. Randy Newton, P.E.,PTOE - 3 - March 18, 2016 City of Eden Prairie 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. A-""r- Y(f Nicholas J. Erpelding,P.E.,PTOE George M. Stuempfig,P.E., PTOE Senior Associate Principal NJE/GMS/nje Attachment A-Scope of Work cc: Kevin Schwartz,MnDOT Metro Rebecca Krugerud, SRF Consulting Group, Inc. This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. SRF P160132 [K•\Signals\PROPOSAL\2016\P160132 Shady Oak Road Timing\ProposaAShady Oak Road Signal Timing Proposal2016-03-18.docx] SCOPE OF WORK This scope covers data collection, timing plan development, implementation and reporting for nine intersections. The intersections are spread across two zones, one operated by Hennepin County and the other operated by MnDOT Metro. The two zones and nine intersections covered are as follows: Hennepin County-operated Zone: 1. Shady Oak Road (CSAH 61) and Bren Road 2. Shady Oak Road and Red Circle Drive 3. Shady Oak Road and TH 62 North Ramps 4. Shady Oak Road and TH 62 South Ramps /West 62nd Street 5. Shady Oak Road and City West Parkway (North Junction) MnDOT Metro-operated Zone: 6. Shady Oak Road and City West Parkway (South Junction)/Bryant Lake Drive 7. Shady Oak Road and TH 212 West Ramps 8. Shady Oak Road and TH 212 East Ramps 9. Shady Oak Road and Flying Cloud Drive Data Collection SRF will begin the data collection effort upon authorization to proceed. Counts will be scheduled to avoid holidays and to occur while local schools are in session. Turning Movement Counts SRF will collect turning movement counts at the nine signalized intersections noted above. SRF will place video camera equipment to record traffic for a 24-hour weekday period at these intersections. We will conduct turning movement counts from the video for 3-hour AM, 2-hour midday and 3-hour PM peak periods. The counts will include vehicles,pedestrians and trucks. 24-hour ADT Tube Counts 24-hour tube counts will be collected at two locations, one near TH 62 and one near TH 212. The counts will be utilized to create 24-hour volume profiles for determining time of day transition points between timing plans. Existing Signal Timing Parameters Using traffic count data collected in 2010,modified to reflect estimated current volumes,SRF implemented interim signal timing plans for the MnDOT Metro zone in late 2015/early 2016 and for the Hennepin County zone in spring 2015. With Hennepin County's permission, SRF will dial into the Hennepin County zone to verify that our timing plan information is current. The current timing settings will be used to construct Synchro/SimTraffic models of existing conditions. Timing Plan Development SRF will use Synchro/SimTraffic Version 9 to evaluate existing conditions and to develop optimized coordination plans.The base models we created for our recent timing work will be used as the starting point and will be updated to reflect present day roadway geometry. A critical component to signal optimization projects is to ensure a calibrated existing conditions model. Developing an accurate model allows for reliable testing of coordination strategies, evaluation of the effectiveness of the signal optimization plans and assists in selection of appropriate cycle lengths. Our calibration process includes the use of the field collected data, observations of traffic characteristics and our experience. Page 1 Once the calibrated existing conditions models are completed, we will begin the network analysis and signal optimization work. The first step in the process will be to determine the number of timing plans to be developed based on the corridor conditions and traffic volume characteristics. For each timing plan to be developed,movements where left turn phasing may be varied will be reviewed to develop recommendations for left turn operation by time of day. The next step in the process will be to determine a cycle length for each timing plan. This is the single most important step in ensuring a balance between optimal progression and minimal side street delay. Cycle lengths will be determined based on a Synchro/SimTraffic evaluation, adjusted based on experience gained from our recent timing efforts. Our analysis for each time period will also determine whether the two zones should operate together on a common cycle length,half cycle,a resonant cycle, or remain independent. The final step in the process is to determine the green time splits and offsets. Phase order will also be evaluated for each timing plan to determine the most efficient operation (leading or lagging as appropriate) for reducing delay, optimizing progression, and reducing queuing on short segments. For each timing plan, a one-page summary of front page timing, coordination timing, and left turn phasing will be developed. These summaries, along with time of day schedules for each zone will be developed and used for data entry into the signal controllers as part of the implementation process. SRF will also provide(or update) FYA decision tracking spreadsheets for intersections with FYA indications. These are useful for keeping a record which type of left turn phasing (protected only, protected/permissive, permissive only) is intended to be in operation at any time throughout the course of a day and week. Implementation and Fine Tuning We proposed to implement the optimized timing plans in the field as follows. After obtaining approval from MnDOT and Hennepin County,we will program the controllers via Aries Zone Manager (or direct connect in the field where no communication link exists). After data entry,we will download the timing plans and fine-tune their operation in the field, responding to any issues identified by the City, Hennepin County, or MnDOT. As part of the implementation process,we propose the following: • If needed for inter-zone coordination, we will develop short term and long term recommendations for ensuring that the time clocks remain synced between the Hennepin County and MnDOT zones. • We recommend that implementation occur in spring,2016 to allow for fine-tuning of the timing plans while school is in session and prior to commencement of planned TH 169 construction in late fall,2016. Project Benefit Evaluation Once the optimized signal timing plans are implemented and fine-tuned,we will perform an analysis to document the project benefit.The analysis will compare the"before"and"after"Synchro/SimTraffic metrics including delay, stops, fuel usage and emissions, and will include calculation of a benefit/cost ratio for use in assessing the overall cost-effectiveness of the project. Knowledge gained through developing the optimized timing plans and performing field fine-tuning will serve as the basis for recommendations for future improvements that will be included in the final report. Examples of improvements include geometric changes, signal phasing modifications and revised lane assignments. The overall project process, data collection, traffic model development,network analysis, timing plans and project benefit analysis will be documented in a draft and final report. Page 2 Work Task Summary 1. Project Management,Meetings and Quality Management 1.1 Day-to-day project management, monthly invoices, and internal team coordination. Review all deliverables as part of SRF's Quality Management Plan. 1.2 Project Meeting with Hennepin County, MnDOT, Cities. To be held after initial recommendations are developed (coordination groups,cycle lengths). 2. Data Collection 2.1 Collect 24-hour weekday videos at all project intersections. Perform AM, Midday, PM turning movement counts from video at all project intersections. 2.2 Collect 24-hour ADT tube counts at two locations. 2.3 Obtain current Aries INT files for each of the project intersections. 3. Timing Plan Development 3.1 Update Synchro/SimTraffic models of each existing timing plan to reflect existing roadway geometry and new traffic counts. 3.2 Perform a network analysis to determine coordination groups, number of timing plans needed, and approximate cycle lengths. 3.3 Develop a proposed seven-day Time of Day(TOD) schedule for each corridor. 3.4 Develop optimized signal timing plans to cover all time periods at all project intersections. 3.5 Submit optimized timing plans and TOD schedules to City, County and MnDOT for review and comment. 4. Implementation 4.1 Input and download optimized signal timing settings via Aries dial up or direct connect. 4.2 Validate and fine-tune each timing plan and TOD schedule in the field. Assumes fine-tuning will be performed entirely by SRF,although City, County and/or MnDOT staff are welcome to participate. 4.3 Update the Synchro files to reflect fine-tuning changes. Submit to City, County and MnDOT. 4.4 Update MnDOT FYA Decision Tracking spreadsheets. Submit to MnDOT. 5. Reporting 5.1 Calculate a one-year benefit/cost ratio for the project using Synchro/SimTraffic MOE outputs. 5.2 Identify recommended intersection improvements (geometric/ phasing/ lane assignment/ etc.) 5.3 Prepare draft project benefit report. Submit to City for review and comment. Deliverables Task 1: Monthly invoices/progress reports. Task 2: Turning Movement Counts,24-hour volume counts. Task 3: Existing conditions (Synchro files), Optimized timing plans (Synchro files),proposed Aries files. Task 4: Fine-tuned timing plans in the field,Final timing plans (Synchro Files),final Aries files,final FYA decision tracking spreadsheets. Task 5: Draft project report, final project report Page 3 Client: City of Eden Prairie ESTIMATED PERSON-HOURS Project: Shady Oak Road Signal Timing Senior Engr Principal Assoc. Specialist Assoc. Engineer Engineer Temp TASK Stuempfig Erpelding Betts Poska James Sachi PT Staff NO. WORK TASK DESCRIPTION TOTALS 1. Project Management/QAQC 2 16 - - 4 - - 22 1.1 Project Management/QAQC 2 8 - - - - - 10 1.2 One Project Meeting - 8 - - 4 - - 12 2. Data Collection - - - - 4 16 54 74 1 2.1 Video TMCs-9 intersections-3 two-hour peaks - - - - - 12 54 66 2.2 24-Hour ADT Tube Counts-2 locations - - - - - 4 - 4 2.3 Upload current intersection databases - - - - 4 - - 4 3. Timing Plan Development - 2 - 19 46 - - 67 3.1 Calibrate Synchro models-one per timing plan - - - - 4 - - 4 3.2 Network analysis-2 groups - - - 1 2 - - 3 3.3 TOD schedule - - - - 4 - - 4 3.4 Optimized timing plans-9 intersections - 2 - 16 32 - - 50 3.5 Revisions per agency comments - - - 2 4 - - 6 4. Implementation - 2 20 - 34 - - 56 4.1 Input and download timings via Aries - 2 - - 8 - - 10 4.2 Validate and fine-tune plans in field - - 20 - 20 - - 40 4.3 Update Synchro files - - - - 2 - - 2 4.4 Update FYA decision tracking spreadsheets. - - - - 4 - - 4 5. Reporting - 2 - 10 34 - - 46 5.1 Calculate 1-year Benefit-Cost ratio - - - - 8 - - 8 5.2 Identify recommended intersection improvements - - - 2 2 - - 4 5.3 Project Benefit Report(draft/final) - 2 - 8 24 - - 34 TOTAL ESTIMATED PERSON HOURS-TASKS 1-5 2 22 20 29 122 16 54 265 HOURLY RATES $182.73 $132.66 $138.00 $115.05 $85.71 $88.83 $25.00 ESTIMATED LABOR COST $365.46 $2,918.52 $2,760.00 $3,336.45 $10,456.62 $1,421.28 $1,350.00 $22,608.33 TOTAL ESTIMATED DIRECT NON-SALARY EXPENSES(FROM BELOW): $436.00 TOTAL PROPOSED NOT-TO-EXCEED FEE $23,044.33 ESTIMATED DIRECT NON-SALARY EXPENSES $436 Mileage 600 @ $0.560 per mile $336 Printing: $50 Miscellaneous Supplies: $50.00 This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. Page 1 of 1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.N. Paul Schlueter Declare Surplus Equipment Fleet Services Requested Action Move to: Declare the 2016 Surplus Property List as "surplus property" and dispose through authorized methods. Synopsis Once a year, City departments take an inventory of obsolete and un-used equipment and identify items for disposal. These items are disposed of in accordance with City Code 2.86 Subdivision 3. "Disposal of Excess Property" The sale of used equipment helps fund the purchase of new equipment. Background Information The City of Eden Prairie utilizes several options to auction surplus property on the open market. The equipment on the attached list will be sold at public auction. The majority of the equipment will be auctioned using the Fahey Sales Spring Cleanup Sale and Auction on Saturday April 9th in Glencoe MN. The City has used Fahey Sales auctions in the past and has been very satisfied with the sale proceeds received. Occasionally depending on the vehicle or equipment, other avenues such as trade-ins for new equipment are used to maximize surplus property returns. These surplus property disposal methods are in compliance with the city's Purchasing Policy and City code. Attachment 2016 Surplus Property List 2016 Surplus Property List April 5, 2016 Equipment & Miscellaneous Property: Item Quantity Description Estimated Value 1 1 Used 1998 Felling Trailer—VIN: 5FTGE1428W1011483 $1,000.00 2 1 Used 2009 Skag Tiger Cat Lawn Mower—SE: D9105909 $1,500.00 3 1 Used 12' Falls Snow Plow & 8' Wing Plow(parts missing) Unknown 4 1 Used 11' Falls Snow Plow (parts missing) Unknown 5 1 Used 8' Falls Snow Plow (parts missing) Unknown 6 13 Used Gasoline Cans Unknown 7 21 Used Stackable Chairs Unknown 8 1 Used US Filter/Schmidt Sand Blaster Unknown 9 1 Used Stihl BG86 Leaf Blower Unknown 10 1 Used RS-10 Extricator Professional Rescue Set Unknown 11 1 Box Used Maglite Flashlights Unknown 12 1 Pallet of Used Hydraulic Cylinders and Pumps Unknown 13 1 Used Plastic Welder Unknown 14 1 Used Mac Tools Fuel Pressure Tester Unknown 15 1 Used Master Force Saws-All Unknown 16 1 Used Roadside Emergency Kit Unknown 17 1 Used Nexiq Truck Scan Tool Unknown 18 1 Box Used Whelen Lighting Controllers Unknown 19 3 Used Milton Compressed Air Filters Unknown 20 2 Used Trailer Brake Drums Unknown 21 4 Used Ford Truck Headlight Assemblies Unknown 22 4 Used Conference Room Chairs Unknown 23 4 Used LT305/70R16 Goodyear Wrangler AT/S Tires Unknown 24 4 Used LT305/70R17 Goodyear MT/R Tires Unknown 25 1 Pallet Used Traffic Barricades Unknown 26 1 Used Stihl S-460 Concrete Saw Unknown 27 1 Used Ryan Gandy Over-Seeder SE: 3872 Unknown 28 1 Used Ariens ST724 Snow Blower Unknown 29 1 Used Cub Cadet 221L Snow Blower Unknown 30 1 Box Used United Rotary Wafer Broom Sections Unknown 31 1 Used Hoover Carpet Cleaner Unknown 32 1 Used Aluminum Truck Tool Box Unknown 33 1 Used Rotary Vehicle Lift Hydraulic Unit and Super Structure Unknown 34 1 Box Misc. Obsolete OTC Service Tools Unknown 35 1 Used Target Concrete Saw SE: 281633 Unknown CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 5, 2016 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: VIII.O. Approve Purchase of MS Office Licenses through Aditi Salunke, IT Manager State Contract Requested Action Move to: Approve the purchase of"Microsoft Office" licenses through State of Minnesota Agreement 01E61724. Synopsis This is for true-up of licenses for year 3 of a 3 year contract for Microsoft Office and will bring us up to date on our MS Office licenses. We have seen an increase in the number of devices in our environment that are used for MS Office applications. This has caused our current environment to become out of compliance over time. The total cost of the True-up for 75 additional licenses will be $23,775. This will bring us to a total of 350 Microsoft Office licenses. Background Information We signed a 3-year Enterprise Agreement(EA)with Microsoft with SHI as reseller in 2013. After every year of this 3 year Microsoft Office Pro Plus licensing term, we are required to true- up MS Office licenses. There has been an increase in the number of devices (workstations and laptops) over time and this purchase of additional licenses will bring us up to date on our MS Office licenses. SHI pricing is under the SHI MN State Contract#48196. Attachments • SHI(vendor) quote for MS Office license true-up cost • MS License agreement for the 3 year term from May 2013 —April 2016. Pricing Proposal Quotation#: 11173511 Reference#: 6363666 Created On: 3/7/2016 Valid Until: 4/30/2016 City of Eden Prairie MN Inside Account Manager Aditi Salunke Patrick Widdoss 8080 MITCHELL ROAD 290 Davidson Ave ATTN:ACCOUNTS PAYABLE Somerset, NJ 08873 EDEN PRAIRIE,MN 55344 Phone:732-564-8676 United States Fax: 732-564-8676 Phone: (952)949-8520 Email: Patrick_Widdoss@shi.com Fax: Email: asalunke@edenprairie.org All Prices are in US Dollar(USD) Product Qty Your Price Total 1 OfficeProPlus ALNG LicSAPk MVL-True-Up Year 3 75 $317.00 $23,775.00 Microsoft-Part#:269-05623 Coverage Term: —4/30/2016 Subtotal $23,775.00 Total $23,775.00 Additional Comments *Please email all quote requests to QuotesMN@SHI.com* *Please email all order requests to OrdersMN@SHl.com OR fax 732-564-8280* The Products offered under this proposal are subject to the SHI Return Policy posted at www.shi.com/returnpolicy, unless there is an existing agreement between SHI and the Customer. Mic►osoftY I Volume Licensing Enterprise Enrollment State and Local Enterprise Enrollment number Proposal ID (Microsoft to complete) Earliest expiring previous Previous Enrollment number 5145541 Enrollment end date 1 04/30/13 (Reseller to complete) 1 If consolidating from multiple previous Enrollments with Software Assurance,complete the multiple previous Enrollment form and attach it to this Enrollment. Enterprise Products can only be renewed from a Qualifying Enrollment. Additional Products can be renewed from any previous Enrollment with Software Assurance. This Enrollment must be attached to a signature form to be valid. This Microsoft Enterprise Enrollment is entered into between the entities as of the effective date identified in the signature form. Customer represents and warrants that it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified above. This Enrollment consists of (1) this document, (2) the terms of the Enterprise Agreement identified on the signature form, and (3) any supplemental contact information form or multiple previous enrollment form that may be required. If Customer's Enterprise Agreement is a version 6.4 or earlier, the Desktop Terms and Conditions are incorporated by reference. All terms used but not defined are located at http://microsoft.com/licensing/contracts. In the event of any conflict the terms of this agreement control. Effective date. If Customer is renewing Software Assurance from one or more previous Qualifying Enrollments, then the effective date will be the day after the first Enrollment expires. Otherwise the effective date will be the date this Enrollment is accepted by Microsoft. If renewing Software Assurance, the Reseller will need to insert the previous Enrollment number and end date in the respective boxes above. Term. This Enrollment will expire 36 full calendar months from the effective date. It could be terminated earlier or renewed as provided in the Microsoft Enterprise Agreement. Microsoft will advise Customer of the renewal options before it expires. Product order. The Reseller will provide Customer with Customer's Product pricing and order. Prices and billing terms for all Products ordered will be determined by agreement between Customer and the Reseller. The Reseller will provide Microsoft with the order separately from this Enrollment. Qualifying systems Licenses. All desktop operating system Licenses provided under this program are upgrade Licenses. No full operating system Licenses are available under this program. If Customer selects the Desktop Platform or the Windows Desktop Operating System Upgrade & Software Assurance, all Qualified Desktops on which the Windows Desktop Operating System Upgrade must be licensed to run one of the qualifying operating systems identified in the Product List at http://microsoft.com/licensing/contracts. Note that the list of operating systems that qualify for the Windows Desktop Operating System Upgrade varies with the circumstances of the order. That list is more extensive at the time of the initial order than it is for some subsequent true-ups and system refreshes during the term of this Enrollment. For example, Windows XP Home Edition or successor Products are not qualifying operating systems. EA2009EnrGov(AOC)(US)SLG(ENG)(Jul2010) Page 1 of 4 Document X20-01112 1. Contact information. Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Customer consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at http://licensing.microsoft.com. a. Primary contact information: The Customer of this Enrollment must identify an individual from inside its organization to serve as the primary contact. This contact is the default administrator for this Enrollment and receives all notices unless Microsoft is provided written notice of a change. The administrator may appoint other administrators and grant others access to online information. Name of entity(must be legal entity name)* City of Eden Prairie Contact name* First Mike Last Hutter Contact email address* MHutter@edenprairie.org Street address* 8080 Mitchell Road City* Eden Prairie State* MN Postal code* 55344 Country* USA Phone* 952-949-8520 Fax Tax ID (if applicable) b. Notices and online administrator: This individual receives online administrator permissions and thus may grant online access to others. This contact also receives all notices. ® Same as primary contact Name of entity(must be legal entity name)* Contact name* First Last Contact email address* Street address* City* State* Postal code* Country* Phone* Fax ❑ This contact is a third party (not the Customer). Warning: This contact receives personally identifiable information of the Customer. c. Language preference: Select the language for notices. English d. Microsoft account manager: Provide the Microsoft account manager contact for this Customer. Microsoft account manager name: Microsoft account manager email address: e. If Customer requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact remains the default. • Additional notices contact • Software Assurance manager • Subscription manager • Online Services manager • Customer Support Manager(CSM)contact f. Is a purchase under this Enrollment being financed through MS Financing? ❑ Yes, ® No. EA2009EnrGov(AOC)(US)SLG(ENG)(JuI2010) Page 2 of 4 Document X20-01112 g. Reseller information Reseller company name*SHI International Corp Street address (PO boxes will not be accepted)*290 Davidson Ave City* Somerset State* NJ Postal code*08873 Country* USA Contact name* Phone*888-764-8888 Fax 888-764-8889 Contact email address* MSTeam@SHl.com The undersigned confirms that the information is correct. Name of Reseller* SHI International Corp Signature* Printed name* Printed title* Licensing Specialist Date* Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with one another, Customer must choose a replacement. If Customer intends to change the Reseller, it must notify Microsoft and the former Reseller, in writing on a form provided at least 90 days prior to the date on which the change is to take effect. The change will take effect 90 days from the date of Customer's signature. 2. Defining your Enterprise. Use this section to identify which Affiliates are included in the Enterprise. Customer's Enterprise must consist of entire government agencies, departments or legal jurisdictions, not partial government agencies, departments, or legal jurisdictions. (Check only one box in this section.) ® Only you (and no other affiliates) will be participating ❑ Customer and all Affiliates are included (excluding new Affiliates with which you consolidate in the future) ❑ The following Affiliates are excluded 3. Establishing Customer price level. The price level indicated in this section will be the price level for the initial Enrollment term for all Enterprise Products ordered and for any Additional Products in the same pool(s). The price level for any other Additional Products will be level "D". Qualified Desktops: Customer represents that the total number of Qualified Desktops in its Enterprise is, or will be increased to, this number during the initial 275 term of this Enrollment(This number must be equal to at least 250 desktops). EA2009EnrGov(AOC)(US)SLG(ENG)(JuI2010) Page 3 of 4 Document X20-01112 Qualified Users: Customer represents that the total number of Qualified Users in its Enterprise is, or will be increased to, this number during the initial term of this 275 Enrollment (This number must be equal to at least 250 users). Number of I Qualified Qualified desktops/ users Price level Price level (for pools in which Desktop User Customer orders an Enterprise 250 to 2,399 A Product): D D 2,400 to 5,999 B 6,000 to 14,999 C Price level (for pools in which Customer does not order an Price level "D" 15,000 and above D Enterprise Product). 4. Enterprise Product orders. Customer must select a desktop platform or any individual Enterprise Product before it can order Additional Products. The CAL selection must be the same across the Enterprise. The components of the current versions of any Enterprise Product are identified in the Product List. Enterprise Product Selection Please choose the Enrolled Affiliate's desktop option (Select 1): ❑ Enterprise Desktop with MDOP ❑ Enterprise Desktop ❑ Professional Desktop with MDOP ❑ Professional Desktop ❑ Custom Desktop or Individual Enterprise Product Component(s): Select at least 1 component. (For full platform, Windows Desktop, Office, and Client Access License components must all be selected.) ❑ Windows Desktop (Includes Windows Desktop Operating System Upgrade and Windows VDA): <Select One> ® Office: Office Professional Plus ❑ Client Access License: <Select One> For any Client Access Licenses, please indicate whether licensing by Desktop or User: <Select One> Unless stated/indicated otherwise, Microsoft will invoice Customer's Reseller in 3 equal annual installments. The first installment will be invoiced upon Microsoft's acceptance of this Enrollment and thereafter on the anniversary of the Enrollment. All subsequent new Additional Products and true-ups are billed in full. EA2009EnrGov(AOC)(US)SLG(ENG)(JuI2010) Page 4 of 4 Document X20-01112 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 5, 2016 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: VIII.P. Enterprise Agreement and Renewal of Microsoft Aditi Salunke, IT Manager licenses (Office Pro, SQL Servers, Windows Servers) Requested Action Move to: Approve Enterprise Agreement and Authorize renewal of Microsoft Licenses purchase through SHI. Synopsis This is a renewal for a 3-year contract, originally entered in 2004 and last renewed in May of 2013. The contract includes annual payments,price protection for the duration of the 3-year term, and Software Assurance. The original contract was entered in 2004 for a six year term; it was renewed in 2010 for three years and in 2013 for an additional three years. This agreement expires April 20, 2016. Pricing received from SHI is through the SHI Minnesota State Contract 48196. The City is enrolled as an affiliate of the State of Minnesota under master agreement number 01 E61724 and thus receives the deepest discount on this agreement. The total investment will be $115,690 over three years. This agreement covers 350 workstations for Microsoft Office Pro Licenses. Additionally, we will begin rolling over the following from the current Select Plus agreement to this Enterprise Agreement: • Exchange Server license • 13 SQL user CALs • 18 SQL server(2 core) licenses • 4 SQL server standard licenses • 3 Windows server Data Center licenses • 2 Windows server standard licenses The payments will be split over the next three years as follows. The increase in annual cost in Year 2 and Year 3 is on account of licenses rolling off of Select Plus agreement and on to the Enterprise Agreement: Year 1: $32,274 Year 2: $36,770 Year 3: $46,646 By leveraging this State contract, we also gain the following benefits: • Reduced administrative overhead • Prevention of periodic price changes • Planning services • Increased training options • Upgrades as needed • Training vouchers for IT staff • MS Office Employee purchase program • Office Home Use Rights • TechNet Support Attachments • SHI quotes for Microsoft Enterprise Agreement • Enterprise Agreement with Microsoft (pending) Pricing Proposal Quotation#: 11253105 Reference#: 6363666 Created On: 3/21/2016 Valid Until: 3/31/2016 City of Eden Prairie MN Inside Account Manager Aditi Salunke Patrick Widdoss 8080 MITCHELL ROAD 290 Davidson Ave ATTN:ACCOUNTS PAYABLE Somerset, NJ 08873 EDEN PRAIRIE,MN 55344 Phone:732-564-8676 United States Fax: 732-564-8676 Phone: (952)949-8520 Email: Patrick_Widdoss@shi.com Fax: Email: asalunke@edenprairie.org All Prices are in US Dollar(USD) Product Qty Your Price Total 1 OfficeProPlus ALNG SA MVL 350 $90.00 $31,500.00 Microsoft-Part#:269-05704 Coverage Term:5/1/2016—4/30/2017 Note: Year 1 2 ExchgSvrStd ALNG LicSAPk MVL 1 $270.00 $270.00 Microsoft-Part#: 312-02177 Coverage Term: 5/1/2016—4/30/2017 Note: Year 1 3 SQLCAL ALNG SA MVL UsrCAL 13 $0.00 $0.00 Microsoft-Part#: 359-00961 Coverage Term: 5/1/2016—4/30/2017 Note: Year 1 4 SQLSvrStd ALNG SA MVL 4 $0.00 $0.00 Microsoft-Part#:228-04433 Coverage Term:5/1/2016—4/30/2017 Note: Year 1 5 SQLSvrStdCore ALNG SA MVL 2Lic CoreLic 18 $0.00 $0.00 Microsoft-Part#: 7NQ-00292 Coverage Term:5/1/2016—4/30/2017 Note:Year 1 6 WinSvrDataCtr ALNG SA MVL 2Proc 3 $168.00 $504.00 Microsoft-Part#: P71-07282 Coverage Term:5/1/2016—4/30/2017 Note: Year 1 7 WinSvrStd ALNG SA MVL 2Proc 2 $0.00 $0.00 Microsoft-Part#: P73-05898 Coverage Term: 5/1/2016—4/30/2017 Note: Year 1 Subtotal $32,274.00 Total $32,274.00 Additional Comments *Please email all quote requests to QuotesMN@SHI.com* *Please email all order requests to OrdersMN@SHl.com OR fax 732-564-8280* The Products offered under this proposal are subject to the SHl Return Policy posted at www.shi.com/returnpolicy, unless there is an existing agreement between SHl and the Customer. Pricing Proposal Quotation#: 11253108 Reference#: 6363666 Created On: 3/21/2016 Valid Until: 3/31/2016 City of Eden Prairie MN Inside Account Manager Aditi Salunke Patrick Widdoss 8080 MITCHELL ROAD 290 Davidson Ave ATTN:ACCOUNTS PAYABLE Somerset, NJ 08873 EDEN PRAIRIE,MN 55344 Phone:732-564-8676 United States Fax: 732-564-8676 Phone: (952)949-8520 Email: Patrick_Widdoss@shi.com Fax: Email: asalunke@edenprairie.org All Prices are in US Dollar(USD) Product Qty Your Price Total 1 OfficeProPlus ALNG SA MVL 350 $90.00 $31,500.00 Microsoft-Part#:269-05704 Coverage Term:5/1/2017—4/30/2018 Note: Year 2 2 ExchgSvrStd ALNG LicSAPk MVL 1 $270.00 $270.00 Microsoft-Part#: 312-02177 Coverage Term: 5/1/2017—4/30/2018 Note: Year 2 3 SQLCAL ALNG SA MVL UsrCAL 13 $5.68 $73.84 Microsoft-Part#: 359-00961 Coverage Term: 5/1/2017—4/30/2018 Note: Year 2 4 SQLSvrStd ALNG SA MVL 4 $25.00 $100.00 Microsoft-Part#:228-04433 Coverage Term:5/1/2017—4/30/2018 Note: Year 2 5 SQLSvrStdCore ALNG SA MVL 2Lic CoreLic 18 $98.00 $1,764.00 Microsoft-Part#: 7NQ-00292 Coverage Term:5/1/2017—4/30/2018 Note:Year 2 6 WinSvrDataCtrALNG SA MVL 2Proc 3 $1,005.00 $3,015.00 Microsoft-Part#: P71-07282 Coverage Term:5/1/2017—4/30/2018 Note: Year 2 7 WinSvrStd ALNG SA MVL 2Proc 2 $24.00 $48.00 Microsoft-Part#: P73-05898 Coverage Term: 5/1/2017—4/30/2018 Note: Year 2 Subtotal $36,770.84 Total $36,770.84 Additional Comments *Please email all quote requests to QuotesMN@SHI.com* *Please email all order requests to OrdersMN@SHl.com OR fax 732-564-8280* The Products offered under this proposal are subject to the SHl Return Policy posted at www.shi.com/returnpolicy, unless there is an existing agreement between SHl and the Customer. Pricing Proposal Quotation#: 11253112 Reference#: 6363666 Created On: 3/21/2016 Valid Until: 3/31/2016 City of Eden Prairie MN Inside Account Manager Aditi Salunke Patrick Widdoss 8080 MITCHELL ROAD 290 Davidson Ave ATTN:ACCOUNTS PAYABLE Somerset, NJ 08873 EDEN PRAIRIE,MN 55344 Phone:732-564-8676 United States Fax: 732-564-8676 Phone: (952)949-8520 Email: Patrick_Widdoss@shi.com Fax: Email: asalunke@edenprairie.org All Prices are in US Dollar(USD) Product Qty Your Price Total 1 OfficeProPlus ALNG SA MVL 350 $90.00 $31,500.00 Microsoft-Part#:269-05704 Coverage Term:5/1/2018—4/30/2019 Note: Year 3 2 ExchgSvrStd ALNG LicSAPk MVL 1 $270.00 $270.00 Microsoft-Part#: 312-02177 Coverage Term: 5/1/2018—4/30/2019 Note: Year 3 3 SQLCAL ALNG SA MVL UsrCAL 13 $35.00 $455.00 Microsoft-Part#: 359-00961 Coverage Term: 5/1/2018—4/30/2019 Note: Year 3 4 SQLSvrStd ALNG SA MVL 4 $147.00 $588.00 Microsoft-Part#:228-04433 Coverage Term:5/1/2018—4/30/2019 Note: Year 3 5 SQLSvrStdCore ALNG SA MVL 2Lic CoreLic 18 $585.00 $10,530.00 Microsoft-Part#: 7NQ-00292 Coverage Term:5/1/2018—4/30/2019 Note:Year 3 6 WinSvrDataCtrALNG SA MVL 2Proc 3 $1,005.00 $3,015.00 Microsoft-Part#: P71-07282 Coverage Term:5/1/2018—4/30/2019 Note: Year 3 7 WinSvrStd ALNG SA MVL 2Proc 2 $144.00 $288.00 Microsoft-Part#: P73-05898 Coverage Term: 5/1/2018—4/30/2019 Note: Year 3 Subtotal $46,646.00 Total $46,646.00 Additional Comments *Please email all quote requests to QuotesMN@SHI.com* *Please email all order requests to OrdersMN@SHl.com OR fax 732-564-8280* The Products offered under this proposal are subject to the SHl Return Policy posted at www.shi.com/returnpolicy, unless there is an existing agreement between SHl and the Customer. MIL Microsoft Volume Licensing Enterprise Enrollment State and Local Enterprise Enrollment number Framework ID (Microsoft to complete) (if applicable) Previous Enrollment number 6363666 (Reseller to complete) This Enrollment must be attached to a signature form to be valid. This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form. This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) any supplemental contact information form or Previous Agreement/Enrollment form that may be required, (5) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement. All terms used but not defined are located at http://www.microsoft.com/licensinq/contracts. In the event of any conflict the terms of this Agreement control. Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to "anniversary date" refers to the anniversary of the effective date each year this Enrollment is in effect. Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term. If the Enrollment is renewed, the renewal term will expire 36 full calendar months after the effective date of the renewal term. Any reference in this Enrollment to "day" will be a calendar day. Terms and Conditions 1. Definitions. Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The following definitions are used in this Enrollment: "Additional Product" means any Product identified as such in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. "Community" means the community consisting of one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject to Government regulations for which Customer determines and Microsoft agrees that the use of Government Community Cloud Services is appropriate to meet Customer's regulatory requirements. EA2015EnrGov(US)SLG(ENG)(Aug2015) Page 1 of 10 Document X20-12057 Membership in the Community is ultimately at Microsoft's discretion, which may vary by Government Community Cloud Service. "Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. "Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this program. "Expiration Date" means the date upon which the Enrollment expires. "Federal Agency" means a bureau, office, agency, department or other entity of the United States Government. "Government" means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity. "Government Community Cloud Services" means Microsoft Online Services that are provisioned in Microsoft's multi-tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms. "Industry Device" (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi-function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task-specific software program (e.g. a computer-aided design program used by an architect or a point of sale program) ("Industry Program"). The device may include features and functions derived from Microsoft software or third-party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. "Managed Device" means any device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms. "Qualified Device" means any device that is used by or for the benefit of Enrolled Affiliate's Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access a virtual desktop infrastructure ("VDI"). Qualified Devices do not include any device that is: (1) designated as a server and not used as a personal computer, (2) an Industry Device, (3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate's Enterprise as a Qualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affiliate has selected. "Qualified User" means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access License or any Enterprise Online Service. It does not include a person who accesses server software or an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms. "Reseller" means an entity authorized by Microsoft to resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- and post-transaction assistance related to this agreement; EA2015EnrGov(US)SLG(ENG)(Aug2015) Page 2 of 10 Document X20-12057 "Reserved License" means for an Online Service identified as eligible for true-ups in the Product Terms, the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service available for activation. "State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer's state and located within Customer's state's jurisdiction and geographic boundaries. "Tribal Entity" means a federally-recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe. "Use Rights" means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site. The Use Rights supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a Product. The Use Rights for Software are published by Microsoft in the Product Terms. The Use Rights for Online Services are published in the Online Services Terms. "Volume Licensing Site" means http://www.microsoft.com/licensing/contracts or a successor site. 2. Order requirements. a. Minimum Order requirements. Enrolled Affiliate's Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services. (i) Enterprise Commitment. Enrolled Affiliate must order enough Licenses to cover all Qualified Users or Qualified Devices, depending on the License Type, with one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services (as long as all Qualified Devices not covered by a License are only used by users covered with a user License). (ii) Enterprise Online Services only. If no Enterprise Product is ordered, , then Enrolled Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online Services. b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products and Services. c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate's use of that Product during that term. d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used on its initial order and on any additional orders. e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the Reseller based on those terms. Throughout this Agreement the term "price" refers to reference price. Resellers and other third parties do not have authority to bind or impose any obligation or liability on Microsoft. f. Adding Products. (i) Adding new Products not previously ordered. New Enterprise Products or Enterprise Online Services may be added at any time by contacting a Microsoft Account Manager or Reseller. New Additional Products, other than Online Services, may be used if an order EA2015EnrGov(US)SLG(ENG)(Aug2015) Page 3 of 10 Document X20-12057 is placed in the month the Product is first used. For Additional Products that are Online Services, an initial order for the Online Service is required prior to use. (ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true-up order. Additional Licenses for Online Services must be ordered prior to use, unless the Online Services are (1) identified as eligible for true-up in the Product Terms or(2) included as part of other Licenses. g. True-up requirements. Enrolled Affiliate must submit an annual true-up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true-up order. (i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user-based Licenses) at the time the true-up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services. (ii) Additional Products. For Additional Products that have been previously ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true-up order, or the prior anniversary date and submit a true-up order that accounts for any increase. (iii) Online Services. For Online Services identified as eligible for true-up in the Product Terms, Enrolled Affiliate may reserve the additional Licenses prior to use and payment may be deferred until the next true-up order. Microsoft will provide a report of Reserved Licenses in excess of existing orders to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retroactively to the month in which they were reserved. (iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows: 1) For Subscription Licenses that are part of an Enterprise-wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices and Qualified Users (if ordering user-based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devices and Qualified Users added in any prior true-up orders. Step-up Licenses do not count towards this total count. iphar41.1;V• 2) For Enterprise Online Services that are not a part of an Enterprise-wide purchase, Licenses can be reduced as long as the initial order minimum requirements are maintained. 3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate's use of the applicable Subscription License will be cancelled. Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true-up order Enrollment anniversary date and effective as of such date. (v) Update statement. An update statement must be submitted instead of a true-up order if, since the initial order or last true-up order, Enrolled Affiliate's Enterprise: (1) has not changed the number of Qualified Devices and Qualified Users licensed with Enterprise Products or Enterprise Online Services; and (2) has not increased its usage of Additional Products. This update statement must be signed by Enrolled Affiliate's authorized representative. (vi) True-up order period. The true-up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third- year true-up order or update statement is due within 30 days prior to the Expiration Date, EA2015EnrGov(US)SLG(ENG)(Aug2015) Page 4 of 10 Document X20-12057 and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate may submit true-up orders more often to account for increases in Product usage, but an annual true-up order or update statement must still be submitted during the annual order period. (vii)Late true-up order. If the true-up order or update statement is not received when due: 1) Microsoft will invoice Reseller for all Reserved Licenses not previously ordered and 2) Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows: (i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true-up process. (ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled "Adding new Products not previously ordered," then for additional step-up Licenses, by following the true-up order process. i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Enterprise Agreement. L *3. Pricing. F ..