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Home My WebLink AboutCity Council - 05/24/2016 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,MAY 24, 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. SOUTHWEST LRT CORRIDOR HOUSING STUDY (5:30) II. TREE POLICIES (6:00) III. PRESENTATION OF HISTORICAL PHOTO PROJECT (6:15) Open Podium - Council Chamber (6:40) IV. OPEN PODIUM V. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MAY 24, 2016 7:00 PM, CITY CENTER Council Chambers 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. SENIOR AWARENESS PROCLAMATION B. HERITAGE PRESERVATION AWARD C. HUMAN RIGHTS AWARDS D. ACCEPT TREE DONATION (RESOLUTION) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 3, 2016 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 3, 2016 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 4 TO LICENSE SALE OF ALCOHOL IN RESTAURANT MOVIE THEATERS AND ADOPT RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE C. ADOPT RESOLUTION APPROVING FINAL PLAT OF SHADY OAK CROSSTOWN SECOND ADDITION CITY COUNCIL AGENDA May 24, 2016 Page 2 D. DECLARE ABANDONED PROPERTY E. AWARD CONTRACT FOR 2016 CONCRETE SUPPLY TO CEMSTONE F. APPROVE CHANGE ORDER NO. 2 FOR SOUTHERN SEGMENT OF THE SHADY OAK RD. IMPROVEMENTS G. APPROVE CHANGE ORDER NO. 1 FOR WEST 70TH ST. EXTENSION IMPROVEMENT PROJECT H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK ASSOCIATES, INC. FOR PURGATORY CREEK BANK STABILIZATION NEAR 11193 BLUESTEM LANE I. APPROVE AGREEMENT WITH WENCK ASSOCIATES FOR PHASE VI POND INVENTORY AND INSPECTION PROGRAM J. APPROVE LEASE FOR COMMUNITY GARDENS AT PIONEER TRAIL K. REJECT BIDS FOR MILLER PARK STORAGE BUILDING L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR ROUND LAKE PHASE II M. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR MILLER FIELD 8 IMPROVEMENTS N. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR RECONSTRUCTION OF FIELD 10 AT MILLER PARK O. AWARD CONTRACT FOR STARING LAKE PLAY AREA RENOVATION P. APPROVE MAINTENANCE AGREEMENT WITH RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT FOR ROUND LAKE PHASE II Q. AWARD CONTRACT FOR WATERFORD ROAD AREA AND LARKSPUR LANE AREA SUMP PUMP COLLECTION SYSTEM PROJECT TO VALLEY RICH CO., INC. IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION VACATING PUBLIC DRAINAGE & UTILITY EASEMENTS OVER LOT 1, BLOCK 1, SHADY OAK CROSSTOWN ADDITION B. CLIMATECH by Climatech. Request for Site Plan Review on 6.98 acres. Location: 6950 Washington Ave. S. (Resolution for Site Plan Review) X. PAYMENT OF CLAIMS CITY COUNCIL AGENDA May 24, 2016 Page 3 XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTIONS 6.01 TO 6.03 AND 6.05 TO 6.07,RELATING TO RIGHT-OF-WAY XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: May 24, 2016 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, May 24, 2016 TUESDAY, MAY 24, 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. SENIOR AWARENESS PROCLAMATION Members of the Senior Advisory Council will be present to accept the proclamation. B. HERITAGE PRESERVATION AWARD Heritage Preservation Commission Chair, Steve Olson, will introduce the Heritage Preservation Award, which recognizes an individual, family or business that has gone above and beyond their usual responsibilities to promote, preserve, rehabilitate or restore Eden Prairie's heritage resources. The Mayor will present the award. The recipient of the 2016 Heritage Preservation Award is Steven Schussler for the preservation of the Goodrich- Ramus Barn now known as the Green Acres Event Center. Steve will be on hand to accept the award. ANNOTATED AGENDA May 24, 2016 Page 2 C. HUMAN RIGHTS AWARDS Several Human Rights & Diversity Commissioners will present the three Human Rights Awards. Business Award: World Auto, Wynne Anderson Reading the Award: HRDC Commissioner Greg Leeper World Auto was nominated because of their inclusive, fair-minded, and 'above and beyond' support to many residents who access the car repair assistance program. The staff at World Auto model what it looks like to offer respectful, sensitive and compassionate service to families who are facing barriers and are often in a time of crisis. Along with their extra mile support to families, World Auto is an outstanding partner with PROP and has proactively built relationships with the case management team there to best serve their mutual customers. Business Award: Brunswick Zone Reading the Award: Student Commissioner Turner Gunderson We would like to recognize Brunswick Zone and its staff for being an inclusive, accommodating, and supportive business for adults and children with disabilities. The Brunswick Zone staff works with AR&LE that serves individuals with disabilities in Bloomington, Edina, Eden Prairie and Richfield and TRAIL, a local nonprofit. Brunswick staff are welcoming, know many of the participants by name, and make each of their adaptive bowlers feel comfortable and very special. Individual Award: Hanadi Chehabeddine Presenting the Award: Student Commissioner Adrienne Retzlaff Hanadi upholds the values of the Manifesto through her work to build bridges of unity by dismantling mis-information and fear about Muslims. She seeks to counteract the negativity in much of the media by living out and speaking about the peacefulness of Islam. D. ACCEPT TREE DONATION (RESOLUTION) Synopsis: In the spirit of Arbor Day, the VanLangendon family would like to donate $510 to purchase three new trees that could be planted at Rice Marsh Lake Park. ANNOTATED AGENDA May 24,2016 Page 3 MOTION: Move to: Adopt the Resolution accepting the donation in the amount of $510 from the VanLangendon family towards the purchase and planting of three Serbian Spurce trees at Rice Marsh Lake Park. 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, MAY 3, 2016 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 3, 2016 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-Q on the Consent Calendar. A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE AMENDING CITY CODE CHAPTER 4 TO LICENSE SALE OF ALCOHOL IN RESTAURANT MOVIE THEATERS AND ADOPT RESOLUTION APPROVING PUBLICATION OF SUMMARY ORDINANCE C. ADOPT RESOLUTION APPROVING THE FINAL PLAT OF SHADY OAK CROSSTOWN SECOND ADDITION D. DECLARE ABANDONED PROPERTY E. AWARD CONTRACT FOR 2016 CONCRETE SUPPLY TO CEMSTONE F. APPROVE CHANGE ORDER NO. 2 FOR THE SOUTHERN SEGMENT OF THE SHADY OAK RD. IMPROVEMENTS G. APPROVE CHANGE ORDER NO. 1 FOR THE WEST 70TH ST. EXTENSION IMPROVEMENT PROJECT H. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WENCK ASSOCIATES, INC. FOR PURGATORY CREEK BANK STABILIZATION NEAR 11193 BLUESTEM LANE I. APPROVE AGREEMENT WITH WENCK ASSOCIATES FOR PHASE VI POND INVENTORY AND INSPECTION PROGRAM ANNOTATED AGENDA May 24,2016 Page 4 J. APPROVE LEASE FOR COMMUNITY GARDENS AT PIONEER TRAIL K. REJECT BIDS FOR MILLER PARK STORAGE BUILDING L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR ROUND LAKE PHASE II M. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR MILLER FIELD 8 IMPROVEMENTS N. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR RECONSTRUCTION OF FIELD 10 AT MILLER PARK O. AWARD CONTRACT FOR STARING LAKE PLAY AREA RENOVATION P. APPROVE MAINTENANCE AGREEMENT WITH RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT FOR ROUND LAKE PHASE II Q. AWARD CONTRACT FOR WATERFORD ROAD AREA AND LARKSPUR LANE AREA SUMP PUMP COLLECTION SYSTEM PROJECT TO VALLEY RICH CO., INC. IX. PUBLIC HEARINGS/MEETINGS A. RESOLUTION VACATING PUBLIC DRAINAGE & UTILITY EASEMENTS OVER LOT 1, BLOCK 1, SHADY OAK CROSSTOWN ADDITION Official notice of this public hearing was publishing in the May 5, 2016,Eden Prairie News and sent to six property owners. Synopsis: The Property Owners have requested the vacation of the drainage and utility easements to facilitate the plat of Shady Oak Crosstown 2nd Addition for building construction. The drainage and utility easements to be vacated were originally dedicated with the plat of Shady Oak Crosstown Addition. In order to accommodate a building addition on the lot, the property owners would like these underlying easements vacated and will dedicate all new drainage and utility easements with the plat of Shady Oak Crosstown 2nd Addition. The release of the resolution vacating the drainage and utility easements shall be conditioned on the recording new dedicated drainage and utility easements on the plat of Shady Oak Crosstown 2nd Addition. MOTION: Move to: • Close the public hearing; and • Adopt the resolution vacating the public Drainage and Utility Easements lying over, under and across Lot 1, Block 1, Shady Oak Crosstown Addition, Hennepin County, Minnesota. ANNOTATED AGENDA May 24,2016 Page 5 B. CLIMATECH by Climatech. Request for Site Plan Review on 6.98 acres. Location: 6950 Washington Ave. S. (Resolution for Site Plan Review) Official notice of this public hearing was publishing in the May 12, 2016,Eden Prairie News and sent to property owners. Synopsis: The proposed plan includes an exterior improvements; new office and visitor parking entrance; and parking lot re-configuration inclusive of a storm-water infiltration pond. This update will include: • Updated exterior color and updated architectural elements. • On the north elevation a thirty-five foot(35') tall raw material silo will be added, a required structure for the Climatech manufacturing process. The silo will be screened with a screening wall which includes metal decorative façade. • Updated landscape plan that meets code requirements and will include a variety of new ground cover plant material providing color and interest to the site. • Inclusion of a bicycle rack. • Due to winter conditions during the review process a Wetland Determination Report along with approval of the field review must be completed. A one-story office/warehouse building of approximately 90,000 square feet was constructed on site in 1974. The current structure meets the current required exterior building materials and structure setback requirements for the I-5 Zoning District. The site has been vacant for several years. Climatech will be completing improvements to the site which will update the building's exterior and parking lot. The improvements will meet or exceed code requirements. The Planning Commission voted 6-0 to recommend approval of the project at the April 25, 2016, meeting. MOTION: Move to: Close the Public Hearing; and Adopt the Resolution for Site Plan Review on 6.98 acres. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTIONS 6.01 TO 6.03 AND 6.05 TO 6.07,RELATING TO RIGHT-OF-WAY Synopsis: City Code Sections 6.01 through 6.03 and 6.05 through 6.07 are being amended to provide better controls over work performed within the right-of-way (ROW). The amended code will provide standards for private utility installation above ground and below ground. It also sets standards for site restoration,public notification and traffic control. As rights-of-way become more crowded with above and below ANNOTATED AGENDA May 24,2016 Page 6 ground infrastructure, there is an added need to improve how this space in managed. This ordinance amendment establishes expectations for how work is accomplished, where facilities can be located, and how sites must be restored upon completion. The origins of much of Chapter Six of the Eden Prairie City Code can be traced back to 1982 with substantial additions and revisions made in 2006. Recent concerns about the number of public and private utilities vying for space in the ROW and the manner in which project areas are being restored has lead to the need to amend the code to set more specific and stringent standards. In addition to a number of editorial changes, the following specific changes were made: • Permit application information requirements • Standards for underground utility installation • Standards for above ground system installations • Standards for notification of affected property owners prior to work starting • Standards for site restoration • Addressing failure to perform work in a safe and expeditious manner MOTION: Move to approve First Reading of an Ordinance Amending City Code Sections 6.01 through 6.03 and 6.05 through 6.07, relating to the right-of-way. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVII. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. ITEM NO.: IV.A. PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, the increasing number of senior citizens in Eden Prairie bring many opportunities and challenges for all components of our City— families, businesses, and government; and WHEREAS, every segment of our society is influenced by the needs, resources and expertise of our senior citizens; and awareness improves participation and action; and WHEREAS, our Eden Prairie seniors play a pivotal role in formal and informal education, sharing years of accumulated experience and wisdom which will impact our future; and WHEREAS, the community wishes to celebrate and acknowledge the contributions and accomplishments of the seniors in our community and recognize the organizations that serve older adults; and WHEREAS, Senior Awareness Month recognizes that seniors are an integral part of our community. NOW, THEREFORE, the Eden Prairie City Council does proclaim May 2016 to be SENIOR AWARENESS MONTH ADOPTED BY the Eden Prairie City Council on this 24th day of May 2016. Nancy Tyra Lukens, Mayor on behalf of Council Members: Brad Aho Sherry Butcher Wickstrom Ron Case Kathy Nelson CITY COUNCIL AGENDA DATE: SECTION: Presentations May 23, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.B. Community Development/Planning Janet Jeremiah/Lori Creamer Heritage Preservation Award Synopsis Heritage Preservation Commission Chair, Steve Olson, will introduce the Heritage Preservation Award, which recognizes an individual, family or business that has gone above and beyond their usual responsibilities to promote,preserve, rehabilitate or restore Eden Prairie's heritage resources. The Mayor will present the award. The recipient of the 2016 Heritage Preservation Award is Steven Schussler for the preservation of the Goodrich- Ramus Barn now known as the Green Acres Event Center. Steve will be on hand to accept the award. Background In 2009, the old barn was destined for the wrecking ball since it stood in the way of a Hennepin County road widening project on Pioneer Trail. The City of Eden Prairie and the Eden Prairie Historical Society wanted to save the oldest standing barn (the Goodrich-Ramus Barn) in the City, so it was put up for bid to anyone who had the money, courage and vision to buy it. Hopes were dimming when it seemed there might be no `takers'. It seems there isn't high demand for an old barn on a small parcel of land in an affluent suburb! One person read of the old barn's plight in an article in the Mpls Star Tribune, and stepped forward to save it. Steven Schussler - creator of the Rainforest Café, Yak & Yeti, T Rex and the Boat House in Disneyworld, among other successful pursuits - was the sole bidder for the old barn. He had a vision...he took a risk... and the transformation began! After several years of meticulous restoration and a personal investment of over$1.5 million dollars, Steve and his team at Schussler Creative opened the barn doors of Green Acres on March 1, 2013. Heritage Preservation Commission members are: • Steve Olson, Chair • Tara Kalar, Vice Chair • Cindy Cofer Evert • Valerie Ross • Pamela Spera • Paul Thorp • Ed Muehlberg • Lori Creamer, Staff Liaison CITY COUNCIL AGENDA DATE: SECTION: Presentations May 24, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.C. Community Development Patricia Fenrick, Housing and Human Rights Awards Community Services Synopsis Several Human Rights & Diversity Commissioners will present the three Human Rights Awards. The Eden Prairie Manifesto intends to continue the development of a multicultural community which will not tolerate acts of harassment and intolerance and establishes, communicates and encourages community standards that respect diversity and promote acceptance and respect for individuals in an atmosphere of caring for others. Business Award: World Auto,Wynne Anderson Reading the Award: HRDC Commissioner Greg Leeper World Auto was nominated because of their inclusive,fair-minded, and `above and beyond' support to many residents who access the car repair assistance program. The staff at World Auto model what it looks like to offer respectful, sensitive and compassionate service to families who are facing barriers and are often in a time of crisis. Along with their extra mile support to families, World Auto is an outstanding partner with PROP and has proactively built relationships with the case management team there to best serve their mutual customers. Business Award: Brunswick Zone Reading the Award: Student Commissioner Turner Gunderson We would like to recognize Brunswick Zone and its staff for being an inclusive, accommodating, and supportive business for adults and children with disabilities. The Brunswick Zone staff works with AR&I,E that serves individuals with disabilities in Bloomington, Edina, Eden Prairie and Richfield and TRAIL, a local nonprofit. Brunswick staff are welcoming, know many of the participants by name, and make each of their adaptive bowlers feel comfortable and very special. Individual Award: Hanadi Chehabeddine Presenting the Award: Student Commissioner Adrienne Retzlaff Hanadi upholds the values of the Manifesto through her work to build bridges of unity by dismantling mis-information and fear about Muslims. She seeks to counteract the negativity in much of the media by living out and speaking about the peacefulness of Islam. Human Rights and Diversity Commission members are: • PG Narayanan, Chair • Shahran Messaghi • Sana Elassar, Vice Chair • Ann Martinka • Greg Leeper • Joan Howe-Pullis • Leslie Philmon • Patricia Fenrick, Staff Liaison CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations May 24, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IV.D. Jay Lotthammer, Director, Donation from the VanLangendon Family Parks and Recreation for Trees at Rice Marsh Lake Park Requested Action Move to: Adopt the Resolution accepting the donation in the amount of$510 from the VanLangendon family towards the purchase and planting of three Serbian Spurce trees at Rice Marsh Lake Park. Synopsis In the spirit of Arbor Day, the VanLangendon family would like to donate $510 to purchase three new trees that could be planted at Rice Marsh Lake Park. 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$510.00 to be used for three Serbian Spruce trees to be planted at Rice Marsh Lake Park from the VanLangendon Family is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 24th day of May, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,MAY 3, 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 Recorders Lorene McWaters and Jan Curielli Workshop-Heritage Room II Mayor Tyra-Lukens and Council Member Nelson were absent. Council Member Butcher Wickstrom joined the meeting at 5:45 p.m. I. 2015 COMPREHENSIVE ANNUAL FINANCIAL REPORT/AUDIT Chris Knopik, principal with CliftonLarsonAllen, presented the results of the City's annual audit. Knopik said the City received an unmodified(clean) opinion for the 2015 financial statement audit. There were no findings in the area of internal control items. The auditors conducted applicable testing and completed a 25-page checklist to verify that the City complied with applicable Minnesota State Statutes. There was one minor finding in the area of contract compliance, which Knopik said can easily be corrected. Knopik said general fund revenues and expenditures have remained consistent over the years, and the general fund balance has remained stable year after year. He said there was a $551,000 change in the fund balance for 2015. He said the City is also meeting all policy thresholds. Revenues came in over budget by 3.6 percent. Property taxes accounted for 72 percent of revenues, charges for services approximately 11 percent, and licenses and permits approximately 11 percent. Total expenditures came in at 99.8 percent of budgeted expenditures. Knopik said water operations revenues decreased from the prior year as a result of usage decreasing more than the rate increase. Sewer operations saw a slight increase in revenues due to the rate increase offsetting the decrease in usage for 2015. Storm drainage operations covered 80 percent of depreciation in the current year and 35 percent in the previous year. Operations provided $984,000. The fund received an advance of$1.4 million to cover operations and projects. City Council Workshop Minutes May 3, 2016 Page 2 Although liquor operations saw a sales decrease of 7.6 percent, the City was able to transfer $800,000 to the Capital Improvement/Maintenance Fund. Knopik noted that many municipalities experienced sales decreases in 2015, and Eden Prairie was bucking the trend because our gross profit percentage was up slightly over the previous year. Estimated market values increased$451 million from 2014 to $9.1 billion. 2016 continues to show improvements to $9.6 billion. Knopik noted that there is an inverse relationship between tax capacity and tax capacity rate. The net levy includes general fund levy and debt service levy. The 2016 tax rate is 32.14 percent. The City continues to have a lower tax range than surrounding cities and the state. Per capita revenues increased $160 from 2014,primarily due to special assessments and"other" revenues (Hennepin County Shady Oak Road South). Compared to other cities of similar size, the largest difference is between intergovernmental and property taxes. Per capital expenditures increased$22 from 2014, primarily due to increased community development(Shady Oak Road and the Community Center Aquatics Expansion). II. POLICE DEPARTMENT UPDATE Detective Carter Staaf gave a presentation on sex trafficking and abatement. Staaf said the time-tested formula for recruiting victims involves fraud, coercion and force. He said prostitution is a sex act for commerce. Sex trafficking introduces a third party into the transaction. Staaf said sex trafficking occurs in both private and public places. He noted that many people are surprised to learn that sex for commerce is not illegal when conducted on private property. He said when the Police Department is made aware prostitution taking place on private property, they attempt to intercept buyers as they leave the premises to discuss what is taking place. Staaf said sex trafficking is about money and control. A woman who is being trafficked typically performs an average of five sex acts a day, seven days a week, at an average of$100 per transaction. This translates into about $15,000 a month, almost none of which the sex worker sees. He said it is surprisingly inexpensive to put a woman to work as a prostitute as it requires only a pre-paid phone, a$4 online ad and minimal clothing, food and shelter. He said sex trafficking is less expensive than selling drugs and carries less risk. Staaf said traffickers obtain victims by targeting, tricking, turning and traumatizing them. Typical victims of traffickers include: • Youth • Homeless City Council Workshop Minutes May 3, 2016 Page 3 • Women who are pregnant or who have young children • Youth in the foster care system • Past or current victims of molestation or other sexual abuse • Young people of color • Native youth • LGBT • Usually girls, but also boys and transgender youth • Individuals lacking relationships, support and engagement in school or work Targeting of vulnerable individuals occurs in public places such as schools, parks, libraries and shopping malls. The Internet—social media and relationship/chat websites—is also used to target victims. Once a victim is being trafficked, they are forced to fulfill quotas and are isolated from family and friends. Staaf said people are surprised to learn that trafficking occurs in affluent communities like Eden Prairie. Staaf provided examples of women who have been brought into the community to work or who have been recruited to work in other cities and states. Staaf said the Eden Prairie police department is aggressively fighting sex trafficking in the community and throughout the metro area. In 2015, the department conducted two "john stings," and has carried out another one already in 2016. These operations resulted in 17 arrests. More than 300 different phone numbers called the decoy advertisements, and decoy officers had more than 1,800 communications to their phones during just three details. Staaf said the Eden Prairie Police Department has created a street crimes unit. It provides outreach, enforcement and training to reduce trafficking. He said community members can help by contributing to the Crime Prevention Fund and participating in the annual Stop the Trafficking 5K Walk/Run for Justice on June 11. Open Podium - Council Chamber III. OPEN PODIUM A. TOM MADDEN—TOBACCO SAMPLING ORDINANCE Tom Madden, 19260 Lake Avenue in Deephaven, said he would like the Council to amend the ordinance regarding e cigarettes. He has a retail establishment in the Eden Prairie/Minnetonka area and would like to be able to offer sampling of e cigarettes at his business. He reviewed research on the safety of e cigarettes and the benefits of using that product to lifetime smokers. Case asked if his interest is from a business perspective. Mr. Madden replied he would like to offer the service in the community. City Council Workshop Minutes May 3, 2016 Page 4 Aho asked if Mr. Madden was asking the Council to change the ordinance to allow sampling of e cigarettes within a retail environment. Mr. Madden said he would like the ordinance to be amended to be similar to the ordinance in Minneapolis. Case noted he remains adamant against the use of e cigarettes, but he appreciated that Mr. Madden shared his concerns with the Council. IV. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MAY 3, 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 Acting Mayor Case called the meeting to order at 7:00 PM. Mayor Tyra-Lukens was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. TOUR DE TONKA PRESENTATION Jenny Bodurka, Coordinator of Youth &Adult Programs, Minnetonka Community Education, distributed brochures about the Tour de Tonka to be held on August 6, 2016. She gave an update about this year's event, and reviewed information on participation in the event over the years. In 2015 the event raised $40,000 for the Intercongregation Communities Association(ICA) Food Shelf. She thanked the Council for the help Eden Prairie gives to the annual event, especially the support from the Police and Fire Departments. B. 2015 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Case said our budget is a very important part of Eden Prairie, and this item will present our annual financial report. Chris Knopik,principal at Clifton Larson Allen, gave a PowerPoint presentation about the 2015 CAFR, and noted his firm issued an unmodified opinion on the report, the highest level of opinion the City can receive. He reviewed the General CITY COUNCIL MINUTES May 3, 2016 Page 2 Fund revenue and expenditures, fund balances, and the enterprise funds, including the water and sewer fund, storm drainage fund and the liquor fund. He noted the City was under budget for the year by$76,000. He also reviewed the Estimated Market Value (EMV) of property in the City and commented it is $485,000,000 over the market value in 2006. Eden Prairie continues to have a lower tax rate than surrounding cities and throughout the State and has an Aaa bond rating. He reviewed some emerging standards issues that will affect the City in the future. He praised staff for being very accommodating and very prepared for the audit. MOTION: Aho moved, seconded by Nelson, to accept the 2015 Comprehensive Annual Financial Report(CAFR). Motion carried 4-0. Aho thanked Mr. Knopik's team and City staff for a great job. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said Item IX.A. should be removed from the agenda. The proponent needs additional time to make changes to the plan. The item may come back to the Planning Commission but at an undetermined date. He said staff was able to get notices out about removing the public hearing from tonight's meeting agenda. Case added Item XIV.A.1. MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL GOAL SETTING WORKSHOP HELD TUESDAY, MARCH 22, 2016 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the Council goal setting workshop held Tuesday, March 22, 2016, as published. Motion carried 4-0. B. COUNCIL WORKSHOP HELD TUESDAY,APRIL 5, 2016 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the Council workshop held Tuesday, April 5, 2016, as published. Motion carried 4-0. C. CITY COUNCIL MEETING HELD TUESDAY,APRIL 5, 2016 MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, April 5, 2016, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS CITY COUNCIL MINUTES May 3, 2016 Page 3 VIII. CONSENT CALENDAR Case asked that Item E. Optum PUD Amendment be considered separately as he planned to abstain from voting on that item A. CLERK'S LICENSE LIST B. STARBUCKS by Told Development Company. Second Reading of Ordinance 7- 2016-PUD-4-2016 for Planned Unit Development District Review with waivers on 1.38 acres and 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. (Ordinance 7- 2016-PUD-4-2016 for PUD District Review with waivers and Zoning District Change; Resolution 2016-58 for Site Plan Review) C. PARK NICOLLET HEALTH SERVICES by BWBR. Second Reading of Ordinance 8-2016-PUD-5-2016 for Planned Unit Development District Review with waivers on 4.61acres and 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 8-2016-PUD-5-2016 for PUD District Review with waivers and Zoning District Amendment; Resolution 2016-59 for Site Plan Review) D. CAMP EDEN WOOD RESPITE CENTER by True Friends. Second Reading of Ordinance 9-2016-PUD-6-2016 for Planned Unit Development District Review with waivers on 51.81acres and Zoning District Amendment within the Public Zoning District on 51.81 acres and Site Plan Review on 51.81 acres. Location: 6350 Indian Chief Rd. Ordinance 9-2016-PUD-6-2016 for PUD District Review with waivers and Zoning District Amendment; Resolution 2016-60 for Site Plan Review) E. OPTUM PUD AMENDMENT by United Health Group. Second Reading of Ordinance 10-2016-PUD-7-2016 for Planned Unit Development District Review with waivers on 89.63 acres and 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 10-2016-PUD-7-2016 for PUD District Review with waivers and Zoning District Amendment; Resolution 2016-61 for Site Plan Review) F. ADOPT RESOLUTION 2016-62 APPROVING LIMITED-USE PERMIT FOR MUNICIPAL ENTRY MONUMENT SIGNS IN THE RIGHT- OF- WAY OF TH 169 AT ANDERSON LAKES PARKWAY, TH 5 AT DELL RD.,AND TH 212 AT DELL RD. G. AWARD CONTRACT FOR MILLER PARK#8 IMPROVEMENTS TO MINNESOTA ROADWAYS CITY COUNCIL MINUTES May 3, 2016 Page 4 H. AWARD CONTRACT FOR MILLER PARK#10 RENOVATION TO DUNINICK I. APPROVE MAINTENANCE AGREEMENT WITH RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT FOR MILLER PARK#10 PROJECT J. AWARD CONTRACT FOR ROUND LAKE IRRIGATION TO GREEN ACRES SPRINKLER COMPANY K. AWARD CONTRACT FOR WILLOW PARK TENNIS COURT RENOVATION TO DERMCO-LAVINE CONSTRUCTION L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HTPO FOR TRAIL PROJECT DESIGN M. REJECT BIDS FOR STARING LAKE PLAY AREA RENOVATION N. AWARD CONTRACT FOR 4TH OF JULY FIREWORKS TO RES SPECIALTY PYROTECHNICS O. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WEITZMAN STUDIOS, INC. FOR LRT BRIDGE PIER RELIEF DESIGNS P. ADOPT RESOLUTION 2016-63 IN SUPPORT OF IMPROVEMENTS TO HIGHWAY 101 BETWEEN PIONEER TRAIL AND FLYING CLOUD DRIVE IN THE CITY OF CHANHASSEN Q. DECLARE POLICE VEHICLE #265 AS SURPLUS EQUIPMENT AND AUTHORIZE PURCHASE OF A REPLACEMENT VEHICLE R. AWARD CONTRACT FOR 2016 SEALCOAT PROJECT TO ALLIED BLACKTOP COMPANY S. AWARD CONTRACT FOR 2016 BITUMINOUS MILL & OVERLAY PROJECT TO PARK CONSTRUCTION, INC. T. AWARD CONTRACT FOR 2016 BITUMINOUS CRACK SEAL PROJECT TO AMERICAN PAVEMENT SOLUTIONS U. APPROVE LICENSE AGREEMENT WITH HENNEPIN COUNTY FOR ELECTION EQUIPMENT V. ADOPT RESOLUTION 2016-64 SUPPORTING APPOINTMENT OF PETER IVERSEN TO THE RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT BOARD OF MANAGERS CITY COUNCIL MINUTES May 3, 2016 Page 5 MOTION: Nelson moved, seconded by Aho, to approve Items A-D and F-V on the Consent Calendar. Motion carried 4-0. Regarding Item V, Aho thanked Peter Iversen for being willing to volunteer to serve on the Riley-Purgatory-Bluff Creek Watershed District Board of Managers. Case noted to his knowledge this is the first time the City Council has sent in a recommendation for a name to serve on that Board. MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve Item E on the Consent Calendar. Motion carried 3-0-1,with Case abstaining. IX. PUBLIC HEARINGS/MEETINGS A. EDEN PRAIRIE SENIOR LIVING by Kaas Wilson Architects. Request for Comprehensive Guide Plan Change from Low Density Residential and Office to High Density Residential on 3.11 acres; Planned Unit Development Concept Review on 3.11 acres; Planned Unit Development District Review with waivers on 3.11 acres; Zoning District Change from Rural to Office and RM-2.51 on 3.11 acres; Site Plan Review on 3.11 acres and Preliminary Plat of five lots into one lot and one outlot on 3.11 acres. Location: 10220, 10240 & 10280 Hennepin Town Rd. (Resolution for Guild Plan Change; Resolution for PUD Concept; Ordinance for PUD District Review with waivers and Zoning District Change; Resolution for Preliminary Plat) (Removed from Agenda) 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, Nelson and Case voting"aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Minnesota River Erosion—Council Member Case Case said he recently toured the Minnesota River bottoms area near Grass and Rice Lakes. His tour was led by Sever Peterson and was done in preparation for a trolley tour of historic places along the river bottoms that CITY COUNCIL MINUTES May 3, 2016 Page 6 were mentioned in the book, One Stayed at Welcome, by Maud Hart Lovelace. The trolley tour will take place on a weekend in May. The historic places include the site of a battle between the Sioux and Chippewa in 1857 and native encampment sites. During the tour Mr. Peterson noted the river has eroded 50 feet into the bank just in his lifetime. Case asked staff to check into the erosion to see what is happening there and to see if there is something we could be doing such as advocating for grant money. B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. Policy for Vegetation Management within Right-of-way and Drainage, Utility or Trail Easements Ellis said the purpose of this policy is to provide for the safety and protection of right-of-way users and their property, to allow for the proper maintenance of roads, trails, sidewalks, and utilities, and to protect below ground and above ground utility infrastructure. This policy establishes standards that should be considered when pruning or removing vegetation which conflicts with intended uses of the right-of-way and drainage,utility or trail easements. For safety purposes, vegetation would be pruned to allow 16 feet of right of way above the road and 10 feet above the trails. He reviewed the typical reasons for vegetation removal, and noted the pruning and removal service would be performed at no cost to the property owner. He said the policy formalizes what our practices have been for years. Case asked how we would exercise control if a property owner did not want to have a tree pruned that is blocking the line of sight. Ellis replied they schedule trimming a year in advance of scheduled street maintenance, so a neighborhood would receive notice in the fall before the project that there would be tree trimming the next year. He said they would explain our standard and would conduct a house by house assessment of the neighborhood. Staff would place a hanger on the door of the property regarding pruning of those trees in the yard marked with yellow ribbons. He noted they would trim only what is on the right of way, but will ask for, and would prefer to get, the property owner's written permission to trim the tree back to the trunk. Case noted that process sounds very appropriate and respectful. MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt the policy for vegetation management within the right-of-way and drainage,utility or trail easements. Motion carried 4-0. CITY COUNCIL MINUTES May 3, 2016 Page 7 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS Getschow said the trolley tour event in the river bottoms will take place on May 21. Case noted participants who want to take the tour will meet at the Cummins Grill House. XVI. ADJOURNMENT MOTION: Aho moved, seconded by Nelson, to adjourn the meeting. Motion carried 4-0. Acting Mayor Case adjourned the meeting at 7:35 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 24, 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 Temporary Liquor Organization: City of Eden Prairie Event: Beer Tasting Date: August 10, 2016 Place: Staring Lake Park 14800 Pioneer Trail Organization: City of Eden Prairie Event: Wine Tasting Date: September 22, 2016 Place: Garden Room 8080 Mitchell Road Organization: City of Eden Prairie Event: Wine Tasting Date: November 3, 2016 Place: Garden Room 8080 Mitchell Road - 1 - CITY COUNCIL AGENDA DATE: May 24, 2016 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO: VIILB. City Attorney Approve Second Reading of Ordinance Richard Rosow Relating to License Sale of Alcohol in Restaurant Movie Theaters Requested Action Move to: Approve the second reading of an ordinance amending City Code Chapter 4 to license the sale of alcohol in restaurant movie theaters and adopt resolution approving publication of summary ordinance. 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 OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 11-2016 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 11-2016 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 24th day of May, 2016. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 11-2016 is lengthy. B. The text of summary of Ordinance No. 11-2016, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance 11-2016 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on May 24, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE 11-2016 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 following is only a summary of Ordinance No. 11- 2016. The full text is available for public inspection by any person during regular business hours in the office of the City Clerk. Summary: This ordinance amendment establishes a definition for Restaurant Movie Theater in the liquor code and sets forth requirements regarding issuance of a liquor license to a Restaurant Movie Theater. EFFECTIVE DATE: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on . CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 24, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: VIII.C. Randy L. Slick Final Plat Report of Shady Oak Public Works/Engineering Crosstown Second Addition Requested Action Move to: Adopt the resolution approving the final plat of Shady Oak Crosstown Second Addition. This proposal is for the plat located at 11190 West 62nd Street. This two lot 1.38 acre project proposes the construction of a new carwash facility for the existing BP Station on Lot 1. Lot 2 proposal is for a new freestanding Starbucks. Background Information The preliminary plat was approved by the City Council on March 8, 2016. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on May 3, 2016. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$425.00 • Prior to release of the final plat, Developer shall submit payment for connection fees in the amount of$40,832.00 • Prior to the release of the final plat, Developer shall provide a Cross Access Easement, Private Utility and Maintenance Agreement between Lots 1 and 2 of the property. • The requirements as set forth in the Developer's Agreement. • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy. • Prior to release of final plat, Developer shall submit a 1"=200' scale reduction of final plat. • Completion of the vacation of underlying drainage and utility easements. • Prior to the release of the final plat, Developer shall convey to the City easements for the proposed sidewalk. Attachments Resolution Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2016- A RESOLUTION APPROVING FINAL PLAT OF SHADY OAK CROSSTOWN SECOND ADDITION WHEREAS, the plat of Shady Oak Crosstown Second Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Shady Oak Crosstown Second Addition is approved upon compliance with the recommendation of the Final Plat Report on this plat dated May 24,2016. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on May 24, 2016. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk SHADY OAK CROSSTOWN SECOND ADDITION R.T.- DOC. No. C.R. DOC. No. h'F= = °� SURVEYORSCIRn.«TDN •• ;. T_ '•,molt•- A/°_ _ \ \ I,Henry D.NoWon,do herebymmry that Na plot win pasalpy soar wear __ my alma mpaMvlon;Nal I ant a duty Llmnmd Lora Surveyor In Bta SIN.al -titer°r yo'AS s�oWaa,p��I'-IBLL� cw"!Y t t i t' k arrow c°'"� MNnavata;Nat thin pal N a mrtad sprmentalan of No boundary savoy,Pry I Nn� / °w,t ,,,I;,Ip---\.'•,,,,,ar me UIa Y \\ \. `_ of y MOM n 1v2� all=them..data and lobate am wan.dadgnabd on Nlv ptab.1 al ` soma dep..on Nis plat hobo boon,or will be mnoaly cot wWn one °_°ya—° \p Yenr,NNW water bounaanos and wet ands,ae dal.In Minnesota S.W. --f' \ \ Seaton 505.01,subs.0,m of No deb of Nla mrtlhmlo am Mown and labeled c \ - on Nis pat;and all peals wayo aro Mown and labnla an this plat. • -( - •„ i' _, b�/ \ ------ � -_ `\`\ \\ a Hon wo1ml,LrmmdLand sundror — \ \•r• a umnea Na.ttz55 ,\\ m __ \\ Manes •PNja i- - \ \ \ \ State of Mlnnoaoa 3� a 4 Al " a \.B \\ \ County of HOnnoplln / NNW"OF m. \ \ - er:n \ yg Thin Instalment woo...Ilk beam ma Nis d of Mrr _ __ V1 / I 0 /i.& \ 1 _ itr%ie. - _ \ _-. o - --- 201_by HanrY O.Nelson,a tJmnmda Land 1—`— �^ —T -_—-- -_ \ -_ - -.,�t rat aa.. fslanawml —_ _ z I I \\ D NORTH (PESO)Nasal Tq .w*4. ' 2 20 mew"sob �m.Mlara®m son E,plraJaaRnm,m L- / kAA.y6 SCALE IN FEET II ' P' SS I/2 Iry _ I I •_a 1.)i) L i//q •a —°=oOFT TG I ON MONUMENT m)NO EDEN PRAIRIE,MINNESOTA J I wi - .OMIT Sr ACCESS T IM pal of SHADY OAR CROSSTOWN SECOND ADORION rat'warred I Cos FOR OEANIN S and amoped by Na City Council of Edon Pmae,ManeaoN,at a regular 1 - N. V NW I/4 OF NW I/O maul ng Nomof hoe.a NOV of ,201 .0 `� n • Is• BEAMS NEe02Y'w'L a5Pllmblo,the wnl en man No e.and romm mandabonn s NO Comml e boon 4 SF Trans00 '� • City or Nvopmmld pros...OoumY Ponotly a NaeganloPsodaa abwl.Out mcelp of Coat �7 Ig 1 5mmmento o5.O3,Subd.2. mmman vbo o av pmvaad by Minn.Statutes,Soda LLC� NOW ALL PERSONS BY THESE PRESENTS:Trial Pa T lams. a Manama toted laity company,aa owner. n CITY COUNCIL OF EDEN PRAIRIE.MINNESOTA _ of INotollawln0 dovMba properly Mated in Me wanly of Hnmpin,Slso o1Mlnnocota,b IOIL I \\ ins part of Lot 1,Block 1,Shady oak Craselown Addition,embmma.thIn No Woof 202.51mtof lho North..Cromof No BY Mayor \\$ NOMwet Ouador of SeMon 1,Township 110,Range 22 av momemd along.v North and Sou.hoes of ore Northwest Mmamr I \ / Ouartar�� rNwost Ouartar 1 (tortenv AND REAL!STATE SERVICES,Honnopn County, \\>\ tf/ TogoNawlN: Mlcnmoa Thal port of No Sautnwmt Cuartor of too SouNwoel GaMor of Section OB,TownMip 117,Hngv 22 HonnoNn Couny. 