••... a. Price Levels. For both the initial and any renewal term Enrolled Affiliate's Price Level for all Products ordered under this Enrollment will be Level "D" throughout the term of the Enrollment. b. Setting Prices. Enrolled Affiliate's prices for each Product or Service will be established by its Reseller. As long as Enrolled Affiliate continues to qualify for the same price level, WWI' Microsoft's prices for Resellers for each Product or Service will be fixed throughout the applicable initial or renewal Enrollment term. Price levels and Microsoft's prices to Resellers are reestablished at the beginning of the renewal term. However, if Enrolled Affiliate qualifies for a different price level during the applicable initial or renewal term, Microsoft may at its discretion establish a new price level for future new orders either upon Enrolled Affiliate's request or on its own initiative. Any changes will be based upon price level rules in the Product Selection Form. 4. Payment terms. For the initial or renewal order, Enrolled Affiliate may pay upfront or elect to spread its payments over the applicable Enrollment term. If an upfront payment is elected, Microsoft will invoice Enrolled Affiliate's Reseller in full upon acceptance of this Enrollment. If spread payments are elected, unless indicated otherwise, Microsoft will invoice Enrolled Affiliate's Reseller in three equal annual installments. The first installment will be invoiced upon Microsoft's acceptance of this Enrollment and on each Enrollment anniversary date. Subsequent orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront for all other Licenses. EA2015EnrGov(US)SLG(ENG)(Aug2015) Page 5 of 10 Document X20-12057 5. End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. b. Renewal Option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing the Enrollment for one additional 36 full calendar month term or signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. The renewal term will start on the day following the Expiration Date. Microsoft will not unreasonably reject any renewal. Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew. (i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term. 1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term feature that allows Online Services to continue month-to-month ("Extended Term") is available. During the Extended Term, Online Services will be invoiced monthly at the then-current published price for Enrolled Affiliate's price level as of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled Affiliate does want an Extended Term, Reseller must submit a request to Microsoft. Microsoft must receive the request not less than 30 days prior to the Expiration Date. 2) Cancellation during Extended Term. If Enrolled Affiliate has opted for the Extended Term and later determines not to continue with the Extended Term, Reseller must submit a notice of cancellation for each Online Service. Cancellation will be effective at the end of the month following 30 days after Microsoft has received the notice. (iii) Subscription Licenses and Online Services not eligible for an Extended Term. If Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as of the Expiration Date. Any associated media must be uninstalled and destroyed and Enrolled Affiliate's Enterprise must discontinue use. Microsoft may request written certification to verify compliance. d. Termination for cause. Any termination for cause of this Enrollment will be subject to the "Termination for cause" section of the Agreement. In addition, it shall be a breach of this Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government Community Cloud Services fails to meet and maintain the conditions of membership in the definition of Community. e. Early termination. Any Early termination of this Enrollment will be subject to the "Early Termination" Section of the Enterprise Agreement. For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination. 6. Government Community Cloud. a. Community requirements. If Enrolled Affiliate purchases Government Community EA2015EnrGov(US)SLG(ENG)(Aug2015) Page 6 of 10 Document X20-12057 Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non-Community members is strictly prohibited and could result in termination of Enrolled Affiliate's license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non-Government Community Cloud Services also apply to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment. c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non-Government Community Cloud Services in the same domain. d. Use Rights for Government Community Cloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights: (i) Government Community Cloud Services will be offered only within the United States. (ii) Additional European Terms, as set forth in the Use Rights, will not apply. (iii) References to geographic areas in the Use Rights with respect to the location of Customer Data at rest, as set forth in the Use Rights, refer only to the United States. ; • j1141 II-. • • it � 7Lr . ' • • •� �:• • • ti EA2015EnrGov(US)SLG(ENG)(Aug2015) Page 7 of 10 Document X20-12057 Enrollment Details 1. Enrolled Affiliate's Enterprise. a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate's Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities. Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates: ® Enrolled Affiliate only ❑ Enrolled Affiliate and all Affiliates ❑ Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included if fewer than all Affiliates are to be included in the Enterprise): .ti El Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded:viorerir. • +-• A),• • 1 r J yy r 1 ti 1. -� b. Please indicate whether the Enrolled Affiliate's Enterprise will include all new Affiliates acquired after the start of this Enrollment: Exclude future Affiliates 2. Contact information. Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at https://www.microsoft.com/licensinq/servicecenter. a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled Affiliate's Enterprise. This contact is also an Online Administrator for the Volume Licensing Service Center and may grant online access to others. The primary contact will be the default contact for all purposes unless separate contacts are identified for specific purposes Name of entity(must be legal entity name)* City of Eden Prairie Contact name* First Aditi Last Salunke Contact email address*asalunke@edenprairie.org Street address*8080 Mitchell Road City* Eden Prairie EA2015EnrGov(US)SLG(ENG)(Aug2015) Page 8 of 10 Document X20-12057 State/Province* MN Postal code* 55344-2203 (For U.S. addresses, please provide the zip +4, e.g. xxxxx-xxxx) Country* USA Phone*952-949-8520 Tax ID *indicates required fields b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized for applicable Online Services to add or reassign Licenses and step-up prior to a true-up order. ® Same as primary contact (default if no information is provided below, even if the box is not checked). Contact name* First Last Contact email address* Street address* City* State/Province* Postal code* - (For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx) Country* Phone* Language preference. Choose the language for notices. English ❑ This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. *indicates required fields c. Online Services Manager. This contact is authorized to manage the Online Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses and step-up prior to a true-up order. ® Same as notices contact and Online Administrator (default if no information is provided below, even if box is not checked) Contact name*: First Last O'er Contact email address* Phone* ❑ This contact is from a third party organization (not the entity). Warning: This contact receives personally identifiable information of the entity. *indicates required fields d. Reseller information. Reseller contact for this Enrollment is: Reseller company name* SHI International Corp. Street address (PO boxes will not be accepted)*290 Davidson Ave City* Somerset State/Province* NJ Postal code* 08873 Country* USA Contact name* Phone*888-764-8888 Contact email address* msteam@shi.com *indicates required fields EA2015EnrGov(US)SLG(ENG)(Aug2015) Page 9 of 10 Document X20-12057 By signing below, the Reseller identified above confirms that all information provided in this Enrollment is correct. Signature* Printed name* Printed title* Date* *indicates required fields Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default. (i) Additional notices contact . ::_. (ii) Software Assurance manager e.- ` (iii) Subscriptions manager (iv) Customer Support Manager(CSM) contact% ••- 3. Financing elections. KatiL Is a purchase under this Enrollment being financed through MS Financing? ❑ Yes, ® No. If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microsoft. EA2015EnrGov(US)SLG(ENG)(Aug2015) Page 10 of 10 Document X20-12057 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.Q. Jay Lotthammer, Director, Updates to Policy—Guidelines for Parks and Recreation Community Use of Parks and Recreation Rental Facilities Requested Action Move to: Approve updates to the Policy—Guidelines for Community Use of Parks and Recreation Rental Facilities. Synopsis Staff has recently reviewed the attached policies to insure conformance with current operating procedures along with the practical application of the policies. The proposed changes and modifications are shown in red. The changes were presented at the January 2016 Parks, Recreation and Natural Resources Commission meeting. Commission members had an opportunity to read the information and a more detailed discussion occurred at the February commission meeting. Attachment Draft- Guidelines for Community Use of Parks and Recreation Rental Facilities POLICY GUIDELINES FOR COMMUNITY USE OF PARKS AND RECREATION RENTAL FACILITIES UPDATED—April 5, 2016 City facilities are operated by the City of Eden Prairie under the following policies and guidelines adopted by the Eden Prairie City Council on September 19, 2006. The Council recognizes the value of these facilities being available to serve Eden Prairie residents, civic and religious groups, and businesses. PURPOSE AND INTENT The intent of this policy is to promote regular and active use of the facilities. It outlines scheduling procedures, rental classification, charges, and sets rules and regulations for use of the facilities. Charges and/or user fees are based on staffing, set-up, and maintenance costs, as well as market rates for similar facilities. The City of Eden Prairie does not discriminate on the basis of race, color,religion, national origin, gender, age, marital status, sexual orientation, status with regard to public assistance, or disability in the admission or access to programs, services, activities, or employment. 1. Rental Classifications Eden Prairie City Government: Any activity related to or benefitting the operations of Eden Prairie's City Government including, but not limited to, City Council, Board and Commission meetings, City sponsored or hosted programs, events and public meetings. Group 1: Eden Prairie Civic/Non-Profit Agencies: Includes Eden Prairie School District, Eden Prairie Youth Athletic Associations, PROP, SW Metro Transit, SW Suburban Cable and Eden Prairie—based religious organizations. A civic, non-profit or resident group is considered as Eden Prairie-based if it has at least 75% of its membership roster residing in the City(as in the case of Eden Prairie Homeowner/ Townhome Associations). Group 2: Eden Prairie Residents and Businesses: Eden Prairie-based businesses and commercial organizations and Eden Prairie residents who wish to use the facilities for personal use. (Documented proof may be requested) Group 3: Non-Eden Prairie Residents/Businesses/Groups: Non-resident individuals, groups, commercial, and business organizations (including non-profit), as well as state & county-related committees, including Minnesota's federal and state representatives and political groups (League of Women Voters, Town Hall meetings,political conventions, etc.). (Limited to rentals at Eden Prairie Community Center and Senior Center) Policy— Community Use of Parks & Recreation Rental Facilities Page 2 of 13 NOTE: Eden Prairie residents and businesses may NOT make reservations for non- Eden Prairie based residents and businesses under the Group 2 rate. 2. Rental Facilities Park Pavilions &Buildings -Round Lake Park Pavilion, Homeward Hills Park Barn*, Round Lake Park Building*, Staring Lake Park Building*, Miller Park Building*, Crestwood Park Building*,Nesbitt-Preserve Park Building*, Prairie View Park Building*, Edenvale Park Building*, Forest Hills Park Building*, Riley Lake Pavilion, Riley-Jacques Barn, and Purgatory Creek Park Lambert Pavilion. Warming Houses - Park buildings* located throughout the City and used for ice skating and sledding activities from December 15 through March 1. * Denotes facilities utilized as warming houses. Amphitheatre - located at Staring Lake Park Community Center- ice arenas, racquetball courts, swimming pool, meeting rooms, gym, play structure, dry land training areas, and play structure. Senior Center- community room and meeting rooms Outdoor Athletic Facilities -volleyball courts,basketball courts, softball/baseball fields, soccer/football/lacrosse fields, tennis and pickleball courts. These park amenities are available on a first-come, first-served basis,unless they are being used for a City program or have been reserved. Outdoor athletic facilities are available for rent along with a park pavilion/building rental, for a fee. See the separate document"Guidelines for Priority Use of Public Facilities" for rental details. Trail System- for walks and/or runs. Rental of a park building or pavilion is required to hold a walk and/or run. Walks and/or runs beyond the park property will require approval from other departments. Walks and/or runs do not have exclusive use of trails or streets,unless required for safety purposes. In cases of exclusive use, signage and/or additional staff/volunteers may be required, at the discretion of the Parks and Recreation Director. Non-Typical Park Locations—such as, but not limited to, parking lots, sun shelters, picnic areas, open fields, dog parks, disc golf, hockey rinks in the summer, splash pad, archery range, skate park, etc. These locations cannot be rented for exclusive use. See Large Group Use. 3. Hours of Operation City park hours are 6 a.m. to 10 p.m., daily; with the exception of Miller and Round Lake Park that may remain open until 10:30 p.m. during the summer. Rental use beyond these hours requires the approval of the Parks and Recreation Director. Policy— Community Use of Parks & Recreation Rental Facilities Page 3 of 13 The Community Center is open from 5:30 a.m. to 10 p.m., daily during the school year; summer hours may vary. The Senior Center business hours are from 8:30 a.m. to 4 p.m., Monday through Friday. The Senior Center is reserved for Senior and City program use during this time. The Senior Center may be available for rent, for other uses, on weekday evenings and weekends. Warming houses are available for rent during non-public ice skating/sledding hours only, unless using the upper level of Homeward Hills Park Barn. 4. General Information Rental of a facility does not allow for exclusive access of other park amenities (ballfields, tennis courts, playground, public bathrooms, etc.). Eden Prairie City Government Group meetings, events, and activities have priority. All other rental scheduling will be on a first-come, first-served basis; with special reservation guidelines pertaining to walks and/or runs. Non-resident groups may rent at the Community Center and Senior Center only. No person who has not attained the age of 21 years shall be allowed to rent a facility. A minimum notice of 3 business days is required for rental of a facility. Senior Center reservations require advance notice of 14 days. User groups are not allowed to reserve City facilities on a continuing basis (i.e. daily, weekly, monthly) without the approval of the Director of Parks and Recreation. The City reserves the right to restrict the number of dates an individual or group may reserve. This is to ensure the availability of facilities to all user groups. If deemed necessary, the City reserves the right to substitute a meeting room or facility other than that stated or requested, in order to minimize conflicts of compatibility, space, and scheduling. Rentals are subject to maximum group size and availability. Rental hours shall be calculated from the time the renter enters the space until the time of departure. User groups must adhere to the hours requested and approved on the facility use contract. At some locations, a half-day rental fee versus a full-day rental fee shall be determined by City staff, and not by the number of hours renting a facility. A half- day rental fee will be applied if it is reasonable, in the Parks and Recreation Director's discretion, to assume the facility will be available for rental by another renter for the remainder of the day. Policy— Community Use of Parks & Recreation Rental Facilities Page 4 of 13 Groups renting facilities shall comply with the Equal Opportunity Statutes, and not discriminate on the basis of race, color, religion, national origin, gender, age, marital status, sexual orientation, status with regard to public assistance, or disability. 5. Scheduling A. Pavilions, Buildings, and Amphitheatre Groups or individuals desiring to use a park pavilion/building shall make arrangements through the Park Facility Scheduler. Reservations will be accepted in the first week of January; with the exceptions of Homeward Hills Park Barn and Riley Lake Barn (refer to C and D). B. Warming House Some park facilities are used as warming houses from December 15 through March 1. They are not available for rental use during public ice skating/sledding hours, except for the upper level of Homeward Hills. Groups or individuals desiring to use a Warming House shall make arrangements through the Warming House Scheduler. C. Homeward Hills Park Barn Groups or individuals desiring to use the Homeward Hills Park Barn shall make arrangements through the Park Facility Scheduler. The Homeward Hills Park Barn is available for rental year-round. During public ice skating, rentals may occur in the upper level. It may be scheduled for rental on the first business day according to the following timetable: Reservations Accepted Months Available First Business Day of January April - October August 1 November—March of following year D. Riley-Jacques Barn Groups or individuals desiring to use the Riley-Jacques Barn shall make arrangements through the Park Facility Scheduler. The Riley-Jacques Barn is available for rental use from the first day of May through the end of October. It may be scheduled for rental on the first business day in November for the following year. Policy— Community Use of Parks & Recreation Rental Facilities Page 5 of 13 E. Community Center Groups or individuals desiring to use the Community Center shall make arrangements through the Community Center facility scheduler. See Community Center Rental Guidelines for rental details. F. Senior Center Groups or individuals desiring to use the Senior Center shall make arrangements through the Senior Center staff. Senior Center reservations require a two week advance notice. The Senior Center may be scheduled three months in advance. G. Outdoor Athletic Facilities Groups or individuals desiring to use an outdoor athletic facility shall make arrangements through the Athletic Facility Scheduler. See the separate document"Guidelines for Priority Use of Public Facilities" for rental details. H. Walks and/or Runs Groups 1 and 2 may request a walk and/or run with the Park Facility Scheduler no earlier than the first business day of the calendar year in which they wish to hold the event. Group 2 may request a walk and/or run no earlier than two weeks after the first business day of the calendar year. The walks and/or runs offered by Groups 1 and 2 will be limited to two per month,per park area. If the event uses multiple sites or a major portion of any roadway or park facility, the number and size of various events might be limited further. Any advertising and or promotion of the walk and/or run on park property must be reviewed by the Park Facility Scheduler prior to publishing to insure conformance to the approved permit. The City must be included in the indemnification clause signed by the participants in the event. 6. Rental Fee The rental fee is required for all chargeable rentals. Reservations are confirmed only when full payment is made. 7. Damage Deposit An appropriate damage deposit, in addition to the rental fee, may be required. The damage deposit is required at the same time the rental fee check is submitted. This Policy— Community Use of Parks & Recreation Rental Facilities Page 6 of 13 deposit shall be destroyed within one (1)week after the rental date if no deductions are necessary. No damage deposit is required for approved reoccurring rentals. Failure to comply with this Policy may result in loss of damage deposit. 8. Special User Fee In some instances, a special user fee may be required. This fee will be applied to cover unusual anticipated expenses, such as excessive cleanup, unusual setup, excess electricity, and/or damages associated with the user's program, event, general use or decorations. The special user fee must be paid at the time the rental fee payment is made and will be held until it is determined by the City if any or all of the fee was required. Any remaining balance will be returned to the renter. There may be a special user fee for large events requiring a special event checklist or rentals requiring additional portable toilets or additional police or security measures. Walks and/or runs will be charged a special user fee based on the anticipated or actual attendance. A special user fee is applied to groups with specialized equipment or activities such as dunk tanks, inflatables, moon walks, etc. User groups may be required to pay a special user fee when they provide amplified sound. User groups will be required to pay a special user fee for the City's Sound Technician to operate the City's sound system and/or the user group's sound system. The City's Sound Technician is required for any musical event with amplified sound at the amphitheatre. User groups must receive prior approval for additional electrical use, additional lighting, etc. An additional fee may be associated with these requested facility use items. 9. Special Event Checklist Any event or activity that may require the assistance of more than one City department or may extend beyond the park boundaries is required to complete a Special Event Checklist with the Licensing Clerk at the Eden Prairie Police Department. Special event authorization will only be approved if proper accommodations can be made (such as: additional parking, transportation to the site, additional toilets, additional police officers or security measures). Policy— Community Use of Parks & Recreation Rental Facilities Page 7of13 A special user fee may apply. Renter may be required to apply for permits through the Eden Prairie Police Department. 10. Cancellation Policy The City reserves the right to cancel any reservation. In case of cancellation by the City, reservation fees will be returned accordingly. The rental fee is refundable if cancellation notice is received no less than 10 days prior to the date of the scheduled event. 11. Liability and Damage Rental groups using facilities will be required to sign a waiver of liability on the contract form. A Certificate of Insurance is required to cover the use of specialized equipment, walks/runs, or special events open to the public. The City will not assume liability for loss or damage to property belonging to an organization or group. Any organization, group, or individual reserving space shall be fully responsible for any damage to that space or equipment and any unlawful acts associated with the user's program or event. Any damages to facilities or equipment must be reported immediately. Costs associated with the damage will be deducted from the damage deposit; additional charges may apply. The City reserves the right to cancel future reservations. 12. Regulations Violations of this Policy may result in forfeiture of a user's damage deposit and denial of future use of City facilities; however, that does not exempt violators from possible prosecution under applicable City ordinances, State, or Federal laws. City facilities and parks are smoke free. Use of tobacco products is prohibited as stated in City Ordinance 9.42. The City reserves the right to terminate a rental contract for City code violations. Meetings and activities must be confined to the area(s) reserved. Other meetings and activities may take place at the same time in other rooms. Groups are expected to have respect for each other's space. Disorderly conduct shall be grounds for immediate termination of the activity/event without refund. This will be determined by City staff or a police officer. Policy— Community Use of Parks & Recreation Rental Facilities Page 8 of 13 A. Supervision Youth using facilities must be under competent adult(minimum age of 21 years old) leadership and supervision. The renter shall assume full responsibility for the group's conduct and/or the conduct of any member or guest of the group, and for any damage to the facilities, buildings, or equipment. Children must be kept confined to the reserved area of the user group. The City will not assume liability for unsupervised children. The City will be reimbursed by user/renter/group for any costs incurred due to damages or additional cleaning. Youth groups shall be chaperoned on a ratio of one adult (minimum age of 21 years old) for each ten(10) or fewer youths under the age of 18. The number of youth attending and the names of the chaperones may be requested by the staff. If the general public is invited, City staff shall determine the number of chaperones needed. If deemed necessary due to the type of function or activity, the City reserves the right to assign an attendant and/or police officer for a user group. The cost of such will be paid by the user group. A building attendant is required to be on site at all times for community use of the Senior Center and non-regular hours of the Community Center. The building attendant will assist with set up and take down as required, and perform general clean up as needed. A building attendant is required to be on site for warming house rentals. At all park pavilion/building locations, a park attendant will meet the renter at the specified rental beginning time and will come back at the specified ending rental time. The renter is responsible for the rental facility during this rental time, and shall be on site during this rental time. Enclosed buildings will be unlocked at the beginning rental time and locked at the ending rental time. The renter shall not leave the building unattended during the rental time. B. Park Pavilion/Building Cleaning Rented space and common areas must be left in the same or better state of cleanliness as when renter arrived. Park Attendant shall determine the appropriate level of cleanliness. If additional staff time, beyond that necessary for normal cleaning, is required to clean the facility, an additional charge for personnel and cleaning supplies will be deducted from the damage deposit. User groups are responsible for the basic clean up and bagging of trash. All chairs or tables used must be taken down and put away. Policy— Community Use of Parks & Recreation Rental Facilities Page 9 of 13 C. Parking Parking is available in designated parking areas. Groups that underestimate their number of guests may not have adequate parking. No parking on grass. No driving on trails or plaza. D. Admission Fee User groups are not allowed to charge an admission fee without the approval of the City Council. See Section XV., of this Policy. E. Specialized Equipment or Activities Cooking devices suitable for pig roasts are allowed but must remain in the parking lot or designated area. Dunk tanks, inflatables, etc. are allowed at designated areas. A Certificate of Insurance is required. A special user fee is required. Hayrides or sleigh rides are not permitted by rental groups. F. Animals Rental groups are not permitted to have non-domesticated animals, including, but not limited to horses, on City property. G. Fireworks/Open Fires Rental groups are not permitted to have fireworks. Rental groups are not permitted to have fires, fire in fire pits, sky lanterns, sparklers, or any open flame. H. Large Group Use Resident groups with 20 or more are required to have a rental of a facility or a large group use permit before using a park facility. 13. Food Service Food or beverages may not be sold without prior approval. Food sales must comply with the Hennepin County Health Department regulations of having a food service permit. No food or beverage may be left behind at any facility. Policy—Community Use of Parks & Recreation Rental Facilities Page 10 of 13 Where available, kitchens may not be used for commercial use (fundraising). A. Parks, Shelters, Rented Activity Buildings Food and beverages (alcoholic included) are permitted at all locations. Catering services are permitted at all locations. Outdoor grills are available at some park locations, charcoal is not provided. Charcoal grills or gas grills may be brought into the park and used in a safe manner on a hard, flat surface. All charcoal must be removed from the park; safe charcoal disposal sites are not available at the parks. Propane tanks or cylinders shall not be disposed of on park/City property. Groups must provide their own kitchen supplies (towels, paper products, utensils, etc.) and condiments. B. Senior Center Food and beverages (alcoholic included) are permitted. Heating of pre-prepared food is permitted in the provided oven. Groups must provide their own kitchen supplies (towels, paper products, utensils, etc.) and condiments. C. Community Center(EPCC) All meals, food and beverages for events and banquets must be contracted through a Community Center pre-approved caterer or through the Community Center concessions. Groups may be able to bring outside snacks or beverages upon receiving pre-approval from the Community Center. No on-site preparation allowed. No freezer or refrigeration available. Groups must provide their own kitchen supplies (towels, paper products, utensils, etc.) and condiments. 14. Alcoholic Beverages Alcoholic beverages are permitted at City facilities, EXCEPT at Eden Prairie City property adjacent to a school (with the exception of the Eden Prairie Community Center when served by a licensed vendor), Flying Cloud Fields, and Round Lake fields north of Valley View Road. Policy—Community Use of Parks & Recreation Rental Facilities Page 11 of 13 Alcoholic beverages may be given by a host to the host's guests at a social event, provided that the host may not sell or engage in a sale of such beverages to the guests without proper liquor licensing. No glass containers permitted within an outdoor park. Prior notice to, and approval of, the Parks and Recreation Director are required of any group/or user intending to have a keg or kegs of beer on site. Alcoholic beverages may be dispensed to persons attending a convention, banquet, conference, meeting or social affair,by the holder of a retail, on-sale intoxicating liquor license issued by the City of Eden Prairie Eden Prairie or an adjacent municipality who has been engaged to dispense intoxicating liquor, at an event held by a person or organization. Alcoholic beverages may be dispensed by an organization which holds an intoxicating on-sale license for the on-sale intoxicating liquor to members and bona fide guests. City Staff reserves the right require a police officer on site at the event. 15. Fundraising Groups 1 and 2 may conduct fundraising activities at City facilities. Fundraising activities include,but are not limited to: selling articles on site, advanced ticket sales, walks and/or runs or any other means of collecting monies for a particular purpose or group. The City will allow City facilities to be used for limited fundraising activities to support Eden Prairie based organizations with pre-approval by the Director of Parks and Recreation. At the discretion of the City, any group conducting a fundraiser will be charged a pre-determined fee by the City to cover costs of set up, maintenance, cleaning and security of the areas utilized for the event. A. Charitable Gambling Activities Renters conducting activities involving licensed charitable gambling(not a licensed gaming company) must provide proof of compliance with State gaming requirements and receive City Council approval. Requests must come before the City Council through the Parks and Recreation Department at least 45 days prior to the event date. B. Walks and/or Runs Groups 1 and 2 may request a walk and/or run with the Park Facility Scheduler no earlier than the first business day of the calendar year in which they wish to hold the event. Policy—Community Use of Parks & Recreation Rental Facilities Page 12 of 13 The walks and/or runs offered by Groups 1 & 2, will be limited to two per month,per park area. If the event uses multiple sites or a major portion of any roadway, the number and size of various events might be further limited. Any advertising and/or promotion of the walk and/or run on park property must be reviewed by the Parks and Recreation Department prior to publishing to ensure conformance with the approved permit. The City must be included in the indemnification clause signed by the participants in the event. Rental of the park building or pavilion is required to hold a walk and/or run. Walks and/or runs will be charged a special user fee based on the anticipated or actual attendance. A special event checklist will need to be completed with the licensing clerk at the Eden Prairie Police Department. 16. Decorations Failure to comply with decoration policy may result in loss of damage deposit. A decoration plan and installation methods must be pre-approved by City staff. The City reserves the right to remove all decorations which do not meet a pre- approved plan. All decorating time must be included in the rental hours. No double-sided tape or Scotch tape shall be used in decorating. Use poster putty, removable blue painter's tape or removable poster tape only on flat painted walls or tables. No tape shall be used on the ceiling. No nails shall be used in decorating. No staples or tacks on flat painted walls or tables shall be used in decorating. No lit candles or open flame shall be used in decorating. No banners, streamers, balloons, or signs may be attached to any facility structure or landscaping without prior approval by City staff Any pre-approved attachments must be removed by the group using the facility immediately after the reservation period. No rice, confetti, chalk, or birdseed shall be used in activities or decorating. 17. Tents and other Props Tents or other structures with stakes,tarps, or any part or portion thereof attached to the facility are prohibited. Policy—Community Use of Parks & Recreation Rental Facilities Page 13 of 13 Free-standing canopy tents are permitted with prior approval. Stakes cannot be driven into the grounds, so tents must be secured with sandbags or weights. Any tables, chairs, dance floor, staging, free standing canopy tents, or other props brought in from other sources will not be stored in City facilities; shall be brought in only during rental hours; and must be removed from the facility at the end of the rental time. 18. Amplified Sound Sound Technician The City's Sound Technician is required for any musical event with amplified sound at the amphitheatre. The City's Sound Technician shall have complete supervisory control over the operation of the facility. Arrangements for equipment set up and take down must be made with this person. Access to the stage is for loading and unloading purposes only. The Sound Technician will determine what vehicles will have access to the stage for loading and unloading of equipment, etc. User groups will be required to pay a special user fee for the City's Sound Technician to operate the City's sound system and/or the user group's sound system. User groups using a sound amplification system will be required to have the sound monitored. The noise level will be monitored and controlled by the City staff equipped with a decibel level meter. The noise level will not be allowed above 70 decibels 100 feet from the source. Failure to comply with this restriction will result in loss of damage deposit and may result in suspension of electrical power. Approved by Eden Prairie City Council on September 19, 2006 Re-Adopted by Eden Prairie City Council on: February 12, 2008 March 4, 2008 November 17, 2009 February 5, 2013 April 5, 2016 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.R. Jay Lotthammer, Director, Updates to Policy—Guidelines for Priority Parks and Recreation Use of Public Facilities by Community Athletic Associations and Groups Requested Action Move to: Approve updates to the Policy—Guidelines for Priority Use of Public Facilities by Community Athletic Associations and Groups. Synopsis Staff has recently reviewed the attached policies to insure conformance with current operating procedures along with the practical application of the policies. The proposed changes and modifications are shown in red. The changes were presented at the January 2016 Parks, Recreation and Natural Resources Commission meeting. Commission members had an opportunity to read the information and a more detailed discussion occurred at the February commission meeting. Attachment Draft- Guidelines for Priority Use of Public Facilities by Community Athletic Associations and Groups POLICY GUIDELINES FOR PRIORITY USE OF PUBLIC FACILITIES BY COMMUNITY ATHLETIC ASSOCIATIONS AND GROUPS Updated: April 5, 2016 The following policy establishing guidelines for priority use of public facilities was initially approved by the City Council on April 1, 1997, and updated on November 1, 2004, and was developed from input received at a meeting of Eden Prairie Athletic Association representatives and the Parks, Recreation and Natural Resources Commission. PURPOSE AND INTENT: The purpose of this policy which establishes guidelines for the priority use of parks and facilities in the City of Eden Prairie is to provide for health, safety, and welfare of the public. It is the intent of this policy to grant priority use for exclusive or ongoing use of municipal park and recreation property to those organizations which operate programs under the same general guidelines which govern public programs operated by the Parks and Recreation Department. All organizations must be a "public service group" organized and open to all Eden Prairie residents and approved under Minnesota Statutes Chapter 317A as a Minnesota non-profit or a 501C, with its registered office located in Eden Prairie (hereinafter referred to as an"Eden Prairie non-profit corporation.") I. REQUIREMENTS OF ORGANIZATIONS THAT RECEIVE FREE OR PRIORITY USAGE RATES FOR LEAGUE USE OF PARK FACILITIES: Organizations which request special permits to offer ongoing programs on municipal property without paying a usage fee, or at priority usage rates, are required to comply with the following guidelines: 1. Organizations must be an "Eden Prairie public service, non-profit corporation". The non-profit corporation must be organized as a member corporation, where the members are entitled to elect the Board of Directors. The Articles of Incorporation or Bylaws must further provide that participation in the organization's programs is open to all Eden Prairie residents and that the organization shall offer equal opportunity for participation in the governance of the organization. "Public service group" is defined as a group organized to provide a public service to the entire community, or all individuals in the community within the age group being served. 2. Organizations are to deposit a copy of their articles of incorporation, certificate of incorporation, bylaws and any other documents which govern their operation at the Parks and Recreation Department. These documents Guidelines for Priority Use of Public Facilities April 5, 2016 Page 2 of 8 will be available for public review. A copy of the current IRS 990 or 1120 tax form will be provided to the City of Eden Prairie Parks and Recreation Department within 30 days of when it is provided to the IRS. A copy of the "Non-Profit Corporation Annual Registration" form that is submitted to the state must also be submitted each year. 3. Organizations are to make all information concerning the governance of their programs available to participants upon request. 4. All meetings of the organization's Board of Directors and any committees formed by the Board or the Articles of Incorporation or the Bylaws, except those which deal with personnel issues or litigation, are to be publicized in advance and open to participation to all members. 5. Head coaches working in youth sport organizations are to be trained and/or certified through a program approved by the Board of Directors of each organization. This training will address values, safety and liability. 6. Organizations are to be adequately prepared for dealing with participants that have special economic,physical or social needs. 7. Organizations shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any member of participant in its program. The organization shall comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. Chapter 363.01, Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. II. REQUIREMENTS OF ORGANIZATIONS THAT ARE AUTHORIZED TO RECEIVE PERMITS TO HOLD TOURNAMENTS ON MUNICIPAL PARK PROPERTY: 1. Organizations must be a "public service group" organized under Minnesota Statutes Chapter 317A as a Minnesota non-profit with its registered office located in Eden Prairie. The non-profit corporation must be organized as a member corporation, where the members are entitled to elect the Board of Directors. "Public service group" is defined as a group organized to provide a public service to the entire community, or all individuals in the community within the age group being served. Guidelines for Priority Use of Public Facilities April 5, 2016 Page 3 of 8 III. REQUIREMENTS OF TEAMS NOT AFFILIATED WITH AN EDEN PRAIRIE TAX EXEMPT ORGANIZATION REQUESTING RESERVATION OF FIELD USAGE: 1. Team must be composed of a minimum of 50% Eden Prairie residents. 2. Field reservations will be limited to their home games only, or their team practices with a maximum of one time per week. 3. Fees will be based on direct costs to the City. 4. Permit required. IV. REQUIREMENTS OF GROUPS FOR SINGLE USE REQUESTS: Eden Prairie Cub Scout Groups,Eden Prairie Church Groups, Eden Prairie Neighborhood Groups, Eden Prairie Businesses 1. Organizations must be based in Eden Prairie. 2. Fees will be based on direct costs to the City. 3. Permit required. 4. Single use means one event for one facility. V. PRIORITIES: Organizations that meet the above-stated guidelines that are requesting special permits for single use or to offer ongoing programs on municipal property will be granted the opportunity based on the following use schedule, and within the adopted standards for number of uses per team: Priority I: City Programs (Examples: summer recreation programs, lesson programs, open swim, special events open to the entire community.) Priority II: School District 272 Programs (Examples: curriculum programs, interscholastic team practices, games, etc.) Priority III: Youth (18 and under) organizations that are Eden Prairie non-profit corporations that meet the following requirements: 1. The youth participants of the organization must be composed of 90% Eden Prairie residents. Eden Prairie residents are defined as individuals who live in Eden Prairie or who go to school in Eden Prairie. A non-resident who Guidelines for Priority Use of Public Facilities April 5, 2016 Page 4 of 8 does not attend Eden Prairie schools will pay a non-resident fee to be established by the City Council, and to be paid to the City of Eden Prairie. 2. At the start of each season the corporation shall file with the Director of Parks and Recreation the roster of youth participants that the corporation files with its State association, if the corporation has a state affiliation. An updated roster shall be filed with the City at the same time an updated roster is filed with the state association. Those corporations that do not have a State association will provide a roster to the City by a mutually-agreed date. The roster will be private information and will include the name and address of each youth participant. 3. The residency requirement for swim teams and figuring skating clubs is a minimum of 70% (effective January 1, 2006) Eden Prairie residents. 4. The club, team or organization that meets Priority III status and is the only club, team or organization providing a particular sport, will be provided access to fields, rinks, or pools for as many hours as they require to provide a quality program, subject to the limitations of available facilities. City of Eden Prairie Parks and Recreation Department staff will review requests from these organizations and attempt to provide a fair distribution of the facilities available. 5. If a club, team or organization provides a sport that is already offered, then the club, team or organization with highest number of Eden Prairie residents will have priority use of fields, rinks or pool hours for as many hours as they require, subject to the following limitations: If the club, team or organization with the second highest number of Eden Prairie residents has at least 30% of its total number of Eden Prairie resident participants, the City will provide at least 30% of the field, pool, or rink hours to that organization, including 30% of the prime-time hours as defined by the Park and Recreation Department. The exception to this is those sports where the number of Eden Prairie residents participating is less than 400; then the organization must have 40% of its total number be Eden Prairie residents. 6. It is recognized that travel teams require more field uses per participant than do of in-house teams and city staff will try to accommodate those needs, but not to the detriment of in-house programs. It is also recognized that all sports require a minimum number of hours of use per week, per participant to provide a quality program. This amount of time will vary from sport to sport and the goal of the City staff is to make Guidelines for Priority Use of Public Facilities April 5, 2016 Page 5 of 8 the most efficient use of the facilities available, which can best be achieved by limiting the number of associations, clubs or teams that provide a sport. Although the City will attempt to accommodate new sports to broaden the opportunities available to Eden Prairie residents, the City Staff will not encourage the development of competing athletic associations or clubs within the same sport. If City Staff determines that accommodation of a new competing organization will jeopardize the continued viability of an existing organization by not providing a sufficient number of facilities or hours of facility use for such organization, City Staff may deny a new organization access to facilities. 7. The organization shall be open to all Eden Prairie residents of qualified age. 8. The organization shall have an open process for parents to discuss concerns or recommend changes to the organization. 9. Teams are playing during the designated"primary season." Primary season for sports using fields is defined under Standards for Use of Public Facilities within this policy and prime time will be defined by the Parks and Recreation Department for various facilities and seasons. 10. Priority III teams who request or schedule a tournament, revenue-generating clinic, camp, or other non-league facility use on weekdays or weekends, will be charged a fee based on the Annual Fee Resolution approved by the City Council. 11. All clinics, camps, try-outs, etc. must have at least 51% Eden Prairie resident participants. Priority IV: Eden Prairie non-profit organizations who use the facilities to raise money for the benefit of the entire community. Applicable tournament fees apply. Priority V: Businesses and neighborhood groups located in Eden Prairie during the designated primary season as defined by the Standards for Use of Public Facilities. Applicable fees and guidelines will apply. Priority VI: Non-profit youth teams or organizations that have at least 75% but less than 90% Eden Prairie residents during the designated primary season as defined by the Standards for Use of Public Facilities. Applicable fees and guidelines apply. Guidelines for Priority Use of Public Facilities April 5, 2016 Page 6 of 8 Priority VII: Non profit adult teams or organizations that have at least 75% but less than 90% Eden Prairie residents during the designated primary season as defined by the Standards for Use of Public Facilities. Eden Prairie adult"residents" must either live or work in Eden Prairie. Applicable fees apply. Priority VIII: Private schools and churches located in Eden Prairie during the designated primary season as defined by the Standards for Use of Public Facilities. Applicable fees and guidelines will apply. Priority IX: All other Eden Prairie teams on a first-come, first-served basis after higher priority teams have had an opportunity to schedule each season. All teams must be composed of at least 50% Eden Prairie residents and requests must be made by an Eden Prairie resident. Eden Prairie adult "residents" must either live or work in Eden Prairie. Applicable fees and guidelines will apply. Team rosters must be submitted to the City of Eden Prairie prior to a reservation being granted. City may verify this roster with any league or tournament in which the team plays. VI. ADMINISTRATIVE PROCEDURES: 1. Fees will be subject to change each year depending on actual cost to provide the services requested. Fee changes will be reviewed with Association Representatives at the pre-season planning meeting. 2. The City will establish dates each year by which teams must submit requests for field reservation use in order to utilize their priority status. After that date fields or facilities will be reserved on a first-come, first- served basis. City will only authorize reservations with one field coordinator per organization. 3. If teams or organizations are at the same priority level, then the team or organization that serves the highest number of Eden Prairie residents will receive the higher priority status in terms of field, pool, rink, and court reservations, subject to the following limitations: If the club, team or organization with the second highest number of Eden Prairie residents has at least 30% of the total number of Eden Prairie resident participants, the City will provide at least 30% of the field, pool, or rink hours to that organization, including 30% of the prime-time hours as defined by the Parks and Recreation Department. The exception to this is those sports where the number of Eden Prairie residents participating is fewer than 400, then the organization must have 40% of its total number be Eden Prairie residents Guidelines for Priority Use of Public Facilities April 5, 2016 Page 7 of 8 4. Only Eden Prairie non-profit organizations may reserve facilities for tournaments, clinics, or other uses where a fee will be charged to teams, individuals, etc. 5. No more than one major tournament or special event will be scheduled at any one time unless a special events permit has been completed and approved by the Eden Prairie Police Department and the Director of Parks and Recreation. 6. Any organization which fails to provide for and follow the guidelines set forth above, or provides false information on a permit application, is subject to revocation of its permit at the discretion of the Director of Parks and Recreation. 7. No organization is allowed to sublease City facilities without City approval. The City will not authorize subleasing for profit, nor for programs that compete with City programs. 8. Any team or organization that fails to pay the appropriate fees or fails to provide the information required by this policy within the time frame specified may lose Priority status. The Parks, Recreation and Natural Resources Commission will review and act on City Staff's recommendation, after the team or organization is given the opportunity to explain its actions. Guidelines for Priority Use of Public Facilities April 5, 2016 Page 8 of 8 VII. STANDARDS: STANDARDS FOR USE OF OUTDOOR PUBLIC FACILITIES Facilities Primary Travel Team Age or In-house Team Age or Season Grade Maximum Uses Grade Maximum Uses (Dates) Per Week Per Week Baseball May 1 to 12&over—4 per week 8&over—3 per week Fields& July 30 11 &under—3 per 7&under—2 per week Softball week Fields Soccer Fields May 1 to under 12&over—3 per under 12&over-2 per July 30 week week under 10&under—3 under 10&under-2 per week per week Football Aug 15 to 7th grade&over—4 Fields Oct 30 per week 6th grade&under—3 per week Lacrosse May 1 to 5th grade&over—3 Fields July 30 per week 4th grade&under—2 per week Rinks Definitions Uses Per Week — defined as the number of times a team plays each week. If the team is practicing, it may require a field by itself. If the team is playing an out of town team, it will require a field by itself. If it is playing another Eden Prairie team, it will only require a "half use" for each team. Teams under 10 will generally only require a 11/2 hour time period. Teams over 10 may require 2 hours or more to play a game. These standards represent the maximum uses per week that the City would allocate any club or association provided facilities were available to accommodate their request. Approved by Eden Prairie City Council on June 21, 2005 Updated and Approved by Eden Prairie City Council on April 5, 2016 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VTIT.S. Matt Bourne, Parks and Award Contract for Phase II - Round Lake Park Natural Resources Manager Improvements Requested Action Move to: Award the contract for Phase II - Round Lake Park Improvements to Minnesota Dirt Works, Inc. in the amount of$1,863,556.71. Synopsis In 2011, a redesign project for Round Lake Park to update this community park occurred. Phase one of this renovation was completed in 2012 and staff recently advertised for bids for phase II of this project. Specifications for the construction work were prepared by our consultant HTPO and bids were received from seven contractors. The proposed improvements are to renovate the four existing softball fields into three new fields that have a more user friendly layout and meet existing design standards for length. The two parking areas will also be reconfigured and renovated to provide stormwater management and to increase available parking. Background The four existing softball fields at Round Lake Park no longer meet the design standards for adult softball and need to be expanded. The renovation will also address issues with drainage and update the 20 plus year old irrigation and lighting systems. The improvements to the parking areas will allow us to add stormwater management which currently is not in place at these parking lots, hopefully improving the water quality of the lake. There will also be expanded parking areas to meet the demand created with the first phase of Round Lake Park improvements. Bid Summary and Recommendation The summary of the bids submitted is as follows: Minnesota Dirt Works $1,863,556.71 Designing Earth Contracting, Inc. $1,875,466.25 Peterson Companies $2,019,812.51 Rachel Contracting $2,031,139.65 Sunram Construction, Inc. $2,058,877.70 GL Contracting, Inc. $2,074,164.15 New Look Contracting, Inc. $2,085,428.75 The Engineers estimate for the project was $1,915,192.50. Each of the submitters has met the guidelines as detailed in the bid specifications. Staff and consulting engineer recommends the contract be awarded to Minnesota Dirt Works, Inc. Award Contract for Phase II- Round Lake Park Improvements April 5, 2016 Page 2 Funding for the construction work will come from the Capital Improvement Program (Park Improvement Funds). The project is anticipated to begin July 5th with a final completion date of June 15, 2017. Attachments HTPO Bid Tabulation Sheet HTPO Recommendation Letter Form of Contract with Minnesota Dirt Works, Inc. Bid Tabulation 3-10-2016 Round Lake Park Improvements Engineer's Estimate MN Dirt Works,Inc. Designing Earth Const. Peterson Companies Rachel Contracting,Inc. Sunram Construction GL Contracting Inc. New Look Contracting UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL TOTAL ITEM No. ITEM QTY UNIT PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE _ 1 Mobilization 1 Lump Sum $25,000.00 $25,000.00 $32,800.00 $32,800.00$110,000.00 $110,000.00$104,160.00 $104,160.00$132,900.00 $132,900.00 $90,800.00 $90,800.00 $8,297.70 $8,297.70 $50,000.00 $50,000.00 _ 2 Remove Existing Pavement(Includes Sawcutting) _ 11240 _ Sq Yd $5.00 $56,200.00 $3.70 $41,588.00 $2.50 $28,100.00 $3.24 $36,417.60 $2.00 $22,480.00 $2.40 $26,976.00 $7.40 $83,176.00 $2.00 $22,480.00 3 Remove Ballfield Lights and Footings 18 Each $500.00 $9,000.00 $280.00 $5,040.00 $500.00 $9,000.00 $2,245.00 $40,410.00 $3,000.00 $54,000.00 $800.00 $14,400.00 $222.90 $4,012.20 $2,500.00 $45,000.00 4 Salvage Parking Lot Light Pole,Remove Footing 8 Each $200.00 $1,600.00 $165.00 $1,320.00 $450.00 $3,600.00 $445.00 $3,560.00 $850.00 $6,800.00 $600.00 $4,800.00 $222.90 $1,783.20 $550.00 $4,400.00 5 Remove Storm Sewer Structures 3 Each $500.00 $1,500.00 $340.00 $1,020.00 $500.00 $1,500.00 $1,002.00 $3,006.00 $400.00_ $1,200.00 $525.00 $1,575.00 $233.20 $699.60 $550.00 $1,650.00 6 Remove Storm Pipe 163 Lin Ft $11.00 $1,793.00 $8.90 $1,450.70 $15.00 $2,445.00 $11.00 $1,793.00 $6.00_ $978.00 $11.00 $1,793.00 $5.60 $912.80 $15.00 $2,445.00 7 Remove Concrete 315 Sq Yd $10.00 $3,150.00 $3.85 $1,212.75 $4.00 $1,260.00 $5.65 $1,779.75 $8.00 $2,520.00 $12.20 $3,843.00 $7.40 $2,331.00 $18.00 $5,670.00 8 Remove Curb and Gutter 185 Lin Ft $5.00 $925.00 $2.65 $490.25 $6.00 $1,110.00 $6.57 $1,215.45 $5.00 $925.00 $9.75 $1,803.75 $7.40 $1,369.00 $5.50 $1,017.50 _ 9 Well Abandonment 1 Lump Sum $2,500.00 $2,500.00 $1,650.00 $1,650.00 $2,000.00 $2,000.00 $15,908.00 $15,908.00 $1,260.00 $1,260.00 $4,000.00 $4,000.00 $10,970.00 $10,970.00 $4,000.00 $4,000.00 _ 10 Salvage+/-4"CL5 from Parking and Plaza Areas 2150 _ Tons $10.00 $21,500.00 $8.35 $17,952.50 $2.20 $4,730.00 $6.27 $13,480.50 $10.00 $21,500.00 $17.10 $36,765.00 $11.40 $24,510.00 $4.25 $9,137.50 11 Tree Protection Fence 2425 Lin Ft $3.00 $7,275.00 $1.40 $3,395.00 $1.56 $3,783.00 $2.50 $6,062.50 $1.60 $3,880.00 $1.50 $3,637.50 $5.50 $13,337.50 $3.00 $7,275.00 12 Rock Construction Entrance 1 Each $1,000.00 $1,000.00 $1,350.00 $1,350.00 $2,000.00 $2,000.00 $2,655.00 $2,655.00 $3,500.00 $3,500.00 $1,500.00 $1,500.00 $1,645.50 $1,645.50 $2,000.00 $2,000.00 13 Silt Fence 3,415 Lin Ft $2.00 $6,830.00 $1.20 $4,098.00 $1.35 $4,610.25 $3.80 $12,977.00 $1.35 $4,610.25 $1.75 $5,976.25 $1.40 $4,781.00 $2.25 $7,683.75 14 Floating Silt Fence 100 Lin Ft $15.00 $1,500.00 $12.50 $1,250.00 $13.75 $1,375.00 $27.00 $2,700.00 $14.15 $1,415.00 $13.00 $1,300.00 $13.20 $1,320.00 $15.00 $1,500.00 15 Sediment Control Log,Type Straw Bioroll 2830 Lin Ft $4.00 $11,320.00 $1.85 $5,235.50 $2.05 $5,801.50 $3.43 $9,706.90 $2.10 $5,943.00 $1.95 $5,518.50 $4.10 $11,603.00 $4.00 $11,320.00 16 Sediment Control Inlet 9 Each $250.00 $2,250.00 $135.00 $1,215.00 $225.00 $2,025.00 $166.00 $1,494.00 $150.00 $1,350.00 $200.00 $1,800.00 $329.10 $2,961.90 $200.00 $1,800.00 17 Rock Weeper w/Standpipe 1 Each $750.00 $750.00 $600.00 $600.00 $500.00 $500.00 $2,250.00 $2,250.00 $365.00 $365.00 $1,200.00 $1,200.00 $548.50 $548.50 $1,200.00 $1,200.00 _ 18 Street Sweeping 20 Hours $120.00 $2,400.00 $125.00 $2,500.00 $140.00 $2,800.00 $196.50 $3,930.00 $150.00 $3,000.00 $125.00 $2,500.00 $164.60 $3,292.00 $150.00 $3,000.00 _ 19 Removal of Temporary Erosion&Sediment Control 1 Lump Sum $2,000.00 $2,000.00 $1,000.00 $1,000.00 $6,000.00 $6,000.00 $1.00 $1.00_$7,500.00 $7,500.00 $5,200.00 $5,200.00 $5,485.00 $5,485.00 $7,500.00 $7,500.00 _ 20 Construction Signing&Flagging 1 Lump Sum $2,000.00 $2,000.00 $1,000.00 $1,000.00 $4,500.00 $4,500.00 $400.00 $400.00 $2,500.00 $2,500.00 $5,000.00 $5,000.00 $5,485.00 $5,485.00 $20,000.00 $20,000.00 21 Common Excavation(P) 29000 Cu Yd $8.50 $246,500.00 $6.10 $176,900.00 $7.00 $203,000.00 $10.24 $296,960.00 $8.00 $232,000.00 $6.60 $191,400.00 $7.60 $220,400.00 $11.00 $319,000.00 22 Subgrade Excavation 400 Cu Yd $15.00 $6,000.00 $5.10 $2,040.00 $10.00 $4,000.00 $9.98 $3,992.00 $4.00 $1,600.00 $19.15 $7,660.00 $9.90 $3,960.00 $11.00 $4,400.00 23 Topsoil Borrow(LV) 1625 Cu Yd $30.00 $48,750.00 $23.80 $38,675.00 $18.50 $30,062.50 $13.16 $21,385.00 $13.00 $21,125.00 $28.00 $45,500.00 $28.80 $46,800.00 $35.00 $56,875.00 _ 24 Aggregate Base CL5 6600_ Tons $20.00 $132,000.00 $16.60 $109,560.00 $15.00 $99,000.00 $20.42 $134,772.00 $4.00 $26,400.00 $23.00 $151,800.00 $18.00 $118,800.00 $15.00 $99,000.00 _ 25 Bituminous Trail and Plaza I 650 _ Tons $90.00 $58,500.00 $64.90 $42,185.00 $68.60 $44,590.00 $66.00 $42,900.00 $75.40 $49,010.00 $69.30 $45,045.00 $81.40 $52,910.00 $70.00 $45,500.00 _ 26 Bituminous Non-Wear Course I 1615 _ Tons $75.00 $121,125.00 $54.65 $88,259.75 $57.40 $92,701.00 $52.00 $83,980.00 $59.40 $95,931.00 $54.60 $88,179.00 $66.20 $106,913.00 $60.00 $96,900.00 27 Bituminous Wear Course 1230 Tons $80.00 $98,400.00 $61.40 $75,522.00 $64.50 $79,335.00 $58.00 $71,340.00 $66.30 $81,549.00 $60.90 $74,907.00 $68.00 $83,640.00 $67.00 $82,410.00 28 Tack Coat 735 Gal $3.50 $2,572.50 $2.85 $2,094.75 $3.00 $2,205.00 $3.00 $2,205.00 $3.40 $2,499.00 $3.15 $2,315.25 $2.60 $1,911.00 $3.00 $2,205.00 29 Concrete Pads 405 Sq Yd $50.00 $20,250.00 $51.15 $20,715.75 $47.40 $19,197.00 $5.50 $2,227.50 $44.00 $17,820.00 $40.65 $16,463.25 $49.40 $20,007.00 $42.00 $17,010.00 _ 30 Concrete Maintenance Strip _ 2345 Lin Ft $18.00 $42,210.00 $22.30 $52,293.50 $18.40 $43,148.00 $16.10 $37,754.50 $18.40 $43,148.00 $14.45 $33,885.25 $19.20 $45,024.00 $15.00 $35,175.00_ 31 B612 Concrete Curb and Gutter 4300 Lin Ft $12.00 $51,600.00 $11.90 $51,170.00 $12.50 $53,750.00 $14.25 $61,275.00 $14.60 $62,780.00 $12.55 $53,965.00 $13.10 $56,330.00 $13.00 $55,900.00 _ 32 Truncated Domes(Detectable Warning System) _ 76 Sq Ft $42.00 $3,192.00 $55.00 $4,180.00 $57.75 $4,389.00 $54.00 $4,104.00 $53.40 $4,058.40 $49.35 $3,750.60 $60.30 $4,582.80 $50.00 $3,800.00 _ 33 Pavement Markings _ 1 Lump Sum $4,000.00 $4,000.00 $2,952.00 $2,952.00 $4,300.00 $4,300.00 $2,390.00 $2,390.00_$2,500.00 $2,500.00 $3,500.00 $3,500.00 $2,742.50 $2,742.50 $5,000.00 $5,000.00 34 6'Bryan Red Rock Aglime 2460 Tons $35.00 $86,100.00 $50.30 $123,738.00 $27.50 $67,650.00 $29.37 $72,250.20 $29.70 $73,062.00 $29.30 $72,078.00 $36.70 $90,282.00 $32.00 $78,720.00 35 Ballfield Fencing 3 Each $23,000.00 $69,000.00 $22,465.00 $67,395.00 $23,600.00 $70,800.00 $21,450.00 $64,350.00 $25,600.00 $76,800.00 $23,600.00 $70,800.00 $25,499.80 $76,499.40 $25,350.00 $76,050.00 36 Foul Pole 6 Each $800.00 $4,800.00 $455.00 $2,730.00 $480.00 $2,880.00 $600.00 $3,600.00 $550.00 $3,300.00 $480.00 $2,880.00 $500.20 $3,001.20 $500.00 $3,000.00 - 37 Drinking Fountain 1 Lump Sum $6,000.00 $6,000.00 $4,900.00 $4,900.00 $4,000.00 $4,000.00 $4,185.00 $4,185.00 $6,000.00 $6,000.00 $5,900.00 $5,900.00 $7,505.70 $7,505.70 $6,000.00 $6,000.00 38 Picnic Table 4 Each $1,500.00 $6,000.00 $4,000.00 $16,000.00 $4,360.00 $17,440.00 $4,148.00 $16,592.00 $4,700.00 $18,800.00 $4,000.00 $16,000.00 $4,607.40 $18,429.60 $4,300.00 $17,200.00 - 39 Picnic Shelter 1 Each $40,000.00 $40,000.00 $42,200.00 $42,200.00 $35,000.00 $35,000.00 $34,146.00 $34,146.00 $31,950.00 $31,950.00 $45,000.00 $45,000.00 $36,030.20 $36,030.20 $40,000.00 $40,000.00 _ 40 Basketball Court 1 Lump Sum $15,000.00 $15,000.00 $27,300.00 $27,300.00 $18,500.00 $18,500.00 $33,170.00 $33,170.00 $45,500.00 $45,500.00 $30,825.00 $30,825.00 $55,488.10 $55,488.10 $20,000.00 $20,000.00_ 41 No Parking Sign 14 Each $150.00 $2,100.00 $105.00 $1,470.00 $115.00 $1,610.00 $105.00 $1,470.00 $120.00 $1,680.00 $110.00 $1,540.00 $115.20 $1,612.80 $200.00 $2,800.00 42 ADA Parking Sign 8 Each - $150.00 $1,200.00 $75.00 $600.00 $80.00 $640.00 $75.00 $600.00 $85.00 $680.00 $80.00 $640.00 $82.30 $658.40 $200.00 $1,600.00 43 Van Accessible Sign 6 Each $75.00 $450.00 $25.00 $150.00 $28.00 $168.00 $25.00 $150.00 $29.00 $174.00 $80.00 $480.00 $24.40 $146.40 $35.00 $210.00 44 Stop Sign 4 Each - $150.00 $600.00 $285.00 $1,140.00 $310.00 $1,240.00 $285.00 $1,140.00 $325.00 $1,300.00 $300.00 $1,200.00 $312.60 $1,250.40 $200.00 $800.00 45 Restroom Screen 3.00 Each - $3,200.00 $9,600.00 $2,825.00 $8,475.00 $3,000.00 $9,000.00 $1,500.00 $4,500.00 $3,250.00 $9,750.00 $2,970.00 $8,910.00 $3,099.00 $9,297.00 $3,100.00 $9,300.00 46 MnDOT Seed Mix 25-131,Fertilizer,&Hyd.Mulch 4.3 Acres $2,500.00 $10,750.00 $2,550.00 $10,965.00 $2,680.00 $11,524.00 $9,590.00 $41,237.00 $2,890.00 $12,427.00 $2,680.00 $11,524.00 $3,565.30 $15,330.79 $3,500.00 $15,050.00 47 MnDOT Seed Mix 35-221,Fertilizer,&Hyd.Mulch 1.4 Acres $3,000.00 $4,200.00 $2,375.00 $3,325.00 $2,495.00 $3,493.00 $7,530.00 $10,542.00 $2,690.00 $3,766.00 $2,230.00 $3,122.00 $3,949.20 $5,528.88 $4,000.00 $5,600.00 48 MnDOT Seed Mix 33-262,Fertilizer,&Hyd.Mulch 0.5 Acres $3,000.00 $1,500.00 $2,125.00 $1,062.50 $2,230.00 $1,115.00 $7,955.00 $3,977.50 $2,410.00 $1,205.00 $2,230.00 $1,115.00 $3,949.20 $1,974.60 $4,000.00 $2,000.00 49 MnDOT Seed Mix 25-131,Fertilizer,&Hyd.Mulch 0.1 Acres $3,000.00 $300.00 $2,325.00 $232.50 $2,440.00 $244.00 $12,405.00 $1,240.50 $2,640.00 $264.00 $2,450.00 $245.00 $3,949.20 $394.92 $4,000.00 $400.00 50 Winter Mulching 6.3 Acres $2,000.00 $12,600.00 $1,550.00 $9,765.00 $1,630.00 $10,269.00 $1.00 $6.30 $1,760.00 $11,088.00 $1,630.00 $10,269.00 $658.20 $4,146.66 $650.00 $4,095.00 51 Turf Reinforcement Mat 160 Sq Yd $10.00 $1,600.00 $9.50 $1,520.00 $10.00 $1,600.00 $7.75 $1,240.00 $11.00 $1,760.00 $10.00 $1,600.00 $11.00 $1,760.00 $15.00 $2,400.00 52 Ballfield Lighting 1 Lump Sum $360,000.00 $360,000.00$459,600.00 $459,600.00$492,000.00 $492,000.00$459,600.00 $459,600.00$521,000.00 $521,000.00$187,257.00 $187,257.00$539,285.20 $539,285.20$500,000.00 $500,000.00 53 Drive/Parking Lot Area Lighting 1 Lump Sum $75,000.00 $75,000.00 $48,200.00 $48,200.00 $53,000.00 $53,000.00 $48,200.00 $48,200.00 $55,000.00 $55,000.00$449,000.00 $449,000.00 $54,850.00 $54,850.00 $52,000.00 $52,000.00 54 27"CB w/Frame&Grate 4 Each $2,300.00 $9,200.00 $1,735.00 $6,940.00 $1,200.00 $4,800.00 $2,266.00 $9,064.00 $1,480.00 $5,920.00 $2,145.00 $8,580.00 $1,653.10 $6,612.40 $1,800.00 $7,200.00 HTPO 15-093 Engineer's Estimate MN Dirt Works,Inc. Designing Earth Const. Peterson Companies Rachel Contracting,Inc. Sunram Construction GL Contracting Inc. New Look Contracting UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL ITEM No. ITEM QTY UNIT PRICE _ PRICE PRICE PRICE PRICE _ PRICE PRICE PRICE _ 55 48"CB/MH w/Frame&Grate(0-8 ft) 2 Each $3,500.00 $7,000.00 $2,625.00 $5,250.00 $1,800.00 $3,600.00 $3,475.00 $6,950.00 $2,265.00 $4,530.00 $3,190.00 $6,380.00 $2,967.50 $5,935.00 $2,500.00 $5,000.00 _ 56 72"CB/MH w/Frame&Grate(0-8 ft)w/Separator 1 Each $9,000.00 $9,000.00 $10,550.00 $10,550.00 $8,400.00 $8,400.00 $6,057.00 $6,057.00 $9,060.00 $9,060.00 $8,985.00 $8,985.00 $9,100.40 $9,100.40 $8,800.00 $8,800.00 _ 57 Adjust Existing Storm Sewer Structure 1 Each $1,500.00 $1,500.00 $275.00 $275.00 $750.00 $750.00 $1,100.00 $1,100.00 $850.00 $850.00 $500.00 $500.00 $849.40 $849.40 $550.00 $550.00 _ 58 Connect to Existing Storm Sewer 2 Each $750.00 $1,500.00 $575.88 $1,151.76 $500.00 $1,000.00 $1,784.00 $3,568.00 $1,360.00 $2,720.00 $815.00 $1,630.00 $849.40 $1,698.80 $650.00 $1,300.00 _ 59 12"RCP CL.V I 535 Lin Ft $31.00 $16,585.00 $46.55 $24,904.25 $38.00 $20,330.00 $27.53 $14,728.55 $40.00 $21,400.00 $37.80 $20,223.00 $29.50 $15,782.50 $29.00 $15,515.00 _ 60 12"RCP FES with Trashguard I 3 Each $1,200.00 $3,600.00 $815.00 $2,445.00 $550.00 $1,650.00 $1,244.00 $3,732.00 $906.00 $2,718.00 $1,435.00 $4,305.00 $1,230.30 $3,690.90 $1,250.00 $3,750.00 _ 61 Riprap-CL.III with Geotextile Fabric I 16 Cu Yd $100.00 $1,600.00 $95.35 $1,525.60 $75.00 $1,200.00 $169.00 $2,704.00 $103.00 $1,648.00 $100.00 $1,600.00 $137.20 $2,195.20 $115.00 $1,840.00 _ 62 Rain Guardian Treatment Device I 2 Each $1,500.00 $3,000.00 $1,750.00 $3,500.00 $1,940.00 $3,880.00 $1,950.00 $3,900.00 $2,500.00 $5,000.00 $1,770.00 $3,540.00 $2,155.40 $4,310.80 $2,500.00 $5,000.00 _ 63 Binder Stone I 400 Tons $30.00 $12,000.00 $32.50 $13,000.00 $26.50 $10,600.00 $35.44 $14,176.00 $4.00 $1,600.00 $17.85 $7,140.00 $28.30 $11,320.00 $30.00 $12,000.00 _ 64 Root Zone Mix 1830 Cu Yd _ $40.00 $73,200.00 $61.40 $112,362.00 $45.00 $82,350.00 $38.73 $70,875.90_ $64.00 $117,120.00 $37.25 $68,167.50 $49.00 $89,670.00 $50.00 $91,500.00 _ 65 6"x6"Wet Tap and Valve 1 Lump Sum $3,500.00 $3,500.00 $2,950.00 $2,950.00 $2,400.00 $2,400.00 $4,315.00 $4,315.00 $3,510.00 $3,510.00 $3,455.00 $3,455.00 $3,358.10 $3,358.10 $5,000.00 $5,000.00 _ 66 6"Hydrant and Valve 1 Each $4,000.00 $4,000.00 $5,500.00 $5,500.00 $4,800.00 $4,800.00 $6,550.00 $6,550.00_$6,230.00 $6,230.00 $5,920.00 $5,920.00 $5,401.00 $5,401.00 $6,700.00 $6,700.00 67 6"DIP Watermain 730 Lin Ft $50.00 $36,500.00 $47.00 $34,310.00 $39.50 $28,835.00 $26.15 $19,089.50 $46.00 $33,580.00 $42.00 $30,660.00 $27.20 $19,856.00 $35.00 $25,550.00 68 MJ DIP Fittings 425 Lbs $5.00 $2,125.00 $5.05 $2,146.25 $3.00 $1,275.00 $9.30 $3,952.50 $6.80 $2,890.00 $3.15 $1,338.75 $4.70 $1,997.50 $6.00 $2,550.00 69 4"DIP Watermain 16 Lin Ft $65.00 $1,040.00 $71.00 $1,136.00 $100.00 $1,600.00 $50.15 $802.40 $41.00 $656.00 $49.00 $784.00 $35.90 $574.40 $65.00 $1,040.00 70 4"Gate Valve 1 Each $1,500.00 $1,500.00 $1,565.00 $1,565.00 $805.00 $805.00 $2,475.00 $2,475.00 $890.00 $890.00 $1,050.00 $1,050.00 $1,373.90 $1,373.90 $1,350.00 $1,350.00 71 1.5"PE Water Service 412 Lin Ft $25.00 $10,300.00 $8.70 $3,584.40 $18.00 $7,416.00 $17.68 $7,284.16 $15.00 $6,180.00 $27.30 $11,247.60 $16.80 $6,921.60 $20.00 $8,240.00 72 1.5"Curb Stop 1 Each $1,500.00 $1,500.00 $580.00 $580.00 $375.00 $375.00 $908.00 $908.00 $285.00 $285.00 $455.00 $455.00 $429.90 $429.90 $850.00 $850.00 73 1.5"Corp Stop 1 Each $750.00 $750.00 $500.00 $500.00 $350.00 $350.00 $605.00 $605.00 $340.00 $340.00 $560.00 $560.00 $332.90 $332.90 $650.00 $650.00 74 Watering 10 Trips - $1,000.00 $10,000.00 $325.00 $3,250.00 $650.00 $6,500.00 $1.00 $10.00 $650.00 $6,500.00 $600.00 $6,000.00 $274.30 $2,743.00 $550.00 $5,500.00 75 1.5"PVC Conduit 190 Lin Ft $4.00 $760.00 $3.00 $570.00 $6.00 $1,140.00 $10.11 $1,920.90 $4.00 $760.00 $13.65 $2,593.50 $6.70 $1,273.00 $10.50 $1,995.00 76 8"PVC Conduit 220 Lin Ft - $12.00 $2,640.00 $9.00 $1,980.00 $11.00 $2,420.00 $16.62 $3,656.40 $10.00 $2,200.00 $21.00 $4,620.00 $12.30 $2,706.00 $18.50 $4,070.00 Total Bid$1,915,192.50 $1,863,458.71 $1,875,466.25 $2,019,812.51 $2,031,139.65 $2,058,877.70 $2,074,146.15 $2,085,428.75 Engineer's Estimate MN Dirt Works,Inc. Designing Earth Const.' Peterson Companies Rachel Contracting,Inc. Sunram Construction GL Contracting Inc. New Look Contracting UNIT UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL TOTAL ITEM No. ITEM QTY UNIT PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE Bid Alternate#1 1 6'Side Fencing 1110 Lin Ft $26.00 $28,860.00 $18.45 $20,479.50 $19.40 $21,534.00 $23.00 $25,530.00 $21.00 $23,310.00 $20.25 $22,477.50 $22.40 $24,864.00 $22.00 $24,420.00 2 12'Wide Gate for Side Fencing 3 Each $750.00 $2,250.00 $1,000.00 $3,000.00 $1,050.00 $3,150.00 $1,000.00 $3,000.00 $1,134.00 $3,402.00 $1,050.00 $3,150.00 $1,092.60 $3,277.80 $1,000.00 $3,000.00 3 Concrete Maintenance Strip for Side Fencing 1140 Lin Ft $16.00 $18,240.00 $20.25 $23,085.00 $17.85 $20,349.00 $16.10 $18,354.00 $18.20 $20,748.00 $14.45 $16,473.00 $20.70 $23,598.00 $15.00 $17,100.00 4 Aggregate Base CL.5 35 Tons $20.00 $700.00 $73.00 $2,555.00 $17.00 $595.00 $147.82 $5,173.70 $4.00 $140.00 $100.00 $3,500.00 $19.60 $686.00 $40.00 $1,400.00 5 4"PVC Conduit 70 Lin Ft $8.00 $560.00 $4.70 $329.00 $8.00 $560.00 $12.00 $840.00 $7.00 $490.00 $14.00 $980.00 $6.70 $469.00 $16.50 $1,155.00 6 8"PVC Conduit 70 Lin Ft $12.00 $840.00 $9.00 $630.00 $12.00 $840.00 $19.00 $1,330.00 $10.00 $700.00 $22.00 $1,540.00 $12.30 $861.00 $20.50 $1,435.00 Alternate Total $51,450.00 $50,078.50 $47,028.00 $54,227.70 $48,790.00 $48,120.50 $53,755.80 $48,510.00 Z � p I Engineering Surveying Landscape Architecture March 28,2016 Mr. Matt Bourne City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: Construction Bids for Round Lake Park Improvements, City Project No. 15102 Dear Mr. Bourne, Bids were received and opened at 10:00 a.m. on Thursday March 10,2016, for the above referenced project. The bids are shown on the attached Summary of Bids. The Engineer's Estimate for this project was as follows: $1,915,192.50 for the Base Bid and $51,450.00 for the Bid Alternate #1. The low bidder, Minnesota Dirt Works, Inc., came in 2,7% below the Engineer's Estimate for the Base Bid with a bid of$1,863,458.71 and 2.7% below the Engineer's Estimate for Bid Alternate #1 with a bid of$50,078.50. Recommendation is made that the City Council awards this project to Minnesota Dirt Works, Inc. in the amount of $1,863,458.71 for the Base Bid only. Bid Alternate #1 is not proposed to be included with this project per direction from the Parks and Recreation Department. This recommendation considers that the City Council reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City, Respectfully, 751 D Market Place Drive Hansen Thorp Pellinen Olson, Inc. Eden Prairie, MN 55344 952-829-0700 952-829-7806 fax www.htpo.com Adam Pawelk,P.E. Enclosures HANSEN THORP PELLINEN OLSON, INC. SUMMARY OF BIDS DESCRIPTION: Round Lake Park Improvements BIDS OPENED: March 10, 2016 CONSULTING ENGINEER: Hansen Thorp Pellinen Olson, Inc. CHECKED BY: Hansen Thorp Pellinen Olson, Inc. Bidder 5% Bid Bond Total Bid Bid Alternate#1 Minnesota Dirt Works, Inc. Yes $1,863,458.71 $50,078.50 Designing Earth Construction Yes $1,875,466.25 $47,028.00 Peterson Companies, Inc. Yes $2,019,812.51 $54,227.70 Rachel Contracting, Inc. Yes $2,031,139.65 $48,790.00 Sunram Construction, Inc. Yes $2,058,877.70 $48,120.50 GL Contracting, Inc. Yes $2,074,146.15 $53,755.80 New Look Contracting Yes $2,085,428.75 $48,510.00 FORM OF CONTRACT THIS AGREEMENT, made and executed this 5th day of April, 2016, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Minnesota Dirt Works, Inc., hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the City Engineer for the Parks and Recreation Department referred to in Paragraph IV, as provided by the CITY for: Phase II—Round Lake Park Improvements CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $1,863,458.71. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal d. Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MN. By Its City Mayor And Its City Manager CONTRACTOR In Presence Of: By Title And Title Revised and Copied into Purchasing Policy March 2013 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.T. Matt Bourne, Parks and Award Contract for Round Lake Park Irrigation Natural Resources Manager Renovation Requested Action Move to: Award the contract for Round Lake Park irrigation upgrade to Green Acres Sprinkler Co. in the amount of$69,780. Synopsis After Phase II of the Round Lake Park Renovation is complete, all of the irrigation on the ballfields and surrounding area will be updated. This update will provide a much more efficient irrigation system and connect it to our Baseline control system that was installed as part of Phase I of the Round Lake Park Renovation. Background The current irrigation system at Round Lake ballfields is over 20 years old and will be abandoned during the renovation of those fields. The new system will be installed with much more efficient heads and will be connected to our existing control system that monitors soil moisture to better gauge the need for supplemental water. Quote Summary The summary of the quotes submitted is as follows: Green Acres Sprinkler Co. $69,780 Arteka Companies $77,100 Attachment Standard Agreement for Contracted Services Standard Agreement for Contract Services This Agreement ("Agreement") is made on the 5th day of April, 2016, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Green Acres Sprinkler Co., a Minnesota business corporation (hereinafter "Contractor") whose business address is 6518 Cambridge St, St. Louis Park, MN 55426. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for the installation of irrigation system at Round Lake Park ballfields hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Agreement shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of April 5, 2016. The Work shall be completed by September 16, 2016 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. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the park 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. Contractor should coordinate schedule of work and completion dates with the City and the General Contractor of the Round Lake Phase II project. 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 $69,780.00 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 Rob Cooper to Manage the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Standard Agreement for Contract Services 2014.01 Page 2 of 8 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 coveraeges 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: 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. Standard Agreement for Contract Services 2014.01 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: Rob Cooper Green Acres Sprinkler Co. 6518 Cambridge Street St Louis Park, MN 55426 Standard Agreement for Contract Services 2014.01 Page 5 of 8 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: Matt Bourne City of Eden Prairie 15150 Technology Dr 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 2014.01 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 Mayor City Manager CONTRACTOR By: Its: Standard Agreement for Contract Services 2014.01 Page 8 of 8 . / f a / s * ' ° b ` r F � \\ 4 4 + �� •. . / t+ram F a b ' � q1 6 q ti b li 0 1s. o . ' b ! 4 O 1 5 l 1 11 D c7; ) \------r---,---'- 1 ....-. 1 ..,. . 02r t i i ?.,, .• , .. e a u • e p4 a m iioix c11 ii �_ s pi f�'i.�i l'^ i iii Iftlii if ili 31i[ Z f x K _ Rounda1 e Park g'' I f `i ill e� F,> ' Silr, i;Xli I I Edam Praia. x rirri .r I I �l.i 11r+I+ ir : 1H.1, awn Irrigation Proposal 160032 dliFi• BALL FIELDS rI k1 Prepared on 2/25/2016 for: ACRES Round Lake Park SPRINKI IA CO. Eden Prairie, MN l have prepared this proposal utilizing the most efficient technology available today. Green Acres Sprinkler Company strives to be innovative in all aspects of business. Our equipment for installing your automatic lawn sprinlder system is the best available. After 40 years in the business, we feel our installation techniques and quality of workmanship cannot be surpassed by anyone in the industry. Included with this installation are these exceptional services and features; •EFFICIENT and QUICK-- Usually a FIFTEEN DAY installation for systems like yours • "As Built" professional drawing of the system,done to scale, will show where all heads,valves,pipes, and wires have been installed and how the system is zoned. • UTILITY LOCATES will be arranged by Green Acres. The property owner must inform Green Acres of any private utilities (ie. gas grills, lighting, invisible fences, drain tile, etc.). • PLUMBING will be done by a licensed plumber in compliance with local plumbing codes, Water will be plumbed from near the water meter to the outside. • BACKFLOW PROTECTION will be brass, heavy duty,and installed by the plumber. • BORING and SLEEVING under sidewalks and drives will be provided by the company. • VALVE BOXES will house all automatic control valves for protection and service access. • WIRE will be 2 WIRE 14 gauge copper irrigation wire with weatherproof connections, • CLEANUP will be thorough and timely so your yard can look its best. • WARRANTY for ONE year on ALL materials and workmanship. • FREE Winterization for the first year. • CEMENT PAD BY OTHER.NOT INCLUDED. • ELECTRICAL WIRING TO PUMP BY ELECTRICIAN. • INCLUDES 2 WIRE FROM WARMING HOUSE TO ENCLOSURE. The sprinkler system installed at the above address will include the following components: 1 Berlcly B74463 5HP Pump 1 Pentek 208-230v 3Ph VFD 2 Baseline Lightning Arrestor I 2 1/2" Wilkins RPZ 1 Baseline Remote Control 15 Baseline BL5201 Decoder 1 Baseline Water Meter 1 Enclosure 1 Baseline Soil Moister Sensor 1 lrrotrol Wireless Rain Sensor 3 3 Inch Manual Gate Valve 15 Rainbird PGA Series Valve 21 Hunter 1-25 Stainless Steel HS 87 Hun er I-5Stainless Steel IRRIgATi(N SR� il t vER roltry yEARs 6 5 1 8 CAMbRidgE STREET Si. Louis NA MN 5 5426 (952) 929-1232 WWW.CIR£ENACRFSsDRINUER.COM 2000 1 I/2's PVC Pipe Installed 1800 2" PVC Pipe Installed 1300 2 1/2" PVC Pipe 600 3" PVC Pipe 600 3" PVC Pipe ci'n A+' UZVT' o;,,A Your complete cost: $69,780.00. I thank you for the opportunity of presenting this proposal and look forward to hearing from you soon. If you have any questions,please contact me, Rob Cooper, at 952-929-1232. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.U. Matt Bourne, Parks and Approve Maintenance Agreement for the Natural Resources Manager, Stormwater Facility at Staring Lake Park Parks and Recreation Motion Move to: Approve the maintenance agreement for the stormwater facility at Staring Lake Park. Synopsis Due to the need for a new stormwater infiltration basin at the Staring Lake Park play area, the Riley-Purgatory-Bluff Creek Watershed District is requiring an agreement outlining maintenance and reporting requirements for the new stormwater facility. This agreement must be executed as a condition of the Watershed District permit for the construction of the new play area. Background The introduction of impervious surfacing as part of the Staring Lake Park play area renovation project required the construction of a stormwater infiltration basin. Attachment Maintenance Agreement 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, a statutory city and body corporate and politic of the State of Minnesota (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 under the Stormwater Management Rule, certain land development activity triggers the requirement that the landowner record a declaration establishing the landowner's perpetual obligation to inspect and maintain stormwater-management facilities 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 , the City's perpetual obligation to maintain stormwater facilities 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. , and concur that it is binding and rests on mutual valuable consideration; 1 THEREFORE City and RPBCWD agree as follows that City, at its cost, will inspect and maintain the wetland buffer and stormwater facilities as shown in the site plan attached to and incorporated into this Agreement as Exhibit A in perpetuity as follows: 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 website address of the Riley Purgatory Bluff Creek Watershed District. 2) STORMWATER FACILITIES a) Raingardens, infiltration basins and filtration basins. Raingardens, infiltration basins and filtration basins will be inspected annually for the first two years after the project is completed and once every five years thereafter to ensure continued live storage capacity at or above the design volume. Invasive vegetation, excess sediment and debris will be removed as needed and healthy 2 plant growth will be maintained to ensure that the facilities continue to perform per design. b) Grit chambers, sump catch basins and sump manholes. Grit chambers, sump catch basins and sump manholes will be inspected in the spring, summer and fall of each year. All sediment and debris will be removed as needed such that the stormwater facilities operate as designed and permitted. 3) Reporting. City will submit to the RPBCWD annually for the first two years and once every five years after a brief written report that describes stormwater facility maintenance activities performed under this declaration, including dates, locations of inspections and the maintenance activities performed. 4) 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 condition of the purchase and sale agreement that the purchaser accept an assignment of all obligations vested under this Agreement. 5) This Agreement may be amended only in a writing signed by the parties. 6) Authority to Contract. The person executing this Agreement on behalf of City represents that he is duly authorized to execute this Agreement on behalf of City and represents and warrants that this Agreement is a legal, valid and binding obligation enforceable according to its terms. 7) The recitals are incorporated as a part of this Agreement. 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT By Date: President, Board of Managers City of Eden Prairie By: Date: Its Mayor By: Date: Its City Manager 4 Exhibit A Site and Grading Plan 5 CITY OF EDEN PRAIRIE ""w•� ^ •"' STANDARD FREE-STANDING MARKER �„' .� ..- s:_ EXISTING SK!TRAILS �. •-:• -- - WITHIN BUFFER AREA � � ' ' ` EDGE OF PEMIA �+�y> ---.•"'" -__��vyi fJ.,.�• :-;�:, ,. 'r 1,1-ti; EMERGENT WETLAND • !,_ vXy_?.±'T; 1.,' .I • S APPROX.LOCATION OF • L 1 1 1 EDGE OF PFO1A SHRUB! ,`� , �\ ' i ".*. 1❑0-YR FLOOD ELEV.FOR .1•• `A 1 4,, , `-'fa '' ) • STARING LAKE(817) FOREST WETLAND Ar 1 S jil'1 ',,,...,,,,,•.',:, 1 I ..l ,, e A�. soap is :.\�'. :1` ' 'N /ip, - • \ 1 �'F Y .� y� / yt 4. \` �,_—��� q/ FREE-STANDING /` °; 11111), . sc.4`;',-•.,:::--`'•: J fs 1 MARKER EVERY 200'I- Nx, ,` , ••t_ _. ,y ., ,.^..•F` 1!.` , -t.IEXISTING TRAILS WITHIN •��/-'w ,-,s"L���� •r .,• ,r ._ --1. ' . - I[BUFFER AREA(TYP) ti�• 9 11 ." -_ EXCEPTIONAL VALUE A ti 1> (i,,,,,,- WETLAND BUFFER(80'y i� _ -.'-' --- EDEN • xy ;; 2'CONTOURS .r 'kh _ • . i•1ii1�'i-")V+�H ,':.:: = - _ -„ : i••:/ `. [TYP) ► ' it . ii �''f� "A • • t .1.4 - t, 4, -- - �Y. �1 ? f,• / �_ / •� J v� a ^ a q'� ��. � � @� \ _ � EE •- p�� PRAIRIE tilti i'!'i iti\i r� i r � 11rPRDJECT ff, ; 1 t� ��• �► • „ • •1 ti... 1 AREA ;i Y, - -_ - -- ;. • • -- _. . ���44 a ! f � f .:.��.,��1,�:,���. a, :�_,�� •� '_K,, �. f � � ! fi CONSERVATION -.., ;v, :11�\1 �\ r. ;, • NOTE: - ;_le ' EASEMENT I,,* ;'• . �,: = •S .,IA 1, `� =`�_-- \ :.,.,S'i�:=� SLOPES WITHIN BUFFER DO NOT �� �.. f : 'lt\ , '', EXCEED 18%FORA DISTANCE NO -�` ' { fF �r Euu --- a = I. ' . :1, \ ,- ` .: „,mr, - -,1�`i,* � '11.t'j ti. t OF 50'OR GREATER. J, MOWING _ r. J1 j Via' . ' - _-rl' , * i`i �4, ,,.