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BY Deputy lKt r00 Saloai County of ---_—_ _- mat Instrument s odnowloegod me Nb dry at COUNTY RECORDER,Nasapin County,Manama 01 Ventama,DC,a minnmota Ratite a0NM I homey may.t No within pat of SHADY OAN CROSSTOWN SECOND span,on behead.Comp. ADDITION was romaotl in to this o tna doll of ,201_a otl - Man CaNN Row.. DI LOU CKS apaPubl°' DN y Nolan Ponta Canty, My Commlmlon Expires Ja afy31,30_ • SHEET 1°F I SKE, CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 24, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.D. Police Department Declare Abandoned Property Lieutenant Greg Weber Requested Action Move to: Declare property as abandoned. Synopsis The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic equipment and miscellaneous items that remain unclaimed. Background Information In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property Room has several items that have lawfully come into its possession that remain unclaimed by the owners and have been in its possession for at least 90 days. In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like to dispose of this property by sale to the highest bidder at a public auction through the City of Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police Department would like to convert certain items for City use. Attachments Exhibit A—Abandoned Property Exhibit B—Converted Property EXHIBIT A-ABANDONED PROPERTY Tag# Description of Property Serial Number 5019 #05-Black+Decker Cordless Drill recovered in SW 2004 Chev SUV 5013 #08-Orange Toolbox containing Screwdrivers+Misc Tools found in SW 2004 Chevrolet SUV 5018 #09-TomTom GPS w/Power Cord found in SW 2004 Chevrolet SUV 15693 64GB SanDisk Ultra Plus 15622 Anne Klein Brand Womens Watch, Silver/Gold Tone 5128 Black Felt Bag w/Numerous Pieces of Scrap Jewelry 2900 Black Mens Louis Vuitton Wallet 15631 Black Nintendo DS(i) TW42483546 2 0506EP0545 Blue&White Bandanas 15903 Box containing Beats Executive Headphones 7445 Brown Bag STC: (9)Perfume Boxes 15621 Bulova Brand Womens Watch, Silver in Color w/Clear Stones around the Face C876853 5630 DeMarini"Rogue"Alloy Baseball Bat 15428 Diamondback Sorrento Mens Red and Black Bicycle w/Combination Lock Attached U12U25143 15887 Huffy Disney Sparkle&Style Pink&White Children's Bicycle w/Training Wheels SNHEJ11 B02473 15311 Huffy Seastar Pink Bicycle. SNHBC15C25050 15277 Magna Excitor Black-Red Adult Bike. DJFJ102102 2910 Mens Louis Vuitton Black Wallet,Womens Black Coach Checkbook Cover&Womens Brown Louis Vuitton Checkbook Cover 15676 Mongoose Mtn Bike, Black/Blu/Red . Front white light, rear red light. Bike lock around seat pole. SNFSD15DE4538 15474 Next Chaos FS20 Green&Black 20"Boys Bike Trick Bicycle JT130901293 13854 Nikon BuckMasters Rifle Scope 1705 One Blue Nautica Suitcase 15694 One Fit Bit Surge-Size Large 8009 One Grey/Silver Shake Weight 15632 One Pair of Post Gold colored Earrings w/Clear Stones 14169 Paper bag containing(2)sealed Gillete 12 pack shaving razors 14168 Paperbag containing (5)DVD box sets 14167 Paperbag containing (9)DVD box sets 6908 Pelican 2360 Flashlight, Black in Color 0912EP0168 Pg 03-#15i-Misc Jewelry 0912EP0216 Pg 05-#01 -Necklace 0912EP0217 Pg 05-#02-Necklace 0912EP0218 Pg 05-#03-Necklace 0912EP0220 Pg 05-#05-(1)Pair of Earrings 0912EP0221 Pg 05-#06-(1)Earring/Diamond in Middle 0912EP0222 Pg 05-#07-(4)Earrings-Mismatched 15322 Schwinn Pathway Hybrid Bicycle w/Parking Permit F-0405(not U of M parking permit) SNIDC08K05058 15264 Schwinn Searcher Outdoor Sport Bike, Navy Blue in Color,w/Rack above back Tire F97062994 15271 Silver Colored w/Diamond-like Clear Stones around the Center Circumference of the Ring. 4946 Stanley"Wonder Bar"with Yellow End 15628 Timex Brand Watch w/Blue and Tan Band 15693 Two 4-Pack A-Shirts 15360 Two Pair of Black Headphones w/No Label or Model Number 15369 Women's Ring,Gold Band w./Snowflake Center Diamond 4/27/2016 2:31:46 PM EXHIBIT B - CONVERTED PROPERTY Tag# Description of Property Serial Number 4539 27.48g Marijuana&Plastic Container(Destroyed) 2404 #04b-14.2g Hash Oil 4988 $10 Bill 2411 11.7g Cocaine 12923 12 suspected ecstacy pills from item#01. 12927 18 suspected ecstacy pills from 01 B. 12930 24 suspected ecstacy pills from 01-C. 4629 278.36 grams Marijuana-tested positive by Frederick(located in Item#1) 476 28g Cocaine, Pkg 5103 3.97 grams Marijuana found in Item#10A(tested positive by L'Heureux). 3470 Apple Mac Book Laptop CO2F8OPFDMGG 15195 Black 1911BB Gun 16512 Item#04-$467.00 U.S. Currency Found in MBR in the rt ft pocket of jeans w/Giovanni Montoya ID/Wallet in rear jacket-Irmiter 15693 N-Pulse Pulse Pounding Sound Headset 679 One Twenty Dollar Bill 15693 Orben Backpack, Blue In Color 3607 Pg 01 -#01 a- 15.2g Heroin inside Plastic Baggie 3929 Pg 01 -#03-Approx. .61 grams of(NIK+)Methamphetamine located in small plastic baggies. 5085 Pg 01 -#04A- 10.45 grams of Marijuana found in Item#4. 0506EP0544 Pg 2-#1A-$20 Cash 0705EP0116 Pg 2-#1 D-$220 Cash(Note: Pkg says approx$222 in Cash) 0705EP0118 Pg 2-#1 E-$217 Cash 0705EP0119 Pg 2-#1 F-2-$423 Cash 15693 Plantronics Voyager Legend Bluetooth Headset 15693 Pocket Juice Portable Charger 13854 Rifle Bi-Pod 4246 Toshiba Laptop w/Charger 11774 Two Digital Scales(Taler Model 3835/Sharper Image) 14075 US Currency(3)-$20 Bills=$60.00 14079 US Currency(3)-$20 Bills=$60.00 4/27/2016 2:44:20 PM CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 24, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 16-5931 ITEM NO.: VIII.E. Mary Krause Award Contract for 2016 Concrete Public Works/Engineering Supply to Cemstone Requested Action Move to: Award the Contract for the 2016 supply of concrete to Cemstone at the unit prices in the attached quote summary. Synopsis Quotes were received on May 6, 2016, for the 2016 supply of concrete required to perform annual street maintenance projects including curb repair and replacement. Three quotes were received. A quote summary sheet and the unit prices of the material to be purchased are attached. Background Information The low quote for the different concrete mixes is from Cemstone. The concrete is purchased on a per cubic yard basis based on the quantity required to perform maintenance needs. Attachments • Quote Summary • Contract I.C. 16-5931 2016 Concrete Quote results Suppliers providing quotes MNDOT 2461 Concrete Mix 3A32 MNDOT mix 3A32F MNDOT 3A32HE High/Early (no fly ash) (with fly ash) Cemstone $110.00/C.Y.#, ## $107.75/C.Y.#,## $120.00/C.Y.#, ** AVR,Inc.&Affiliates $136/C.Y.#,## $133/C.Y.#,## $146/C.Y.#,## Rivers Edge Concrete,Inc. No quote $124/C.Y. *,++ $139/C.Y.,*,++ Aggregate Industries $125.75/C.Y.#,## $122.55/C.Y.#,## $131.15/C.Y.#,## Knife River No quote No quote No quote #Includes environmental fee *Environmental Fee$15/load ##$90/Load short load surcharge—less than 3 C.Y. **$70/Load short load surcharge—less than 3 C.Y. ++$115/Load short load surcharge—less than 2.75C.Y. May 6, 2016 Page 1 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 Cemstone, hereinafter referred to as the "SUPPLIER", WITNESSETH: CITY AND SUPPLIER, for the consideration hereinafter stated, agrees as follows: I. SUPPLIER hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Depat liiient referred to in Paragraph IV, as provided by the CITY for: I.C. 16-5931, 2016 Concrete Supply SUPPLIER further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and SUPPLIER 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 SUPPLIER'S proposal on file in the office of the City Engineer. The unit price of $110.00/Cu. Yd. in the amount to be determined of MnDOT 2461 concrete mix 3A32, $107.50/Cu.Yd. in the amount to be determined of MnDOT 2461 concrete mix 3A32F and $120.00 Cu.Yd. in the amount to be determined of MnDOT 2461 mix 3A32HE shall be paid to the SUPPLIER. III. Payments to SUPPLIER 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. Request for Quotes b. Accepted Quote c. Contract Agreement (2) 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. SUPPLIER agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Unit bid prices for those items awarded shall remain in effect until November 11, 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: By Title And Title Revised and Copied into Purchasing Policy March 2013 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 24, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #11-5800 ITEM NO.: VIII.F. Randy Newton Approve Change Order No. 2 for the Public Works/Engineering southern segment of the Shady Oak Road Improvements Requested Action Move to: Approve Change Order No. 2 for the southern segment of the Shady Oak Road Improvements in the amount of$24,384.38. Synopsis Change Order 2 consists of a supplemental agreement and multiple work orders grouped together into a single change order. These additional costs are a result of a number of changed,unknown or unanticipated conditions that occur with a construction project. The change order includes a savings for the value engineering of the one of the projects retaining walls. Staff recommends approval of the changes. Background Information Construction on the project began in July 2014 and was fully opened to traffic in December 2015. Final completion of the project is scheduled to occur in June 2016. Change Order 2 is an accumulation of changes that have occurred since late last spring. These changes have also been reviewed and approved by MnDOT. In general, changes resulting in additional cost stem from unforeseen existing conditions and additional work unidentified in the original bid documents. More detail on each change is included with the attached change order form. Included in this change order is a$65,000 credit for the value engineering of the retaining wall on the east side of Flying Cloud Drive north of Shady Oak Road. Due to the potential impacts to the adjacent property the contractor re-designed the wall from a sheet pile wall to a large modular block wall. Financial Implications With this change order, the total contract amount increases from $15,769,043.84 to $15,793,428.22. As defined in the UHG Developer's Agreement, UHG is responsible for a percentage of the costs for the project including change order costs. MnDOT, Hennepin County and the City make up the remainder of the cost share. Attachment Change Order No. 2 May 6,2016 CHANGE ORDER NO. 2 Project: T.H.212&C.S.A.H.61 (Shady Oak Road) Interchange Eden Prairie,Minnesota SP 2763-49 City Project No. 11-5800 To: C.S.McCrossan Construction,Inc. You are hereby directed to make the changes noted below in the contract. ITEM DESCRIPTION OF CHANGES 1. SUPPLEMENTAL AGREEMENT NO.2 a. Wall D Value Engineering: It was determined that the installation of Retaining Wall D would severely impact the canopy and root system of two (2)large trees.Due to the close proximity of a house to the proposed sheet piling and possible damages that could result from vibratory installation,the Contractor re-designed the wall.The location of the wall moved 10'to the west and the type of wall changed to a large modular block retaining wall.These changes would not impact the structure of the house or tree canopies and would minimize impacts to the root systems. Payment for this work will be made at contract and negotiated unit prices. 2. WORK ORDER NO.7 a. Watermain Depth at Bryant Lake Drive: During construction,it was determined that the depth of the existing watermain at S.B. Shady Oak Road sta. 179+53 was 20',standard depth is 8'.The additional depth was not known prior to bidding.The Contractor will be compensated for the additional time spent to excavate and compact the additional material.Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 3. WORK ORDER NO.8 a. City West Parkway Temporary Drainage: Due to delays in private utility relocation,it was determined that the drainage system for N.B.City West Parkway could not be completed prior to the 2014 winter.A temporary drainage outlet will be constructed for the City West Parkway storm sewer so the water can be pumped as needed.Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 4. WORK ORDER NO.9 a. Watermain Installation Utility Conflict: During construction, relocation of private utilities was behind schedule and in conflict with the installation of the proposed watermain along S.B. Shady Oak Road sta. 195+40.Additional time was spent by the Contractor to excavate, backfill and compact around the existing utilities. Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 5. WORK ORDER NO.10 a. Traffic Control: The guardrail in the median of Highway 212 was hit and damaged prior to the reconstruction of the Shady Oak Road bridge. An additional temporary lane closure was needed to install a portion of the portable concrete median barrier prior to stage 3.Payment for this item was determined on negotiated unit price. Change Order No.2 1 May 6,2016 6. WORK ORDER NO. 11 a. Remove and Dispose of Debris(SE Ramp): During excavation,buried debris was encountered in the roadway section and storm sewer trench along the S.E.Ramp, sta. 507+00 to sta. 508+00. The debris consisted of tree branches and stumps. These were not shown in the plans and had to be removed from the project.Payment for this item was determined on negotiated unit price. 7. WORK ORDER NO.12 a. Temporary Pavement Markings: It was determined that the final lift of bituminous pavement would be delayed until 2016. Temporary pavement messages are necessary until the final lift of bituminous is placed.Payment for this item was determined on negotiated unit price. 