- _ =:` �'rr, ALLOWED :1,4,� I PROPERTY I .,,:,r � , ' --.�� . , =• "'ti:^ `ti•':" i. : S • . , �' �1.BOUNDARY 08 AC]1'1 , +,3 !�_ � ...� .sw i -_�-1\ ti� '} /J'r.. _. -C'��,�-� -- .- (�:,?!,e Airdyy, -7.? I' ' --1\a-,i' J •~�\\i :• t r = y:,:, `k ,,1 1 1 tea\\\\�.: • j;. : � r . t:. 1 1 ,(1:. . s� ,\tit,i. ,./.:` ' -'�:"� �_ `—_ , - ,'..11; 11.1 1 MCI'''' ' N1\�i�' ili Scale:1''=200' WSB Pr I C 14.b21a-050 .�.. .... 701 M,y/,W..+a Ste+ Staring Lake Play Area a W B ...."""HdS"�8 Eden Prairie,Minnesota Exhibit No16.1311.0.0 Wetland Buffer Exhibit 2 GENERAL ROTES: TOPSOIL&EARTHWORK REQUIREMENTS: SPOT GRADES&DRAINAGE REQLJIREAIENTS: CIEQ AE AM SHALL VERIFY EJ THAT. l77H01EICPLS PTIEDR TO O TOPSOIL SHALL HE STRIPPED FROM ALL DISTURED AREAS ANO 310CRPILEO IN PILEE ROT EH EEDIITO S FEET IN DEPTH FOR RESPHEAO.ODM.LDCATIDN PEORDERF'IIIE VALE RE DETERMISIMUY THE ITEf:ONiRAC1UN AND SIRYSTOlE SHALL NEWEW AILCTLAA"NHG WITrI BIODINC A110 CONBTRLICfIOH S1ARi,U.CONTRACTOR♦0 AYISIE RESPONSIBLE OWNEEIR-E RN 1HE FIELD.STOCKPILE AREA WILL REINKE SILT FENCE ARMIN,IT REFER TO SPECTFICATION6 FOR ACETIONML REPUIREMENNTE. THE I ALE PRIOR EO EI1OSTRUG CPI TO ENSURE PROPER GR/VNAGF. H101LALL LIHAtes.ALL MCATEY SHALL BE RENEWED EY 1 HE ADD ORMINO. OWNERRILE PRIOR ID PONSFRUFTRW START AS BAH1W 1RKPINMASUT68,THE CONSFASTOH WALL REMELOE ALL RLL SOILS ENCOIMTEFLRO FROM AREAS 10 BE PAW N:1W REPLACE WE puny Sup REELS ORDER MOT BE TIED ON BITE IF Af'PHOWEO OF RI TOE OCHER I DR IMPORT EP GRANULAR BORROW AS FMTICATED IN THE GEOIECOWKEL REPORT PO RUTPEYE.PRDPERGOMSACTRNL THE CORTI/AC1MN MAY WOIEELIISIING SAND SOILS 1HE dI till OF ALI PROPOSED EP0T DRADESANC GERUND IN 1 CONTRACTOR SHALLCILIA 9EREII IFS.BLE FOR PROTECTING ALL WITH APP1JSATIUNOF WATER R PROPER CCMPAGTCA)CAN RE ACINEVEP RENEATH ARFASTG BE PANEL]REFER ALSO TO El IE GEOTECIINIEAL REPORT FOR A00111DFIALINPDRRMTIDN AND RF.WIRFEMEHIP GENERAL U^1 D ERICH ERISTINO ORADEA AD/AEEN I TO NEW 1� ESIS1 WO STRUCTLIRES.u NUKE TREES.Brie AM61501S,ETC. CUXSTAUCTION AND TO ENDURE PROPER DRAINAGE AND DLEi101ND DF n RAT ARE TO REMRIN FROM OANNOEOLRWIGCIXJ31 FACTION AERN.0 INCH DEPTH OP A TDP531+CTWIIRISTRI END TPIALT RE',Lao ON ALL AREAS MOWED FOR WODLTR TYPSI TURF SEED AND A MINCES WE.TES OF T(PEEL SHALL MP/ACED ON ALL TYPE II REED IEW WADES WITH EOIEIIADOIEB y'DTORADE.S BHDWNARE TO CONTRACTOR THALLBE REBPOHASILEFLW CORAECTINO ANT AREAS,EeDLIIDMD AREAS THAT ARE HMG SURFACED,OR STATE00ThETIWISE THE IOFLSILWLILL DE FINE SPACED,NAKED AND DNAD0BO T0PE0YIDE A5N10OTH,L1NIFORMSURFACE TOPSOIL GRADER FINGHGRA*.(0NTRAtTGXHIEULL ELTBCLII IN APCPRIVHICE WITH MS SHUT.BE WITTEN 9SFEEr OF INpICATE0 EVEBHB06T'ADE AND EILALL SE TAM TO•RIAAFXTCSI101XN ON PLANS' THE PLANA OETAIEAAND SPEEN/CATIOFLT CUOMO TOR SHALL HELD y! MANDE TO ERIE NOD HE TO RENNET AlT CONTRACT OR•S - _ _ VERIFY AND WT CONFIRM Al L GRADER 11111*IA,E,V EER INITIAL 11e E]IPENEE}AHD IS CONBIDER G EO IHDENrAl TO ERE p]NFRICT _. 1 SURVEY STARWG WORK AND PRAM TO START WALL DRI SUBCLIT REQUIREMENTS: SW&E SHALL BE STAMLILED SOD DAC-A AND -- 1 MIR STORMS IFS mum, l_Y ITENSIDHS FAKE PRECEDENCE OVER SCALE.FIELD VERIFY VVI GRADES AS S11OYNl ARE TO FLMSH GRADE DGVIAROE PONT PRIME 0AHDUHE • TrP.BEE DETAIL ITEMMS E6614 EE FIELD VERIHEP BY NIECE/N.1W TOR. &AI3ILILE SW ALE 1101T0M WITH FROIROA DRAJINTT CONTRACTOR SHALL SMEAR IN CONTROL RLANNET(EAT-M..AKTl1RALNET)l �+,L� P B PAVEMENTS TSf ANIMSREMTITRAILS9ILESESA1 E0OTHERWI y Abe DISCREPMUER FOUND THAT MFERE THE WORK SHALL SE ADOOREMREE WITH THE piJois DEfNLS �' �. R3,T PAOSI MYENENt9f AND ASPHALT TRAILS LNlLE6tl tiTM1fEq OTHERWISE J Iq �igl HEPpN1ED to TIIB OVfHEWt A-M.FGH CLARIF1Ch11pN PRIMI woo AND SPECAPIPATIpN6 AND MOW SEED RNA 05.111. _ 1 �: LN11ME PLAN. Y Y I{Q I; AFDITIONAI-YAOTAL BEING COMPLETED. ARAIST RAT ESEVATIJN OF ERI4TINO L'EP.J1f: - ®' L. PUi-Ai0$PECTFIalMA1 FOR ADUTPXALREDUIPEMENTE AHD _ P 7 • n _ STRUCTURES TO M1NTCII FiMBII FADE • _ INFLfiMAIIDN. UT1LGI'NOTES: �`-- ./ •�_ B/E a00 nbq-n.• !' 3 SEE ENLWC*RENT PLAN _ eFB_ _ ,� PRR%1 TEHEDIHNINr:WARNOX INIS IVATE UTIliTY.THE CIJNTPIACrgE - nTf` �_ -•� , f SR&TIlE5 HAVE ML ADBLICAND PRIVATE.STRUM LOCADERS MARRED Ea/ ei) ' T.L' yTe --- _ THE PR01'EGi SITE. •--AT9 '�i '_ - _ _ - , COAL BIRDER.SEE OEM..• DISCREPANCIES sermzEN LOCATIONS SHOWN AS E]g MA V •'�x, l` `, 7RA34 l 55555 T iAMIIII .' , AAy I SONINTILWS ON ELAN SHEETSIHD TifOSE ACTUALLY PAWED ON TTIE kN0 IIl CONINr1L5NT •M�. ' 1 I:. [aT �... ��. • 1• L' .. r••+�`•••• LL Tom+ Alit T, PROJECT BITE SHAILREIMMEDNTECY 9ROLI.7TT TO THE AMNION FTcTLCE,SEE OBTNL � r �:�.j,,��E >� r �� A OF THE EA•ENYNNER ALL LOCATE.'.SHALL BE INCIDENTAL TOPE Pe . 'T T 11 T T 1 1 1• T 11.14.Besse 1 :... `i� 'APPROI.LOCATION OF 1 4.i.._ -.... L FI. 111 ..5•' ". ,`5yA t 1 T r "`��� E%ICIINGIRPLGATPN LNIN \ :f OE y pRPJECt Ai LS ,`1 'I'•� } L Y'4. -�� PROTECT fNARINO iTPfLGING `� _ 1R] STATE RAW:AS ROWS BEFORE[:rCAVA1 RLy.CALL LtTPHEA STARE �� ',1' ', I.' 1 '* 11 ��I ` .AGTNIttI l • r�, '�. , �, `i IN ENC}oYEARDWom Eg5 r• EI CINERALL AT rStae RUCK FOR FIELD LOCA-NoN a uNDERDROUND 1� .: '>� 1 1, 1 T. �K pq nl '' 1+Wllnan i LL `� 1 4 fy7ylj A! UTR IV'LANEY MS IRA FREE EEMT;E YIMrai WILL Locma 'y ' , ` 10 r3 ` 1 ORLI MEEMPANY LINES.BUT WILL NOT LOCATE Me OR 91WATELY I ' , ' I eA1.011�. SORROW EFSm L i yy aY?IFLe LANES r v MP IT Ea6M 1 �.. I • EI•M]I .; RIDLLE ►. _ . I• y T,•• ` , l , , 9ESI •. le�. - ® .. WNW1.w,w:io .� Cosa ....... 13 HEP ER TO CIVIL PLAN SHEETS FOR,FIANICATICN RELATED TO B I y �J ►• '1, `,� de '.• r �,� -• 11 Saws 1' ;Ill PRCPOBEDVrILInES.CODRGNIATE WI I ELEOTAICM CONTRACTORS. Cc E41.13 , , 1' •• a �l FGR STYE ELECTRIOAA ROHR ARO SETE LWNTIMT. 1 �! 1� ••- y P� 11 ` 11g .._ eeT�AEi.v - ,�+IL ` . _ E"'-'s- �' .� I a s ,} , I :v is i }ti �• .„,.• • II IObt. EROSION CONTROL REQUIREMENTS: _`1.IN #� 1 ' . _ -,.D- A II ,1 �_ ---- _- ^-�a. .•., Quffl �Z\}y j em.n s !KNEW WOE.M611ILn3 WALL DE UWE,FE N....TM WARE Or WDRDLI.,BEE `I1,)R 1 `,a�� INN I * I .RM �. �- , _l"d1 . . __ r- I IHE CNLETRUCRON UNITE IN NA AREAR of ow FITS NM..DRAMA. •jai.. DETAIL ABC IL]_J--.2 �� , .3 w1'I 1I N. Y 11 1 M•?' a I. _--- _, l - • FLD'AILMAYCALIEE BEp5NEYIt iG SE iEPDNTED tAA,CERL,FF-LIE . _ J _ pRpPERilEBCRINAREAS EIFYMnSHFGEHHRIUongULIMTS.E15FER - 1 _ _ - I ~ - 1 EHD$InN CGLI RDL 6'l.F Fq HAIL,pEFERfi MIIDg16PECIFTPAtIfKIRfORERpRRk/eeMIWL ' • ,��% eeaeT ' �� I I y 8E6.]t � .._ �'-- - �- -' - FENCE,SEE DE FAIL 4 Rj � ;p MElliDDSAE,MEEK... V'I 1 '` . .. .1I PRAY COfyTA1NER]:Inn_ � ERE CONTRACTOR aT1ALL PROTECT N5ENIBTIHO AND AFAIF DCATCH ...��� • } Rubed, - - _ y�.b EARNSPART STORM CENTRE FROM esiMELMI EY ORTALLINO AND ' • AN4 _ _ �� .. ` �.BBdAC,`^- •1 ',1 '��-_` �_-_ .. L, w _ - 9 M,UHrAWMLD EROSEDH CONTROL KMVSWIrINN OR AROUND ALL T .r - I`I, _ J 11 1 ' • - ..E 3 siHI1CWEe PON DR WIRADDk OF IRE CENSURE:NCN PEREXI.THE ".1-,L 0,1�1111 p�I - I IA /,- __- _ y C Elf:soe.ee i °. n�pRHt.7 .} /11 ._ ��-.., II Sw' CONTRALTOS NINELLTAN D4FALIeDLI,FIppAIAU STORM SEWERS • �. - �I.d1 - y1111 1 Y _ _ �!. - - - E. AFFECirDfIYL[NLerkUC110k,A91rtillnkED,IfuRINacO[LSTRUCIIDV -_. _ _ �- - __ - � -', Ll 5 AILPHIOR TDPWAL ACLFPlA"V r Tre_PRDA'PT TLIE LEINTrIP -, OW. ''f. '' • 1• ii .,* aerie',-.,. _ d _ _ 1... _ E o m EIMLL LINESMEN:WET MMEDETE EL...R.0F All M RDIRT AM[ LA 1t�� + •\ • ? • R •,\+T 9ENu5IR Pl mlr3TREErS 8B➢ES I\ /lL\. f II IFGENO: Z' uroNrRACTLYiBWxL REAEOI NREI[PIINUE nCSRIIF ILUERuyIGN1 epgel', .. � 1 �TIA� \t �. �"T —«�"mImFPI WLIIU I SFONENE IMPEDE.WPTI FHRTTAELER ON STAFF FOR I ICE MRIPCM -J"`l n y I '`1 A PAM" y�p,py GE THE PROJECT FOR INSTALUTIMS AND WEEKLY NN3PEENEOR OF ALL .J ` C� I FOlIVIA MECEUT 1tiill NPOENNR ODE. IREMENEU.REFER FSAPPFS AS f1M15 FAN /` , ' I r .o �L e57 `I1 x AOpfIDNV REQUIREMENTS •__ ..____ _�S y fRl. emu 5] �L 'g d. .��rcON A1NeR r:iq.T • 1 �•f D .e } 1=,I p TILER ANENEWRDATIKAN rt.1 NLAJaNITEUNUFMAACEEIOR Nil.eEeaO ug .~•: /C-•J •.— °� •' Yi , • f=-w¢1.\ °°`15R1 5.°� I . ,•' �®'mu.�I vd CATEDDRYIFRCSCITPCNILROILIANKEr 9NLLREAHYTED At rlle TFelu �I '�a W• ''`"•- _ ! Y+_ - I L' A11 SODA A TEMANNARV ATAERltAAMEI WW1 leMpORWLEMILY Be `�1 _ r SIC_ , n 11 I ww ° INPLEMENTEO WREN PFJUWlENI ATABILI]'AIION L'LLIIIIOT TIE ilE=:•, e •� •- .MiATP 1' 'r••, I PWLeARNIE13NI O/l CAVE At IeR OpRE RNUCT kH AGHVI FY W DiA1 �' maim Ge NE SITE Ms TELWOHARILY ON PCHRUTRN R Y CG3E O. I • ._4 _ •.'�. .�� f LP II,y;,Qy' 1: EROSION CONTROL ORE r ",, ._ —— —— y REFER TOLANCSGAPE RESTORATION ALAI!Km ADETK]IML FENCt;SEE tlE1AIL `� T' 1NFKIPANTgN[IN PERAL41EM RIVE.REFER IOI�LYrIIIH I =TovvlM, CPWITgN6TERpVALA PLAN rug['R&M:AMAIE I EN GRWNAr1E AHD - ,-� I I LBW 0011 Mat MCI MAIM 0MP INFOHANTION.BAP DETAIL,CAR AE MUNR OE PLAN L MEILEI[Al1EOILB DE-FAA SREFrB AND IN 11TF VLrNKxTi116fAXTMR4 ,:_ * 1 - I i TwRoII CENSTRUCigN9EINL L - - Nile - _f--?g Ex n93,0r II a�u.wTHnLN ? •ALL TOACLI RT IIASUOII AND SONNET VLYI WM WET MEE RE - ,� • - .. aT1 REMOVED UPp1 RINL tiWeILLTATIM - --,..3:. 1 i 1 F•LMwa l7 2 THE PERMUTES MIST.ATMNMAIIM,INSPECT MARTON AND RENNIEALL ��_ _ I1 mL,Mmlcriv+ y1•5 •F DISTWIaED SE1FAATIHN1 CROWN ARo nEowTExr eaxrwn.FActlrlea + 15 i ,,ii 4H0%oR StAAILTAATI[1N MEATY UII EVCNY WLY WOWl10 PERFORMED DN r K TIRE&TE AND AI IEASF WEE%LY UNTILEHIIILIBTUABING IIEOE 1HAS - J I 1J 1 S REESED.LIEREAAIOR TREAERMIITEE MUST PERFORM RIESE l• CDIR BIORGl1ti 11 A RISEILISBI RESAT LEASE WEAWLr NAOS VEGETA rra OEN.Le rJ ZED SETAE VOL LJRTACTS[O COWL reD6OF MERSTM TSAW MA D E NE]TMIANu 1 - Lj' iiii • f PERywus UPON HlDLi LN[vl OF pDNRTR11JI1[/N MAD ER /r DEC...RD rFCS THrDUGN con.011 tOAIENT A)1D)R TIP%ND 10 A METH 1 of T E I CAM WLIIF 1666.IAl,1 COIF IOAVDIR LIMN IBF,15111 AORDI AM1 Overall CiraalnO giHEA CAM NND YEGETA H W PRIER TO FETAL NEVIIIXTATKIH ON EER. STA1IHtAtl0N "F IN[ LN'•TEET A Leto CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.V. Bill Olmschenk, Award Contract for Pheasant Woods Parking Parks Construction Supervisor, Lot and Trail Rehabilitation Installation to Parks and Recreation Midwest Asphalt Corporation Motion Move to: Award the contract for the rehabilitation of the bituminous parking lot and trails at Pheasant Woods Park to Midwest Asphalt Corporation in the amount of$71,588. Synopsis Staff publicly advertised for the Pheasant Woods parking lot and trail bituminous rehabilitation. The plans and specifications were prepared for the rehabilitation of approximately 1510 SY of parking lot and 2910 lineal feet of 8 foot wide bituminous trail at Pheasant Woods Park, 8420 Mitchell Road. Sealed bids from four contractors were received. Background This project replaces the surface of existing parking lot and 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. These trail sections cannot be renovated using the standard surface treatment of a rock chip seal coat; but must be rebuilt to provide a safe and useable trail surface for the next 20+years. The funding for this rehabilitation project comes from the Capital Improvement Program. Bid Summary and Recommendation The summary of the bids submitted is as follows: Midwest Asphalt Corp. $71,588.00 Bituminous Roadways, Inc. $73,525.00 Northwest Asphalt, Inc. $75,854.00 Minnesota Roadways Co. $77,456.50 Staffs estimate for this bituminous parking lot and trail rehabilitation project,based on 2015 bid/quote information was $80,000. Award Contract for Pheasant Woods Parking Lot and Trail Rehabilitation Installation to Midwest Asphalt Corporation April 5, 2016 Page 2 Each of the submitters met the guidelines as detailed in the bid specification document. Staff recommends the contract be awarded to Midwest Asphalt Corporation. The bituminous parking lot and trail rehabilitation and project work will begin in July with completion by August 19, 2016. City staff will restore the private property lawn areas disturbed by this trail work. Attachments Bid Summary Sheet Contract BID OPENING FOR 2016 Pheasant Woods Parking Lot and Trail Rehabilitation 10:00 A.M., Thursday, Feb 4,2016 5% BID FIRM NAME BOND R.C.V Form TOTAL BID AMOUNT Math Check Midwest Asphalt Corporation X X $71,588.00 OK Bituminous Roadways, Inc X X $73,525.00 OK Northwest Asphalt, Inc X X $75,854.00 OK Minnesota Roadways, Inc X X $77,456.50 OK FORM OF CONTRACT THIS AGREEMENT, made and executed this 5th day of April, 2016, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Midwest Asphalt Corporation,hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Parks and Recreation Department referred to in Paragraph IV, as provided by the CITY for: 2016 PHEASANT WOODS PARKING LOT AND TRAIL REHABILITATION CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the Park Construction Supervisor. The aggregate sum of such prices,based on estimated required quantities is estimated to be$71,588.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal d. Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MN. By Its City Mayor And Its City Manager CONTRACTOR In Presence Of: By Title And Title Revised and Copied into Purchasing Policy March 2013 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VTIT.W. Bill Olmschenk, Parks Award Contract for Pioneer Park Tennis Court Construction Supervisor, Parks Resurfacing to DERMCO-LaVINE and Recreation Construction Motion Move to: Award the contract for the Tennis Court Resurfacing at Pioneer Park to DERMCO-LaVINE Construction in the amount of$58,080. Synopsis Pioneer Park tennis courts are next to the Senior Center and get a large number of Pickleball court users. The courts have many cracks in the existing asphalt. Staff has received many complaints from court users of the existing conditions and potential for injury. These courts have been crack filled and resurfaced several times with the same cracks showing up in the next year or two. Without total pavement reconstruction of this location, which would cost approximately $200,000, Titan Trax Shield creates a new court surface in one month's time. Titan Trax Shield is a polyurethane sheet that is a moisture resistant protection shield for the underlying base. This product allows for a new playing surface. Staff received two quotes from factory trained and approved Titan Trax Shield installation contractors. Background This project is to mill raised cracks flush with the surrounding surface, clean and wash surface as required, fill all cracks with acrylic patch binder, tape,patch, as needed for proper drainage. Provide and install Titan Trax Shield over entire surface per manufacturer's specifications. Apply a 4-coat color system using Laykold Acrylic resurfacer with filler and Laykold Acrylic Color with filler. The courts will be lined for 2 USTA tennis courts and 6 USPA pickleball courts. The funding for this rehabilitation project comes from the Capital Improvement Program. Bid Summary and Recommendation The summary of the bids submitted is as follows: DERMCO-LaVINE Construction $58,080 NGI Sports $68,390 Attachment Standard Agreement for Contract Service Standard Agreement for Contract Services This Agreement ("Agreement") is made on the 5th day of April, 2016, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and DERMCO-LaVINE Construction, a Minnesota company (hereinafter "Contractor") whose business address is 3417 48th Avenue North, Minneapolis, MN 55429. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for Pioneer Park Tennis Court Resurfacing hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Agreement shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of April 5th 2016. The work should be completed by September 1, 2016. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the park 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 $58,080.00 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 John Charles to Manage the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: 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: 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. Standard Agreement for Contract Services 2014.01 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: Dermco-LaVine Construction 3417 48th Avenue North Minneapolis, MN 55429 Standard Agreement for Contract Services 2014.01 Page 5 of 8 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: Bill Olmschenk City of Eden Prairie 15150 Technology Dr 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 Standard Agreement for Contract Services 2014.01 Page 6 of 8 further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 17. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the agreement void. 18. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this 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. Standard Agreement for Contract Services 2014.01 Page 7 of 8 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 Mayor City Manager CONTRACTOR By: Its: Standard Agreement for Contract Services 2014.01 Page 8 of 8 EXHI : IT r n NG1' -17A.-NJ -Fg Guaranteed Crack-Free , faces ENGINEERED FOR SPORT PRODUCT SPECIFICATION TENNIS COURT OVERLAY 1. Product Name . TitanTrax Shield®-TN indoor/outdoor 2. Product Description A. Patched & repaired concrete or asphalt pavement B Prefabricated TitanTrax Shield-TN Fabric & Seaming System C. PolySeal Primer D. ACR Binder E. Color Surface Finish System 3. Basic use The TitanTrax Shield® -TN (hereafter "Shield-TN") is used indoors and outdoors over existing asphalt and/or concrete tennis courts to rejuvenate existing tennis court surfaces as well as covering unsighlty cracks which may exist. The Shield-TN base mat is manufactured in 12' widths minimizing the amount of waste and the number of seams. The Shield-TN is not attached to the existing base except at the edges of the perimeter of the tennis court. The Shield-TN is: A. Thermally and dimensionally stable B. Acts as a water barrier both from above protecting the base layer below as well as the surface system on top C. Performs as a method to recycle damaged pavements and prepares them to receive a new surface 4. Composition of Material A multi-layer patented "Monolithic Pavement" composition court consisting of a repaired base over which the Shield-TN layer is loose laid and seamed. The Shield-TN is then primed with PolySeal Resin, coated with multiple coats of ACR Binder and finished with a color surface system with game lines 4.1 Base A levelled and crack filled asphalt or concrete tennis court base with a slope of 1 %. 2807 Walker Road. Chattanooga TN. 37421. 800.835.0033 F.:423.499.8882 info anngisports.com /www.ngisports.com cm d aura:so�m s®,M.. PRODUCT SPECIFICATION Tennis Court Crack Repair Overlay pp. 2 4.2 TitanTrax Shield®-TN Layer Prefabricated multi-layer, polyurethane impregnated sheet good which is supplied in rolls, engineered into a stable moisture resistant protection shield for the underlying base. 4.3 Tennis Court Surface An acrylic all weather tennis court playing surface. 4.4 Line paint 5. Installation 1. The asphalt or concrete base is patched and leveled as necessary to ensure no standing water. All cracks are prepared and filled with flexible, non- tacky crack filling materials. 2.The prefabricated TitanTrax Shield®-TN is un-rolled out over the prepared and approved substrate. The material is trimmed, butt-joined and top seamed using TTrax Seal polyurethane tape and TTrax Glass fiberglass tape forming a tight joint, not attached to the underlying pavement. 3. PolySeal primer is applied to the Shield-TN and allowed to cure. 4. All seams and joints are feathered using ACR Binder,and multiple coats of ACR Binder are applied to the entire surface 5. The tennis court color surfacing system is applied on top of and thereby bonded to the Shield-TN. 6. 6. The surface the game lines are surveyed and spray-applied or painted 6. Precautions Prior to commencement of the installation the base must be repaired and stabilized. It should have a slope of 1 % for excessive surface water to run off. Deviations should be not greater than +/- 4 mm under a 4 m straightedge. During installation the weather must be dry with temperatures not below 50° F. 2807 Walker RD, Chattanooga, TN37421 Nai ph 800-835-0033/fax 423-499-8882 info(a npisports.com /www.npisports.com ENGINEERED FOR SPORT • • - . VI 41 '6�� Recreational &Outdoor Services g.v. ,4.40 3417 48th Avenue North o Minneapolis, MN 55429 � . Vy ' Office: (763) 535-8250 ® Fax: (763) 535-8335 R_ www.dermco-lavine.com Bill Olmschenk Job: Titan Trax Shield 15150 Technology Drive Location: Pioneer Park, Eden Prairie Eden Prairie, MN 55344 Date: 3/9/2016 952.949.8536 bolmschenk@edenprairie.org Bill, We are pleased to submit a quote for installing Titan Trax Shield on the tennis courts at Pioneer Park. Work to consist of the following: ➢ Mill/scarify raised cracks flush with surrounding surface. (Approximately 250' ) ➢ Clean and wash surface as required ➢ Fill all cracks with acrylic patch binder/Tape & Fiberglass as necessary ➢ Patch / Repair/ Taper as necessary for Titan Trax Shield Installation ➢ Provide and install Titan Trax Shield system over entire surface, per manufacturer's specs ➢ Apply a 4-coat color system. (2 coats of Laykold Acrylic resurfacer with filler; 2 coats of Laykold Acrylic Color with filler) Finish Color — Dark Green ➢ Reinstall Tennis and Pickle Ball Lines ➢ Clean-up site. Total: $58,080.00 Notes: ➢ Any water required to accomplish job, is to be supplied by customer. ➢ Aging asphalt, improper base material and/or compaction, moisture, temperature fluctuations, vegetation and tree debris all have the ability to cause structural cracks and discoloration/imperfections to form and appear on all asphalt surfaces. After repairing cracks/resurfacing, these cracks and other imperfections can and will return due to the aforementioned reasons. ➢ If excessive delaminating/peeling occurs during the resurfacing process, an additional charge of $45 per man-hour will be added to address the peeling surface. (Not to exceed $1,400 per court) DERMCO-LaVINE, the Midwest's Recreational Experts for Four Generations Thank you Prepared by: Philip Thompson Accepted by: Date: If this bid is accepted, please sign and return the copy to us within 15 days. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #11-5800 ITEM NO.: VIII.X. Randy Newton Approve payment for acquisition of Parcels 26 and 27 for the southern Public Works/Engineering segment of the Shady Oak Road Improvements Requested Action Move to: Approve payment for acquisition of Parcels 26 and 27 for the southern segment of the Shady Oak Road Improvements for the combined amount of$261,611. Synopsis Condemnation proceeding were completed for Parcels 26 and 27. The combined payment of $261,611 is the difference between the Commissioner's Awards for the properties and the quick take payments that were previously made. Also included in the payment are attorney fees and expenses, appraisal fees, and interest as allowed per statute. Background Information The City Council previously authorized the City Engineer and City Attorney to pursue the acquisition of easements for the southern segment of the Shady Oak Road Improvements including Parcels 26 and 27. The properties were legally acquired on April 28, 2014 with quick take payments of$110,250 for Parcel 26 and $22,750 for Parcel 27. Negotiations between the City and the property owners over the value of the properties were unsuccessful. The City's final appraisal and offer for parcel 26 was for$135,000, and the owner's final appraisal and offer was for$388,000. For parcel 27, the City's final appraisal and offer was for$33,500, and the owner's final appraisal and offer was for$77,500. A condemnation hearing for the properties was held on November 16, 17 and 18, 2015, before 3 Court appointed commissioners. The Report of the Commissioners was filed on February 3, 2016 and awards as summarized below were made. Parcel 26 Parcel 27 Commissioner Award- $266,500 Commissioner Award- $55,500 Since the property owners were awarded more than 40% of the City's final appraisal, they are entitled to attorney fees and expenses, appraisal fees, interest and other related costs. These costs totaled$72,610.29. The final payment amount of$261,611 is the difference between the Commissioner's Awards for the properties and the quick take payments that were previously made plus the attorney fees and related costs. Legal counsel and staff have reviewed the information pertaining to these property acquisitions and recommend final payment in the amount of$261,611 be made for parcels 26 and 27. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.A. Community Park Nicollet Health Services Development/Planning Janet Jeremiah/Julie Klima Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment within the Office Zoning District on 4.61 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The proposed project is for the construction of a 12,000 square foot, 2 story medical office addition. The proposed project is to remodel the interior of the existing structure and to construct a 12,048 square foot, 2 story addition to the existing structure. Additional parking area is also proposed to be constructed. The building will continue to be utilized as a medical office building with the addition of dental services. The proponent is seeking PUD waivers to the parking setbacks for existing conditions on the north and west property lines. A waiver is also requested for the overall parking count. Background The structure proposed exceeds the requirements for construction materials on all facades, landscaping for the site, and includes the addition of bicycle racks. The architecture of the building includes varied roof lines and building wall articulations. These enhancements improve the overall interest, aesthetics and definition of the site. The project also includes a 10 foot easement along the west side of Medcom Blvd for sidewalk, trail and landscaping purposes. The following PUD waivers are proposed: 1. Parking setback along Flying Cloud Drive. City Code requires a 35 foot parking setback. The existing condition includes 2 parking stalls that are within the setback area at the northwestern corner of the property. The proponent is seeking a waiver to reflect the existing condition. 2. Parking setback of 10 feet along the western property line. The existing parking encroaches into the required 10 foot setback. The proponent is seeking a waiver to reflect the existing condition. 3. Parking count. Parking requirements for office uses are calculated based on gross floor area at 1 parking stall for every 5,000 square feet of gross floor area. City Code requires 182 parking stalls and the applicant is proposing 159 parking stalls. The proponent believes that the proposed parking is able to satisfy the parking demands for the business. The property includes a wetland on the southern portion of the parcel. This wetland has been rated as an exceptional quality wetland. Additional parking is not able to be provided on site due to the necessary buffers from the wetland. Due to the clientele served at the site, the parking plan does include double the amount of accessible parking stalls required. The 120-Day Review Period Expires on May 12, 2016. Planning Commission Review and Recommendation The Planning Commission voted 5-0 to recommend approval of the project at the February 22, 2016 meeting. Attachments 1. Ordinance 2. Staff Report 3. Location Map 4. Land Use Map 5. Zoning Map 6. Aerial photo 7. Planning Commission Minutes PARK NICOLLET HEALTH SERVICES CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2016-PUD- -2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Office Zoning District_-2016-PUD-_-2016 (hereinafter "PUD-_-2016-OFC). Section 3. The City Council hereby makes the following findings: A. PUD- -2016-OFC is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2016-OFC 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-_-2016-OFC are justified by the design of the development described therein. D. PUD- -2016-OFC is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of , 2016, entered into between Park Nicollet and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-_-2016-OFC, 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 Office District and shall be included hereafter in the Planned Unit Development_-2016-OFC, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 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 April, 2016, 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 , 2016. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2016. EXHIBIT A PUD Legal Description — Tract A, Registered Land Survey No. 1394, Hennepin County, Minnesota Registered Land—Certificate of Title No. 1125703 STAFF REPORT TO: Planning Commission FROM: Julie Klima, City Planner DATE: February 17, 2016 PROJECT: Park Nicollet Health Services LOCATION: 8455 Flying Cloud Drive APPLICANT: BWBR OWNERS: Park Nicollet Health Services 120 DAY REVIEW: Expires May 12, 2016 REQUEST: 1. Planned Unit Development District Review with waivers on 4.61 acres 2. Zoning District Amendment within the Office Zoning District on 4.61 acres 3. Site Plan Review on 4.61 acres BACKGROUND The Comprehensive Guide Plan designates the property for Regional Commercial land use. Surrounding land uses are guided Regional Commercial, High Density Residential and Medium Density Residential. The property is zoned Office. Surrounding properties are zoned Commercial Regional Service, RM-2.5, RM-6.5, and Rural. SITE PLAN The existing use on the property is an approximate 12,000 square foot, 2 story medical office building. The proposed project is to remodel the interior of the existing structure and to construct a 12,048 square foot, 2 story addition to the existing structure. Additional parking area is also proposed to be constructed. The proponent has indicated that the structure will continue to be utilized as a medical office building with the addition of dental services. Access to the site is proposed from Medcom Blvd. The existing parking area is proposed for expansion to the southeast. The overall structure exceeds the construction material requirements per facade for 75/25% materials. A combination of materials are proposed that are within the 75% required category including glass, architectural precast, and face brick. The architecture of the building includes varied roof lines and building wall deviations. Staff Report—Park Nicollet Health Services February 17, 2016 Page 2 The required landscaping proposed on site is a combination of coniferous, deciduous and ornamental trees dispersed throughout the site. The additional landscaping provided in excess of the City Code requirements includes shrubbery, perennials, and grasses. These landscaping materials will provide a variety of texture and color to the site throughout the year. The proposed tree replacement plan is compliant with City Code. The plan includes a proposed 10 foot easement along the west side of Medcom Blvd for sidewalk, trail and landscaping purposes. A determination of the appropriate pedestrian facility will be made by City staff as a part of the Medcom Blvd. design process. The proposed site plan also includes the installation of 4 bicycle racks that will accommodate bicycle parking on site and further the objectives of the City's Bicycle and Pedestrian Plan. PLANNED UNIT DEVELOPMENT WAIVERS The following PUD waivers are proposed: 1. Parking setback along Flying Cloud Drive. City Code requires a 35 foot parking setback. The existing condition includes 2 parking stalls that are within the setback area at the northwestern corner of the property. The proponent is seeking a waiver to reflect the existing condition. 2. Parking setback of 10 feet along the western property line. The existing parking encroaches into the required 10 foot setback. The proponent is seeking a waiver to reflect the existing condition. 3. Parking count. Parking requirements for office uses are calculated based on gross floor area at 1 parking stall for every 5,000 square feet of gross floor area. City Code requires 182 parking stalls and the applicant is proposing 159 parking stalls. The property includes a wetland on the southern portion of the parcel. This wetland has been rated as an exceptional quality wetland. Additional parking is not able to be provided on site due to the necessary buffers from the wetland. Due to the clientele served at the site, the parking plan does include double the amount of accessible parking stalls required. The site exceeds the requirements for construction materials, architectural details, landscaping and provision of bicycle parking amenities. These enhancements improve the overall interest, aesthetics and definition of the site. SIGNS All sign permits will require review and approval through the sign permit process. SITE LIGHTING Prior to building permit issuance, a photometric plan that is includes identified property lines and is compliant with City Code including the 0.5 footcandle requirement at the property line is required to be submitted. Staff Report—Park Nicollet Health Services February 17, 2016 Page 3 STAFF RECOMMENDATIONS Recommend approval of the following request: 1. Planned Unit Development District Review with waivers on 4.61 acres 2. Zoning District Amendment within the Office Zoning District on 4.61 acres 3. Site Plan Review on 4.61 acres This is based on plans stamp dated February 12, 2016, staff report dated February 17, 2016 and the following conditions: 1) Prior to land alteration permit issuance, the proponent shall: a) Install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. b) Provide a tree replacement/landscaping surety equivalent to 150% of the cost of the landscaping plan for review and approval. c) Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer. 2) Prior to building permit issuance for the property, the proponent shall: a) Provide a photometric plan that identifies property lines and complies with City requirements. 3) The following waivers have been granted through the PUD District Review for the property: a) Parking setback along Flying Cloud Drive to allow the 2 existing parking stalls at the northwest corner of the property to be located within the 35 foot required setback. b) Parking setback along the western property line to allow the existing parking to be located within the required 10 foot parking setback. c) Parking stall count of 159 stalls. City Code requires 182 parking stalls. 4) All signage shall require review and approval of a sign permit. Area Location Map - Park Nicollet Expansion Site Address: 8455 Flying Cloud Drive, Eden Prairie, MN 55344 /7 n °o u Cr,S,t / \ ) Prairie Center Drive /41,"0> -- Flying Cloud Drive / ,' �— m \egRDIFF LN N —PORCUPINE CT - AI A L Ro 0 170 340 680 Feet 1 1 I I 1 I I I 1 Guide Plan Map - Park Nicollet Health Services 8455 Flying Cloud Drive, Eden Prairie, MN 55344 CP -- I m r‘F,/ °o ♦ �iR�gi Prairie Center Drive . /-- ��Rio � Ftir SRO R CASTLEMOOR DR Castlemoor Drive 411 m G•- � te- Medcom Drive oc .4 ti1ED OM BLVD ato Flying Cloud Drive CARDIFF LN City of Eden Prairi - Land Use Guide Ilf A 111Z161 p 00 1 -203 • 1p...- MI .M. 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 . . +;. ,t -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 02 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 Water EIVE•wORK•DREAM f� Office/Public/Open Space Right-Of-Way op,.... .o..m_..„®.o..o.a, 280 140 0 280 Feet - Industrial Zoning Map - Park Nicollet Health Services 8455 Flying Cloud Drive, Eden Prairie, MN 55344 ' 1,411,-44010 /1 ii , A� Z o Castlemoor Drive /0 ./. in\____ 1 9, ,/,/,/4:iiii(_____4116.,' '' ;10%iit ,,,,71 iiismir Prairie Center Drive CASTLE OR DR SITEiiFOOOMBLVD ‘111% IP Ozipli O„,90IFF LN 11101.!' Flying Cloud Drive ' M ••: k r Jo` / 4• 4 siiii,7 Mapall =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) . 1 1 ,f. t R1-9.5 One Family-9,500 sf min. _Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ll Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDE Office AI Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE iIF t Neighborhood Commercial I I Golf Course Date:March 1,2009 Community Commercial l I Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance tIVE•W0BIC•tlIi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I I Right of Way -Regional Service Commercial 0 0,075 0.15 Milesm°au_...m..=m._..®..g..o.a.,a ..o...i.•..m ,..,,mo, Aerial Map: Park Nicollet Health Services Address:8455 Flying Cloud Drive, Eden Prairie, Minnesota 55344 71111111, ..,, ...,.;1t4 i„i rA Am..-,.i...r. _I ,"„,-jr •A,f..i-,•.O,r: ,m•i r-t'•i'g L..-i _i,7•ii '.,__m__';„-...- /I y ' 4,14.f4- ..' I/AFC ' •:A • Is FNp , 3,.1.',.„ f " •` �' o . Prairie Center Drive l 1 .. Castlemoore Drive CAS4T-3L1ErMOOR QR , 11• ,94y/6, i R ti F. t 1 1 ,\, ,� • t , Tt •s% 4 1 , exi,_ ,,, le 4. F , / ` , t• s • • • 0 LI *Kit / / ', 4r. ads Ad11011" -11 . z.A,:re' • . IL*. / --,,..... , a it : : . Medcom Boulevard 0 °� < , Flying Cloud Drive ;`: _ ; _'. ,. ti do, �! Sri�h". .< b +. rf,I, f: Nia N PORCUPINE CT _ IIIIP r. • J . . 0 1 5 290 580 Feet -__` DARNELRD -_ APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, FEBRUARY 22, 2016 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 CITY STAFF: Julie Klima, City Planner Rod Rue, City Engineer Matt Bourne, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Pieper and Weber were absent. II. APPROVAL OF AGENDA MOTION: Wuttke moved, seconded by Kirk, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON FEBRUARY 8, 2016 MOTION: Higgins moved, seconded by Farr, to approve the Planning Commission Minutes. Motion carried 5-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. PARK NICOLLET HEALTH SERVICES Location: 8455 Flying Cloud Drive Request for: • Planned Unit Development District Review with waivers on 4.61 acres • Zoning District Amendment within the Office Zoning District on 4.61 acres • Site Plan Review on 4.61 acres PLANNING COMMISSION MINUTES February 22, 2016 Page 2 Liz Narum, engineer for Park Nicollet, 6500 Excelsior Boulevard, St. Louis Park, introduced Sally King, Park Nicollet Clinic Manager and Nursing Supervisor and Erin McKiel, BWBR engineer. Sally King stated they are looking to expand their family medical building. They currently have six clinicians and would like to be able to add more and grow the clinic as a whole to accommodate more patients. Erin McKiel pointed out this is a two story clinic that they would like to add a new addition. With this new addition, they would like patients to enter on the east side of the building. The first level of the building is the rehabilitation department and the second level is where patients would be seen. Park Dental would also be added to this building. Ms. McKiel showed a PowerPoint of the 2-story expansion. She pointed out more light would be brought into the facility by having a glass entry area. Chair Stoltz asked Klima to review the staff report. Klima said this is a 12,000 square foot, 2 story building and the proponent would like to construct a 12,048 square foot, 2 story addition to the existing structure. The proponent is requesting PUD waivers for the parking setbacks for the existing parking facilities and a waiver request for a reduced number of parking stalls on site. Staff is recommending approval based on the conditions listed in the staff report. Higgins said she has concerns with the egress of traffic on site. John Donovan, civil engineer with Loukes and Associates, of 7200 Hemlock Lane, Maple Grove, said they did not conduct a traffic study but rather worked with City staff and feel both parties are comfortable with the parking situation. Rue said they are aligning the driveway with Joiner Way, which would make it safer and because of this the City does not have any concerns. Kirk said he has been a patient there and has no concerns either. Farr asked the project proponent what the plan is for the trash enclosures. Ms. McKiel said the trash receptacles will have enclosures around them consistent with city code. Wuttke asked the project proponent to address signage and visibility. Ms. McKiel said they would like the signs to be located higher on the mechanical screens and will be working with the City on this. Klima said the sign package is not part of the proposal this evening and pointed out City Code does not allow signage above the roof line. Chair Stoltz opened the meeting up for public input. There was no input. MOTION: Wuttke moved, seconded by Farr, to close the public hearing. Motion carried 5-0. PLANNING COMMISSION MINUTES February 22, 2016 Page 3 MOTION: Wuttke moved, seconded by Kirk, to recommended approval of the Planned Unit Development District Review with waivers on 4.61 acres; Zoning District Amendment within the Office Zoning District on 4.61 acres and Site Plan Review on 4.61 acres based on the information included in the staff report dated February 17, 2016 and plans stamp dated February 12, 2016. Motion carried 5-0. VII. PLANNERS' REPORT VIII. MEMBERS' REPORT A. COMMUNITY ADVISORY COMMITTEE (CAC) REPORT Klima said the Community Advisory Committee meeting was cancelled for tomorrow night and the next meeting will be the last Tuesday in March. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION: Kirk moved, seconded by Farr, to adjourn the Planning Commission meeting. Motion carried 5-0. Chair Stoltz adjourned the meeting at 8:20p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Riley Bluffs Development/Planning Janet Jeremiah/Julie Klima Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 5.9 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Rural to R1-9.5 Zoning District on 5.9 acres; and • Adopt the Resolution for Preliminary Plat on 5.9 acres into 10 lots, 6 outlots and road right-of-way; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Background Information This project is the subdivision of 5.9 acres into 10 lots and 6 outlots. The preliminary plat shows 10 single-family lots at a gross density of 1.7 units per acre. The lot sizes range from 7822 square feet to 12,105 square feet. Waivers are requested for required lot size and lot width of the R1-9.5 zoning district; frontage on a public street; setback waivers and garage lot coverage. The granting of the waivers provide for a subdivision design that lowers impact to and maximizes conservation of the natural corridor of Riley Creek. In addition to deeding of Outlot E to the City, the project proposes the incorporation of solar ready construction, provision for electric car charging stations, and improved wall insulation in the units. The preliminary plat shows six outlots. Outlots A, B, and C provide for biofiltration, Outlot D includes the stormwater ponding area. Outlot E will be deeded to the City for conservation purposes. Outlot F is the private drive that will serve the individual residential units. The 120-Day Review Period Expires on May 24, 2016. Planning Commission Recommendation The Planning Commission voted 4-0, with 1 abstention, to recommend approval of the project at the February 22, 2016 meeting. Attachments 1. Ordinance 2. Resolution PUD Concept 3. Resolution Preliminary Plat 4. Staff Report 5. Location Map 6. Land Use Map 7. Zoning Map 8. Aerial photo 9. Planning Commission Minutes RILEY BLUFS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2016-PUD- -2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the R1-9.5 Zoning District_-2016-PUD-_-2016 (hereinafter "PUD- -2016-R 1-9.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of , 2016 entered into between Norton Homes, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD- -2016-R1-9.