8. WORK ORDER NO.13 a. Watermain and Storm Sewer Replacement: During construction,it was determined that there is a leak in an existing hydrant in the boulevard near N.B. Shady Oak Road sta. 94+00. It was also determined that an existing storm sewer catch basin near this location has deteriorated. The Contractor will repair the watermain leak and catch basin structure.Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 9. WORK ORDER NO. 14 a. Additional Traffic Control: During construction, due to a restricted work area, it was determined that the watermain crossing of the S.E. Ramp needed to be completed under a 1-day closure.Closure of the S.E.Ramp required installation and removal of the detour signs shown in the plan.Payment for this item was determined on negotiated lump sum price. 10. WORK ORDER NO.15 a. Bonded Fiber Matrix: Per MnDOT Water Resources SWPPP Field Report dated November 19,2015,Hydraulic Matrix Type Bonded Fiber is required to stabilize exposed soils for the winter. This was not shown in the plan. Payment for this item was determined on negotiated unit price. 11. WORK ORDER NO.16 a. Parking Lot Striping: During construction,it was determined that parking lot striping was needed in the 6600 City West Parkway parking lot where the pavement was removed for watermain and retaining wall construction. The Contractor will place parking stall striping that matches pre-construction conditions. Payment for this item was determined on negotiated lump sum price. 12. WORK ORDER NO.17 a. Remove Watermain Casing: During construction, it was discovered that the existing watermain at S.B. Shady Oak Road sta. 169+43 was in a steel casing pipe.This was not shown in the plan.Additional time was spent to cut and remove the steel casing pipe to allow for a connection to the new watermain. Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 13. WORK ORDER NO.18 a. E8H Joint: The plan requires an Expansion Joint Design E8H at the end of each approach panel and states this is to be paid for separately.The plan did not include a pay item for Expansion Joint Design E8H.Payment for this item was determined on negotiated unit price. Change Order No.2 2 May 6,2016 14. WORK ORDER NO. 19 a. Locate Relocated Buried Electrical(Xcel Energy): During construction, an existing private utility line was relocated and found to be at a greater depth than expected (3'-4').The utility line was relocated to a depth of approximately 20'below the existing grade at the proposed sanitary sewer line to be directionally drilled below Flying Cloud Drive sta. 306+50. The Contractor will excavate and locate the buried power at the location of the proposed crossing. Payment for this item was determined on negotiated lump sum price. 15. WORK ORDER NO.20 a. Source of Power for Temporary Signal System D: Xcel Energy did not locate the source of power for Signal System D (Flying Cloud Drive intersection) per plan. Additional overhead wire was required to supply power to the temporary signal system.Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. Measured ADD the following costs to the contract: Unit Unit Price Quantity Amount 1. Supplemental Agreement#2 a. Ornamental Metal Rail Type Special 1 Lin Ft $140.00 -186 ($26,040.00) b. Structural Concrete(3Y43) Cu Yd $850.00 -63 ($53,550.00) c. Reinforcement Bars(Epoxy Coated) Pound $1.20 -3,192 ($3,830.40) d. Architectural Color System Sq Yd $21.00 -165 ($3,465.00) e. Special Surface Finish Sq Ft $1.60 -660 ($1,056.00) f. Anti-Graffiti Coating Sq Ft $1.00 -2,144 ($2,144.00) g. Arch Concrete Texture(Ashlar Stone) Sq Ft $10.50 -1,484 ($15,582.00) h. Steel Sheet Piling(Permanent) Sq Ft $30.00 -5,349 ($160,470.00) i. Additional Shipping Cost Load $1,700.00 3 $5,100.00 j. CSM Loadout Cost Load $200.00 3 $600.00 k. Sheet Piling Re-Stock Fee Lump Sum $61,791.73 1 $61,791.73 1. Geotextile Fabric Type I Sq Yd $5.00 350 $1,750.00 m. Drainage System Wall 7 Lump Sum $2,000.00 1 $2,000.00 n. Concrete Footing Lin Ft $85.00 154 $13,090.00 o. Modular Block Retaining Wall Sq Ft $30.00 1,174 $35,220.00 p. Coarse Filter Aggregate Cu Yd $35.00 48 $1,680.00 q. Wire Fence Design Special Vinyl Coated Lin Ft $50.00 154 $7,700.00 r. Select Granular Embankment(CV) Cu Yd $21.00 139 $2,919.00 s. Architectural Color System Sq Yd $21.00 105 $2,205.00 t. Anti-Graffiti Coating Sq Ft $1.00 945 $945.00 u. Value Engineering Incentive Lump Sum $65,568.34 1 $65,568.34 Subtotal ($65,568.33) 2. Work Order#7 a. Force Account No.6 Lump Sum $11,195.26 1 $11,195.26 3. Work Order#8 a. Force Account No.7 Lump Sum $3,737.91 1 $3,737.91 4. Work Order#9 a. Force Account No. 8 Lump Sum $4,407.11 1 $4,407.11 5. Work Order#10 a. Traffic Control Special Each $820.81 1 $820.81 6. Work Order#11 a. Remove and dispose of debris Load $612.53 6 $3,675.18 7. Work Order#12 a. Pavement Message(Arrow)Paint Each $137.50 40 $5,500.00 Change Order No.2 3 May 6,2016 8. Work Order#13 a. Force Account No.9 Lump Sum $5,298.82 1 $5,298.82 9. Work Order#14 a. Additional Traffic Control Lump Sum $1,980.00 1 $1,980.00 10. Work Order#15 a. Hydraulic Matrix Type Bonded Fiber MGAL $605.00 29 $17,545.00 11. Work Order#16 a. Parking Lot Striping Lump Sum $660.00 1 $660.00 12. Work Order#17 a. Force Account No. 10 Lump Sum $2,803.85 1 $2,803.85 13. Work Order#18 a. Expansion Joint Design E8H Lin Ft $82.82 268 $22,195.76 14. Work Order#19 a. Excavation to Locate Utilities Lump Sum $9,673.91 1 $9,673.91 15. Work Order#20 a. Force Account No. 11 Lump Sum $459.10 1 $459.10 TOTAL ADDITIONS $290,521.78 TOTAL DELETIONS $266,137.40 TOTAL CHANGE(THIS CHANGE ORDER) $24,384.38 ORIGINAL CONTRACT AMOUNT $ 15,638,757.67 TOTAL ADDITONS(ALL CHANGE ORDERS) $ 463,489.95 TOTAL DELETIONS(ALL CHANGE ORDERS) $ 308,819.40 TOTAL CHANGE(ALL CHANGE ORDERS) $ 154,670.55 TOTAL CONTRACT VALUE INCLUDING THIS CHANGE ORDER $ 15,793,428.22 THE ABOVE CHANGES ARE APPROVED: SRF CONSULTING GROUP, INC. CITY OF EDEN PRAIRIE By By Project Manager City Manager Date Date THE ABOVE CHANGES ARE ACCEPTED: C.S. McCROSSAN CONSTRUCTION,INC. CITY OF EDEN PRAIRIE By By Mayor Date Date H:1Projectslln-Construction184941Contract ChangeslChange OrderskSP 2763-49_Change Order 2.docx Change Order No.2 4 May 6,2016 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 24, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: LC. #14-5877 ITEM NO.: VIII.G. Randy Newton Approve Change Order No. 1 for the Public Works/Engineering West 70th Street Extension Project Requested Action Move to: Approve Change Order No. 1 for the West 70th Street Extension Project in the amount of$131,957.77. Synopsis Change Order 1 consists of multiple work orders grouped together into a single change order. These additional costs are primarily a result of additional areas of poor soils and higher than expected groundwater. Staff recommends approval of the changes. 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 change order is primarily a result of higher than expected groundwater and additional areas of poor soils that required correction. In addition, there were several unspecified work tasks that were identified during the construction of the project. More detail on each change is included with the attached change order form. Financial Implications With this change order, the total contract amount increases from$1,277,800.80 to $1,409,758.57. The project is being funded through special assessments and a Hennepin County Transit Oriented Development Grant. Attachment Change Order No. 1 May 4,2015 CHANGE ORDER NO. 1 Project: West 70th Street Eden Prairie,Minnesota City Project No. 14-5877 To: Meyer Contracting,Inc. You are hereby directed to make the changes noted below in the contract. ITEM DESCRIPTION OF CHANGES 1. WORK ORDER NO. 1 a. Muck Excavation: During excavation, additional muck was discovered along West 70th Street from sta. 20+30 to 20+80. It was determined that all muck material could not be used on site as indicated in the plans. Payment for this item was determined on negotiated unit prices. 2. WORK ORDER NO.2 a. Spring Paving: The plans called for all paving to be completed in fall 2015. Due to soft subgrade that could not dry out due to consistent rain,the pavement section was revised and a portion delayed until spring 2016. To protect curb from being damaged by snow plowing,driveway entrances and median noses were ramped with bituminous. The ramping will be removed prior to placing the final lifts of pavement.Payment for this item was determined on negotiated unit prices. 3. WORK ORDER NO.3 a. Watermain: During construction,a 4"watermain service line was discovered near station 29+80.It was determine that the service line was no longer active and should be removed. The Contractor will provide all equipment, labor and material to remove and cap the service line. Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 4. WORK ORDER NO.4 a. Irrigation: During construction, it was determined that two (2) additional zones of irrigation would be added to the existing private irrigation system. The source of water for the additional zones will be the existing system while the timing will be connected to the new irrigation cabinet. Payment for this work will be made on a Force Account basis per MnDOT Specification 1904 and negotiated unit prices. 5. WORK ORDER NO.5 a. Subgrade Preparation: During construction, unsuitable soils were discovered along W.B. West 70th Street from sta. 21+50 to 22+70. It was determined that an additional 18" of unsuitable material would be removed and replaced with 3" minus aggregate with fine particles. The Contractor will provide all equipment,labor and material to remove and replace the unsuitable material.Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 6. WORK ORDER NO.6 a. Buried Debris: During excavation, buried debris was encountered along West 70th Street near sta. 24+85. The debris consisted of concrete construction materials. These were not shown in the plans and had to be removed from the project. Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 7. WORK ORDER NO.7 a. Subgrade Correction: During construction, unstable soils were discovered along W.B. West 70th Street from sta. 21+50 to 22+70 and sta. 30+10 to 31+00. It was determined that an additional 12" of unstable material would be removed and replaced with Aggregate Base Class 5. The Contractor will provide all equipment, labor and material to remove and replace the unstable material.Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 8. WORK ORDER NO.8 a. Irrigation Service: During installation of the irrigation system, it was determined that a connection to the existing watermain was required. The Contractor will provide all equipment,labor and material to connect to the existing watermain.Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 9. WORK ORDER NO.9 a. Subsurface Drain: Due to continually wet subgrade,possibly from perched water,subsurface drains were installed along West 70th Street from sta. 20+70 to 22+70 and sta. 28+75 to 30+10. The Contractor will provide all equipment, labor and material to place subsurface drains and connect to the existing drainage structures. Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 10. WORK ORDER NO. 10 a. Sign Removal: During construction, it was determined that the sign located along Flying Cloud Drive near sta. 62+90 was no longer needed and needs to be removed. The Contractor will provide all equipment, labor and material to remove the sign, place topsoil and sod.Payment for this work will be made on a Force Account basis per MnDOT Specification 1904. 11. WORK ORDER NO.11 a. Class 5 Savings: Based on test results, it was determined that the material reclaimed from the parking lot pavement and subbase met the requirements of Aggregate Base Class 5. This resulted in a savings from reduced trucking and material cost, the savings was shared between the Owner and Contractor. Payment for this item was determined on negotiated unit price. Measured ADD the following costs to the contract: Unit Unit Price Quantity Amount 1. Work Order#1 a. Muck Excavation Cu Yd $11.71 2,178 $25,504.38 2. Work Order#2 a. Mobilization Lump Sum $1,617.00 1 $1,617.00 b. Curb Ramping Lin Ft $4.82 198 $954.36 c. Removal of Ramped Pavement Lin Ft $5.78 198 $1,144.44 d. Type SP 9.5 Wearing Course Mix(3,C) Ton $4.62 520 $2,402.40 Subtotal $6,118.20 3. Work Order#3 a. Force Account Lump Sum $1,736.29 1 $1,736.29 4. Work Order#4 a. Force Account Lump Sum $8,837.68 1 $8,837.68 5. Work Order#5 a. Force Account Lump Sum $35,681.32 1 $35,681.32 6. Work Order#6 a. Force Account Lump Sum $5,475.78 1 $5,475.78 7. Work Order#7 a. Force Account Lump Sum $21,733.48 1 $21,733.48 8. Work Order#8 a. Force Account Lump Sum $6,566.37 1 $6,566.37 9. Work Order#9 a. Force Account Lump Sum $21,583.75 1 $21,583.75 10. Work Order#10 a. Force Account Lump Sum $2,414.87 1 $2,414.87 11. Work Order#11 a. Force Account Lump Sum $3,694.35 -1 ($3,694.35) TOTAL ADDITIONS TOTAL DELETIONS $135,652.12 TOTAL CHANGE(THIS CHANGE ORDER) $3,694.35 $131,957.77 ORIGINAL CONTRACT AMOUNT $ 1,277,800.80 TOTAL ADDITONS(ALL CHANGE ORDERS) $ 135,652.12 TOTAL DELETIONS(ALL CHANGE ORDERS) $ 3,694.35 TOTAL CHANGE(ALL CHANGE ORDERS) $ 131,957.77 TOTAL CONTRACT VALUE INCLUDING THIS CHANGE ORDER $ 1,409,758.57 THE ABOVE CHANGES ARE APPROVED: SRF CONSULTING GROUP, INC. CITY OF EDEN PRAIRIE By By Project Manager City Manager Date Date THE ABOVE CHANGES ARE ACCEPTED: MEYER CONTRACTING, INC. CITY OF EDEN PRAIRIE By By Mayor Date Date H:IProjectslln-Construction189751Contract ChangeslChange OrderslCP 14-5877_Change Order 1.docx CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 24, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 15-5924 ITEM NO.: VIII.H. Dave Modrow Approve Professional Services Agreement with Public Works/Engineering Wenck Associates, Inc. for Purgatory Creek Bank Stabilization- 11193 Bluestem Lane Requested Action Move to: Approve professional services agreement with Wenck Associates, Inc. for Purgatory Creek bank stabilization near 11193 Bluestem Lane in an amount not to exceed $50,700. Synopsis This Professional Services Agreement provides design, bid solicitation, construction observation, and administration for the Purgatory Creek bank stabilization project near 11193 Bluestem Lane. Background Information The bank of Purgatory Creek is in need of repair to stabilize the embankment along Bluestem Lane. Continuous groundwater seeps, concentrated overland flow from upstream homes, and a sharp change in the direction of the creek have resulted in the weakening and failure of the creek embankment and adjacent nature trail. The exposed lower slope material appears to be an un- cohesive soil that is subject to further displacement. The channel flow in the creek is directed into the slope creating an impinging force that likely caused the observed erosion and slope failure. This project has been identified as a high priority to address bank stabilization along the lower reaches of Purgatory Creek. Design and bidding of the project is proposed to take place in 2016. Construction is to be tentatively scheduled to begin and be substantially completed in 2017. Financial Implications The Professional Services Agreement with Wenck associates, Inc. has an estimated total cost of $50,700. The funding source for this project is the storm drainage utility. Attachment Professional Services Agreement Standard Agreement for Professional Services This Agreement ("Agreement") is made on the day of May, 2016 between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Wenck Associates, Inc., a Minnesota company (hereinafter "Consultant") whose business address is 1800 Pioneer Creek Center, P.O. Box 249, Maple Plain, MN, 55359-0249. 