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD- -2016-R1-9.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD- -2016-R1-9.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD- -2016-R1-9.5 are justified by the design of the development described therein. D. PUD- -2016-R1-9.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the R1-9.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-_-2016-R1-9.5 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 April, 2016, 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 , 2016. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2016. EXHIBIT A RILEY BLUFFS Legal Description Prior to Final Plat All that part of Government Lot 2 and of the Southeast Quarter of the Northwest Quarter of Section 30, Township 116, Range 22 described as follows: Beginning at a point in the North and South center line of said Section 30 distant 775.5 feet South of the point of intersection of said North and South center line with the center line of County Road No. 1 said point of beginning being 844 feet South of the North Quarter corner of said Section 30; thence South along the North and South center line of said Section to the center of said Section 30; thence West along the East and West center line of said Section to the Southwest corner of Government Lot 2 in said Section 30; thence North along the West line of Section 30 to the center line of said County Road No. 1; thence Northeasterly along the center line of said road to its intersection with the center line of the new right of way of the Minneapolis & St. Louis Railroad Company; thence Northeasterly along the center line of said new railroad right of way to a point 1383.65 feet Southwesterly measured along the center line of said right of way from its intersection with the North line of said Section 30; thence South 62 degrees 06 minutes East 569.43 feet to a point in the Southeasterly line of above mentioned County Road No. 1; thence Northeasterly along the Southeasterly line of said road 1373.68 feet to the point of intersection of said Southeasterly line with a line drawn parallel with and 346.5 feet West of the North and South center line of Section 30; thence South along said parallel line 593.5 feet to its intersection with a line drawn Westerly from the point of beginning and at a right angle to the North and South center line of said Section 30; thence at a right angle East 346.5 feet to the point of beginning. Excepting therefrom a strip of land 75 feet wide along the Southeasterly side of the center line of said railroad right of way which strip is a part of said right of way. (For purposes of this description, the North line of Government Lot 1 being the North line of Section 30, Township 116, Range 22 is assumed to be a due East and West line.) Which lies Northwesterly of the centerline of County Road No. 1; except that part of said Government Lot 2 which is designated and delineated as Parcel 2 Fee Taking Hennepin County Right of Way Map No. 1. Torrens Property, Certificate of Title No. 1216691 Legal Description Following Final Plat Lots 1-10, Block 1; Outlots A—F, Riley Bluffs. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF RILEY BLUFFS FOR NORTON HOMES 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 February 22, 2016, on Riley Bluffs by Norton Homes 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 April 5, 2016. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Riley Bluffs, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof("Property"). 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated March14, 2016, 3. That the PUD Concept meets the recommendations of the Planning Commission dated February 22, 2016. ADOPTED by the City Council of the City of Eden Prairie this5th day of April, 2016 Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- Riley Bluffs Legal Description: All that part of Government Lot 2 and of the Southeast Quarter of the Northwest Quarter of Section 30, Township 116, Range 22 described as follows: Beginning at a point in the North and South center line of said Section 30 distant 775.5 feet South of the point of intersection of said North and South center line with the center line of County Road No. 1 said point of beginning being 844 feet South of the North Quarter corner of said Section 30; thence South along the North and South center line of said Section to the center of said Section 30; thence West along the East and West center line of said Section to the Southwest corner of Government Lot 2 in said Section 30; thence North along the West line of Section 30 to the center line of said County Road No. 1; thence Northeasterly along the center line of said road to its intersection with the center line of the new right of way of the Minneapolis & St. Louis Railroad Company; thence Northeasterly along the center line of said new railroad right of way to a point 1383.65 feet Southwesterly measured along the center line of said right of way from its intersection with the North line of said Section 30; thence South 62 degrees 06 minutes East 569.43 feet to a point in the Southeasterly line of above mentioned County Road No. 1; thence Northeasterly along the Southeasterly line of said road 1373.68 feet to the point of intersection of said Southeasterly line with a line drawn parallel with and 346.5 feet West of the North and South center line of Section 30; thence South along said parallel line 593.5 feet to its intersection with a line drawn Westerly from the point of beginning and at a right angle to the North and South center line of said Section 30; thence at a right angle East 346.5 feet to the point of beginning. Excepting therefrom a strip of land 75 feet wide along the Southeasterly side of the center line of said railroad right of way which strip is a part of said right of way. (For purposes of this description, the North line of Government Lot 1 being the North line of Section 30, Township 116, Range 22 is assumed to be a due East and West line.) Which lies Northwesterly of the centerline of County Road No. 1; except that part of said Government Lot 2 which is designated and delineated as Parcel 2 Fee Taking Hennepin County Right of Way Map No. 1. Torrens Property, Certificate of Title No. 1216691 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- RESOLUTION APPROVING THE PRELIMINARY PLAT OF RILEY BLUFFS FOR NORTON HOMES BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Riley Bluffs for Norton Homes stamp dated March 14, 2016, and consisting of 5.9 acres into 10 lots and 6 outlots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 5th day of April, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk TO: Planning Commission FROM: Julie Klima, City Planner DATE: February 17, 2016 SUBJECT: Riley Bluffs APPLICANT: Norton Homes OWNER: Carolyn & Richard Ingram LOCATION: 18900 Pioneer Trail 120 DAY REVIEW: May 24, 2016 REQUEST: • Zoning District Change from Rural to R1-9.5 on 5.9 acres • Planned Unit Development Concept Review on 5.9 acres • Planned Unit Development District Review with waivers on 5.9 acres • Preliminary Plat of 5.9 acres into 10 lots, 6 outlots and road right of way COMPREHENSIVE PLAN & ZONING The Comprehensive Guide Plan shows the proposed site guided Low Density Residential allowing a density of up to 2.5 units per acre. The property is zoned Rural. The project proponent is requesting a rezoning to R1-9.5. The surrounding properties are guided for Low Density and Medium Density Residential development. The surrounding properties are zoned R1-22 to the north and west, RM 6.5 and R1- 13.5 to the south and R1-9.5 to the east. PRELIMINARY PLAT This project proposes the creation of 10 single family lots at a gross density of 1.7 units per acre. The lots sizes range from 7822 square feet to 12,105 square feet. The applicant is requesting waivers to the required lot size of the R1-9.5 zoning district. The project also proposes the creation of 6 outlots. The outlots serve a variety of purposes. Outlots A, B, and C provide for biofiltration, Outlot D includes the stormwater ponding area. Outlot E will be deeded to the City for conservation purposes. Outlot F is the private drive that will serve the individual residential units. Staff Report—Riley Bluffs February 17, 2016 Page 2 PLANNED UNIT DEVEOPMENT WAIVERS (PUD) Due to the environmentally sensitive nature of the parcel and the desire to preserve these environmental features, the applicant is requesting waivers to several of the standards of the R1- 9.5 zoning district. The following waivers are requested through the PUD approval: 1. Lot size. City Code requires 9,500 square feet. a. Lot 1: 7822 square feet; b. Lot 2: 7837 square feet; c. Lot 3: 7840 square feet; d. Lot 4: 7840 square feet; e. Lot 5: 7872 square feet; f. Lot 8: 8271 square feet; g. Lot 9: 8038 square feet; h. Lot 10: 8884 square feet. 2. Minimum Lot Width. City Code requires 70 feet. a. Lots 1-4: 60 feet; b. Lot 5: 59 feet; c. Lot 6: 47 feet; d. Lot 7: 48 feet; e. Lot 8: 54 feet; f. Lot 9: 56 feet. 3. Lot frontage on a public street. Lots 1 — 10 have frontage on a private drive. City Code require lot frontage on a public street. 4. Front yard setback of 18 feet minimum for all lots. City Code requires 30 feet. 5. Side yard setback of 7.5 feet per side for all lots. City Code requires 5 feet on garage side with a total of 15 feet per lot. 6. Garage Lot Coverage. City Code requires that garages not occupy more than 7.5% of a lot. a. Lots 1-10: Up to 10% lot coverage for garages. 7. Driveway setback. City Code requires 3 foot setback from property line. a. Lots 1-8: 0 foot setback for driveway from property line to allow for shared driveways. The granting of the waivers provide for a subdivision design that lowers impact to and maximizes conservation of the natural corridor of Riley Creek. In addition to deeding of Outlot E to the City, the project proposes the incorporation of solar ready construction,provision for electric car charging stations, and improved wall insulation in the units. TREE REPLACEMENT & LANDSCAPING There are 1525 diameter inches of significant trees on the property. Tree loss is 721 diameter inches, or 47%. The required tree replacement is 453 caliper inches. The tree replacement plan includes 453 caliper inches meeting code requirement. The developer will be required to provide financial security for these trees. Prior to the public hearing at City Council, staff is recommending that the proponent update the tree replacement calculations provided on the plans to reflect the requirements. Staff Report—Riley Bluffs February 17, 2016 Page 3 SPECIAL ASSESSMENTS A special assessment agreement is required for the trunk assessments and deferred assessments will be required to be paid. STREETS The project is provided public access via Pioneer Trail. The preliminary plat includes dedication of additional right of way for Pioneer Trail. UTILITIES City sewer and water will need to be extended through the site by the developer. WATER QUALITY The proposed plan provides the required storm water treatment. STAFF RECOMMENDATION Recommend approval of the following request: • Zoning District Change from Rural to R1-9.5 on 5.9 acres • Planned Unit Development Concept Review on 5.9 acres • Planned Unit Development District Review with waivers on 5.9 acres • Preliminary Plat of 5.9 acres into 10 lots, 5 outlots and road right of way This is based on plans stamp dated January 25, 2016, the Staff Report dated February 17, 2016 and the following conditions: 1. Prior to the public hearing at City Council, the proponent shall: A. Revise the tree replacement calculations on the plans to reflect the requirements. B. The landscaping plan shall be revised to relocate trees from within the public drainage and utility easement for the existing and proposed utilities. C. The Plat shall be revised to remove the Proposed Wetland Buffer from Outlot D. The Wetland Buffer to meet City requirements must be within Outlot E only. D. Outlot E shall be revised to include Wetland Buffer and Conservation Easement over the entire parcel. A drainage and utility easement will be placed over the conservation easement. 2. Prior to release of the final plat, the proponent shall: A. Submit detailed storm water runoff, wetland, utility, street, and erosion control plans for review and approval by the City Engineer. B. Sign special assessment agreement for City trunk sewer and water assessment fees. Staff Report—Riley Bluffs February 17, 2016 Page 4 C. Pay deferred assessments. D. Provide copies of legal documents, either in Homeowners Association format or private covenant and agreement format to be approved by the City that shall address the following: • Describe the long term private maintenance or replacement agreement for the retaining wall that is to be located on and across Lots 4, 5, and 6. • Insertion of Language in the documents that relinquishes the City of Eden Prairie from maintenance or replacement of the retaining walls. 3. Prior to land alteration permit issuance, the proponent shall: A. Submit authorization of construction from Hennepin County Regional Railroad Authority for the outlet pipe for the infiltration basin located within Outlot A. B. Submit detailed storm water runoff, wetland, utility, street and erosion control plans for review and approval by the City Engineer. C. Submit a tree replacement bond, letter of credit, or escrow surety equivalent to 150% of the cost of the landscaping. D. Obtain and provide documentation of Watershed District approval. E. Notify the City and Watershed District 48 hours in advance of grading. F. Install erosion control at the grading limits of the property for review and approval by the City. 4. Prior to building permit issuance for the property, the proponent shall: A. Pay the appropriate cash park fees. B. Provide recorded copies of any Home Owner Association documents or private covenants and agreements to the City following recording of the final plat. 5. The following waivers are granted through the PUD for the project as indicated in the plans stamp dated January 25, 2016: A. Lot size. City Code requires 9,500 square feet. 1. Lot 1: 7822 square feet; 2. Lot 2: 7837 square feet; 3. Lot 3: 7840 square feet; 4. Lot 4: 7840 square feet; 5. Lot 5: 7872 square feet; 6. Lot 8: 8271 square feet; 7. Lot 9: 8038 square feet; 8. Lot 10: 8884 square feet. B. Minimum Lot Width. City Code requires 70 feet. 1. Lots 1-4: 60 feet; 2. Lot 5: 59 feet; 3. Lot 6: 47 feet; 4. Lot 7: 48 feet; 5. Lot 8: 54 feet; 6. Lot 9: 56 feet. Staff Report—Riley Bluffs February 17, 2016 Page 5 C. Lot frontage on a public street. Lots 1 — 10 will have frontage on a private drive. D. Front yard setback of 18 feet minimum for all lots. City Code requires 30 feet. E. Side yard setback of 7.5 feet per side for all lots. City Code requires 5 feet on garage side with a total of 15 feet per lot. F. Garage Lot Coverage. City Code requires that garages not occupy more than 7.5% of a lot. a) Lots 1-10: Up to 10% lot coverage for garages. G. Driveway setback. City Code requires 3 foot setback from property line. a) Lots 1-8: 0 foot setback for driveway from property line to allow for shared driveways. Area Location Map - Riley Bluffs Site Address: 18900 Pioneer Trail, Eden Prairie, MN • ILake Riley _ KF`� :111/1 Crestwood Terrace 4 n Highview Drive j / •\ N A / \ /4 *: • 4,4 11 y ,,,,.. , Pioneer Trail c, • , , ,A, is 14, , Oly Ow \ tt10%t 0 1, 1L*,410 AMP I( et /' 1 \ Settlement Drive i 1 r sw.-- g ) ., iEPo�\ I 2pi lip Trails End Road � - �N. & IMMIMUURRW. ��` Guide Plan Map - Riley Bluffs 18900 Pioneer Trail, Eden Prairie, MN 55347 / _ 1, •'/ . 65s),sw- , .-,, = , DArNF I. '‘ Lakeland 1111:46 IIP11°°° iip Illp Ito, c _illi 7 ,./ kti:. .,. All ii"/ 1., City of qt 41. Chanhassen Pioneer Trail ' ,..$% \ a% z••\-‘' ..,, 4 PO a 7 0 0 i co ��0�� * I 111 la i it#N Settement Drive V 11111111 Ilk - lik Trails End 04,E4A O * 11111 „ ar /1110.,.. Mil 110-11 4 s ,...,„.,,,,, Ap, low,v,,,,..,,, „, .„_-, .1 4,44,\I 1 City of E . ,a4 �' c *II% ow iii., 411Ir Plan M • W 031V 0 aTIFx i _______„ 41Ir 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 -03-06 DATE Revised 0-01-07 EDEN I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collect 02 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 WaterFIIEtn EIVE•wORK•QAEAM 2 Office/Public/Open Space Right-Of-Way 600 300 M O ogamm�Me mo1.m_o.„®o�..o.a, o ..o..600 Feet - Industrial CICityLimits Zoning Map - Riley Bluffs 18900 Pioneer Trail, Eden Prairie, MN 55347 . I/ j . , N -[ED ED Lake Riley - v rk#46SS):1 I II:* 11 1 / / , 41 \ Lakeland Terrace4 ° A1 0, A Crestwood Terrace City of /44- ` T Chan- hassen (Pi* <, ... 4 lap 0] -- ,,Q2:0, 4. i --_,--..=. ,.,„ „ , ., 0 , AIN .0_, Setttlement Dirve II ` Trails End : ' ,,411P' ____ iii . • it; oii Cit • • . ire 111 i Ø* 4. ,______ .... 4 Y g =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) . 1 1 ,f. t R1-9.5 One Family-9,500 sf min. _Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ll Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDE Office AI Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE iIF t Neighborhood Commercial n Golf Course Date:March 1,2009 Community Commercial l I Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance tIVE•WOBIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I I Right of Way -Regional Service Commercial 0 0.125 0.25 Miles .waL_op..m..:=. ._..®..i..o.a.,a ..o...3E,,,r,m ,..,,mo, Aerial Map: Riley Bluffs Address:18900 Pioneer Trail, Eden Prairie, Minnesota 55347 Lake Riley r -f • 7 4* .. , - •,_ ‘4, 6 i411 el i' , .y x ; - • 1110 , ' 4 f•A !Fit ,R:. 4 1 ic< r • - ,,,� `IL" Highview Drive • Crestwood Drive ' .,,. . ,�. •r % �44' - 4.,. i i k (-1- ilkir -4.,.,: City of 4 3 Q a n Chanhassen z� r+� . ` ,;,:. - r SIT • c III" 4014 Ill*' •.,- ' Ihill IS ., __,..... 'c'. *VW o , 70 PIO ER TRL t i ;r// tilr ; %%%% � '1i,1. .— 15 N Settlement Drive ,- \ ilkI. ., - vAid4o p r 0A0l iiiii 1 i 1 Trails End ..A-,-F, is44 , it,,,, , . ic'-, /ti - RE.j 1 Pip t , ; Y41� EX r . r}•.,. �.. ' �. --1 ,. , , _ L ri '14H, a ' -A. --. �� Yam. -. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, FEBRUARY 22, 2016 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 CITY STAFF: Julie Klima, City Planner Rod Rue, City Engineer Matt Bourne, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Pieper and Weber were absent. II. APPROVAL OF AGENDA MOTION: Wuttke moved, seconded by Kirk, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON FEBRUARY 8, 2016 MOTION: Higgins moved, seconded by Farr, to approve the Planning Commission Minutes. Motion carried 5-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS B. RILEY BLUFFS Location: 18900 Pioneer Trail Request for: • Planned Unit Development Concept Review on 5.9 acres • Planned Unit Development District Review with waivers on 5.9 acres • Zoning District Change from Rural R1-9.5 on 5.9 acres • Preliminary Plat of one lot into ten lots and six outlots on 5.9 acres PLANNING COMMISSION MINUTES February 22, 2016 Page 2 Pat Hiller, representing Norton Homes, 18215 45th Ave. N., Plymouth, presented the proposal. The project consists of 10 detached homes priced in the $700,000's. He pointed out each lot will have a nice rear view. To the north of the site they will be deeding that land to the City. Mr. Hiller pointed out this will be a full association development. The units will have similar looking front views but they will not all look the same. There will also be solar ready construction. He stated the waivers they are asking for are need driven and are asking for a change in the zoning from rural to R1-9.5. The units will share common driveways, which would allow residents to back in and out of the development. He stated they will be adding rain gardens, native vegetation and wetland buffers to help with the current erosion situation on site. Chair Stoltz asked Klima to review the staff report. Klima said the project proponent is requesting a PUD with waivers and a zoning change from rural to R1- 9.5. The City did receive a comment from a neighbor with concerns about the density; a copy of which is provided on the table for the commission reference. Staff is recommending approval based on the staff report. Farr asked about the neighbor's concern for density. Klima said the city zoning requirement is 2.5 per acre and the proposal is at 1.7 per acre. Klima also pointed out the development next to this site is zoned R1-9.5. Chair Stoltz opened up the meeting for public input. There was no input. Wuttke asked if there was a neighborhood meeting. Mr. Hiller said they have not had one yet but they can before the City Council meeting on April 5th if this project is approved tonight. Wuttke commented since this will be a private entrance and drive how this would be maintained. Mr. Hiller said the private street would be escrowed. Wuttke asked if the City provides maintenance for the private drive. Rue said the City does not maintain the private drive; it would be up to the association. Wuttke asked when Pioneer Trail would be extended. Rue said this has been on the County's budget for years and it is a provisional project that has yet to receive funding for the western piece of Pioneer Trail. Wuttke asked if there were any concerns with the turn arounds. Fran Hagen, at 7699 Anagram Drive and engineer on the project, said it is a hammerhead design where the residents will have to back up in the driveways to turn around. In regards to the site line it is 500 feet and that is the maximum on this piece of property. Mr. Hagen said they are trying to save the trees on the bluff area and to get to a 700 foot site line they would have to take out a lot of trees. Stoltz commented it looks like the vehicles will have to drive into the neighbor's driveway to turn around. Mr. PLANNING COMMISSION MINUTES February 22, 2016 Page 3 Hagen said that is typical with a shared road. Farr said he is not concerned with the parking on site. Mr. Hiller said he lives in a townhome association and they cannot park cars in the driveway indefinitely. The association will have to work together to make their own rules. Farr asked if"no parking" signage would be put up. Mr. Hiller said to start, they will not, unless it is a problem and the homeowner association will dictate that. Chair Stoltz asked if the homeowner association can run out of money. Mr. Hiller said the state has statutes that associations must abide by, so it is unlikely. Until all units are occupied, the developer will be the responsible party until all units are occupied. Stoltz asked if the City would ever take over the road and upkeep if they did not have the money. Rue said it has not happened yet and if it did they would have to get council approval. Wuttke asked if there was a concern regarding emergency access. Rue said there should be access to get into the development. The fire department did look at the site and did not have a concern. Wuttke commented the structures are very close to each other and asked if there was a concern for fire safety. Mr. Hiller said the buildings are 15 feet away from one another and given that there is not a concern. Wuttke asked if there would be park fees. Mr. Hiller said there will be park dedication fees paid with this project. Farr asked if there are going to be any fences put up. Mr. Hiller said he does not anticipate fences in the development. Chair Stoltz asked why they are putting in an association. Mr. Hiller said they have to have an association to take care of the private streets and utilities. Greg Halvorson, of 9536 Lakeland Terrace, said he has known the Ingram's and would like to see this project go forward,but is concerned with the parking and was wondering if reducing this development to 9 lots would be better. Mr. Hiller said they did go down from 11 to 10 and due to the cost of this development; they have to have 10 lots. Mr. Hagen said there would be no change in moving the homes back if they went down to 9 lots. Chair Stoltz asked the project proponent if they would consider again going down to 9 lots. Mr. Hiller said if they have to go to 9 lots they would back out of the project. PLANNING COMMISSION MINUTES February 22, 2016 Page 4 Kirk said in looking at this project, many of the setbacks would not be impacted by making it a 9 unit development. There is a plan that works and a dedication to the City and he feels nothing should be changed with this project. Farr commented this is a good development. MOTION: Farr moved, seconded by Kirk, to close the public hearing. Motion carried 5-0. MOTION: Farr moved, seconded by Kirk, to recommend approval of the Planned Unit Development Concept Review on 5.9 acres; Planned Unit Development District Review with waivers on 5.9 acres; Zoning District Change from Rural to R1-9.5 on 5.9 acres; and Preliminary Plat of one lot into ten lots and five outlots on 5.9 acres based on the information included in the staff report dated February 17, 2016 and plans stamp dated January 25, 2016. Motion carried 4-0, Chair Stoltz abstained. VII. PLANNERS' REPORT VIII. MEMBERS' REPORT A. COMMUNITY ADVISORY COMMITTEE (CAC) REPORT Klima said the Community Advisory Committee meeting was cancelled for tomorrow night and the next meeting will be the last Tuesday in March. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION: Kirk moved, seconded by Farr, to adjourn the Planning Commission meeting. Motion carried 5-0. Chair Stoltz adjourned the meeting at 8:20p.m. CITY COUNCIL AGENDA DATE: SECTION: Public Hearings April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.C. Community Development/Planning Certificate Of Appropriateness Janet Jeremiah/Lori Creamer 2016-01-009 REQUESTED ACTION Move to: • Close the Public Hearing; and • Adopt the Findings of Fact and Approve Certificate of Appropriateness 2016-01-009 for the demolition of existing non-historic non-contributing Boulay building and the construction of a 12-bed respite center on the National Register Glen Lake Children's Camp. SYNOPSIS The Glen Lake Children's Camp located at 6350 Indian Chief Road is listed on the National Register of Historic Places. A Certificate of Appropriateness (COA) is required to make any change in, on, or to a designated Heritage Preservation Site. Any proposed change, addition or alteration to a building, structure or site must meet the Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. The Heritage Preservation Commission, Minnesota Historic Preservation Office and City staff has reviewed plans for the demolition of the existing non-historic non-contributing Boulay building and the proposed plans to erect a 12 bed respite center. This Certificate of Appropriateness will approve the following items: • Demolish existing Boulay building • Erect a 12 bed respite center to accommodate individuals with disabilities year round at the site. FINDINGS OF FACT The plan is found to meet preservation standards applicable to this application request based on the following: • That notice of the meeting was published in the local paper • That proper notice was given to property owners within 500 feet of the site • That the application for review and sufficient documentary information was provided and reviewed by the Heritage Preservation Commission and the Minnesota Historic Preservation Office. • That the application does meet the Secretary of the Interior's Standards, and the specific Criteria in City Code, Section 11.05, Subd. 8. A.5, Criteria for Alteration of Historic Preservations Sites, and Subd. 8. C.3, Criteria for Certificate of Appropriateness. • The current use of the Boulay building is insufficient for the ever changing needs for year round respite care. The current Boulay building is a non-contributing factor to the historic district. Construction of a 12 bed respite center including food service abilities is necessary for current users and future users. HPC RECOMMENDATION The Eden Prairie Heritage Preservation Commission held a public hearing on January 11, 2016, and reviewed the plans per City Code, Section 11.05, Subd. 8. A.5, Criteria for Alteration of Historic Preservations Sites, and Subd. 8. C.3, Criteria for Certificate of Appropriateness. The Commission voted in favor 6-0 with the conditions True Friends work with the Minnesota Preservation Office to address comments outlined in the letter dated December 21, 2015, subject to the condition the new building be no closer than 25 feet from the historic garage, and the final revised plans and updated narrative be submitted to the City prior to recommendation for approval of the Certificate of Appropriateness application COA 2016-01-009. Those conditions have been met; therefore the Heritage Preservation Commission recommends that the City Council approve the application for Certificate of Appropriateness No. 2016-01-009. BACKGROUND The City of Eden Prairie leases the Glen Lake Children's Camp and property to True Friends whose mission is to provide life-changing experiences that enhance independence and self- esteem for children and adults with disabilities. Randy Boser, COO of True Friends, has been working with the City on a plan to construct a new 12 bed respite center which would meet the year-round needs of a portion of the clients who are served at the camp. ATTACHMENTS/EXHIBITS • COA Application • Findings of Fact • Approved HPC Minutes 1-11-16 • MnHPO Comment Letter 3-16-16 • Location Map • Aerial Map City Of Eden Prairie Certificate Of Appropriateness Application Form Property Address: 16350 Indian Chief Rd., Eden Prairie MN 55346 Property Owner: City of Eden Prairie Mailing Address: Zip Code: Phone Number: Email Address: 'RandyB@truefriends.org Applicant (If different than owner): True Friends Mailing Address: ,10509 108th St NW, Annandale MN Zip Code: L55302 Phone Number: 952-852-0101 Email Address: RandyB@truefriends.org Provide Project Description True Friends is looking to construct a 3200 sq foot print Respite Cabin to serve individuals with disabilities using our Respite Program Services We are looking to expand our capacity to help meet the growing need for our services and to provide enhanced services. We will be removing the Boulay building. In its place we will build an expanded building with a lower level with added capacity for program space, medical care, a multi-sensory environment, and indoor large-motor room to better serve customers. The building will also include a kitchen to help facilitate a safer experiences for customers during the winter and times of bad weather. For Staff Comments Only n Staff Reviewed ❑ Major work Referral To HPC Review n Minor work ❑ Review Date: n COA number: Required Attachments Print n One original printed copy of all materials listed below Completed COA application form ❑ Photos of all sides of the structure and site (color photos no smaller than 4" x 6") ❑ Written narrative explaining the proposed work n Site plan n Elevation drawings and floorplans of addition or alterations (8 1/2" x 11 ") n Specifications of Materials Used n Samples of all materials, paint colors, finishes Recommendations ❑ Approve Comments: ❑ Approve with conditions Comments: Disapprove Comments: Acknowledgement of Responsibility I agree to comply with all conditions of this certificate and other applicable City of Eden Prairie regulations, and to pursue this project in strict conformance with the plans approved by the HPC and City Council. I understand that no changes are permitted without prior approval from the City, and that failure to follow approved plans is a violation of the zoning ordinance. Applicant Signature Staff Initials: Printed Name: I Fee: Date of Application: /a/) /�� Date of Approval: City of Eden Prairie/8080 Mitchell Road/Eden Prairie, MN 55344/Phone:952-949-3485/Fax:952-949-8392/www.edenprairie.org TO: Heritage Preservation Commission FROM: Lori Creamer, Staff Liaison for HPC DATE: January 11, 2016 PROJECT: COA—2016-01-009 Findings of Fact Recommendation Removal of existing Boulay building(non-historic) and construct a 12-bed respite center on the site within the boundaries of the Glen Lake Children's Camp National Register Historic District property REQUEST AND BACKGROUND The Glen Lake Children's Camp is listed as a National Register of Historic Places. A Certificate of Appropriateness (COA) is required to make any change in, on, or to a designated Heritage Preservation Site, including demolition. Any proposed change, addition or alteration to a building, structure or site must meet the Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. The City Council has final approval of the Certificate of Appropriateness. The Certificate of Appropriateness will approve the following: The City/True Friends is requesting removal of the existing Boulay building, which is not a historic contributing factor at the Glen Lake Children's camp, and construction a 12 bed respite cabin on the site within the boundaries of the Glen Lake Children's Camp National Register Historic District property located at 6350 Indian Chief Road. True Friends, a non-profit organization who creates an environment where experiences and adventures are open to individuals of all abilities has signed a 20 year lease on the property beginning January 1, 2015. FINDINGS OF FACT • The removal and construction plan is found to meet general preservation standards applicable to this application request. The Heritage Preservation Commission may wish to adopt and recommend to the City Council the following Findings, based on the criteria in City Code, Section 11.05, Subd. 8. A.2, Criteria for Alteration of Historic Preservations Sites and A.5, Criteria to demolish a building in whole or in part; and Subd. 8. C., Criteria for Certificate of Appropriateness. 1 Re: Demolition of Boulay building A.5. Demolish any building in whole or in part The current Boulay building is requested to be removed in order to accommodate a new 12 bed respite cabin with additional space for indoor activities, kitchen and nurse accommodations. The current building is considered non-historic. Re: Construction of 12 bed respite cabin A.2. Erect a building or any structure. Construct a 12-bed respite center 2 STAFF RECOMMENDATION Staff recommends approval of the demolition of the current non-historic Boulay building and construction of 12 bed respite cabin on the site within the boundaries of the Glen Lake Children's Camp National Register Historic District property with the condition True Friends work with the State Historic Preservation Office to address the comments outlined in the letter dated December 21, 2015, and the final revised be submitted to the City prior to City Council approval of the C.O.A. RECOMMENDED MOTION MOTION: To approve the removal of the non-historic Boulay building and construction of a 12 bed respite cabin including kitchen facilities and health services, with the condition True Friends work with the State Historic Preservation Office to address the comments outlined the letter dated December 21, 2015; and the revised plans be submitted to the City prior to the recommendation for approval of the Certificate of Appropriateness application COA 2016-01-009 by the City Council. 3 APPROVED MINUTES EDEN PRAIRIE HERITAGE PRESERVATION COMMISSION MONDAY,JANUARY 11, 2016 7:00 P.M., CITY CENTER Prairie Rooms A & B 8080 Mitchell Road COMMISSION MEMBERS: Steve Olson(Chair), Ed Muehlberg (Vice Chair), Cindy Cofer Evert, Pamela Spera, Mark Freiberg, Tara Kalar, Paul Thorp STAFF: Robert Vogel, Pathfinder CRM, LLC Lori Creamer, Staff Liaison Heidi Wojahn, Recording Secretary STUDENT REPRESENTATIVES: Zeinab Hussen, Alexander Modeas,Natalie Higgins I. CALL TO ORDER/ROLL CALL Chair Olson called the meeting to order at 7:04 p.m. Vogel, Muehlberg, and Student Representatives Hussen, Modeas, Higgins were absent. Spera arrived at 7:10 p.m. II. APPROVAL OF AGENDA MOTION: Cofer Evert moved, seconded by Kalar, to approve the agenda. Motion carried 5-0. III. APPROVAL OF MINUTES MOTION: Freiberg moved, seconded by Thorp, to approve the December 21, 2015 minutes. Motion carried 5-0. IV. PUBLIC HEARING A. CERTIFICATE OF APPROPRIATENESS (COA) RESPITE CENTER AT GLEN LAKE CHILDREN'S CAMP (GLCC) Randy Boser of True Friends representing Camp Edenwood presented a proposal for a new building to be constructed where the current Boulay building sits. Boser explained the GLCC historically served as a camp for people with disabilities, and Hennepin County mandates it continue to be used that way. It is the desire of True Friends to meet the needs of the changing disabled community while honoring the historical significance of the camp. The master plan from 2008 indicated this project be executed as funds became available, however expected state funding fell through. A donor has made it possible to move forward at this time. After HERITAGE PRESERVATION COMMISSION MINUTES January 11, 2016 Page 2 reviewing the 2008 master plan, it made more sense to construct this new building closer to the current buildings for ease of access for the residents it will serve. Spera arrived at 7:10 p.m. Services at Camp Edenwood were previously offered seasonally in the form of summer camps. There has been a shift to year-round demands, especially in the area of respite care. The request before the commission tonight is to construct a new facility in the location of the current non-contributing Boulay building to include a kitchen to meet the needs of the respite program, housing for campers and staff, space for programming, and a health center. This facility would be designed to serve as a respite center on weekends year-round. True Friends is working with the Minnesota Historical Society(MHS) on the request for a Phase One Archaeological Study. Creamer noted she has not received any further updates from the State Historic Preservation Office (SHPO) at this time. Boser stated ideally True Friends would get approval in time to begin construction in September with completion expected by spring of 2017. Creamer mentioned the HPC had requested the building be moved at least 6 feet from the current historic structures. Boser explained that moving the building would impact nearby trees and vegetation. He agreed to investigate those changes/impacts. Kalar asked why the Phase One study was requested. Boser explained given the proximity to the railroad and the existing building, the property has previously been disturbed; but there are sites around the area leading the MHS to want to do due diligence to make sure there are no burial mounds on site. Creamer thanked Boser for working with the MHS on satisfactorily addressing their comments. Olson noted the 2008 master plan was the HPC's only indication of the programming needs and asked Boser to provide the HPC with a list of projects anticipated in the future. Boser responded they don't expect to add a new cabin where indicated in the 2008 plan, rather they may use that area for additional parking. Other future projects may include remodeling or replacing the two non- contributing buildings currently there and constructing a 15-foot addition to the administration building for office space. True Friends is working with C.H. Robinson on future remodeling building projects. Olson stated it is important for True Friends to keep in mind the details spelled out in the 2008 Master Plan, the local and National Site Nominations and the Best Management Practices booklet (BMP) when considering short and long-term projects. Discussion ensued on construction practices to minimize the impact to the historic garage. Boser stated True Friends and their contractors will use the same care as they did when they remodeled the dormitory. Olson was concerned with how deep they need to dig for construction and the proximity to the property line and historic building and the types of soils in the area. He was also concerned with the building being 40 percent bigger than HERITAGE PRESERVATION COMMISSION MINUTES January 11, 2016 Page 3 originally proposed in the 2008 master plan. Boser stated it may be feasible to move the building to the right so there would be 25 feet between the new construction and the garage. Olson commented it makes sense for a health center, which can also serve as a storm shelter, to be located in the center of the camp from a logistics perspective. Boser replied campers are primarily in the dorm when on-site and evacuation is easier on level ground, thus the location of the proposed health center is actually more practical for meeting their needs. Olson asked about the additional vehicle traffic on the service road. Boser confirmed the gravel service road would not be used for large vehicles. Main deliveries occur at the administration building and anything being delivered to the new proposed building would be done by van,pickup or car. Olson asked how the proposed addition to the administration building would impact parking. Boser stated it would not be significantly affected. Creamer confirmed the paths that are currently gravel will remain gravel. Boser stated they will remain as is. Boser stated in the land development application, True Friends is asking for a variance from city code on exterior materials. The City requires 70 percent brick and glass while this project would use wood siding to match other buildings on site. Thorp referenced a retaining wall in the rendering and suggested moving it to allow the building to be moved ten feet thereby giving True Friends more space with windows at the lower level and more workable construction space in general. Dropping the elevation ten feet and installing a poured concrete retaining wall would eliminate grading problems. Olson additionally noted the location of said wall would not be visually invasive although it would make excavation a bit more challenging. Boser said it would add to the expense but he could look into it further. Creamer confirmed all camper check-ins are done at the Welcome Center. Cofer Evert said she appreciates the need for the building however is concerned with the proximity to the garage. Boser stated True Friends is trying to find the right balance between meeting the needs of the community and maintaining historical integrity of the site. Freiberg commented if the end result looks like the rendering, it will fit in well. Boser stated they had explored tearing down the non-contributing building and moving the historic garage closer to the historic dining hall. They would be willing to explore that option further if desired. Kalar stated the new building looks significantly different than the current Boulay building. Kalar asked what the added value of this project is for True Friends. Boser responded the impact is increased quality of programming, not an economic benefit. Olson stated in conclusion the master plan is dated and out-of-sync with current needs. The HPC would like to receive an updated version to integrate with the 2013 documents. Olson asked if the old dining hall was slated for any rehabilitation projects in the next 5 years. Boser stated that would be a significant undertaking. It would be costly to upgrade as needed to be consistent with historic HERITAGE PRESERVATION COMMISSION MINUTES January 11, 2016 Page 4 standards. Boser said the camp still uses and maintains it but no significant upgrades are planned for the historic building. Olson encouraged flexibility in terms of options for the historical building. Boser stated they would love for it to be more functional but not