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 Slope Evaluation, Restoration Design, and Construction Oversight at 11193 Bluestem Lane 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 May 25, 2016 through December 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 $50,700 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 2014.04 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 Jason Warne 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: By: Its: Standard Agreement for Professional Services 2014.04 Page 8 of 8 voy WENCK ASSOCIATES Responsive partner. Exceptional outcomes. April 5, 2016 Dave Modrow, P.E. Water Resources Engineer City of Eden Prairie, Minnesota 8080 Mitchell Road Eden Prairie, MN 55344-4485 RE: Proposal for Slope Evaluation, Restoration Design, and Construction Oversight 11193 Bluestein Lane, Eden Prairie, MN Wenck File #P-0094-0107 Dear Dave: Wenck Associates, Inc. (Wenck) is pleased to submit this proposal to evaluate and repair the slope failure and gully erosion at 11193 Bluestem Lane in Eden Prairie. The scope of work presented in this proposal reflects previous discussions regarding site conditions and a brief site visit with the City on March 25, 2016. Scope of Services Task 1 — Site Survey and Soil Characterization Wenck will collect limited topographic information through the project area for use in the stability analysis and remedial design. Wenck will probe the slope soils to determine existing soil consistency and collect samples of soil from the slope for laboratory analysis. The analysis results will help to confirm field visual-manual determination of soil types present so that soil strength parameters can be estimated. Estimated fees for this task: $4,000 Task 2 — Analysis of Slope Stability and Mitigation Alternatives Following the site visit, Wenck will use information gathered at the site to perform a stability analysis of the existing slope and evaluate potential restoration alternatives. Following the analysis, Wenck will prepare a technical memo that discusses the investigative work and results of the analysis. The memo will include a description of the recommended restoration methods, along with estimated construction costs and associated engineering and construction administration costs. Estimated fees for this task: $6,000 Wenck Associates, Inc. I 1800 Pioneer Creek Center I P.O. Box 249 I Maple Plain, MN 55359-0249 Toll Free 800-472-2232 Main 763-479-4200 Email wenckmp@wenck.com Web wenck.com Dave Modrow, P.E. Water Resources Engineer City of Eden Prairie April 5, 2016 Task 3 - Plans and Specifications Upon approval of the recommended design, Wenck will prepare appropriate drawings, details and technical specifications to issue for bids. The bid documents will address specific items including: bidding and contract requirements, site access corridor, potential staging areas, site preparation, erosion control measures, construction material specifications, earthwork and material placement, and restoration activities. Wenck also recommends the inclusion of an erosion control map and erosion control details that would normally be included in a Stormwater Pollution Prevention Plan (SWPPP). This project does not exceed the disturbance area threshold (1 acre) that would require a Construction Stormwater NPDES permit and accompanying SWPPP. However, Wenck recommends these be included due to the proximity of the project work to Purgatory Creek. Estimated fees for this task: $11,000 Task 4 - Easement Assistance Wenck will assist the City in securing a temporary construction easement to access the property. Wenck GIS staff will work with the City Attorney to prepare the exhibits required to secure the easement. If necessary, Wenck can provide a staff Registered Land Surveyor (RLS) to perform any required field surveys. A change in scope/fees for this task will be negotiated with the City, should that be necessary. Estimated fees for this task: $2,500 (RLS not included) Task 5 - Environmental Permitting Wenck will work with the appropriate governmental units to secure the necessary permits for the proposed work. We anticipate that the following agencies will require permit submittals for review: oc Minnesota Department of Natural Resources (MnDNR) 0o United States Army Corps of Engineers (USACE) 00 Riley Purgatory Bluff Creek Watershed District (District). oc Wetland Conservation Act Permitting (WCA) Wenck will complete a joint application through the MnDNR's MPARS system and submit to each agency for review. Wenck previously completed a wetland delineation at this site which may be included in the permit application documents as needed. Additional information will be prepared and submitted to the District and WCA as required by site conditions and the permit requirements of each agency. Once each agency has reviewed the permit applications, Wenck will respond to questions and requests for additional information as needed. Estimated fees for this task: $6,200 ' Y WENCK ■ 2 Resppnswe panner.{xcepponal outcpmes. V:\Technical\0094 Eden Prairie\00\11193 Bluestem Lane\Proposal Letter 040416.docx Dave Modrow, P.E. Water Resources Engineer City of Eden Prairie April 5, 2016 Task 6 - Bid Solicitation Wenck will solicit bids from a minimum of three qualified contractors and make a recommendation to the City. As part of this task, Wenck will include any City required insurance and bonding information, as well as a sample contract so the contractors can account for this in their bid preparation. Wenck does not anticipate preparation and distribution of formal bid addenda. However, we will be available to answer questions during the bid solicitation period. Wenck will conduct a pre-bid meeting at the site with contractors so that they can view the site and become familiar with the work required before submitting their bids. Bid submittal will be requested approximately one week following the site visit. Bids will be accepted by Wenck by either fax or e-mail and will be tabulated and included in a formal recommendation to the City. Estimated fees for this task: $3,000 Task 7 - Construction Field Services/Contractor Management Wenck recommends daily construction observation during this stabilization project to ensure that field conditions are consistent with the assumptions in our design, and to monitor the progress of the contractor. Wenck proposes to use a staff engineer familiar with the project constraints and proposed design to be the on-site construction observer. The engineer will work under the direction of Mr. Jason Warne and report to him daily. We anticipate the engineer will be on site for approximately 4 hours/day for 3 weeks during slope stabilization and 1 week during site restoration. We will confirm this schedule once the bids have been received and will advise the City at that point if changes to our anticipated level of effort are necessary. The on-site engineer will obtain site photographs and prepare a brief written daily report documenting the construction activities that occurred and an estimate of the quantities of the various bid items that were placed that day. At the conclusion of the project, Wenck will perform a field survey to delineate the construction area and confirm quantities as appropriate. Wenck will prepare a record drawing that consists of a map based on this field survey and will include this drawing in a brief letter report that summarizes the construction events. The report will be signed by Mr. Matthiesen and include the following: • Brief narrative summarizing the construction activities • Signed certification statement that the project was constructed in general accordance with the approved plans and specifications • Appendices o Photographs o Field reports o Record Drawing Wenck will work with the City to complete the traditional Contractor Management/Contract Administration activities such as submittal review, progress meeting facilitation and documentation, pay request review and recommendation, lien waivers, appropriate IC-134 tax forms as required by the Department of Revenue, and any necessary change order negotiation. Estimated fees for this task: $18,000 'V Y WENCK ■ 3 ResppnS+Ye panner.Excepponal outcomes. V:\Technical\0094 Eden Prairie\00\11193 Bluestem Lane\Proposal Letter 040416.docx Dave Modrow, P.E. Water Resources Engineer City of Eden Prairie April 5, 2016 Project Team Jason Warne, P.E. will manage the project and Ed Matthiesen, P.E. will be the certifying engineer, signing the drawings and technical specifications as a Professional Engineer registered in Minnesota. Dave Parenteau, P.E. will serve as senior advisor for geotechnical aspects of the project and provide senior review. Schedule We are prepared to begin the work immediately. We anticipate completing the initial analysis and results memo approximately three weeks following the notice to proceed. Draft design documents will be prepared and submitted for the City to review approximately four weeks following design approval. Permit applications will be completed concurrent with the draft design documents to minimize the permit approval timeline. We anticipate bids will be solicited and received in June. Construction will most likely occur this summer or when water levels in Purgatory Creek allow. We look forward to working with you and your staff on this project. Should you have any questions on this proposal, please contact us. Sincerely, Jason Warne, P.E. Ed Matthiesen, P.E. Project Engineer Principal Engineer (763) 479-4285 (763) 479-4208 Dave Parenteau, P.E. Principal Engineer (763) 252-6872 c: Leslie Stovring - City of Eden Prairie V�V WENCK ■ Ematrizm 4 Responeve p xner,fxcepppnal outcomes. V:\Technical\0094 Eden Prairie\00\11193 Bluestein Lane\Proposal Letter 040416.docx TABLE 1 Cost Estimate for 11193 Bluestem Lane Slope Restoration City of Eden Prairie,MN Wenck Proposal P-0094-0107 Project Project Senior Subtotal Subtotal Estimated Task Management II Engineer II Engineer IV Staff Engineer I Surveyor l' CAD/GIS II Clerical I Hours Expenses Costs Fee 1. Site Survey and Soil Characterization' 1 12 2 0 6 2 1 24 $800 $3,929 $4,000 2. Analysis of Slope Stability and Mitigation Alternatives 2 36 4 0 0 0 0 42 $0 $5,990 $6,000 3. Plans and Specifications 2 40 4 24 0 12 4 86 $100 $11,010 $11,000 4. Construction Easement Assistance 1 8 1 0 0 8 0 10 $0 $2,525 $2,500 5.Environmental Permitting 1 12 2 32 0 4 2 53 $100 $6,185 $6,200 6. Bid Solicitation 1 8 1 12 0 0 2 24 $200 $2,993 $3,000 7. Construction Field Services/Final Report 2 24 8 96 6 10 4 150 $1,000 $18,028 $18,000 10 140 22 164 12 36 13 389 $2,200 $50,660 S50.700 'Includes Atterberg,Moisture Content, Seive Analysis of two soil samples 'Does not include RLS T 0203 00 C,t Estimate CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda May 24, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC# 15-5922 ITEM NO.: VIII.I. Leslie Stovring Approve Agreement for Phase VI Pond Public Works/Environmental Inventory and Inspection Program with Wenck Associates Requested Action Move to: Approve the Professional Services Agreement for the Phase VI Pond Inventory and Inspection Program with Wenck Associates in the amount of$116,260. Synopsis The proposal from Wenck is to provide an inventory of the stormwater ponding system within the subwatersheds for Riley and Rice Marsh Lakes. The inventory will be used to select projects for completion after 2018. This project is the next step towards completing the city-wide stormwater treatment inventory required by the Minnesota Pollution Control Agency. The cost of pond inventory will be paid out of the stormwater utility. Background Information The City has been working on inventorying our stormwater system since 2003. The current inspection program includes visual inspection of stormwater treatment areas (including lakes, ponds, wetlands, ditches, raingardens, drainage swales and creek segments) to identify problems that require repair. The scope of work that will be used to complete the inventory was approved by the MPCA on April 18, 2011. The City has identified approximately 90 water bodies that will require analysis within this study area. Services Wenck will provide includes: • Survey current pond depth and bathymetric contours for each selected water body. • Compare existing conditions with as-built information. • Calculate the removal efficiency(%) for phosphorus and sediment for each pond. • Determine which ponds need sediment removal. • Develop models (P8 and BATHTUB) to evaluate the watershed and the stormwater runoff entering the study area. • Determine whether opportunities exist to upgrade functionality of the ponds in areas where additional treatment may benefit the creek. The estimated cost is $116,620 based on analysis of 90 water bodies and the 2 lakes within the study area. Costs will be paid from the storm water utility fund. Attachments Agreement Proposal Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 21 st 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 Wenck Associates, Inc., a Minnesota engineering company (hereinafter "Consultant") whose business address is 1800 Pioneer Creek Center, Maple Plain, MN 55359. 