used as a kitchen. The building needs insulation to be functional year-round. Cofer Evert expressed concerns about the deterioration of the building. Boser confirmed that was a fair concern and discussion of future functionality definitely warrants discussion. Boser stated True Friends and their consultants would take whatever steps were necessary so the construction process would not impact the historic garage. Creamer reminded Boser there would be additional permits required from the City for demolition of the Boulay building. Olson said he prefers the historic garage not be moved. Other Commissioners agreed. Boser will take comments/suggestions back to the consultants and provide an updated plan with the proposed building moved as directed by the Commission. MOTION: Freiberg moved, seconded by Thorp to approve the removal of the non-historic Boulay building and the construction of a respite cabin including kitchen facilities and health services, with the condition True Friends work with the State Historic Preservation Office to address the comments outlined in the letter dated December 21, 2015, subject to the condition that the new building be no closer than 25 feet from the historic garage, and the final revised plans and updated narrative be submitted to the City prior to the recommendation for approval of the Certificate of Appropriateness application COA 2016-01-009 by the City Council. Motion carried 6-0. V. REPORTS OF STUDENTS B. OLD CITY STREET SIGNS—FUNDRAISER IDEAS Cofer Evert reported she has found a template that will work well for administering the program of retired city street sign sales and she has touched base with the Eden Prairie Historical Society(EPHS)regarding the possibility of a portion of the proceeds benefiting their organization. Logistics and options for how to divide the funds were discussed. Kalar expressed concern the student representatives were not present to provide an update. She and Thorp were in favor of the HPC sharing the proceeds with EPHS if they are willing to administer the program after the HPC develops it. Thorp and Kalar volunteered to head up the project. Olson recommended holding off on determining the percentage until the program progresses further and the logistics can be worked out. Creamer stated she will work with Communications to publish the information on the City's website when ready to launch. Cofer Evert said the project is too big for HERITAGE PRESERVATION COMMISSION MINUTES January 11, 2016 Page 5 the students to take on at this stage. They can help market the program via social media after it's developed. VI. REPORTS OF COMMISSION AND STAFF A. COUNCIL WORKSHOP—JANUARY 19, 2016 Creamer stated she is working with Olson on preparing the presentation for the upcoming Council workshop on January 19. She requested RSVPs from Commissioners for dinner. VII. OLD BUSINESS A. 2016 WORK PLAN Cofer Evert and Olson suggested a couple minor edits to the 2016 work plan. Creamer confirmed she will make the revisions prior to the Council Workshop. B. BLUESTEM/COMMITTEE UPDATE ON INTERPRETIVE SIGN Cofer Evert stated she met with Kathie Case to look for additional photos for the Riley Lake tourism interpretive sign. Final edits to the text are in process. Cofer Evert reported the City Center historical photo display project is in process. Selection of photos from the Eden Prairie Historical Society Museum is underway. The designated display space has room to accommodate approximately 16 photos. VIII. NEW BUSINESS IX. FYI ITEMS X. FUTURE MEETINGS/EVENTS The next HPC meeting will be Monday, February 22, 2016, 7 p.m. at City Center, Prairie Rooms A&B. XI. ADJOURNMENT MOTION: Thorp moved, seconded by Freiberg, to adjourn. Motion carried 6-0. Chair Olson adjourned the meeting at 9:32 p.m. (. Minnesota Historical SocietyUsing the Power of History to Transform Lives PRESERVING SHARING CONNECTING STATE HISTORIC PRESERVATION OFFICE March 16, 2016 Ms. Lori Creamer Planning Division City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 Re: Demolition of the Boulay House (Health Center) and construction of a new building at Eden Wood Camping and Retreat Center, Glen Lake Children's Camp 6350 Indian Chief Road, Eden Prairie, Hennepin County SHPO Number: 2015-3033 Dear Ms. Creamer: Thank you for continuing consultation on the above project. Information received in our office recently has been reviewed pursuant to the provisions given the Minnesota Historical Society pursuant to the Minnesota Historic Sites Act and according to the provisions of two (2) Letters of Agreement Governing Use of Historic Site which are held on this property. As you know,the Glen Lake Children's Camp is a historic district which is listed in the National Register of Historic Places (NRHP) and the Boulay House is a non-contributing element in the historic district. Due to the proposed project's location within the historic property boundary and directly adjacent to the Dining Hall, in order for our office to determine that the project will not adversely affect the historic property,the demolition and new construction must be designed in conformance with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (Standards), specifically the Standards for new construction in historic districts. In our previous correspondence dated 21 December 2015, we requested additional information regarding the proposed new construction as outlined below. The City of Eden Prairie has submitted the following information for our review: • Received 21 January 2016-Copies of correspondence from City of Eden Prairie (1/6/16) and our letter (12/21/15) with clarifications provided by Randy Boser of True Friends,submittal also included Respite Cabin site plan, landscape,and elevation drawings (1/19/16), color photographs of current conditions including adjacent historic Dining Hall; • Received 17 February 2016—Phase I Archaeological Survey Report(Literature Search), True Friends, Camp Eden Wood, 6350 Indian Chief Road, Eden Prairie, Minnesota, Hennepin County(Anderson Engineering, February 2016); • Received via e-mail 23 February 2016— Renderings of proposed new construction adjacent to historic Dining Hall and scans of historic architectural drawings for Dining Hall; and • Received via e-mail 24 February 2016—Clarification regarding proposed infiltration basin. We also appreciated the opportunity to discuss the project via conference call with City staff on February 23rd Minnesota Historical Society,345 Kellogg Boulevard West,Saint Paul,Minnesota 55102 651-259-3000•888-727-8386•www.mnhS.org Our comments below are based upon review of these documents. • The color photographs submitted provided our office with a better understanding of the current adjacent Dining Hall materials and architectural character. • While the renderings provide a better idea regarding what we may expect to see when the new building is constructed, we do believe that the perspective is not quite right and the massing may actually turn out to be bigger than what is shown in the rendering.The images do provide good information in regards to how the new building is compatible yet differentiated in terms of form and style. • While the scanned historic architectural drawings of the Dining Hall provide us with a better idea in regards to comparing the proposed construction's features with the historic building, it is a bit more difficult to compare the exact dimensions since we do not have the drawings to scale. We were able to utilize these historic images in terms of evaluating per the Standards. For future projects at this location, please be sure to provide exact dimensions of adjacent historic structures in comparison, either through a chart or image,with the proposed new structure. • It is our understanding that the proposed new building has been shifted approximately six (6) feet further from the edge of the historic Dining Hall property.This is beneficial and is in conformance with the Standards as it provides a more historically appropriate open space between the buildings. • It is our understanding that the proposed new pathways/walkways around the building will be paved in bituminous and no changes will be made to existing driveways as part of this project. This meets Standards. • We appreciate the clarification in regards to the infiltration basin.With the condition that appropriate natural plantings will be installed as part of the project, we feel that this feature has been designed in conformance with the Standards. We defer to the City in regards to additional review of proposed plantings in order to achieve an eventual naturalized look to the basin. We do not believe that we will need to review subsequent details in regards to plantings. • We have completed our review of the Phase 1(A) archaeological report/literature search and agree with the consultant's findings that the proposed project area is entirely within previously disturbed ground and that there is a very low probability of any intact archaeological resources being present. We agree that no further archaeological survey is warranted for this project. In summary, we feel that the project, as currently proposed, has now been designed in accordance with the Standards and will not adversely affect the historic integrity of the National Register-listed property. If there are any substantial design changes to the proposed project subsequent to this review, please re-initiate consultation with our office. Please feel free to contact me at 651-259-3456 or sarah.beimers@mnhs.org if you have any questions or concerns regarding this comment letter. Sincerely, Sarah J. Beimers, Manager Government Programs and Compliance cc: Xana Peltola, Heritage Preservation Department, Minnesota Historical Society Randy Boser,True Friends Area Location Map - Glen Lake Childrens Camp Site Address: 6350 Indian Chief Road, Eden Prairie, Minnesota 55346 City of Minnetonka TOWN LINE RD - / W 62ND ST TOWN LINE RD _ . ,,_ iv 1 r, f1r4 County Roa Indian Chief Road r.` I I / F.4 !' '4 lily , SITE Eden Prairie Road I Proposed Playground Location P to i eke* / . 144 1 r ram _ mi illiOISLANDRD •- •. ----,r _ 11;1 1 i i ST-ATG -n n Aerial Map - Glen Lake Childrens Camp Address: 6350 Indian Chief Road, Eden Prairie, MN 55346 4 rLL,. D'174 i i ift 0 II iir, ' �,� -.„,. County Rd. 62 Indian Chief Road n -iNipp .F.- ipt,, ,,, V., 111, , / I . . 1 t - f 0,rr . ,- . . ti / ••Y .4 1,4 eA 1 p' 't 7010, ;.' , / p°1" ' Eden Prairie Road . 7 - y OEdenvale Boulevard OallOSil t _ ' -CH ISLAND RD .. (-\\ *V------ -, ...-1. Eamon --, .1-t-m.... I"'Ills 411" ,---E1 oritpc" ' .-, '.4-111r...aiimill.la gar 01/1 ...... . ,..... ,,,•__•„ 4 . 44"._..sr tittl LO �` ��o �® ��,'-' n! QO• Feet CITY COUNCIL AGENDA DATE: SECTION: Public Hearings April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.D. Community Camp Eden Wood Respite Center Development/Planning Janet Jeremiah/Tania Mahtani Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Public Zoning District on 51.81 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The City of Eden Prairie retains ownership of the site, with a long-term lease agreement with True Friends for operation of Camp Eden Wood. The Historic District was created in 1999 on a portion of the property encompassing the Dormitory and Birch Hall as historic structures within the District. The proposal includes removal of the non-historic non-contributing Bouley building and replacing it with a new building designed to complement the existing historic architecture. True Friends seeks to construct a 12-bed Respite Cabin at the Camp Eden Wood property within the boundaries of the Glen Lake National Register Historic District. The proposed Respite Center is comprised of mostly wood siding with glass windows and doors. The Minnesota Historic Preservation Office and Heritage Preservation Commission have reviewed the request, described in more detail in the Certificate of Appropriateness Cover Memo dated 4/5/2016. A Planned Unit Development waiver(PUD) is requested for building setback in order to reduce the visual impact to the adjacent historic architecture and minimizing grading to the greatest extent practical. A PUD waiver is also requested for the City's exterior building requirements in order for the building to be compatible with the surrounding historic buildings. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project at the March 14, 2016 meeting. Attachments 1. Ordinance 2. Staff Report 3. Location Map 4. Land Use Map 5. Zoning Map 6. Aerial photo 7. Planning Commission Minutes March 14, 2016 CAMP EDENWOOD RESPITE CENTER CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2016-PUD- -2016 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 Public Zoning District_-2016-PUD-_-2016 (hereinafter "PUD-_-2016-PUB). Section 3. The City Council hereby makes the following findings: A. PUD- -2016-PUB is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2016-PUB 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-_-2016-PUB are justified by the design of the development described therein. D. PUD-_-2016-PUB 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 , 2016, entered into between True Friends, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD- -2016-PUB, 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 Public Zoning District and shall be included hereafter in the Planned Unit Development_-2016-PUB, 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 April, 2016, 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 , 2016. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2016. EXHIBIT A PUD Legal Description — That part of the Northeast Quarter of Section 4, Township 116, Range 22, Hennepin County, Minnesota, lying northerly of the right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company and westerly of the centerline of Birch Island Road(now Indian Chief Road); EXCEPT that part thereof described as follows: Beginning at the northwest corner of said Northeast Quarter, thence east along the north line of said Northeast Quarter to the center line of Birch Island Road(now Indian Chief Road); thence southerly along said center line to a point distant 1000 feet south from the north line of said Northeast Quarter as measured at a right angle to said north line; thence westerly to a point on the west line of the Northeast Quarter of the Northeast Quarter of said section, distant 1000 feet south along said west line from the northwest corner of said Northeast Quarter of the Northeast Quarter; thence continue along said line to the west line of said Northeast Quarter; thence north along said west line to the point of beginning. Hennepin County, Minnesota. STAFF REPORT TO: Planning Commission FROM: Tania Mahtani, Planner I DATE: March 9, 2016 PROJECT: Camp Edenwood Respite Center LOCATION: 6350 Indian Chief Road APPLICANT: Randy Boser OWNERS: City of Eden Prairie 120 DAY REVIEW: N/A REQUEST: 1. Planned Unit Development District Review with waivers on 51.81 acres 2. Zoning District Amendment within the Public Zoning District on 51.81 acres 3. Site Plan Review on 51.81 acres BACKGROUND The Comprehensive Guide Plan shows the 51.81 acre property guided for Park/Open Space land use. Surrounding land uses are guided Golf Course, Industrial, Low Density Residential, and Medium Density Residential. The property is zoned Public. True Friends is a provider serving individuals with physical, developmental, and learning disabilities. The City of Eden Prairie retains ownership of the site, with a long-term lease agreement with True Friends for operation of Camp Eden Wood. The Historic District was created in 1999 on a portion of the property encompassing the Dormitory and Birch Hall as historic structures within the District. True Friends seeks to construct a 12-bed Respite Cabin at the Camp Eden Wood property within the boundaries of the Glen Lake National Historic District. The Respite Cabin will be part of the larger 19-acre campus of which 12 acres of the western portion is designated as the Glen Lake National Historic District. 2008 MASTER PLAN A master plan was created in 2008 describing the history and existing conditions at Camp Eden Wood. Overall, the proposed Respite Cabin is not in conflict with the master plan. Staff Report—Camp Eden Wood Respite Center March 9, 2016 Page 2 SITE PLAN The proposal includes removal of the non-historic and non-complimentary Bouley Building and replacement with a new building designed to complement the existing historic architecture. The proposed Respite Center is comprised of mostly wood siding with glass windows and doors. The proposed structure consists of a two-level 6,242 square foot structure to the east of the existing historic garage. The upper level is at grade and contains six double sleeping rooms for campers and two sleeping rooms for staff. The lower level has a walkout to the northwest and utilizes the existing grade of the hill to minimize the impact to the site. Parking on site currently occurs in the existing `Lodge' to the north and east of the proposed building. No additional parking is proposed as no additional staff is planned for the site. The proponent anticipates that the number of visitors would be minimal to the Respite Cabin and existing parking is sufficient. The landscaping is planned to enhance the existing historic setting and be sensitive to restoring the red oak, sugar maple, and basswood canopy. City code requires 19.5 inches of landscaping and 12.5 inches of tree replacement are required for a total of 32 inches. The plan proposes 33 inches. Exterior lighting will be limited to minimal lighting at the exit doors as required for the Building Code. WETLAND REVIEW Prior to any work being conducted on site, a field evaluation during the growing season using current wetland review standards is required. A preliminary wetland approval can be provided, with a condition that a Wetland Determination and/or Delineation must be conducted during the growing season this spring. HISTORIC PRESERVATION COMMISSION (HPC) The City's HPC reviewed the proposal at its January 11, 2016 meeting. A Certificate of Appropriateness (COA) is required to make any change in, on, or to a designated Heritage Preservation Site. The HPC recommended approval of the COA with the following conditions: • True Friends work with the State Historic Preservation Office to address the comments outlined in the letter dated December 21, 2015. • The new building is no closer than 25 feet from the historic garage. • The final revised plans and updated narrative is submitted to the City prior to the recommendation for approval of the Certificate of Appropriateness application COA 2016-01-009 by the City Council. The plans have been revised to meet the 25 foot requirement. Staff Report—Camp Eden Wood Respite Center March 9, 2016 Page 3 MINNESOTA STATE HISTORIC PRESERVATION OFFICE (SHPO) SHPO's review of the plans for the proposed Respite Cabin is ongoing. Preliminary discussions have indicated that there are no major concerns with the plans. Staff recommends that any additional comments provided from SHPO will need to be addressed prior to review of the project by the City Council. PLANNED UNIT DEVELOPMENT WAIVERS City Code requires a minimum rear yard setback of 50 feet from the property line. The proponent is seeking a PUD wavier to allow 10 feet in order to reduce the visual impact to the adjacent historic architecture and minimize grading to the greatest extent practical. The proponent is also seeking a PUD waiver to the City's exterior building material requirements of at least 75% face brick, natural stone, glass, cast stone, cultured stone, architectural precast, or precast concrete panel. Adherence to the 75%requirement is not compatible with the existing historic materials of cedar lap siding, asphalt shingles, and wood windows. The following PUD waivers are proposed: 1. Rear yard setback of 10 feet for the building. City Code requires 50 feet. 2. Waiver to the architectural materials requirements to be comprised of wood, glass, and concrete. This waiver is justified given the historic nature of the property. STAFF RECOMMENDATIONS Recommend approval of the following request: 1) Planned Unit Development District Review with waivers on 51.81 acres 2) Zoning District Amendment within the Public Zoning District on 51.81 acres 3) Site Plan Review on 51.81 acres This is based on plans stamp dated March 7, 2016 and the following conditions: 1) Prior to City Council review of the project, the proponent shall: a) Comply with the recommendations of the Historic Preservation Commission. b) Address any additional comments provided by SHPO. 2) Prior to land alteration permit issuance for the property, the proponent shall: a) Provide a tree replacement/landscaping surety equivalent to 150% of the cost of the landscaping plan for review and approval. b) The wetland Determination and/or Delineation must be reviewed and approved by the City and Nine Mile Creek Watershed District. Staff Report—Camp Eden Wood Respite Center March 9, 2016 Page 4 c) Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer and Watershed District. d) Obtain approval of plans from the Watershed District. e) Install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. 3) The following waivers have been granted through the PUD District Review for the property: a) Rear yard setback of 10 feet for the building. City Code requires 50 feet. b) Waiver to the architectural materials requirements to be comprised of wood, glass, and concrete. This waiver is justified given the historic nature of the property. Area Location Map - Camp Edenwood Site Address: 6350 Indian Chief Road, Eden Prairie, Minnesota 55346 CITY OF MINNETONKA % \?1 w MINNd 1�4` o�i DR 11*/ z 0 ):. A) I ` -rn F Zi\, , m /� 0, RD 51�� • 1 V airt-k\ mr, Av„ _ vrK\W\ . /- d or , I - 10\0104Wil P44"".. iiii .r A -v ISLAND RD - ;W �0�•4' ��AM �m 111111 AZ �' R' F„R• '0 MI I Al OM ram= II 411 # 11w0.0111W. =mom 0, _ vp ow d* g Av44111 4%k fr ., ' IPTE4 N* le '''' ' '"- ITiCAW4 00Plfr A, ‘ Ar _-_::1- -N6 iiiiv i 4 01 .44-Aik --%.* Ap..- 0 Irt-movOl z NaLVIVO of:,. ei, "mai& 1111 ____n la vv.,,7*81 Is sitit ,/N 4 gy 1 Bizilig 4i AMR inli gN 14 - .71 Ifs 'Ø• -" . 1 • I 0 tp IV,fr,, ,..Wsky•*•--"efAmtit- _, 84 1 L,'.�\r/�im.ie�L,��Ali:,... 7�ii wa -1_■= �,w Guide Plan Map - Glen Lake Childrens Camp 6350 Indian Chief Road, Eden Prairie, MN 55346 M8- //- . .1* ..' County Road 62� � Z „, Eden Prairie Road Indian Chief Road ' Z C *, m Z - SITE 7 Birch o p_4.. Island '>)1$44%*)3° EdenvaleRD Boulevard 01111 10 41110 : 10 � r . 1040. 1 - , , / ti V. H ISLAND * p. cP\O* esom = V 1117, ttd an a Guid WM mS dip 0 0 _...iiiiiii70111111111 _ l____2.:-. 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 E a E N I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open Water EIVE•WORK•DHEAM M f� Office/Public/Open Space Right—Of—Way 610 305 0 ogamm�Me mo1.m_o.„®o�o..o.a, o .,o..610 Feet - Industrial Zoning Map - Glen Lake Childrens Camp 6350 Indian Chief Road, Eden Prairie, MN 55346 ,11--lr 110 —.-.—. ' ND � z ► .' TO County Road 62 iep, ' Z r Indian Chief Road = Eden Prairie Road rn XI 1 SITE ► I p' . \._ r/ �9 0•II l RD r C/ 0 Edenvale Boulevard i 0 101 1 1 * -1/1*--- ' 'CH ISLAND RD *IP - .. ' willmi P:117 • / , FRAT VO ;,11._ mvo IIIIP 40 - 004 0 o r 1 0 4 Z' vi) 41r....iiiii‘011111111 "P' .,=Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) . 1 1 ,f. t R1-9.5 One Family-9,500 sf min. _Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ll Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDE Office AI Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE iIF t Neighborhood Commercial n Golf Course Date:March 1,2009 Community Commercial l I Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance tIVE•W0BIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I I Right of Way -Regional Service Commercial 0 0.125 0.25 Milesm°au_...m..=m._..®..g..o.a., ..o...,sa..m ,..,,mo, Aerial Map - Glen Lake Childrens Camp Address: 6350 Indian Chief Road, Eden Prairie, MN 55346 4 rLL,. D'174 i i ift 0 II iir, ' �,� -.„,. County Rd. 62 Indian Chief Road n -iNipp .F.- ipt,, ,,, V., 111, , / I . . 1 t - f 0,rr . ,- . . ti / ••Y .4 1,4 eA 1 p' 't 7010, ;.' , / p°1" ' Eden Prairie Road . 7 - y OEdenvale Boulevard OallOSil t _ ' -CH ISLAND RD .. (-\\ *V------ -, ...-1. Eamon --, .1-t-m.... I"'Ills 411" ,---E1 oritpc" ' .-, '.4-111r...aiimill.la gar 01/1 ...... . ,..... ,,,•__•„ 4 . 44"._..sr tittl LO �` ��o �® ��,'-' n! QO• Feet APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,MARCH 14, 2016 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 CITY STAFF: Julie Klima, City Planner Rod Rue, City Engineer Matt Bourne, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Wuttke was absent. II. APPROVAL OF AGENDA MOTION: Higgins moved, seconded by Pieper, to approve the agenda. Motion carried 6-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON FEBRUARY 22, 2016 MOTION: Kirk moved, seconded by Farr, to approve the Planning Commission Minutes. Motion carried 6-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS B. CAMP EDEN WOOD RESPITE CENTER Location: 63501 Indian Chief Road Request for: • Planned Unit Development District Review with waivers on 51.81 acres • Zoning District Amendment within the Public Zoning District on 51.81 acres • Site Plan Review on 51.81 acres PLANNING COMMISSION MINUTES March 14, 2016 Page 2 Randy Boser presented the proposal. He stated True Friends is a non-profit organization for children with physical, developmental and learning disabilities. He stated they provide camping, respite and travel for kids. They would like to construct a 12-bed respite cabin at Camp Eden Wood. The building will include sleeping capabilities along with food service. This would be a two-story building in the Historic District. Mr. Boser said the summer season is very busy so they would like to begin construction in the fall and complete the project the following spring. Chair Stoltz asked Klima to review the staff report. Klima said the project proponent would like to construct a Respite Center at the Camp Eden Wood property, which is included in the Glen Lake National Historic District. Staff recommendation is for approval based on the conditions listed in the staff report. Higgins said she spent time on the Heritage Preservation Committee and is pleased to hear about this program but she also commented she would like the historic presence saved. She would also like someone to comment on the existing building that would be torn down. Mr. Boser said the existing building is one story and is small; the building is not utilized any more. They would like a 6,000 square foot building with this new construction and it would be located at a spot where it is not visible until you get up to the top of the hill. The building is quite a distance from the two main historical buildings on site. Chair Stoltz opened the meeting up for public input. There was no input. MOTION: Higgins moved, seconded by Kirk, to close the public hearing. Motion carried 6-0. MOTION: Higgins moved, seconded by Kirk, to recommend approval of the Planned Unit Development District Review with waivers on 51.81 acres; Zoning District Amendment within the Public Zoning District on 51.81 acres and Site Plan Review on 51.81 acres based on the information included in the staff report dated February 9, 2016 and plans stamp dated March 7, 2016. Motion carried 6-0. VII. PLANNERS' REPORT Klima said the City Council did approve appointments to the Planning Commission at its March 8, 2016 meeting. There will be two new members joining the Planning Commission beginning April 1, 2016: Mark Frieberg and Tom Paol; Ann Higgins was reappointed. Jon Stoltz was appointed Chair and Andrew Pieper was appointed Vice Chair. VIII. MEMBERS' REPORT PLANNING COMMISSION MINUTES March 14, 2016 Page 3 A. COMMUNITY ADVISORY COMMITTEE (CAC) REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION: Farr moved, seconded by Kirk, to adjourn the Planning Commission meeting. Motion carried 6-0. Chair Stoltz adjourned the meeting at 7:42 p.m. CITY COUNCIL AGENDA DATE: April 5, 2016 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.E. Community Hampton Inn Development/Planning Janet Jeremiah/Julie Klima Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 1.7 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Change from Commercial Regional Services to Town Center— Commercial on 1.7 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The proposed project is for the construction of a 5 story, 105 guest room hotel. The Major Center Area study identifies this parcel for hospitality/lodging. The proposal includes the removal of the existing structures and redeveloping the site for the hotel use incorporating surface and underground parking areas. The proponent is seeking rezoning from Regional Commercial Services to Town Center- Commercial, as well as, PUD approval for the proposed development. Due to the unique character of the Town Center Zoning and the requirements for the Shoreland area, several PUD waivers are sought for the site. Background The structure proposed meets or exceeds the requirements for construction materials on all facades, landscaping for the site, and includes the relocation of the pedestrian trail along Lake Idlewild. The proponent will be providing the trail easement necessary to accommodate the trail indicated on the proposed plans. The architecture of the building includes varied roof lines, building wall articulations, and materials consistent with the exterior building material requirements. Staff has worked with the proponent to provide for a design that includes exterior materials and architecture that exceeds the Hampton Inn prototype. The following PUD waivers are proposed: 1. Front yard setback. City Code requires a 15 foot maximum. 35 feet 10 inches is proposed. This waiver is requested due to the existing 30 foot drainage and utility easement for an existing sewer line along Flying Cloud Drive. 1 2. Ordinary High Water Level Setback. City Code requires 200 feet for buildings and 50 feet for parking. 77 feet 7 inches is proposed to the building and 48 feet to the parking and 27 feet to parking structure is proposed. The reduced setbacks are proposed to accommodate the underground parking structure. This waiver request is also impacted by the existing 30 foot easement along Flying Cloud Drive. 3. Building Footprint Coverage. City Code requires 30%minimum. 17% is proposed. This requirement is specific to the Town Center— Commercial zoning district to promote a compact mixed use area. The waiver is being requested in order to minimize impacts to wetland areas and to minimize impervious surface coverage as required by the Shoreland regulations. 4. Maximum Impervious Surface Area. City Code requires 30%maximum. 75% is requested. This requirement is specific to the Shoreland area. The existing site condition is 55% impervious surface coverage. This waiver is being requested in order to provide the parking necessary to support the hotel use. 5. Street Façade Building Breaks. City Code requires 40 feet maximum. 52 feet is proposed. Due to the guestroom nature of the hotel, there is a location on the structure that proposes a 52 foot building break. Compliance with the 40 foot requirement in this instance would require significant redesign of the floorplan/guestroom mix. 6. Street Level Frontage Transparency. City Code requires 40%minimum required. 15% proposed. The Town Center Commercial zoning district requires street level frontage transparency to promote views of non-residential space or product display areas. This waiver is requested due to the type of use (guestrooms), location of mechanical rooms and grades on the site not being conducive to street level viewing. In order to compromise the intent of the code with the proposed site conditions, the proponent is proposing to add spandrel glazing to areas of the façade that would not normally include window spaces. 7. Primary Entrance. City Code requires 60 feet maximum separation. Complete waiver is requested. The Town Center Commercial requirements include requiring primary entrances every 60 feet in order to promote a vibrant pedestrian experience. The applicant is proposing that this requirement be waived completely for hotel uses due to the type of use and potential security risks associated with multiple entrances. 8. Parking Stall Count. City Code requires 113 stalls. 106 proposed. This waiver is requested in order to minimize impacts to the wetland buffer areas and reduce the amount of impervious surface area. Similar sized projects with similar parking provided have been evaluated by the project proponent and have demonstrated the ability to meet the parking demand. Additionally, the site is adjacent to the proposed LRT line which may decrease demand for employee parking. 9. Parking Stall Width. 9 foot minimum required. 8 foot 6 inch is proposed for 52 of the underground parking stalls. 2 The proponent has provided a parking study to evaluate parking needs, as well as,parking design. The proposed parking stall width is consistent with the findings of the parking study. 10. Parking Drive Aisle Width. City Code requires 25 feet minimum for 2 way traffic, no standard is listed for one way traffic. 20 feet is proposed for one way traffic in the parking structure. The proposed aisle width of 20 feet exceeds the recommendations provided in the parking study and is not in conflict with City Code requirements. 11. Free Standing Sign Setback. City Code requires 20 feet minimum. 2 feet is proposed. Compliance with the 20 foot setback requirement would locate the sign deep within the site either within or behind a drive aisle. Given the significant amount of right of way along Technology Drive, the sign location would be approximately 53 feet behind the property line. The proposed location would require the vacation of a portion of the underlying easement. The applicant would need to initiate and receive approval of said easement prior to installation of the sign. Staff recommends that this sign not be installed prior to LRT construction in order to minimize potential conflicts with construction activity. The Planning Commission staff report included two additional waiver requests related to wetland buffers. Upon further review of the proposed plans, these waivers are not necessary. The list of PUD waivers requested has been revised to reflect that condition. The 120-Day Review Period Expires on July 9, 2016. Planning Commission Review and Recommendation The Planning Commission voted 5-1 to recommend approval of the project at the March 14, 2016 meeting. Attachments 1. Resolution for PUD Concept Review 2. Ordinance 3. Staff Report 3-4-16 4. Location Map 5. Land Use Map 6. Zoning Map 7. Aerial photo 8. Planning Commission Minutes 3-14-16 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF HAMPTON INN FOR CITIES EDGE ARCHITECTS 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 March 14, 2016, on Hampton Inn by Cities Edge Architects 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 April 5, 2016. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Hampton Inn, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof("Property"). 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated March 30, 2016. 3. That the PUD Concept meets the recommendations of the Planning Commission dated March 14, 2016. ADOPTED by the City Council of the City of Eden Prairie this 5th day of April, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- Hampton Inn Legal Description: Lot 1, Block 1, Anderson's Idleview, according to the recorded plat thereof, Hennepin County, Minnesota together with appurtenant easement(s) for ingress and egress purposes contained in Document No. 2698032. Being Registered land as evidenced by Certificate of Title No. 1333243. HAMPTON INN CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2016-PUD- -2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Commercial Regional Service Zoning District and be placed in the Town Center Commercial Zoning District_-2016-PUD-_-2016 (hereinafter "PUD-_-2016-TC-C"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of , 2016 entered into between Cities Edge Architects, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD- -2016-TC-C, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD- -2016-TC-C is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD- -2016-TC-C 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- -2016-TC-C are justified by the design of the development described therein. D. PUD- -2016-TC-C is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Commercial Regional Service Zoning District, and placed in the Town Center Commercial Zoning District and shall be included hereafter in the Planned Unit Development PUD-_-2016-TC-C 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 April, 2016, 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 , 2016. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2016. EXHIBIT A HAMPTON INN - LEGAL DESCRIPTION Lot 1, Block 1, Anderson's Idleview, according to the recorded plat thereof, Hennepin County, Minnesota together with appurtenant easement(s) for ingress and egress purposes contained in Document No. 2698032. Being Registered land as evidenced by Certificate of Title No. 1333243. STAFF REPORT TO: Planning Commission FROM: Julie Klima, City Planner DATE: March 4, 2015 PROJECT: Hampton Inn LOCATION: 11825 Technology Drive APPLICANT: Cities Edge Architects OWNER: D & T Eden Prairie, LLC 120 DAY REVIEW: July 9, 2016 REQUEST: 1. Planned Unit Development Concept Review on 1.7 acres 2. Planned Unit Development District Review with waivers on 1.7 acres 3. Zoning District Change from Commercial Regional Services (Com-Reg- Ser) to Town Center Commercial (TC-C) on 1.7 acres 4. Site Plan Review on 1.7 acres BACKGROUND The Comprehensive Plan guides this property for Town Center land use. Properties to the south and west are also guided for Town Center. The property is bound on the north and east by Technology Drive and Flying Cloud Drive. The property is currently zoned Commercial Regional Services. Surrounding zoning is Commercial Regional Services. The request includes a rezoning to Town Center—Commercial. The Town Center zoning district includes the 3 subdistricts of Commercial (TC-C), Mixed Use (TC-MU), and Residential (TC-R). The property is situated at the northeast corner of the area that is identified as the Town Center. The Major Center Area study identifies this parcel for hospitality/lodging. The property was previously used as a free-standing restaurant with surface parking. This proposal would include the demolition of the existing structure and the construction of a 5 story, 105 guest room hotel. Hotels are a permitted use within the Town Center—Commercial (TC-C) Zoning District. The proposed SW LRT corridor is located immediately adjacent to the subject property. SITE PLAN The site plan shows the development of a 5 story hotel with an approximate building footprint Staff Report— Hampton Inn March 4, 2016 Page 2 size of 12,700 square feet. The hotel proposes 35 surface parking stalls and 71 parking stalls beneath the structure of the building. Trash and recycling storage will be contained within the primary structure. The existing trail along the lakeside of the property will be relocated to accommodate the structure and underground parking. The plans indicate a concrete pad along the trail for the installation of future amenities. Prior to City Council public hearing, the applicant should revise the plans to relocate the concrete pad outside of the proposed easement area and include details of the amenities proposed. PLANNED UNIT DEVELOPMENT WAIVERS The following waivers are requested: 1. Front yard setback. City Code requires a 15 foot maximum. 35 feet 10 inches is proposed. This waiver is requested due to the existing 30 foot drainage and utility easement for an existing sewer line along Flying Cloud Drive. 2. Ordinary High Water Level Setback. City Code requires 200 feet for buildings and 50 feet for parking. 77 feet 7 inches is proposed to the building and 48 feet to the parking and 27 feet to parking structure is proposed. The reduced setbacks are proposed to accommodate the underground parking structure. This waiver request is also impacted by the existing 30 foot easement along Flying Cloud Drive. 3. Building Footprint Coverage. City Code requires 30% minimum. 17% is proposed. This waiver is being requested in order to minimize impacts to wetland areas and to minimize impervious surface coverage. 4. Maximum Impervious Surface Area. City Code requires 30% maximum. 75% is requested. The existing site condition is 55% impervious surface coverage. This waiver is being requested in order to provide the parking necessary to support the hotel use. 5. Street Facade Building Breaks. City Code requires 40 feet maximum. 52 feet is proposed. Due to the guestroom nature of the hotel, there is a location on the structure that proposes a 52 foot building break. Compliance with the 40 foot requirement in this instance would require significant redesign of the floorplan/guestroom mix. 6. Street Level Frontage Transparency. City Code requires 40% minimum required. 15% proposed. The Town Center Commercial zoning district requires street level frontage transparency to promote views of non-residential space or product display areas. This waiver is requested due to the type of use (guestrooms), location of mechanical rooms and grades on the site not being conducive to street level viewing. In order to Staff Report— Hampton Inn March 4, 2016 Page 3 compromise the intent of the code with the proposed site conditions, the proponent is proposing to add spandrel glazing to areas of the façade that would not normally include window spaces. 7. Primary Entrance. City Code requires 60 feet maximum separation. Complete waiver is requested. The Town Center Commercial requirements include requiring primary entrances every 60 feet in order to promote a vibrant pedestrian experience. The applicant is proposing that this requirement be waived completely for hotel uses due to the type of use and potential security risks associated with multiple entrances. 8. Parking Stall Count. City Code requires 113 stalls. 106 proposed. This waiver is requested in order to minimize impacts to the wetland buffer areas and reduce the amount of impervious surface area. Similar sized projects with similar parking provided have been evaluated by the project proponent and have demonstrated the ability to meet the parking demand. Additionally, the site is adjacent to the proposed LRT line which may decrease demand for employee parking. 9. Parking Stall Width. 9 foot minimum required. 8 foot 6 inch is proposed for 52 of the underground parking stalls. The proponent has provided a parking study to evaluate parking needs, as well as, parking design. The proposed parking stall width is consistent with the findings of the parking study. 10. Parking Drive Aisle Width. City Code requires 25 feet minimum for 2 way traffic, no standard is listed for one way traffic. 20 feet is proposed for one way traffic in the parking structure. The proposed aisle width of 20 feet exceeds the recommendations provided in the parking study and is not in conflict with City Code requirements. 11. Free Standing Sign Setback. City Code requires 20 feet minimum. 