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 General Engineering 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 (Proposal for Phase VI of the Basin Inventory and Maintenance Assessment dated April 21, 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 21, 2016 through December 31, 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 $116,260 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. 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 Standard Agreement for Professional Services 2014.04 Page 2 of 8 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 Joe Bischoff 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 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 Standard Agreement for Professional Services 2014.04 Page 3 of 8 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. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to Standard Agreement for Professional Services 2014.04 Page 5 of 8 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 omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Standard Agreement for Professional Services 2014.04 Page 6 of 8 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: Wenck Associates, Inc. By: Joe Bischoff Its: ® g�� Standard Agreement for Professional Services 2014.04 Page 8 of 8 voy WENCK ASSOCIATES Responsive partner. Exceptional outcomes. April 21, 2016 Ms. Leslie A. Stovring Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: Proposal for Phase VI of the Basin Inventory and Maintenance Assessment Dear Ms. Stovring: Thank you for the opportunity to submit this proposal to assist the City of Eden Prairie with the Phase VI Basin Inventory and Maintenance Assessment. Our team is excited about helping the City of Eden Prairie with Phase VI of the Basin Inventory and Maintenance Assessment project. We have assembled a team of engineers and scientists with considerable experience in providing the GIS, inspection, modeling, and reporting services for the City. Our team has considerable experience in providing the GIS, inspection, modeling, and reporting services necessary to build upon the success of the Phase I through Phase V projects for the City. Our team is enthusiastic about continuing to serve the City, and we trust you will find Wenck to be well-qualified and responsive to your needs. Our employee-owners pride themselves on providing unmatched service, sound strategic advice, and technical excellence that fosters good decision-making and helps realize on-the-ground improvements. Thanks for the opportunity to work with you again. Appendix A includes our proposed scope of services and Appendix B summarizes our proposed schedule and provides a breakdown of estimated costs. Sincerely, WENCK ASSOCIATES Joe Bischoff Project Manager/Principal (763)-252-6829 jbischoff@wenck.com Wenck Associates, Inc. I 1800 Pioneer Creek Center I P.O. Box 249 I Maple Plain, MN 55359-0249 Toll Free 800-472-2232 Main 763-479-4200 Email wenckmp@wenck.com Web wenck.com Leslie A. Stovring Environmental Coordinator City of Eden Prairie April 21, 2016 Project Understanding Wenck Associates, Inc. is a full-service environmental and civil engineering firm with experience in planning, design, construction, and maintenance of water resource and storm drainage facilities. We have worked with municipal, county, watershed, and private clients to inventory and evaluate their infrastructure and maintenance plans to assist with compliance of federal, state, and local regulations as well as to meet engineering and good housekeeping standards. We understand and are experienced with the Minnesota Pollution Control Agency's NPDES stormwater general permit and industrial stormwater standards. Wenck has a strong project understanding of the Basin Inventory and Maintenance Assessment project. Wenck has worked with the City of Eden Prairie on five previous phases of the Basin Inventory and Maintenance Assessment. The five phases include Staring Lake (Phase I), Red Rock Lake and Duck Lake (Phase II), Eden Lake and Neill Lake (Phase III), Lower Riley Creek (Phase IV), and Mitchell Lake subwatersheds (Phase V). Wenck has also helped develop the City's Nondegradation Assessment and Local Water Management Planning documents. Wenck brings to the City skills and experience that expand on those previous projects. The proposed sixth phase of the study will apply approaches similar to those applied in the previous Phases. As applicable, Wenck will take the Nondegradation Assessment and Local Water Management planning documents a step further to evaluate whether current conditions satisfy goals outlined in the plans. It is our understanding that Phase IV will include inspection, assessment and reporting of the contributing watersheds to Rice Marsh Lake in 2016, and will include inspection, assessment and reporting of the contributing watersheds to Lake Riley in 2017. The following proposal and scope of services is based on the two year schedule for completion of the Phase Six Basin Inventory and Maintenance Assessment. ' Y WENCK ■ Responswe panner.Excepponal outcomes. V:\Technical\0094 Eden Prairie\00\Phase 6 ponds\Proposal-Phase 6 Basin Inventory Option 2.docx APPENDIX A Scope of Services APPENDIX A Scope of Services The Scope of Services for the Phase VI Basin Inventory and Maintenance Assessment described below will be completed by the Wenck project team. The Wenck team proposes to provide the City of Eden Prairie with the sixth phase of engineering consultant services expanding the previous basin inventory and maintenance assessments. As shown in the attached Figure 1, the Phase VI study will include subwatersheds tributary to Rice Marsh Lake and Lake Riley. Wenck's approach will build upon previous Phases I through V, and continue use of an all-electronic method of evaluating, collecting, and processing the pond inventory and maintenance needs. Task 1 - Stormwater System Analysis This task consists of identifying the basins the City is responsible for maintaining, selecting basins for further field evaluation, and delineating the subwatersheds to each basin. (Throughout this proposal, we will refer to constructed stormwater ponds and stormwater wetlands collectively as "basins.") Basin identification will be coordinated with City staff to determine which basins are located on City property, within City right-of-way, or under a drainage and utility easement. We expect to locate basins on City property and within City right-of-way using GIS-based parcel information from the City. We will continue collaborating with City staff in determining which basins may be under drainage and utility easements. The subwatersheds for each basin will be delineated using LiDAR contours and storm sewer information. 2016 Rice Marsh Lake Subwatershed - Stormwater System Analysis There appear to be 15 basins located in the Rice Marsh Lake subwatershed as shown on Figure 1. The number of basins will be verified during field evaluation and the subwatershed delineation. The basins within the Rice Marsh Lake subwatershed include: • 14 Basins (constructed ponds, stormwater wetlands, wetlands, and mitigated wetlands) • 1 Big Basins (Permanent Pool Area greater than 2.5 acres) 2016 Task 1 Deliverable: • Spreadsheet or database listing the water bodies identified for inclusion in the project for Rice Marsh Lake. 2017 Lake Riley Subwatershed - Stormwater System Analysis There appear to be 75 basins located in the Lake Riley subwatershed as shown on Figure 1. The number of basins will be verified during field evaluation and the subwatershed delineation. The basins within the Rice Marsh Lake subwatershed include: • 65 Basins (constructed ponds, stormwater wetlands, wetlands, and mitigated wetlands) • 6 Creek Segments • 4 Big Basins (Permanent Pool Area greater than 2.5 acres) 2017 Task 1 Deliverable: • Spreadsheet or database listing the water bodies identified for inclusion in the project for Lake Riley. ■ v WENCK ■ Resppnswe panner.Excepponal outcpmes. V:\Technical\0094 Eden Prairie\00\Phase 6 ponds\Proposal-Phase 6 Basin Inventory Option 2.docx APPENDIX A Scope of Services Task 2 - Sedimentation Survey For Task 2, Wenck will visually inspect and perform a bathymetric survey for each basin identified in Task 1. The inspection and survey for basins in the Rice Marsh Lake subwatershed will be conducted in 2016. The inspection and survey for basins in the Lake Riley subwatershed will be conducted in 2017. The inspection and survey information will be used to determine if maintenance is required and assess the basin pollutant removal performance (Task 3). Wenck will review or collect the following for each basin visual inspection: • Review storm sewer, grading, and utility plans available for each basin prior to field evaluation. If possible, these plans will be taken into the field with the inspector to allow for easy comparison between the proposed and constructed facilities. • Photograph basin features. • Identify and report plain-sight maintenance needs (i.e., erosion, accumulation of debris on trash racks, repairs to damaged structures) using the "Stormwater System Follow-Up Checklist". • Estimate the percentage of the pond's permanent pool surface regularly covered by aquatic vegetation. Wenck will conduct the sedimentation survey using GPS survey equipment. The elevations for inlets and outlets, water surface elevation, and ground shots above the water surface elevation surrounding the pond will be surveyed using sub-centimeter grade GPS survey equipment. The permanent pool of the basin will be surveyed by measuring the depth of water at each measuring location and then the elevation will be determined by subtracting the depth from the water surface elevation. The sediment accumulation will be measured at each location by advancing a rod into the sediment until the depth of refusal (the original basin bottom). Each location of measurement will be surveyed with sub-meter grade GPS survey equipment. The survey of the one big basin identified with a permanent pool area greater than 2.5 acres includes a ground shot survey around the basin and a proposed bathymetric survey method over the open water area with sonar technology. The sonar method for measuring depth is most reliable and works best on large basins with depths typically at 3 feet or more. The application of sonar on the big basins will save time on the bathymetric survey of the big basins. The sedimentation survey will still need to be collected utilizing a rod advanced into the basin bottom until refusal at up to 25 locations throughout the basin. The average measured depth of sediment will be multiplied by the permanent pool area to obtain the estimate for sediment accumulation. This method may be applicable to additional basins during the field evaluation. The big basins will also be visually inspected. 2016 Task 2 Deliverable: • Expand the Rice Marsh Lake spreadsheet or database from Task 1 to include the measured parameters from Task 2. 2017 Task 2 Deliverable: • Expand the Lake Riley spreadsheet or database from Task 1 to include the measured parameters from Task 2. ' Y WENCK ■ Resppnswe panner.Excepponal outcpmes- V:\Technical\0094 Eden Prairie\00\Phase 6 ponds\Proposal-Phase 6 Basin Inventory Option 2.docx APPENDIX A Scope of Services Task 3 - Basin Analysis Task 3 analyzes the data collected from Task 2 to determine the sedimentation level, pollutant removal effectiveness of the basin, and, ultimately, which basins need sediment removal. The basin analysis for Rice Marsh Lake will be conducted in 2016, and the basin analysis for Lake Riley will be conducted in 2017. Wenck will use ArcMap software to import the GPS survey data from the field evaluation to determine the degree of sediment deposition in each basin. The ArcMap software will allow Wenck to calculate the volume of the basin below any elevation. Therefore, we can quickly calculate the basin surface area, permanent pool volume, and live storage volume. From this information, we will then estimate the degree of sedimentation by comparing the volume to the design or as-built plans for each basin. Where design or as-built plans are not available, we will determine the degree of sedimentation using the probing rod results. Using the spreadsheet from Task 2, Wenck will calculate the water quality volume draining to the basin and the permanent pool volume within the basin. Flood elevations will be obtained from design plans, or estimated using the top elevation of the basin. Wenck will determine the load-based removal efficiency of each basin using a numerical relationship developed from the computer model P8. The P8 model will provide an estimate of the total suspended solids (TSS) and total phosphorus (TP) removal efficiencies for each basin. These removal efficiencies will then be compared to a basin designed to NURP standards. Wenck will prioritize basin maintenance and expansion projects based on the degree of sedimentation found in each pond, its hydrologic proximity to public waters, and the potential water quality benefits of increasing permanent pool volumes. The plain-sight maintenance needs identified during the field evaluation will be included in a separate prioritization that the City may wish to evaluate on a case-by-case basis and incorporate them into ongoing maintenance programs. 2016 Task 3 Deliverable: • Expand the Rice Marsh Lake spreadsheet or database from Task 2 to include the calculated parameters from Task 3. 2017 Task 3 Deliverable: • Expand the Lake Riley spreadsheet or database from Task 2 to include the calculated parameters from Task 3. Task 4 - NURP Criteria Analysis The purpose of Task 4 is to quantify the water quality improvement of dredging or expansion of the priority basins with the goal of satisfying NURP standards. The rankings developed in Task 3 will indicate which basins require dredging or could be expanded. We do not anticipate that all basins included in the field inventory will be selected for analysis in Task 4 because of physical (site restraints) or ownership limitations. The NURP Criteria Analysis for Rice Marsh Lake will be conducted in 2016, and the NURP Criteria Analysis for Lake Riley will be conducted in 2017. 