2 feet is proposed. Compliance with the 20 foot setback requirement would locate the sign deep within the site either within or behind a drive aisle. Given the significant amount of right of way along Technology Drive, the sign location would be approximately 53 feet behind the property line. The proposed location would require the vacation of a portion of the underlying easement. The applicant would need to initiate and receive approval of said easement prior to installation of the sign. Staff recommends that this sign not be installed prior to LRT construction in order to minimize potential conflicts with construction activity. 12. Wetland Buffer Width. Requesting a 18 foot waiver to the minimum average from Lake Idlewild and a 14 foot waiver from the identified wetland. This waiver is requested in order to accommodate the structure and underground parking needed to support the use proposed on the site. Staff Report— Hampton Inn March 4, 2016 Page 4 13. Structure Setback from Wetland Buffer. Requesting a 3 foot 5 inch waiver to the setback requirement from Lake Idlewild and a 15 foot 2 inch setback from the identified wetland. This waiver is requested in order to accommodate the structure and underground parking needed to support the use proposed on the site. SIGNS All sign permits will require review and approval through the sign permit process. SITE LIGHTING The proposed site lighting plan exceeds City requirements. TREE LOSS AND LANDSCAPING PLAN The landscaping plans for the project exceed the requirements provided in City Code. The tree replacement plan will need to be further revised to meet the requirements for tree replacement. Staff is recommending that prior to the City Council public hearing a revised landscaping plan is submitted that is compliant with landscaping and tree replacement requirements. Staff is also recommending that installation of the landscaping proposed along the LRT corridor be delayed in order to minimize conflicts with construction timelines. This can be further addressed in the development agreement. ARCHITECTURAL STANDARDS The proposed structures meet the requirements for exterior materials at the ratio of 75%/25% required per facade. The proposed structures also include roofline and wall deviations and articulations. Staff had previously recommended that the proponent revise their plans to create additional interest on the roofline of the carport entrance feature. The submittal materials do include a proposed revision. Staff is recommending that prior to the City Council public hearing that the project proponent continue to work with staff to revise the plans to define a new alternative. Staff is also recommending that the building plans for the hotel include windows rated appropriately to mitigate any potential noise impacts from the LRT line. STAFF RECOMMENDATIONS Recommend approval of the following request: 1. Planned Unit Development Concept Review on 1.7 acres 2. Planned Unit Development District Review with waivers on 1.7 acres 3. Zoning District Change from Commercial Regional Services (Com-Reg-Ser) to Town Center Commercial (TC-C) on 1.7 acres Staff Report— Hampton Inn March 4, 2016 Page 5 4. Site Plan Review on 1.7 acres This is based on plans stamp dated February 12, 2016 and staff report dated March 4, 2016 and the following conditions: 1. Prior to the City Council public hearing, the proponent shall: A. Provide a landscaping plan that meets the requirements of the tree replacement and landscaping provisions of City Code. B. Provide architectural elevations for the west elevation of the proposed structure. C. Provide revised elevations to address the roofline of entrance carport. D. Provide a revised plan indicating the relocation of the concrete pad and planned amenities along the trail. 2. Prior to Land Alteration Permit issuance, the proponent shall: A. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer and Watershed District. B. Install erosion control and tree protection fencing at the grading limits of the property for review and approval by the City Engineer and City Forester. C. Provide a 15 foot wide trail easement centered over the trail. 3. Prior to building permit issuance for the property, the proponent shall: A. Provide a tree replacement/landscaping surety equivalent to 150% of the cost of the landscaping plan for review and approval. 4. The following waivers have been granted through the PUD District Review for the property: A. Front yard setback. City Code requires a 15 foot maximum. 35 feet 10 inches is proposed. This waiver is requested due to the existing 30 foot drainage and utility easement for an existing sewer line along Flying Cloud Drive. B. Ordinary High Water Level Setback. City Code requires 200 feet for buildings and 50 feet for parking. 77 feet 7 inches is proposed to the building and 48 feet to the parking and 27 feet to parking structure is proposed. The reduced setbacks are proposed to accommodate the underground parking structure. Due to the 30 foot easement along Flying Cloud Drive C. Building Footprint Coverage. City Code requires 30% minimum. 17% is proposed. This waiver is being requested in order to minimize impacts to wetland areas and to minimize impervious surface coverage. D. Maximum Impervious Surface Area. City Code requires 30% maximum. 75% is requested. Staff Report— Hampton Inn March 4, 2016 Page 6 The existing site condition is 55% impervious surface coverage. This waiver is being requested in order to provide the parking necessary to support the hotel use. E. Street Facade Building Breaks. City Code requires 40 feet maximum. 52 feet is proposed. Due to the guestroom nature of the hotel, there is a location on the structure that proposes a 52 foot building break. Compliance with the 40 foot requirement in this instance would require significant redesign of the floorplan/guestroom mix. F. Street Level Frontage Transparency. City Code requires 40% minimum required. 15% proposed. The Town Center Commercial zoning district requires street level frontage transparency to promote views of non-residential space or product display areas. This waiver is requested due to the type of use (guestrooms), location of mechanical rooms and grades on the site not being conducive to street level viewing. In order to compromise the intent of the code with the proposed site conditions, the proponent is proposing to add spandrel glazing to areas of the façade that would not normally include window spaces. G. Primary Entrance. City Code requires 60 feet maximum separation. Complete waiver is requested. The Town Center Commercial requirements include requiring primary entrances every 60 feet in order to promote a vibrant pedestrian experience. The applicant is proposing that this requirement be waived completely for hotel uses due to the type of use and potential security risks associated with multiple entrances. H. Parking Stall Count. City Code requires 113 stalls. 106 proposed. This waiver is requested in order to minimize impacts to the wetland buffer areas and reduce the amount of impervious surface area. Similar sized projects with similar parking provided have been evaluated by the project proponent and have demonstrated the ability to meet the parking demand. Additionally, the site is adjacent to the proposed LRT line which may decrease demand for employee parking. I. Parking Stall Width. 9 foot minimum required. 8 foot 6 inch is proposed for 52 of the underground parking stalls. The proponent has provided a parking study to evaluate parking needs, as well as, parking design. The proposed parking stall width is consistent with the finding of the parking study. J. Parking Drive Aisle Width. City Code requires 25 feet minimum for 2 way traffic, no standard is listed for one way traffic. 20 feet is proposed for one way traffic in the parking structure. The proposed aisle width of 20 feet exceeds the recommendations provided in the parking study and is not in conflict with City Code requirements. K. Free Standing Sign Setback. City Code requires 20 feet minimum. 2 feet is proposed. Compliance with the 20 foot setback requirement would locate the sign deep within the site either within or behind a drive aisle. Given the significant amount of right of way along Technology Drive, the sign location would be approximately 53 feet behind the property line. The proposed location would Staff Report— Hampton Inn March 4, 2016 Page 7 require the vacation of a portion of the underlying easement. The applicant would need to initiate and receive approval of said easement prior to installation of the sign. Staff recommends that this sign not be installed prior to LRT construction in order to minimize potential conflicts with construction activity. L. Wetland Buffer Width. Requesting an 18 foot waiver to the minimum average from Lake Idlewild and a 14 foot waiver from the identified wetland. This waiver is requested in order to accommodate the structure and underground parking needed to support the use proposed on the site. M. Structure Setback from Wetland Buffer. Requesting a 3 foot 5 inch waiver to the setback requirement from Lake Idlewild and a 15 foot 2 inch setback from the identified wetland. This waiver is requested in order to accommodate the structure and underground parking needed to support the use proposed on the site. 5. All signage shall require review and approval of a sign permit. Area Location Map - Hampton Inn #2015-15 Site Address: 11825 Technology Drive, Eden Prairie, Minnesota 55344 Interstate 494 R Technology Drive ♦,� SITE LEONA RD Flying Cloud Drive I Q I z w 0 N 1 C (____ 20, 410 t� \ L E L� r-�_ 1 1 1 I I 1 Guide Plan Map - Hampton Inn 2015-18 11825 Technology Drive, Eden Prairie, MN 55344 (-----'-- Interstate 494 Y D R , Technology Drive -I A I(( r r ake Idle wild j / -''illm ----„, SITE -.% A RD i . , jFlying Cloud Drive CZ A r,.0 Iii , r , f", :4 A ilL r ..4 . e, w r ,;•_-..- v rgr =4.4', r 4 * Or 4? f4 C rIsAv ;',,,t"tirr/A r / i Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre nip Community Commercial Streams I Low Density/Public/Open Space - Regional Commercial -Principal Arterial -A Minor Arterial - Medium Density residential 2.5-10 Units/Acre ®Town Center '•i . +;. ,t -B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 I-I Medium Density Residential/Office - Park/Open Space -Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-0705 DATE Revised 06-0107 E D E N IHigh Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collector DATE Revised 03-23-06 DATE Revised 03-01-08 Airport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open Water EIVE•WORK•DHEAM M• ogamm�Me mo f� Office/Public/Open Space Right-Of-Way 440 220 0 Mfoµi 440 Feet - Industrial Zoning Map - Hampton Inn 2015-15 11825 Technology Drive Eden Prairie, Minnesota 55344 ( -,:-„,„ Technology Driv 1 Interstate 494 ----------------------, l GY DR -41W ---- SITE li ----- \ I O NA RD 41_ Flying Cloud Drive Q ‘,.... .:0) Ili jzziT Ct WI 44/ w Q si ith of Eden Prairie Zon&6 Map iligill =Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. -TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) . 1 1 ,f. t R1-9.5 One Family-9,500 sf min. _Industrial Park-2 Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ll Industrial Park-5Acre Min. -RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 EDEN Office AI Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE iIF t Neighborhood Commercial n Golf Course Date:March 1,2009 Community Commercial l I Water In case of discrepancy related to a toning classitmaaon on this zoning map,the Ordinance tIVE•WOBIC•tlfi EI1M and attached legal description on file at Eden Paine Ciry Center will prevail. -Highway Commercial I I Right of Way -Regional Service Commercial 0 0,075 0.1 5 Milesm°au_...m..=m._..®..g..o.a.,a ..o....sa..m ,..,,mo, Aerial Map -Hampton Inn 2015-15 Address:11825 Technology Drive, Eden Prairie, Minnesota 55344 II . ' Interstate 494 ' - • Technology Drive - \� 71.5.77:-.00.,-.. 111111k.. 4,7.- ..,,,,,,, ..• AWL R I 'w y. •.x .. — ' �- ' ..... hIMMINIII Y � r '- SITE �` �, ,F- ' • rh .ti. in., .,•,..;=.•,...•.,,,,•.‘,..•,.......•,..._Jo.... _....,. . . 4. "•7 '..i. • itiA - . .1, ..... i . / it •.r.i ti. .. ..;a`-- joi, 4 • �. PlA.:..t.. h ' 1 — • � _ Flying Cloud Drive 3: 4 a�► T' 1 '0 1 5 2.70 54 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,MARCH 14, 2016 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 CITY STAFF: Julie Klima, City Planner Rod Rue, City Engineer Matt Bourne, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Wuttke was absent. II. APPROVAL OF AGENDA MOTION: Higgins moved, seconded by Pieper, to approve the agenda. Motion carried 6-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON FEBRUARY 22, 2016 MOTION: Kirk moved, seconded by Farr, to approve the Planning Commission Minutes. Motion carried 6-0. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS C. HAMPTON INN Location: 11825 Technology Drive Request for: • Planned Unit Development Concept Review on 1.7 acres • Planned Unit Development District Review with waivers on 1.7 acres • Zoning District Change from Commercial Regional Service to Town Center Commercial on 1.7 acres PLANNING COMMISSION MINUTES March 14, 2016 Page 2 • Site Plan Review on 1.7 acres Kevin Hansen, architect with Cities Edge and representing D & T Eden Prairie, presented the proposal. Mr. Hansen said that Torgersen Developers are one of the largest hotel developers with properties around the metro area. Through several months of working on a plan, Mr. Hansen said they are here tonight to review their proposal. He showed an overview of the site, which is located between Technology Drive and Flying Cloud Drive and pointed out, in the future, this location would be adjacent to the LRT. The site plan is 1.7 acres and is irregular in shape and not conducive for a lot of surface parking. There is a utility easement on the north side and a wetland easement on the south side of the property. They are proposing 106 parking stalls for the site and the City Code is 113. Seven stalls have been reduced due to the wetland buffer requirements. There will be underground parking as well as a pool located on the lower level. The main floor will have meeting rooms with a large lobby space and an eating area. There will be 105 units. He stated they are meeting City Code for the material requirement and showed the Commission the materials they will be using. Mr. Hansen said they will work with City Staff on the canopy issue. Chair Stoltz asked Klima to review the staff report. Klima said this project proponent is proposing a zoning change to Town Center Commercial and multiple waivers are requested. One waiver is for parking, other waiver requests are specific to the performance standards in the Town Center Commercial district. Staff is recommending approval based on the staff report. Weber asked why staff is recommending a waiver for transparency. He said we are giving a cookie cutter proposal and the project could be adjusted not to fit in that mold. Klima said for visibility is supportable due to the unique nature of a hotel and the intent of the Town Center area. Weber said he disputes it because it is within the 10 minute walkshed and feels the Commission is being asked to approve too many waivers and he votes no for the project. Farr said he noted it was a standard design with many waivers. One thing that was noted was the sidewalk was closer to the road than the hotel and he would like to see it closer to the hotel and bring it down the hill, making it more pedestrian gauged. Rue said there would have to be trail easements and said he is not sure how people would feel walking on a trail so close to the building and removed from the active area of the street. The project proponent said if the trail is brought down closer to the building it makes it harder in regards to the LRT crossing but said they could look into it. Kirk said there may be a benefit taking it down and connecting with Lake Idewild Trail. Chair Stoltz opened the meeting up for public input. PLANNING COMMISSION MINUTES March 14, 2016 Page 3 Tom Oakes, of 6731 Wakefield Drive, asked if the building had to be 5 stories high and if the project is reliant on the LRT to succeed. Mr. Hansen said in regards to the height, the 5 stories is the bare minimum for the building in order to make a profit. The project is also not reliant on the LRT to be successful,but views the LRT as a benefit. Mr. Hansen said it is a difficult site to work with but stated there is a lot of public space to be viewed. They did modify the lay out of the lobby to face the lake and as far as the cookie cutter design, it is an improvement to the exterior design which is the Hampton Inn prototype. MOTION: Farr moved, seconded by Higgins, to close the public hearing. Motion carried 6-0. MOTION: Farr moved, seconded by Kirk, to recommend approval of the Planned Unit Development Concept Review on 1.7 acres; Planned Unit Development District Review with waivers on 1.7 acres; Zoning District Change from Commercial Regional Service to Town Center Commercial on 1.7 acres; and Site Plan Review on 1.7 acres based on the information included in the staff report dated March 4, 2016 and plans stamp dated February 12, 2016. Motion carried 5-1, with Weber opposing. VII. PLANNERS' REPORT Klima said the City Council did approve appointments to the Planning Commission at its March 8, 2016 meeting. There will be two new members joining the Planning Commission beginning April 1, 2016: Mark Frieberg and Tom Paol; Ann Higgins was reappointed. Jon Stoltz was appointed Chair and Andrew Pieper was appointed Vice Chair. VIII. MEMBERS' REPORT A. COMMUNITY ADVISORY COMMITTEE (CAC) REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION: Farr moved, seconded by Kirk, to adjourn the Planning Commission meeting. Motion carried 6-0. Chair Stoltz adjourned the meeting at 7:42 p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims April 05, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 245168 - 245718 Wire Transfers 1013450 - 1013659 Wire Transfers 5693 - 5722 City of Eden Prairie Council Check Summary 4/5/2016 Division Amount Division Amount 37,539 308 E-911 42 100 City Manager 1,499 309 DWI Forfeiture 62 101 Legislative 5,622 315 Economic Development 10,319 102 Legal Counsel 30,774 445 Cable PEG 34,832 110 City Clerk 526 502 Park Development 1,325 111 Customer Service 9,510 506 Improvment Bonds 1996 2,063 112 Human Resources 20 509 CIP Fund 85,573 113 Communications 19,715 513 CIP Pavement Management 155 114 Benefits&Training 3,531 522 Improvement Projects 2006 2,162 130 Assessing 8,456 528 Shady Oak Rd-CR 61 North 551 131 Finance 6,564 529 Shady Oak Rd-CR 61 South 71,093 132 Housing and Community Services 312 530 Pool Upgrade/Expansion 167,858 133 Planning 915 531 Eden Prairie Road 271 136 Public Safety Communications 10,173 535 TC Station/NS Road 2,314 137 Economic Development 8,192 536 General LRT 60,181 138 Community Development Admin. 194 Total Capital Projects Fund 438,802 150 Park Administration 553 151 Park Maintenance 9,017 601 Prairie Village Liquor 186,414 153 Organized Athletics 258 602 Den Road Liquor 320,491 154 Community Center 21,573 603 Prairie View Liquor 212,967 156 Youth Programs 8,841 605 Den Road Building 4,089 157 Special Events 150 701 Water Fund 247,352 158 Senior Center 5,689 702 Sewer Fund 332,430 159 Recreation Administration 6,823 703 Storm Drainage Fund 33,413 160 Therapeutic Recreation 30 Total Enterprise Fund 1,337,157 162 Arts 9,569 163 Outdoor Center 1,406 168 Arts Center 1,544 803 Escrow Fund 17,187 180 Police 60,452 806 SAC Agency Fund 9,940 184 Fire 27,968 807 Benefits Fund 1,196,442 186 Inspections 2,621 812 Fleet Internal Service 124,667 200 Engineering 452 813 IT Internal Service 368,996 201 Street Maintenance 15,026 814 Facilities Capital ISF 84,956 202 Street Lighting 3,338 815 Facilites Operating ISF 72,322 Total General Fund 318,850 816 Facilites City Center ISF 103,172 817 Facilites Comm.Center ISF 122,847 301 CDBG 38,858 Total Internal Svc/Agency Funds 2,100,528 303 Cemetary Operation 517 Total Special Revenue Fund 39,375 Report Total 4,234,712 City of Eden Prairie Council Check Register by GL 4/5/2016 Check# Amount Supplier/Explanation Account Description Business Unit Comment 245639 311,946 METROPOLITAN COUNCIL MCES User Fee SAC Agency Fund Wastewater Svc Fee 245212 254,022 HEALTHPARTNERS Accounts Receivable Health and Benefits Premiums for March2016 5705 236,366 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Ultimate-Payroll Taxes 5717 233,740 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Ultimate-Payroll Taxes 5703 158,518 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 5715 156,698 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 245388 151,125 TYLER TECHNOLOGIES INC Software Maintenance IT Operating New World Annual Maint. 245681 129,104 RIM CONSTRUCTION INC Building Aquatics&Fitness Expansion Aquatics Addition 1013598 115,192 XCEL ENERGY Electric Traffic Signals Electric bill 5711 99,269 MINNESOTA DEPT OF REVENUE Sales Tax Payable Water Enterprise Fund 245307 74,889 DIVERSIFIED CONSTRUCTION Other Contracted Services Police City Center 245614 65,048 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 245637 62,496 METRO TRANSIT Design&Engineering TC Station/NS Road 1013484 53,018 LOGIS GIS Staff Augmentation IT Operating 1013643 46,955 LOGIS Network Support IT Operating 1013475 46,005 CENTERPOINT ENERGY SERVICES INC Gas Water Treatment Plant 245420 43,957 C S MCCROSSAN CONSTRUCTION INC Improvement Contracts Shady Oak Rd-CR 61 South 245230 43,592 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 245462 43,505 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 1013650 41,519 SHI CORP Software Maintenance IT Operating 1013638 35,911 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Legal Criminal Prosecution 245335 35,542 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 245303 35,000 CORNERSTONE ADVOCACY SERVICE Other Contracted Services Police 245286 33,853 AVI SYSTEMS INC Other Assets Cable PEG 245704 33,562 ULTIMATE SOFTWARE GROUP,THE Ultimate(prey.Ceridian) IT Operating 5707 29,779 EMPOWER Deferred Compensation Health and Benefits 245241 29,256 MINNESOTA DEPT OF HEALTH Licenses,Permits,Taxes Water Testing 1013479 28,535 HANSEN THORP PELLINEN OLSON Other Contracted Services Improvement Projects 1996 1013488 27,870 MOTOROLA Machinery&Equipment Capital Maint.&Reinvestment 245360 27,086 NELSON AUTO CENTER,INC Autos Police 245652 27,066 NELSON AUTO CENTER,INC Autos Police 245687 25,973 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1013532 25,162 DIVERSE BUILDING MAINTENANCE Janitor Service Public Works/Parks 245234 25,000 LEAGUE MN CITIES INS TRUST Miscellaneous Storm Drainage 1013631 23,439 DIVERSE BUILDING MAINTENANCE Tenant 1 -Janitor Service Prairie Village Liquor Store 1013499 23,347 WALL TRENDS INC Contract Svcs-Gen.Bldg Fitness/Conference-Cmty Ctr 245503 22,469 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 5719 22,450 EMPOWER Deferred Compensation Health and Benefits 245202 22,443 EXECUTIVE TITLE Refunds CDBG-Public Service 245441 20,100 GARDNER BUILDERS Contract Svcs-General Bldg City Hall-CAM 245372 19,852 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment Plant 245229 19,606 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 245175 18,898 ABM ONSITE SERVICES-MIDWEST Janitor Service City Hall-CAM 245259 18,424 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 245666 18,190 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 245548 18,092 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comment 245670 18,072 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 1013605 17,535 INTEREUM INC Building Aquatics&Fitness Expansion 245334 17,253 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 1013651 16,796 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 2006 245676 16,750 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment Plant 245461 16,457 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 5706 16,366 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 5710 15,969 GENESIS EMPLOYEE BENEFITS,INC Other Deductions Health and Benefits 5718 15,852 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 1013524 15,283 WSB&ASSOCIATES INC Other Contracted Services Water Capital 245365 15,000 PARK AT CITY WEST APARTMENTS,LLC Right of Way&Easement Shady Oak Road/CR 61 NORTH 245237 14,931 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 5708 14,761 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 5714 14,671 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 1013497 14,492 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 245571 14,330 DURST&GANS BUILDING CORP Other Contracted Services Rehab 245380 14,232 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 245671 14,030 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 245567 13,943 DATALINK Hardware-Rpr&Mtc IT Operating 245672 13,932 PRINT SOURCE MINNESOTA Printing Prairie Village Liquor Store 245270 13,138 WIRTZ BEVERAGE MINNESOTA Liquor Product Received Prairie View Liquor Store 245438 12,115 FIRE SAFETY USA INC Protective Clothing Fire 245308 12,088 DUSTRUD,STEPHANIE Instructor Service Utility Operations-General 245182 11,518 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 245300 11,428 CLIFTONLARSONALLEN LLP Audit&Financial Finance 245485 11,132 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 245321 11,050 GS SYSTEMS INC Improvement Contracts Sewer Capital 1013594 10,702 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 245250 10,561 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 5699 10,548 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 245432 10,484 DSO ARCHITECTURE INC Design&Engineering Capital Maint.&Reinvestment 245613 10,405 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 245294 10,284 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Den Road Liquor Store 245272 10,123 XTREME INTEGRATION Capital Under$25,000 Garden Room Repairs 245407 10,000 ACCELERATED TECHNOLOGIES LLC Building Aquatics&Fitness Expansion 1013490 10,000 NOVOTX LLC Maintenance Contracts Utility Operations-General 1013583 9,373 HEWLETT-PACKARD COMPANY Computers IT Operating 1013654 9,127 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 245280 8,980 AMERICAN WATER WORKS ASSOCIATION Dues&Subscriptions Utility Operations-General 5713 8,905 GENESIS EMPLOYEE BENEFITS,INC HSA-Employer Health and Benefits 245320 8,598 GRAYMONT Treatment Chemicals Water Treatment Plant 245470 8,557 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 245446 8,250 GRAYMONT Treatment Chemicals Water Treatment Plant 245418 8,107 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 245368 8,000 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 245244 8,000 MORRIS LEATHERMAN COMPANY Other Contracted Services Economic Development 5700 7,579 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 245549 7,309 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 1013580 7,200 FACTORY MOTOR PARTS COMPANY Small Tools Fleet Operating 1013578 7,072 CENTERPOINT ENERGY Gas Cummins Grill Check# Amount Supplier/Explanation Account Description Business Unit Comment 245525 6,979 WORKS COMPUTING INC Software Maintenance IT Operating 245708 6,838 WELSH COMPANIES Other Contracted Services City Center Operations 1013602 6,790 BRAUN 1NTERTEC CORPORATION Building Aquatics&Fitness Expansion 245268 6,651 VIDEOTRONIX INC Other Contracted Services Facilities Capital 245168 6,623 US POSTMASTER-HOPKINS Postage Community Brochure 1013487 6,614 METRO SALES INCORPORATED* Other Rentals IT Operating 245253 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications 245374 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications 245269 6,053 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 5702 5,885 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 245224 5,804 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 245277 5,652 ACOUSTICS ASSOCIATES INC Other Contracted Services Den Road Liquor Store 245262 5,525 SUBURBAN RATE AUTHORITY Dues&Subscriptions City Council 245296 5,500 CARVER COUNTY LICENSE CENTER Autos Police 245342 5,281 LAKE COUNTRY DOOR LLC Equipment Repair&Maint Fire Station#4 245597 5,248 H&L MESABI Equipment Parts Fleet Operating 1013549 5,031 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store 245345 5,000 LISC Other Contracted Services Arts 245600 4,924 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 5722 4,891 GENESIS EMPLOYEE BENEFITS,INC Other Deductions Health and Benefits 245492 4,762 RUPPERT APPRAISAL&CONSULTATION INC Right of Way&Easement Shady Oak Rd-CR 61 South 245324 4,682 H&L MESABI Equipment Parts Fleet Operating 245434 4,569 DYNAMIC IMAGING SYSTEMS INC Software Maintenance IT Operating 245706 4,511 VERIZON WIRELESS Other Contracted Services IT Operating 245278 4,500 ACROSS THE STREET PRODUCTIONS Tuition Reimb-College Tuition Fire 245663 4,336 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 245457 4,309 IMPACT PROVEN SOLUTIONS Other Contracted Services Environmental Education 245396 4,300 WILFORD,GESKE&COOK,P.A Deposits Escrow 245574 4,299 EDEN PRAIRIE COMMUNITY EDUCATION Building Rental Winter Theatre 245207 4,297 GRAYMONT Treatment Chemicals Water Treatment Plant 1013624 4,230 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM 245588 4,142 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Building Fitness/Conference-Cmty Ctr 245557 4,140 CENTURY COLLEGE Tuition Reimb-College Tuition Fire 245594 4,103 GRAYMONT Treatment Chemicals Water Treatment Plant 245710 4,023 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1013471 4,017 A-SCAPE INC Contract Svcs-Snow Removal Fire Station#5 245645 3,871 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 1013469 3,805 ADVANCED ENGINEERING&ENVIRONMENTAL SE Design&Engineering Sewer Liftstation 245422 3,803 CENTURYLINK Telephone Cummins Grill 245488 3,751 PROFESSIONAL FOOD SERVICE Other Contracted Services Special Events&Trips 1013522 3,699 VAN PAPER COMPANY Janitor Service City Center Operations 245510 3,598 STONEWOOD CORPORATION Right of Way&Easement Shady Oak Rd-CR 61 South 1013535 3,578 GARTNER REFRIGERATION&MFG INC Contract Svcs-Ice Rink Ice Arena Maintenance 245179 3,447 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 245377 3,446 SEATING AND ATHLETIC FACILITY ENTERPRISE Capital Under$25,000 Aquatics&Fitness Expansion 245410 3,386 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 245378 3,325 SOCCER SHOTS Instructor Service Preschool Events 5701 3,324 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration 245501 3,296 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 1013481 3,295 ITRON INC. Maintenance Contracts Water Metering Check# Amount Supplier/Explanation Account Description Business Unit Comment 245471 3,286 MICHALES,MARILYN J Right of Way&Easement Shady Oak Rd-CR 61 South 5698 3,245 SAGE PAYMENT SOLUTIONS Bank and Service Charges Sewer Utility-General 1013510 3,218 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 245677 3,196 RETROFIT COMPANIES,INC,THE Contract Svcs-Electrical City Hall-CAM 1013616 3,041 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Safe Fire Station#1 245487 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 1013495 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Treatment Plant 245536 2,993 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1013503 2,939 XCEL ENERGY Electric Water Wells 1013626 2,922 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 245476 2,903 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 1013617 2,875 VAN PAPER COMPANY Tenant 1 -Cleaning Suppli Fitness/Conference-Cmty Ctr 245397 2,868 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 245524 2,862 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 245344 2,857 LIONS TAP Reimbursement-legal notices Escrow 245394 2,852 WEIGHT WATCHERS NORTH AMERICA INC Other Contracted Services Organizational Services 1013649 2,843 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Fleet Operating 1013474 2,842 CDW GOVERNMENT INC. Capital Under$25,000 IT Operating 245609 2,835 INTERTECH INC Contract Development IT Operating 1013621 2,826 ADVANCED ENGINEERING&ENVIRONMENTAL SE Design&Engineering Water Wells 245203 2,811 FIRE SAFETY USA INC Protective Clothing Fire 1013548 2,810 STREICHERS Protective Clothing Police 1013597 2,804 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 245711 2,746 WORKS COMPUTING INC Software and Hardware IT Capital 245521 2,740 VESSCO INC Repair&Maint. Supplies Water Treatment Plant 245366 2,719 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 1013619 2,716 WENCK ASSOCIATES INC Other Contracted Services Storm Drainage 245443 2,647 GENERAL OFFICE PRODUCTS COMPANY Supplies-Garden Room Garden Room Repairs 245221 2,504 HENNEPIN COUNTY TREASURER Other Contracted Services TIF-HO PROPERTIES 245248 2,461 OPEN PLAN SYSTEMS Office Supplies Utility Operations-General 1013625 2,431 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 1013573 2,360 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 245205 2,329 GENERAL OFFICE PRODUCTS COMPANY Office Supplies Utility Operations-General 1013526 2,291 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 1013629 2,258 CDW GOVERNMENT INC. Hardware-Rpr&Mtc IT Operating 1013567 2,222 MPX GROUP,THE Printing Senior Center Admin 245204 2,175 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 245620 2,171 KORTERRA,INC OCS-Leak Detection Utility Operations-General 245227 2,160 INTERTECH INC Contract Development IT Operating 1013493 2,114 POMP'S TIRE SERVICE INC Tires Fleet Operating 245326 2,068 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 245333 2,025 INTERTECH INC Contract Development IT Operating 245455 2,008 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 245198 2,006 EARL F ANDERSEN INC Signs Traffic Signs 245425 2,000 CITY OF EDEN PRAIRIE FIRE RELIEF Deposits Escrow 245435 2,000 ENVIRONMENTAL EQUIPMENT&SERVICES Equipment Parts Fleet Operating 245705 1,995 VAISALA Other Contracted Services Snow&Ice Control 245544 1,986 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 1013537 1,976 GRANGER Supplies-General Building Public Works/Parks 245673 1,966 PROFESSIONAL FOOD SERVICE Operating Supplies Wine Club/Events Check# Amount Supplier/Explanation Account Description Business Unit Comment 245348 1,942 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 1013618 1,927 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 245444 1,926 GLEWWE DOORS INC Contract Svcs-General Bldg Cummins Grill House 1013530 1,918 CENTERPOINT ENERGY Gas Sewer Liftstation 245235 1,900 LIFE SUPPORT INNOVATIONS Conference/Training Street Maintenance 245522 1,888 VIDEOTRONIX INC Equipment Repair&Maint Public Safety Communications 245226 1,864 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 245483 1,863 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 245650 1,847 NAC Contract Svcs-HVAC Fitness/Conference-Cmty Ctr 5709 1,832 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 245373 1,807 RETROFIT COMPANIES,INC,THE Supplies-Electrical City Hall-CAM 5720 1,795 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 1013533 1,776 EPA AUDIO VISUAL INC Other Assets Public Safety Communications 245472 1,765 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Concessions 1013470 1,759 ANCHOR PAPER COMPANY Office Supplies Customer Service 245478 1,743 NORTH METRO AUTOGLASS+D9 Other Contracted Services Rehab 1013576 1,741 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 245606 1,709 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 245459 1,700 INDEPENDENT TESTING TECHNOLOGIES INC Design&Engineering Capital Maint.&Reinvestment 1013584 1,673 HORIZON COMMERCIAL POOL SUPPLY Other Contracted Services Pool Maintenance 1013563 1,666 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 245249 1,649 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 1013635 1,641 GENUINE PARTS COMPANY Repair&Maint-Ice Rink Sewer System Maintenance 245718 1,640 MINNESOTA MUNICIPAL BEVERAGE ASSOCIATION Conference/Training Prairie Village Liquor Store 1013465 1,629 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 1013639 1,627 HEWLETT-PACKARD COMPANY Computers Utility Operations-General 1013559 1,603 CLAREY'S SAFETY EQUIPMENT Clothing&Uniforms Customer Service 1013551 1,597 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 1013539 1,535 INDUSTRIAL FLOOR MAINTENANCE INC. Equipment Parts Fleet Operating 245239 1,485 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Concessions 1013483 1,485 KIDCREATE STUDIO Instructor Service Arts Center 245219 1,477 HENNEPIN COUNTY TREASURER Other Contracted Services TIF-EDEN SHORES SENIOR HOUSING 245611 1,469 ITS A KEEPER Employee Award Internal Events 245201 1,459 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Police 1013505 1,449 XCEL ENERGY Electric Traffic Signals 1013501 1,368 WESTWOOD PROFESSIONAL SERVICES INC Design&Engineering Improvement Projects 2006 245411 1,360 ARVIG Fiber Lease Payments IT Operating 1013572 1,339 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 1013608 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM 1013478 1,317 GRAINGER Repair&Maint. Supplies Park Maintenance 1013455 1,308 JOHN HENRY FOSTER MINNESOTA INC Equipment Repair&Maint Water Treatment Plant 245500 1,305 SIGNSOURCE Signs Prairie Village Liquor Store 245358 1,292 NAC Contract Svcs-HVAC Outdoor Center Facilities 245398 1,271 WIRTZ BEVERAGE MINNESOTA BEER INC Liquor Product Received Prairie Village Liquor Store 1013504 1,253 ZIEGLER INC Equipment Parts Fleet Operating 245256 1,250 SHELBY DON Other Contracted Services Senior Center Programs 1013454 1,248 FASTENAL COMPANY Operating Supplies Park Maintenance 1013622 1,221 AMERICAN TIME&SIGNAL CO Supplies-General Bldg Pool Maintenance 1013527 1,216 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 245210 1,204 H&L MESABI Equipment Parts Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comment 245289 1,200 BCA/CRIMINAL JUSTICE TRAINING&EDUCATIO Tuition Reimbursement/School Police 245578 1,199 ELECTRICAL INSTALLATION&MAINTENANCE Equipment Repair&Maint Water Treatment Plant 245371 1,183 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Hall-CAM 1013630 1,163 CENTERPOINT ENERGY Gas Fire Station#4 1013600 1,156 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Senior Center 245218 1,140 HENNEPIN COUNTY TREASURER Other Contracted Services TIF-LINCOLN PARC APTS 245641 1,137 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions 245216 1,136 HENNEPIN COUNTY TREASURER Other Contracted Services TIF-HEIGHTS AT VALLEY VIEW 1013642 1,110 KIDS TEAM TENNIS LLC Instructor Service Tennis 245292 1,106 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 245284 1,098 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1013534 1,095 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment Plant 245628 1,089 LUTHY SANDBLASTING&PAINTING INC Signs Traffic Signs 1013657 1,057 WATSON CO INC,THE Merchandise for Resale Concessions 245214 1,041 HENNEPIN COUNTY TREASURER Other Contracted Services TIF-TOWN CENTER 1013502 1,039 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 5712 1,021 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 245661 1,020 PATHFINDER CRM,LLC Other Contracted Services Heritage Preservation 245630 1,013 MARCO INC Other Contracted Services IT Telephone 245352 1,010 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Den Road Liquor Store 1013523 998 VINOCOPIA Liquor Product Received Den Road Liquor Store 245507 996 SPOK,INC. Pager&Cell Phone IT Operating 1013577 992 BOYER TRUCKS Equipment Parts Fleet Operating 245297 988 CENTURYLINK Telephone IT Operating 1013637 979 GRANICUS INC Equipment Repair&Maint Cable PEG 245423 959 CENTURYLINK Other Broadband Internet IT Telephone 245255 947 SCHERER BROTHERS LUMBER CO Building Materials Traffic Signs 245638 944 METROPOLITAN COMPOUNDS INC Repair&Maint. Supplies Utility Operations-General 245245 942 NORTHLAND MECHANICAL CONTRACTORS Equipment Repair&Maint Water Treatment Plant 245217 932 HENNEPIN COUNTY TREASURER Other Contracted Services TIF-ROLLING HILLS SR HSG 1013659 930 XCEL ENERGY Electric Outdoor Center 245415 915 BLOOMINGTON,CITY OF Equipment Testing/Cert. Animal Control 245490 903 RETROFIT COMPANIES,INC,THE Supplies-Electrical Facilities Staff 1013521 890 STONEBROOKE Autos Fire 245563 889 COSTCO Operating Supplies Street Maintenance 1013620 879 YOUNGSTEDTS COLLISION CENTER Autos Police 245188 866 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 245323 866 GYM WORKS Equipment Repair&Maint Community Center Admin 245177 864 AFTER BURNER AUTO BODY Auto Repair&Maint. Utility Operations-General 245419 845 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Sfty City Hall-CAM 245328 845 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 245667 839 POLLARD WATER Small Tools Water System Maintenance 245499 835 SIGNSOURCE Signs Den Road Liquor Store 1013468 828 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 245197 824 E A SWEEN COMPANY Merchandise for Resale Concessions 1013658 822 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 1013451 821 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 245414 799 BERGERSON-CASWELL INC Outside Water Sales Escrow 1013506 796 BATTERIES PLUS Repair&Maint-Ice Rink Ice Arena Maintenance 1013585 794 INDUSTRIAL FLOOR MAINTENANCE INC. Equipment Parts Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comment 245458 793 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 245254 789 RINK SYSTEMS INC Repair&Maint-Ice Rink Ice Arena Maintenance 1013552 773 XCEL ENERGY Electric Forest Hills Park 1013645 772 MENARDS Equipment Parts Flying Cloud Fields 1013606 765 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment Plant 245531 765 ABRASIVE TECHNOLOGIES INC Training Supplies Police 245532 762 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Fire 1013516 761 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 1013568 751 PAUL'S TWO-WAY RADIO Other Contracted Services Public Safety Communications 245376 750 SCOTT COUNTY TREASURER Other Rentals Police 245497 745 SIGNSOURCE Signs Aquatics&Fitness Expansion 245429 742 CUMMINS NPOWER LLC Equipment Repair&Maint Fleet Operating 245350 737 MANOR HOMES OF CINNAMON RIDGE Refunds Storm Drainage 245215 736 HENNEPIN COUNTY TREASURER Other Contracted Services TIF-SUPERIOR OFFICE CTR 1013485 728 MCNEILUS STEEL INC Repair&Maint. Supplies Water System Maintenance 245312 719 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store 245528 701 ABM EQUIPMENT AND SUPPLY COMPANY Equipment Repair&Maint Fleet Operating 245243 696 MN DEPT OF TRANSPORTATION Testing-Soil Boring Shady Oak Rd-CR 61 South 1013646 686 METRO SALES INCORPORATED* Equipment Rentals IT Operating 1013467 680 VINOCOPIA Liquor Product Received Prairie View Liquor Store 245359 680 NAHRO Mileage&Parking Community Development Admin. 245403 678 PETTY CASH Mileage&Parking Police 245317 675 FRESHWATER SOCIETY Conference/Training Street Maintenance 1013565 673 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment Plant 245238 670 MEDICINE LAKE TOURS Special Event Fees Trips 1013462 667 R&R SPECIALTIES OF WISCONSIN INC Contract Svcs-Ice Rink Ice Arena Maintenance 245508 659 STAPLES ADVANTAGE Office Supplies Police 245325 650 HARTMANN ELECTRIC INC Other Contracted Services Den Road Liquor Store 1013507 639 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1013628 638 BIFFS INC Other Contracted Services Park Maintenance 245554 634 CALIFORNIA CONTRACTORS SUPPLIES INC Safety Supplies Utility Operations-General 1013541 632 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 245357 625 MN CIT OFFICERS ASSOCIATION Tuition Reimbursement/School Police 245591 625 GLASS&MIRROR OUTLET INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 1013595 610 ULINE Operating Supplies Police 1013500 605 WATSON CO INC,THE Merchandise for Resale Concessions 245263 600 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 245228 600 JC PENNY CORPORATION False Alarm Fees General Fund 245369 599 PLASTIC BAG MART Liquor Product Received Den Road Liquor Store 1013591 598 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment Plant 1013536 595 GOVERNMENT FINANCE OFFICERS ASSN Dues&Subscriptions Finance 245697 585 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 245309 583 E A SWEEN COMPANY Merchandise for Resale Concessions 245480 581 ORGANIX SOLUTIONS Waste Disposal City Center Operations 1013582 577 GRAINGER Repair&Maint. Supplies Water Wells 245265 576 TKO WINES,INC Liquor Product Received Prairie Village Liquor Store 245222 573 HENNEPIN COUNTY TREASURER Other Contracted Services TIF-COLUMBINE ROAD HOUSING 245181 572 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 1013472 569 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 245220 564 HENNEPIN COUNTY TREASURER Other Contracted Services TIF-EDENVALE TOWNHOMES Check# Amount Supplier/Explanation Account Description Business Unit Comment 245696 555 SYMBOLARTS Operating Supplies Police 245649 553 MRPA Conference/Training Parks Administration 1013588 550 MENARDS Equipment Repair&Maint Edenvale Park 245601 550 HENNEPIN COUNTY I/T DEPT Software Maintenance IT Operating 245330 546 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Park Shelters 1013615 543 THE OASIS GROUP Employee Assistance Organizational Services 245225 535 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1013589 534 METRO SALES INCORPORATED* Equipment Rentals IT Operating 1013496 531 STREICHERS Clothing&Uniforms Police 245445 531 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 245382 529 STAPLES ADVANTAGE Office Supplies Customer Service 1013529 524 CDW GOVERNMENT INC. Capital Under$25,000 Police 1013492 522 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 1013579 515 ESS BROTHERS&SONS INC Repair&Maint. Supplies Utility Operations-General 1013636 511 GRAINGER Repair&Maint-Ice Rink Water Metering 1013633 509 FERRELLGAS Gas Outdoor Center 245401 500 ANOKA COUNTY SHERIFF'S DEPT Deposits Escrow 245520 500 VAISALA Other Contracted Services Snow&Ice Control 245565 500 D H EXCAVATING Other Contracted Services Pleasant Hill Cemetery 1013543 498 MENARDS Operating Supplies Fire 245579 498 ENKI BREWING COMPANY INC Liquor Product Received Prairie View Liquor Store 245261 495 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 245337 495 JOHNSTONE SUPPLY Supplies-HVAC Fire Station#2 1013557 494 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 245314 493 EXECUTIVE OFFICE CONCEPTS,LTD Computer-Accessories IT Operating 245646 490 MINNESOTA SAFETY COUNCIL Conference/Training Street Maintenance 245505 487 SPEEDPRO IMAGING INC Operating Supplies Ice Operations 245498 483 SIGNSOURCE Signs Prairie View Liquor Store 245231 478 JOHNSTONE SUPPLY Supplies-HVAC Fire Station#2 245552 474 BRO-TEX INC Operating Supplies Fleet Operating 1013623 471 AMERITRAK Other Contracted Services Snow&Ice Control 245660 465 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 245506 463 SPIRIT APPAREL AND STUFF Operating Supplies Community Center Admin 245449 459 HD SUPPLY WATERWORKS LTD Small Tools Water System Maintenance 1013491 459 NUCO2 INC Supplies-Pool Pool Maintenance 245183 455 BROCK WHITE COMPANY LLC Repair&Maint. Supplies Sewer System Maintenance 245550 455 BROCK WHITE COMPANY LLC Repair&Maint. Supplies Utility Operations-General 1013653 452 STREICHERS Clothing&Uniforms Animal Control 245279 450 AMAZING ATHLETES OF SOUTHWEST METRO Instructor Service Tennis 245632 450 MARTIN-MCALLISTER Other Contracted Services Police 1013511 450 HACH COMPANY Process Control Equipment Water Treatment Plant 245206 439 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 245306 428 DISPLAY SALES Supplies-General Bldg City Hall-CAM 1013627 425 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1013587 422 KUSTOM SIGNALS INC Equipment Repair&Maint Police 245605 416 HOFFMAN WEBER CONSTRUCTION Building Permits General Fund 1013556 409 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1013611 406 R&R SPECIALTIES OF WISCONSIN INC Contract Svcs-Ice Rink Ice Arena Maintenance 245332 405 INDUSTRIAL EQUITES Cash Over/Short General Fund 245691 405 STATE FIRE MARSHAL DIVISION Conference/Training Fire Check# Amount Supplier/Explanation Account Description Business Unit Comment 1013550 402 WATSON CO INC,THE Merchandise for Resale Concessions 245566 400 D R HORTON INC AR Utility Water Enterprise Fund 245489 400 REID DAVID AR Utility Water Enterprise Fund 245513 398 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 245319 397 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 245517 397 UNIFORMS UNLIMITED Clothing&Uniforms Reserves 245288 396 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 245555 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 245475 383 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 1013486 381 MENARDS Operating Supplies Police City Center 245194 380 DEALER AUTOMOTIVE SERVICES INC Autos Fire 245690 376 STAPLES ADVANTAGE Office Supplies Customer Service 245343 375 LANO EQUIPMENT INC Other Rentals Sewer System Maintenance 245385 375 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 245184 373 CENTURYLINK Telephone IT Telephone 245260 372 STAPLES ADVANTAGE Office Supplies Customer Service 245364 365 ORGANIX SOLUTIONS Waste Disposal City Center Operations 245534 360 AMK RESEARCH SERVICES,LLC Other Contracted Services Senior Center Programs 245281 355 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 1013571 349 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Safe Fire Station#4 1013562 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1013593 343 SPS COMPANIES Supplies-Plumbing Facilities Staff 245402 335 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 245361 331 NORTHWESTERN POWER EQUIPMENT CO INC Repair&Maint. Supplies Water Treatment Plant 245174 330 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 245391 326 VERIZON WIRELESS Building Repair&Maint. Police 245586 326 GADEL GREG AR Utility Water Enterprise Fund 1013531 326 COMPRESSED AIR CONCEPTS LLLC Contract Svcs-General Bldg Public Works/Parks 245322 325 GTS Conference/Training Fire 245608 322 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 245276 320 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 5704 299 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 245678 294 RICH JOHN AR Utility Water Enterprise Fund 245413 289 BAUHAUS BREW LABS,LLC Liquor Product Received Den Road Liquor Store 1013477 286 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 5716 285 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 245540 284 BAUHAUS BREW LABS,LLC Liquor Product Received Prairie Village Liquor Store 1013575 283 A TO Z RENTAL CENTER Equipment Parts Street Maintenance 245428 280 COMCAST Other Broadband Internet IT Operating 245187 276 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 1013542 276 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 245592 271 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 245252 271 PROP United Way Withheld Health and Benefits 245514 267 THOMSON REUTERS-WEST Printing Police 1013581 266 FASTSIGNS Office Supplies Community Center Admin 245463 265 KEEPRS INC. Clothing&Uniforms Fire 1013480 264 HD SUPPLY FACILITIES MAINTENANCE Supplies-General Bldg Fire Station#1 1013540 263 KIDCREATE STUDIO Other Contracted Services Environmental Education 1013512 260 HIRSHFIELD'S Repair&Maint. Supplies Water Treatment Plant 245356 258 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals Check# Amount Supplier/Explanation Account Description Business Unit Comment 245421 256 C WORX TRAINING LLC Other Contracted Services Police 1013648 255 PITNEY BOWES Postage Customer Service 1013604 252 FASTENAL COMPANY Operating Supplies Fleet Operating 245339 252 KEEPRS INC. Training Supplies Police 245655 250 OAKES,KAREN Refunds Environmental Education 245209 249 GS DIRECT Operating Supplies Engineering 245558 248 CHILD SAFETY SOLUTIONS INC Printing Police 1013644 247 MATHESON TRI-GAS INC Operating Supplies Fleet Operating 245192 246 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld Health and Benefits 1013528 245 BOYER TRUCKS Equipment Parts Fleet Operating 245584 244 FLYING CLOUD T/S#U70 Waste Disposal Park Maintenance 245400 241 Z WINES USA LLC Liquor Product Received Den Road Liquor Store 245176 241 ACCENT STORE FIXTURES Repair&Maint. Supplies Water Metering 245311 240 EDEN PRAIRIE SCHOOL DISTRICT Deposits Escrow 245707 240 WARNING LITES Conference/Training Street Maintenance 245668 239 POST CONSTRUCTION AR Utility Water Enterprise Fund 245496 238 SIGNSOURCE Operating Supplies Aquatics&Fitness Expansion 245293 236 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 245451 231 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Waste Disposal Fleet Operating 245679 230 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating 245390 230 UNIVERSAL ATHLETIC SERVICES INC Awards Volleyball 245607 228 HOLLAND MICHAEL AR Utility Water Enterprise Fund 5693 228 VANCO SERVICES Miscellaneous Community Center Admin 245200 227 EDEN PRAIRIE WINLECTRIC Operating Supplies Miller Park 245264 225 TASER TRAINING ACADEMY Tuition Reimbursement/School Police 245247 225 OLSEN CHAIN&CABLE Equipment Repair&Maint Fire 1013466 224 VANDENBERGHE,MARK Travel Expense Fire 245568 223 DEATON RICHARD AR Utility Water Enterprise Fund 245346 223 LUBE-TECH ESI Equipment Repair&Maint Fleet Operating 245504 220 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk 5695 216 GENESIS EMPLOYEE BENEFITS,INC HSA-Employer Health and Benefits 245575 215 EHLERS&ASSOCIATES INC Other Contracted Services Economic Development Fund 245573 212 EDEN GARDENS LLC AR Utility Water Enterprise Fund 245340 211 KENDELL DOORS&HARDWARE INC Contract Svcs-Security Pool Maintenance 245178 206 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 245347 205 LYNCH CAMPS INC Instructor Service Special Events&Trips 245689 205 SPIRIT APPAREL AND STUFF Operating Supplies Specialty Fitness Programs 245603 203 HENNEPIN COUNTY RESIDENT&REAL ESTATE Other Contracted Services Engineering 245439 201 FISCHER,TOM Mileage&Parking Fire 245185 200 CHASKA COMMUNITY CENTER Conference/Training Recreation Admin 245523 200 WALLACE,ANDREA Refunds Environmental Education 245702 200 TREE GUYS TREE CARE,THE LLC Other Contracted Services Tree Removal 245716 200 ZYWICKI STAN AR Utility Water Enterprise Fund 245381 198 SPORTS PRO LLC Equipment Repair&Maint Police 245180 198 BAUHAUS BREW LABS,LLC Liquor Product Received Prairie View Liquor Store 245688 197 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk 245267 196 VALLEY VIEW COOP Refunds Environmental Education 245331 196 HYDRO KLEAN Repair&Maint. Supplies Water System Maintenance 245389 192 UNIFORMS UNLIMITED Clothing&Uniforms Animal Control 245477 189 MINNESOTA WANNER COMPANY Equipment Parts Snow&Ice Control Check# Amount Supplier/Explanation Account Description Business Unit Comment 1013517 185 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 245527 184 BLOOMINGTON,CITY OF Lab Supplies Water Treatment Plant 245290 183 BEARING INDUSTRIAL&SUPPLIES INC Repair&Maint. Supplies Water Treatment Plant 245585 181 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Park Maintenance 5697 181 SAGE PAYMENT SOLUTIONS Bank and Service Charges Sewer Utility-General 245581 180 FAMOUS DAVES OF AMERICA AR Utility Water Enterprise Fund 245251 180 PRAHA DISTRIBUTING Liquor Product Received Prairie View Liquor Store 245405 180 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1013647 179 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1013461 178 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 245236 176 MACQUEEN EQUIPMENT INC Repair&Maint. Supplies Sewer System Maintenance 5696 174 GENESIS EMPLOYEE BENEFITS,INC Miscellaneous Community Center Admin 1013509 172 FASTENAL COMPANY Repair&Maint. Supplies Traffic Signs 1013482 172 JANEX INC Supplies-General Bldg Fire Station#1 1013564 171 HIRSHFIELD'S Repair&Maint. Supplies Utility Operations-General 245621 170 KRAHN AARON AR Utility Water Enterprise Fund 245304 166 CUB FOODS EDEN PRAIRIE Operating Supplies-Dept Events Fire 1013570 166 QUALITY PROPANE Motor Fuels Fleet Operating 245547 165 BOURNOUR FERAIDOON AR Utility Water Enterprise Fund 1013545 164 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 245599 162 HEARN,ROBERT A Other Contracted Services Rehab 245447 160 H&L MESABI Equipment Parts Fleet Operating 245583 160 FIRE SAFETY USA INC Small Tools Fire 1013609 160 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 1013610 157 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 245409 155 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 1013453 155 BRAUN INTERTEC CORPORATION Testing-Soil Boring CIP Pavement Management 245375 155 SAFELITE FULFILLMENT INC Equipment Repair&Maint Fleet Operating 245546 154 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 245223 153 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 245387 150 TURNER LINNEA Other Revenue Community Center Admin 245539 150 BATKER JEFFREY AR Utility Water Enterprise Fund 245556 150 CARRANE JOHANNA AR Utility Water Enterprise Fund 1013656 150 USA SECURITY Maintenance Contracts Water Treatment Plant 245318 148 GARELICK STEEL CO INC Equipment Parts Fleet Operating 5694 147 OPTUM HEALTH Other Contracted Services Health and Benefits 1013546 146 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 245559 140 CHISAGO COUNTY SHERIFF'S DEPT Deposits Escrow 245700 140 TOFT ERIC AR Utility Water Enterprise Fund 245338 135 JUSTIFIED HOME CONSTRUCTION IN Fire Prevention Supplies Fire 245406 135 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 245273 135 Z WINES USA LLC Liquor Product Received Prairie Village Liquor Store 1013464 134 TOLL GAS AND WELDING SUPPLY Repair&Maint. Supplies Sewer System Maintenance 245299 133 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 1013519 133 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 1013560 133 EXTREME BEVERAGE Liquor Product Received Prairie View Liquor Store 1013613 133 SCHLUETER,PAUL Travel Expense Fleet Operating 1013518 130 ROSE,ALECIA Employment Advertising Organizational Services 245186 130 CINTAS CORPORATION Cleaning Supplies Utility Operations-General 245665 128 PETERS GORDON AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comment 245450 128 HENDERSON,TJ Clothing&Uniforms Police 5721 126 OPTUM HEALTH Other Contracted Services Health and Benefits 245341 125 KIRCHBERG KIRA Tuition Reimbursement/School Fitness Classes 245367 125 PEARSON JACK Other Contracted Services Senior Center Programs 245680 125 RITZEN CLAIRE Tuition Reimbursement/School Fitness Classes 1013450 125 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fitness/Conference-Cmty Ctr 1013513 125 MCCALLEY,JAMIE Tuition Reimbursement/School Fitness Classes 1013566 125 LEVERSON,DEANNA Tuition Reimbursement/School Fitness Classes 1013603 125 CARR,TANYA Tuition Reimbursement/School Fitness Classes 245190 121 COMCAST Cable TV Fire 245233 120 LAW ENFORCEMENT TECHNOLOGY GROUP LLC Dues&Subscriptions Police 245258 120 SOUTH CENTRAL COLLEGE Tuition Reimb-College Tuition Fire 245363 120 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Utility Operations-General 245412 120 AVIAN ACRES Operating Supplies Outdoor Center 245452 118 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 1013640 117 INDUSTRIAL FLOOR MAINTENANCE INC. Equipment Parts Fleet Operating 1013614 115 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 245213 115 HELP PLUS Inspection Fee Housing Inspections 245392 115 WATER HEATERS ONLY LLC Supplies-HVAC Riley House 1013596 114 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Operating 1013489 114 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 245431 113 DIRECTV Cable TV Community Center Admin 245701 111 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 1013652 110 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Utility Operations-General 1013569 110 PORTA,KITTY Travel Expense City Clerk 245481 109 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 1013494 109 SPRINT Computers IT Operating 1013612 108 REICHMAN,PAUL Clothing&Uniforms Police 1013547 108 STERICYCLE INC Other Contracted Services Police 245196 108 DIRECTV Cable TV Community Center Admin 245172 105 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 245195 105 DEPARTMENT OF NATURAL RESOURCES Licenses&Taxes Park Maintenance 1013508 105 EXTREME BEVERAGE Liquor Product Received Den Road Liquor Store 245484 104 PETSMART Canine Supplies Police 245543 100 BERGQUIST CARL AR Utility Water Enterprise Fund 245232 100 KAISER,DAVID S Supplies-Pool Pool Maintenance 245379 100 SORSOK BRIAN Refunds Environmental Education 245386 100 TRITZ LORI Refunds Environmental Education 245416 100 BOTHWELL NANCY Deposits Community Center Admin 245512 100 SWANSON LYNN Refunds Environmental Education 245596 100 GUST CELIA AR Utility Water Enterprise Fund 245610 100 INVEEN KATHLEEN Refunds Environmental Education 245631 100 MARIANNE TAUTGES C/O TERRY HEER AR Utility Water Enterprise Fund 245644 100 MINNESOTA DEPT OF LABOR AND INDUSTRY Licenses,Permits,Taxes Fitness/Conference-Cmty Ctr 245664 100 PCL CONSTRUCTION ENTERPRISES,INC AR Utility Water Enterprise Fund 245685 100 SILVER STAR INDUSTRIES Equipment Parts Fleet Operating 245619 98 KILGORE JAMES AR Utility Water Enterprise Fund 245593 98 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 245468 95 LAURSEN PIANO SERVICE Other Contracted Services Senior Center Admin 1013574 95 WEIDENDORF,BROOKE Tuition Reimbursement/School Fitness Classes Check# Amount Supplier/Explanation Account Description Business Unit Comment 245509 94 STEINGAS,CHARLES AR Utility Water Enterprise Fund 245529 92 SCOTT COUNTY SHERIFFS OFFICE Deposits Escrow 245684 90 SHRED RIGHT Waste Disposal City Center Operations 245336 90 JOHNSON,PHILLIP Clothing&Uniforms Police 245551 90 BRODT GLENN AR Utility Water Enterprise Fund 1013561 90 FASTENAL COMPANY Operating Supplies Traffic Signs 245417 90 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 245647 89 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 1013525 89 AMERICAN TIME&SIGNAL CO Supplies-General Bldg Fitness/Conference-Cmty Ctr 245315 85 FIRST STATE TIRE RECYCLING Waste Disposal Fleet Operating 245354 85 MINNESOTA DEPARTMENT OF HUMAN RIGHTS Conference/Training Housing and Community Service 1013586 84 KIDCREATE STUDIO Other Contracted Services Arts 245662 83 PATWARI MOHAMMED AR Utility Water Enterprise Fund 245602 83 HENNEPIN COUNTY MEDICAL CENTER EMS Supplies Fire 1013515 82 MPX GROUP,THE Printing Fire 245395 82 WEMYSS,SCOTT Protective Clothing-Misc. Fire 245541 81 BEASTROM ELIZABETH AR Utility Water Enterprise Fund 245170 80 440400-NCPERS MINNESOTA PERA Health and Benefits 245564 80 CROGAN E A AR Utility Water Enterprise Fund 1013538 79 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 1013476 79 ECM PUBLISHERS INC Advertising Community Center Admin 245694 79 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 245266 78 UNITED WAY United Way Withheld Health and Benefits 245169 77 GOODHUE COUNTY SHERIFF'S DEPT Deposits Escrow 245466 77 LANDSTE1NER,LINDA Deposits-P&R Refunds Community Center Admin 245208 77 GROTH MUSIC Operating Supplies Community Band 245636 76 MENKE JEAN AR Utility Water Enterprise Fund 245669 74 PRAIRIE LAWN AND GARDEN Equipment Parts Utility Operations-General 245460 73 J H LARSON COMPANY Repair&Maint. Supplies Park Maintenance 245698 72 SYVERSON,PHYLLIS Deposits-P&R Refunds Community Center Admin 1013463 72 STOCKWELL,WENDELL Operating Supplies Inspections-Administration 1013460 69 PARK SUPPLY OF AMERICA INC Supplies-Plumbing City Center Operations 245193 68 CROWN MARKING INC Office Supplies Police 1013558 68 BEUTZ,KAKI Tuition Reimbursement/School Fitness Classes 1013459 67 MPX GROUP,THE Printing Police 245479 67 OLSEN CHAIN&CABLE Repair&Maint.Supplies Sewer System Maintenance 1013634 67 FORCE AMERICA Equipment Parts Fleet Operating 245530 67 LOPEZ LELA AR Utility Water Enterprise Fund 245189 63 COMCAST Other Broadband Internet IT Operating 1013632 62 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 245404 61 M-R SIGN CO INC Signs Traffic Signs 1013554 60 AMERICAN SOLUTIONS FOR BUSINESS Operating Supplies Community Center Admin 245171 60 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 245173 60 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 245310 60 EDEN PRAIRIE CHAMBER OF COMMERCE Conference/Training Administration 245456 60 HOMBACHER DENISE Deposits Community Center Admin 1013452 60 BATTERIES PLUS Supplies-HVAC City Center Operations 245675 60 RAICHE MARK R AR Utility Water Enterprise Fund 1013514 59 MINNESOTA CLAY CO.USA Lessons&Classes Arts Center 245393 58 WEBER,MARK Deposits-P&R Refunds Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comment 245355 57 MINNESOTA STATE FIRE CHIEFS ASSN Dues&Sub-Memberships Fire 245560 55 CLAEYS ANDREWS AR Utility Water Enterprise Fund 1013641 55 JANEX INC Cleaning Supplies Fitness/Conference-Cmty Ctr 1013607 55 LOFRANO,TAMMY Tuition Reimbursement/School Fitness Classes 1013457 54 LINDAHL,DAVID Mileage&Parking Economic Development 245493 54 SCHERER BROTHERS LUMBER CO Equipment Repair&Maint Traffic Signs 245682 54 SCHERER BROTHERS LUMBER CO Operating Supplies Traffic Signs 245580 54 EPIC EVENT RENTAL Operating Supplies Wine Club/Events 245569 53 DIRECTV Other Contracted Services Police 245545 52 BONSTROM GARY AR Utility Water Enterprise Fund 245598 50 HAMMERSCHMIDT DELBERT AR Utility Water Enterprise Fund 245577 50 ELDRIDGE GEORGE AR Utility Water Enterprise Fund 245624 50 LANO EQUIPMENT INC Equipment Parts Fleet Operating 245686 50 SKEES HARVEY AR Utility Water Enterprise Fund 245695 50 SUSKA BARBARA AR Utility Water Enterprise Fund 245329 49 HOLTE BILL Refunds Environmental Education 245538 49 BASTIAN,ROBERT Operating Supplies Ice Show 245246 48 OHNSORG TRUCK BODIES INC Equipment Repair&Maint Fleet Operating 245482 48 PAPCO INC Cleaning Supplies Fitness/Conference-Cmty Ctr 245626 47 LEE,SUNGKWON AR Utility Water Enterprise Fund 245657 47 OMEGA INDUSTRIES Operating Supplies Park Maintenance 245515 46 TRAFFIC CONTROL CORPORATION Small Tools Traffic Signals 245473 45 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 245715 45 ZHANG MICHAEL AR Utility Water Enterprise Fund 245199 44 EDEN PRAIRIE FOUNDATION United Way Withheld Health and Benefits 245351 44 MARKUS HOMES LLC AR Utility Water Enterprise Fund 245285 43 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating 245590 42 GILL PETER AR Utility Water Enterprise Fund 245692 42 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 245656 41 OCCIDENTAL PROPERTIES AR Utility Water Enterprise Fund 245453 40 Hipps Merrimon T Deposits Community Center Admin 245486 40 POITEVENT PAUL Deposits Community Center Admin 245502 40 SONDRALL,STEVE Deposits Community Center Admin 245519 40 Urbanski John A Deposits Community Center Admin 1013599 40 YAHOO! Other Contracted Services Police 245595 38 GRIFFITH GARY AR Utility Water Enterprise Fund 245448 38 HAYEN,LINDA Operating Supplies General Fund 245634 37 MAUSER DAVID AR Utility Water Enterprise Fund 245693 37 STEBBINS RICHARD AR Utility Water Enterprise Fund 245659 36 OWENS SARAH AR Utility Water Enterprise Fund 245615 35 JOHNSON CHRIS AR Utility Water Enterprise Fund 245274 35 PLEAA Tuition Reimbursement/School Police 245495 35 SIGNSOURCE Supplies-General Bldg Ice Arena Maintenance 245424 35 CHALLE,PAUL AR Utility Water Enterprise Fund 245622 33 KRINGSTAD DANE AR Utility Water Enterprise Fund 245275 33 WILLIAMS,EUGENIA T. Deposits Escrow 245635 32 MCKEEVER PATRICK J AR Utility Water Enterprise Fund 245474 32 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment Plant 1013473 32 BOYER TRUCKS Equipment Parts Fleet Operating 245616 31 JOHNSON WILLIAM AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comment 245298 31 CHEPURI,SHANTA Deposits-P&R Refunds Community Center Admin 245282 31 ANCHOR BANK Other Contracted Services Police 245518 30 UNITED FIREFIGHTERS ASSN Dues&Sub-Memberships Fire 245211 29 HD SUPPLY WATERWORKS LTD Small Tools Water System Maintenance 245709 28 WIENKE JEFF AR Utility Water Enterprise Fund 1013520 28 SHINGLES,KORI Mileage&Parking Athletic Programs Admin 1013555 28 BATTERIES PLUS Supplies-General Bldg Fire Station#1 245537 27 ASPEN MILLS Clothing&Uniforms Police 245301 27 COMCAST Other Contracted Services Police 245562 27 COMCAST Other Contracted Services Police 245362 27 OFFICE OF MN IT SERVICES Other Contracted Services Police 245570 26 DOLLERSCHELL JOHN AR Utility Water Enterprise Fund 245642 26 MILLER TOM AR Utility Water Enterprise Fund 245617 26 JOY JOYCE LLC AR Utility Water Enterprise Fund 245240 25 MINNESOTA DEPARTMENT OF PUBLIC SAFETY Licenses&Taxes Fleet Operating 245353 25 MINNESOTA CHAPTER IAAI Dues&sub-Memberships Fire Inspections Admin 245464 25 KIRCHOFF CYNTHIA R ESQ Conference/Training Planning 245587 25 GARVEY DEBORA M AR Utility Water Enterprise Fund 245653 25 NESTOR SHARYL AR Utility Water Enterprise Fund 245712 24 YAGER PAUL E AR Utility Water Enterprise Fund 245627 23 LOVELY MARY LU AR Utility Water Enterprise Fund 245295 22 BTR OF MINNESOTA Equipment Parts Fleet Operating 245370 22 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Operating 245542 22 BECKER KATHLEEN AR Utility Water Enterprise Fund 245383 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 245242 20 MINNESOTA SUPPLY COMPANY Non-Develop.Fire Permits General Fund 245283 20 ANDERSON,LINDA K Deposits Community Center Admin 245287 20 AXEL,RICHARD Deposits Community Center Admin 245291 20 BEBREVSKA,VENETA Deposits Community Center Admin 245305 20 DiGiacomo Jacqueline D Deposits Community Center Admin 245313 20 Ericson Gail M Deposits Community Center Admin 245349 20 MAHJU,DEEPIKA Deposits Community Center Admin 245384 20 SURMODICS INC Non-Develop.Fire Permits General Fund 245399 20 YOUNGS,MARIA Deposits Community Center Admin 245408 20 Albrecht Greg P Deposits Community Center Admin 245430 20 DIANA,TIMOTHY&KATHRYN Deposits Community Center Admin 245436 20 ERISGEN,AMANDA Deposits Community Center Admin 245437 20 EVANS,REBECCA Deposits Community Center Admin 245440 20 Gabbert Barbara L Deposits Community Center Admin 245442 20 Gavin Mark Deposits Community Center Admin 245454 20 HOAGLAND KATHLEEN Deposits Community Center Admin 245465 20 KNAEBLE,GREGORY Deposits Community Center Admin 245467 20 LAURO,SUSANNA Deposits Community Center Admin 245491 20 ROONEY,PAUL&AUDREY Deposits Community Center Admin 245494 20 Shrestha Rinku Deposits Community Center Admin 245511 20 STRATTON JACQUELINE Deposits Community Center Admin 245526 20 ZUBAR LILI Deposits Community Center Admin 245625 20 LEAGUE OF MINNESOTA CITIES Conference/Training Human Resources 245699 20 TOBIAS,JUDY Deposits Community Center Admin 245713 20 YELLAMBALLA PRAGNYA Deposits Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comment 1013544 20 MIDWEST ASPHALT CORPORATION Non-Develop.Fire Permits General Fund 245717 20 QIAN LIN AR Utility Water Enterprise Fund 245651 18 NELSON ADRENNE AR Utility Water Enterprise Fund 245633 18 MAUREN MICHELLE AR Utility Water Enterprise Fund 1013655 18 UPS Operating Supplies Facilities Staff 245553 18 BURNET RELOCATION AR Utility Water Enterprise Fund 1013590 17 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 245623 16 LANCASTER SHIRLEY AR Utility Water Enterprise Fund 245535 16 ANDERSON TARA AR Utility Water Enterprise Fund 245433 16 DUSTRUD,STEPHANIE Refunds Environmental Education 245191 16 COMCAST Cable TV Fire 245658 15 OWENS CHRISTOPHER AR Utility Water Enterprise Fund 245582 14 FETT JOHN AR Utility Water Enterprise Fund 245683 14 SHERIDAN,CARMEL AR Utility Water Enterprise Fund 245427 14 COMCAST Cable TV Fire 245714 13 YOUSEFI MASOUD AR Utility Water Enterprise Fund 245643 13 MILLS STEPHANIE AR Utility Water Enterprise Fund 245589 13 GILBERTSON JUDY A AR Utility Water Enterprise Fund 1013601 12 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 245257 12 SNAP-ON TOOLS Small Tools Fleet Operating 245533 11 AMIN ETEMAD AR Utility Water Enterprise Fund 1013456 11 JOHNSTONE SUPPLY Supplies-HVAC City Center Operations 1013458 11 METROPOLITAN FORD Equipment Parts Fleet Operating 245640 11 MEUWISSEN ANDREW C AR Utility Water Enterprise Fund 245327 11 HIRSCHLER,NED AR Utility Water Enterprise Fund 245572 11 DWIVEDI RICHA AR Utility Water Enterprise Fund 245612 11 JERRY'S ENTERPRISES INC Repair&Maint. Supplies Sewer System Maintenance 245426 11 CLEAN N PRESS MTKA Clothing&Uniforms Police 245648 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 1013498 10 UPS Operating Supplies Fire 245703 8 TURNER,ANDREW AR Utility Water Enterprise Fund 245618 8 KELLY DOUG AR Utility Water Enterprise Fund 1013592 8 PREMIUM WATERS INC Operating Supplies-Water Fire 245654 8 NGUYEN TRAM AR Utility Water Enterprise Fund 245302 8 COMCAST Cable TV Fire 245604 8 HIRSCHEY CRAIG AR Utility Water Enterprise Fund 245469 7 MAHONEY,JEFFREY AR Utility Water Enterprise Fund 245629 7 MACQUEEN EQUIPMENT INC Repair&Maint.Supplies Sewer System Maintenance 245576 6 ELDRIDGE GEORGE AR Utility Water Enterprise Fund 245316 4 FISERV INC Bank and Service Charges Water Accounting 245561 2 COMCAST Other Contracted Services Police 4,234,712 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances &Resolutions April 5, 2016 ITEM DESCRIPTION: DEPARTMENT/DIVISION: ITEM NO.: XI.A. City Attorney Approval of ordinance revising Chapter 4 of Richard Rosow the City Code relating to restaurant movie theaters. Requested Action Move to: Approve the first reading of an ordinance amending City Code Chapter 4 to license the sale of alcohol in restaurant movie theaters. Background AMC is intending to remodel the existing AMC Eden Prairie 18 theater. AMC would like to a dedicated bar at which only alcohol will be served to be consumed on the premises in the screening rooms as well as at the bar itself. Anyone purchasing alcohol will be required to show proof of age. No alcohol would be served at the regular food and beverage counters. The proposed remodel contemplates upgrades including luxury power recliners in 17 of the screening rooms (not the IMAX), sight and sound upgrades, and reserved seating. The remodel would result in fewer seats (3,145 to 1,238),but AMC projects increased attendance based on similar remodels which have occurred elsewhere. The proposed ordinance provides a new category of a"restaurant movie theater." A restaurant movie theater is permitted under the proposed ordinance to obtain a beer, wine or intoxicating liquor license under the City's authority to license a restaurant. In addition, the proposed ordinance requires a minimum of 50 tables spread evenly between the screening rooms which allow alcohol. All existing alcohol regulations such as licensing, financial responsibility, proof of age, overserving and days and hours of sales shall apply. The proposed ordinance requires that a licensed restaurant movie theater be conducted in such manner that the principal part of the business for a license year is the serving of food and the sale of movie tickets. For restaurant movie theaters, "principal part" shall mean seventy percent (70%) or more of the gross receipts. The council in 2015 expressed concern over the serving of alcohol in all screening rooms. In discussions with AMC representative they identified the operating procedures AMC adheres to in the sale of alcohol in other similar venues. The AMC operating procedures have been incorporated into the ordinances by declaring it unlawful to do any of the following: A. Offer any discounts or happy hours. B. Allow any alcoholic beverage in any movie screening room where there are no tables. C. Offer or sell wine or distilled spirits by the bottle. D. Offer or sell wine in any amount exceeding 8 fluid ounces per serving. E. Offer or sell distilled spirits in any amount exceeding 3 fluid ounces per serving. F. Offer or sell malt liquor in any amount exceeding 24 fluid ounces per serving. G. Offer or sell any alcoholic beverages containing more than 50% alcohol by volume. H. Offer or sell any alcoholic beverage not in the original packaging without using a measuring device. I. Offer or sell any alcoholic beverage to any person without requiring adequate proof of age. Such proof of age may be established only as set forth in Minnesota Statutes Section 340A.503, Subd. 6. J. Offer or sell any more than 2 alcoholic beverages to one person in the same sale transaction. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 4, SECTION 4.01 BY ADDING SUBDIVISION 28 DEFINING RESTAURANT MOVIE THEATER; AMENDING CITY CODE CHAPTER 4 BY ADDING SECTION 4.61 RELATING TO RESTAURANT MOVIE THEATERS; AMENDING SECTION 4.07, SUBDIVISION 4, SECTION 4.30, AND SECTION 4.40, SUBDIVISION 1 TO INCLUDE RESTAURANT MOVIE THEATERS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 4.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS The City Council of the City of Eden Prairie, Minnesota, ordains: Section 1. City Code Chapter 4, Section 4.01 is amended by renumbering existing Subdivisions 28, 29 and 30 as 29, 30 and 31 respectively and adding a new Subdivision 28 to read as follows: Subd. 28. "Restaurant Movie Theater" is an establishment that is both a Restaurant, as defined in Section 4.01, Subd. 27 of this Chapter, and a movie theater in which movies or motion pictures are shown. Section 2. City Code Chapter 4, Section 4.07, Subdivision 4 is amended by adding D to read as follows: D. Restaurant Movie Theater: A licensed restaurant movie theater shall be conducted in such manner that the principal part of the business for a license year is the serving of food and the sale of movie tickets. For restaurant movie theaters, "principal part" shall mean seventy percent(70%) or more of the gross receipts. Section 3. City Code Chapter 4, Section 4.30 is amended by adding the phrase "restaurant movie theater," after the word"restaurant,". Section 4. City Code Chapter 4, Section 4.40, Subdivision 1 is amended by adding the phrase"or restaurant movie theater" after the word"restaurant". Section 5. City Code Chapter 4, is amended by adding a new Section 4.61 to read as follows: SECTION 4.61. RESTAURANT MOVIE THEATER LICENSEE REQUIREMENTS AND RESTRICTIONS. Subd. 1. Requirements. The following are in addition to all other requirements set forth in this Chapter. Every restaurant movie theater shall: A. Be under the control and ownership of a single person. No part of the restaurant or the movie theater, including but not limited to the property, equipment and operations, shall be owned or controlled by separate persons. B. Consist of one stand-alone structure containing a minimum of 70,000 square feet. C. Have a minimum of 50 tables, each with a table top containing a minimum of 433 square inches. The tables shall be permanently attached to the floor and the seats shall be permanently attached to the floor or the table. The tables shall be divided proportionately between the movie screening rooms in which alcoholic beverages are allowed. D. Appoint a manager pursuant to Section 4.05, Subd. 2 of this Chapter, which manager shall operate both the restaurant and the movie theater. Subd. 2. Unlawful Acts. The following are in addition to all other unlawful acts set forth in this Chapter. It is unlawful for any restaurant movie theater licensee to: A. Offer any discounts or happy hours. B. Allow any alcoholic beverage in any movie screening room where there are no tables. C. Offer or sell wine or distilled spirits by the bottle. D. Offer or sell wine in any amount exceeding 8 fluid ounces per serving. E. Offer or sell distilled spirits in any amount exceeding 3 fluid ounces per serving. F. Offer or sell malt liquor in any amount exceeding 24 fluid ounces per serving. G. Offer or sell any alcoholic beverages containing more than 50% alcohol by volume. H. Offer or sell any alcoholic beverage not in the original packaging without using a measuring device. I. Offer or sell any alcoholic beverage to any person without requiring adequate proof of age. Such proof of age may be established only as set forth in Minnesota Statutes Section 340A.503, Subd. 6. J. Offer or sell any more than 2 alcoholic beverages to one person in the same sale transaction. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code including Penalty for Violation" and Section 4.99 entitled "Violation a Misdemeanor or Petty 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 day of , 2016, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2016. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on the day of , 2016. CITY COUNCIL AGENDA DATE: SECTION: Reports of Council Members April 5, 2016 DEPARTMENT ITEM DESCRIPTION: ITEM NO.: XIV.A.1. Office of the City Manager Resolution Supporting the "Wyland Mayor's Challenge for Water Conservation" Requested Action Move to: Adopt the resolution supporting the Mayor's Challenge for Water Conservation. Synopsis The attached resolution is a commitment from the City of Eden Prairie to once again support water conservation efforts by encouraging residents to participate in the Mayor's Challenge for Water Conservation from April 1 to April 30, 2016. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- RESOLUTION SUPPORTING THE "NATIONAL MAYOR'S CHALLENGE FOR WATER CONSERVATION" WHEREAS, the City of Eden Prairie is committed to increasing energy efficiency, protecting its natural resources and encouraging water conservation; and WHEREAS, the City of Eden Prairie can engage in efforts to inspire its residents to become better environmental stewards; and WHEREAS, the fifth annual National Mayor's Challenge for Water Conservation, presented by the Wyland Foundation and Toyota—with support from the U.S. EPA WaterSense, The Toro Company,National League of Cities, Conserva Irrigation and Earth Friendly Products (makers of ECOS)—is a healthy, nonprofit competition for cleaner communities, and a water use and pollution reduction competition between cities; and WHEREAS, with the encouragement of their Mayors, residents may register their participation in their city's Challenge online by making simple pledges to decrease their water use and to reduce pollution for the period of one year, thereby assisting their cities to apply State and Federal water conservation strategies and to target mandated reductions; and WHEREAS, from April 1 to April 30, 2016, the City of Eden Prairie wishes to encourage its residents to take the "Wyland Mayor's Challenge for Water Conservation"by making a series of online pledges at mywaterpledge.com to reduce their impact on the environment and to see immediate savings in their water, trash and electricity bills. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie: I. The City of Eden Prairie agrees with and supports the "Wyland Mayor's Challenge for Water Conservation." II. The program is to be implemented from April 1 to April 30, 2016, through a series of communication and outreach strategies, whether new or existing, to encourage Eden Prairie residents to take the conservation challenge. ADOPTED by the Eden Prairie City Council on this 5th day of April 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Reports of Council Members April 5, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.A.2. City Attorney, Ric Rosow City Manager Salary Cap Waiver Request Requested Action Move to: Direct the City Attorney to file an application to request a waiver of the current maximum salary allow under Minn. Stat. § 43A.17 from the Commissioner of Minnesota Management and Budget to allow the City Council to compensate the position of the City Manager an annual salary of up to $ to accommodate a salary increase for 2016 and future years. Synopsis Minnesota law provides that "the salary and the value of all other forms of compensation of a person employed by a political subdivision of[the] state may not exceed" 110% of the governor's salary. Minn. Stat. § 43A.17, subd. 9(a). This compensation limit is commonly referred to as the"governor's salary cap." The governor's salary cap is adjusted each year to include any increase in the Consumer Price Index for the previous year.Id., subd. 9(b). Effective January 1, 2016, the governor's salary cap is $165,333. The law provides a process by which the City may request a waiver from the Commissioner of Minnesota Management and Budget ("MMB")to pay the City Manager in excess of the governor's salary cap. Minn. Stat. § 43A.17, subd. 9(e). To be eligible for a waiver, the City must submit a written request establishing that the position"requires special expertise necessitating a higher salary to attract or retain a qualified person."Id. In reviewing a waiver request, the Commissioner considers "salary rates paid to other persons with similar responsibilities in the state and nation."Id. The waiver request form, supplied by MMB, requires the City to provide the following information: (1) salary history since the employee was hired; (2) the methodology used to justify the amount of the requested salary; (3) the current total compensation package; (4) the special expertise and qualifications for the position; (5) retention difficulties already experienced or anticipated, including documentation or statistics of statewide, regional and national turnover rates and occupational shortages, and the number and value of job offers received by the employee; (6) current recruitment difficulties, including type and scope of advertising, size of applicant pool, number of qualified applicants, and a brief description of the reasons given by applicants for declining the position; (7) anticipated recruitment difficulties, including the basis for such difficulties, such as national trends and experiences of similar employers; (8) market conditions and characteristics related to the position, including statewide, regional, and national data; and (9) a description of how the City will manage any compliance with the Local Government Pay Equity Act if the requested increase is awarded. The Commissioner must present the waiver request to the Legislative Coordinating Commission and receive an advisory recommendation from that body.Id. If the Commissioner grants the waiver request, the new compensation limitation for the City Manager will be increased each year by the percentage increase in the Consumer Price Index for all-urban consumers for the prior year. Id. Several surrounding cities have requested and been granted waivers to pay their City Managers in excess of the governor's salary cap, including Bloomington, Edina, Minnetonka, and St. Louis Park. Edina recently received a waiver to increase the City Manager's salary to $170,285. While this amount is less than the $173,250 requested, MMB indicated that"it is consistent with the waivers the [Legislative Coordinating Commission] approved for neighboring City Manager positions in the cities of St. Louis Park, Bloomington, and Minnetonka."