'V Y WENCK ■ Resppnswe panner.Excepponal outcpmes- V:\Technical\0094 Eden Prairie\00\Phase 6 ponds\Proposal-Phase 6 Basin Inventory Option 2.docx APPENDIX A Scope of Services NURP standards require that stormwater ponds have a permanent pool volume that is at least equal to the runoff from a 2.5-inch, 24-hour storm event. For the priority basins, Wenck will estimate the amount of dredging or expansion that is practical and re-evaluate the load-based removal efficiency. 2016 Task 4 Deliverable: • Expand the Rice Marsh Lake spreadsheet or database from Task 3 to include the revised load-based removal efficiency from Task 4. 2017 Task 4 Deliverable: • Expand the Lake Riley spreadsheet or database from Task 3 to include the revised load-based removal efficiency from Task 4. Task 5 - Data Analysis, P8 Modeling, and Model Results Evaluation The purpose of Task 5 is to provide the City with an expanded assessment of City basin performance in the Rice Marsh Lake and Lake Riley subwatersheds. Wenck proposes the following additional tasks to provide the City with Creating a Phase VI P8 model for Rice Marsh Lake and Lake Riley for the limits within the city. The data analysis, P8 modeling, and model results evaluation for Rice Marsh Lake will be conducted in 2016. The data analysis, P8 modeling, and model results evaluation for Lake Riley will be conducted in 2017. P8 is an industry-standard model developed to assess pollutant loading in urban watersheds. We will complete the following tasks to accomplish the scope of work: Data Analysis This taks entails the collection and processing of data through GIS for developing watershed inputs for the P8 Model. Input data includes subwatershed area, the watershed impervious fraction, and the pervious area curve number. P8 Modeling Wenck will develop a P8 model for Phase VI that will include the basins identified for field evaluation in the Pond Inventory Project. Watershed information will be determined from the data analysis stormwater system analysis, and basin data will be taken directly from the basin survey. The model will be validated using water quality monitoring data where available. Evaluate P8 Model Results P8 will be used to calculate watershed runoff loads for TSS and TP. The basin survey will allow us to estimate the amount of TSS and TP removed by each basin and treatment chain. Draft Technical Memorandum to Summarize Results. Wenck will draft a technical memorandum to document the modeling methods, inputs, and assumptions. Task 6 - Report Requirements Upon completion of the 2016 analysis of Rice Marsh Lake, Wenck will complete a final report to summarize the methods and results of the Rice Marsh Lake study. Upon completion of the 2017 analysis of Lake Riley, Wenck will complete a final report to summarize the methods and ■ v WENCK ■ Resppnswe panner.Excepponal outcpmes. V:\Technical\0094 Eden Prairie\00\Phase 6 ponds\Proposal-Phase 6 Basin Inventory Option 2.docx APPENDIX A Scope of Services results of the Lake Riley study. Each report will detail the methods of the field evaluation and analysis from Tasks 2-5, and highlight critical maintenance activities including individual basin sediment volumes. Plain-sight maintenance activities will be summarized using tables and figures rather than a detailed explanation for each individual basin visited during the field evaluation. The report will present cost considerations for the recommended maintenance activities. Among these, dredging and disposal of sediment is likely the most costly. The cost estimates include construction costs (including mobilization, site preparation, sediment excavation and disposal, minor storm sewer or structural work, and erosion control), Laboratory analysis and results analysis, Level 2 sediment disposal costs according to the MPCA guidance, Engineering costs, and 20% contingency. Wenck will submit a draft report to City staff for review and approval prior to finalizing the report. We expect one meeting with City staff and one meeting with the Conservation Commission to present the results and recommendations of the study. 2016 Task 6 Deliverables: • Final Rice Marsh Lake spreadsheet or database including evaluated information for each basin. ■ All Rice Marsh Lake GIS files. ■ Rice Marsh Lake project report to include all office, field and modeling analyses conducted by the project team. 2017 Task 6 Deliverables: • Final Lake Riley spreadsheet or database including evaluated information for each basin. ■ All Lake Riley GIS files. ■ Lake Riley project report to include all office, field and modeling analyses conducted by the project team. Task 7 - Meetings, Project Management & Project Summaries Task 7 includes attendance at up to 5 meetings, mileage, and project coordination time. The task also includes drafting of a project summary to be attached to each invoice. The project summary will detail the amount billed to date, tasks which need to be completed, the estimated cost to complete these tasks, and the projected timeline for completion of the project. 2016 Task 7 Deliverables: • Attendance at up to 5 meetings in regards to the Rice Marsh Lake subwatershed area. ■ A project summary report with each monthly invoice in regards to the Rice Marsh Lake subwatershed area. 2017 Task 7 Deliverables: • Attendance at up to 5 meetings in regards to the Lake Riley subwatershed area. ■ A project summary report with each monthly invoice in regards to the Lake Riley subwatershed area. ■ v WENCK ■ Resppnswe panner.Excepponal outcpmes- V:\Technical\0094 Eden Prairie\00\Phase 6 ponds\Proposal-Phase 6 Basin Inventory Option 2.docx APPENDIX B Schedule and Cost Estimate APPENDIX B Schedule and Cost Estimate There are six primary tasks to complete for both the Rice Marsh Lake subwatershed area and the Lake Riley subwatershed area of the Phase VI Basin Inventory project. We are ready to begin as soon as the City issues the notice to proceed. Our proposed schedule (Tables 1 and 2) are flexible and can be adjusted to meet the specific needs of the City. Table 1. Tasks and Schedule to complete the Rice Marsh Lake Subwatershed Area of Phase VI of Eden Prairie's Basin Inventory and Maintenance Evaluation, and P8 and BATHTUB models. Task as escrip ion Task Completion Timeline (Rice Marsh Lake) Notice to Proceed May 2016 Stormwater System Analysis June 2016 (1 Month) 12 Sedimentation Survey November 2016 (6 Months) 3 Basin Analysis January 2017 (2 Months) 4 NURP Criteria Analysis January 2017 (1 Month) 5 P8 and Bathtub Analysis February 2017 (1 Month) 6 Report April 2017 (2 Months) Table 2. Tasks and Schedule to complete the Lake Riley Subwatershed Area of Phase VI of Eden Prairie's Basin Inventory and Maintenance Evaluation, and P8 and BATHTUB models. Task ask e ei• (LakeII Riley) il Rileyy) Task Completion Timeline Notice to Proceed January 2017 Stormwater System Analysis April 2017 (1 Month) Sedimentation Survey November 2017 (6 Months) Basin Analysis January 2018 (2 Month) 4 NURP Criteria Analysis January 2018 (1 Month) 5 P8 and Bathtub Analysis February 2018 (1 Month) 6 Report April 2018 (2 Month) The proposed budget has been estimated on a time and materials basis and includes expenses (mileage, printing, etc.). The tasks and cost per task are identified in Tables 3 and 4. V v WENCK TAT iran=s Responswe parxner,Exceptional outcomes. V:\Technical\0094 Eden Prairie\00\Phase 6 ponds\Proposal-Phase 6 Basin Inventory Option 2.docx APPENDIX B Schedule and Cost Estimate Table 3. Cost Estimate to complete The Rice Marsh Lake Subwatershed Area of Phase VI of Eden Prairie's Basin Inventory and Maintenance Evaluation, and P8 and BATHTUB models. Task Tas Description ma Not-to-Exceed (Rice Marsh Lake Amount Stormwater System Analysis $1,950.00 2 Sedimentation Survey $7,160.00 3 Basin Analysis $2,250.00 4 NURP Criteria Analysis $1,000.00 5 Data Analysis, P8 Modeling, and Model Results Evaluation $6,950.00 6. Report Requirements $10,760.00 7 Meetings, Project Management & Project Summaries $2,890.00 Total $32,960.00 Table 4. Cost Estimate to complete The Lake Riley Subwatershed Area of Phase VI of Eden Prairie's Basin Inventory and Maintenance Evaluation, and 138 and BATHTUB models. alTask Description Not-to-Exceed (Lake Riley) Amount Stormwater System Analysis $5,100.00 2 Sedimentation Survey $36,875.00 3 Basin Analysis $11,590.00 4 NURP Criteria Analysis $5,150.00 5 Data Analysis, P8 Modeling, and Model Results Evaluation $10,525.00 6 Report Requirements $11,080.00 7 Meetings, Project Management & Project Summaries $2,980.00 Total $83,300.00 The cost to complete the Rice Marsh Lake subwatershed area in 2016 is presented in Table 3 and the cost to complete the Lake Riley subwatershed area in 2017 is presented in Table 4. In discussion with City staff, the total number of basins to be considered for the inventory during Phase VI is 90 (15 in Rice Marsh Lake subwatershed area, and 75 in the Lake Riley subwatershed area). The cost of the Rice Marsh Lake subwatershed area, assuming 15 basins, is $32,960. The cost of the Lake Riley subwatershed area, assuming 75 basins, is $83,300. The total cost of Phase VI Basin Inventory and Maintenance Assessment is $116,260 (Rice Marsh Lake and Lake Riley). V�V WENCK ■ Earrms Responeve partner,#xcelwonai auuoines. V:\Technical\0094 Eden Prairie\00\Phase 6 ponds\Proposal-Phase 6 Basin Inventory Option 2.docx r..y Legend — - "IIIMEril�i Rice Marsh Lake Subwatershed (2016) ,11- iP.'• _ riiiity . . p t` !IP : L L.- Lake Riley Subwatershed (2017) Ak Area Completed in Previous Phases • 4.6 � ; a"- I 1 Basin i �" j �=. Big Basin - Open Water > 2.5 acres :, C Creek Segment (Basin) +lir ` If. ' %W. Current Watersheds c Ni . f •K a . II Municipal Boundary . - . - ° f •, F ` ► \7 ' , - ;fir. r - i. 0 — - ,...„„,,a.....- ....0010,41°'-.....,40: suomaimmarilil.'4%-glIaLgmlirillifillblilk\\ i - : . Okiltlik .. 714.d :1,. �r 1 P r._ l�tit.J o i„,, ,k,.. 4•., ", I!F,t..,.‘-:--.t,—... rr• k '"- `+ •,,.L..... ,• if .. -4.+ .S' ----,_ 1" ' t E rf* -. . ' —_r r / . wy t y , 0.4..1 r •:'. . ti C e. —4.#t1 -t y 'f a + 1 r • f ,. t ] :r f • tilt P. V 44 t . 1 ° eR • -111174. , 1 Y 11 ' .....41, 4106'. , ,-.' I -' \hr..' . a - te i=_ t • r i j....\:\41' ' 1 Air /.. . .._..,— .1. ,rr, 2012 Aerial Photograph (Source: ESRI) 1 • f_ , y, . t N j- it900 450 0 900 A m: Feet 1 'e�,ur,e�e,e 1 6,Digi,aIG o o-, -o2-o i-cubed, Earthstar Geographie Cs, ENAirbus DS,USDA, he v:cis 0094 oo Phase s beset Inventory m.d F. e 1 Phase V Option z.mxd \ �" },. VAW,Getmappin.g,.Aerogrid,IRIGI IGR Swiss'tope,and the'GI,g IU Co •munity 7- - EDEN PRAIRIE Yr WENCK APR 2016 . ASSOCIATES Basin Inventory - Phase VI Responsive partner.Exceptional outcomes. Figure 1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 24, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.J. Matt Bourne, Parks and Community Garden Plot Lease Agreement with Natural Resources Manager Metropolitan Airport Commission Requested Action Move to: Approve one-year Community Garden Plots Lease Agreement with the Metropolitan Airport Commission(MAC). Synopsis This lease agreement is for the use of the 3.17 acre land parcel of MAC Property adjacent to the Super America gas station(on the corner of Pioneer Trail and Old Pioneer Trail) for Community Gardens. These garden plots have been rented annually by residents through the Parks and Recreation Department to grow vegetables and flowers. The previous garden plot lease agreement between the City and MAC expired on December 31, 2015. The MAC has prepared a new one year lease agreement at the rental rate of$459.36, which allows the City the right to utilize this property again for the 2016 gardening season. Background The city has leased this parcel of land from the MAC for our Community Garden Program for many years. However, with the recent airport re-zoning this land parcel is now being marketed as a potential commercial development site. The city staff requested that MAC staff consider a new one year lease to permit garden plot usage in 2016. MAC staff indicated that they are still actively marketing the property for development however the City would be able to lease of the property for garden plots for this year with no guarantee for the 2017 season. Attachment Lease Agreement COMMUNITY GARDEN PLOTS LEASE AGREEMENT THIS COMMUNITY GARDEN PLOTS LEASE AGREEMENT ("Lease") was made effective January 1, 2016 between the Metropolitan Airports Commission ("Commission"), a public corporation of the State of Minnesota, as Lessor, and the City of Eden Prairie ("City"), as Lessee. WITNESSETH: WHEREAS, the Commission has determined that it currently has no specific airport use suitable for the property described in this Lease and is authorized to lease or license the property for compatible uses; and WHEREAS, the City desires to lease the property to operate community garden plots on the property; and WHEREAS, the City and Commission entered into a Memorandum or Understanding ("MOU"), dated December 17, 2002, that addresses certain terms regarding the property; and WHEREAS, the City desires to define certain parcels of the property as described in the Lease below, the MOU, and as shown on attached Exhibit A; and WHEREAS, the Commission has determined that the authorized uses under this Lease would not interfere with airport operations; and WHEREAS, Commission is willing to lease the property to the City upon the terms and conditions of this Lease, which has been approved by the Commission on April 18, 2016. NOW THEREFORE, in consideration of the mutual covenants hereinafter stated, the parties hereto agree as follows: 1. PROPERTY. The Commission grants to City a lease to occupy and use, subject to the terms and conditions stated herein, a portion of the lands constituting Flying Cloud Airport ("Airport") in Hennepin County, Minnesota, totaling 3.17 acres, as shown on attached sketch ("Premises"): And as designated in red on the plat attached hereto as Exhibit A and made a part hereof. And the legal description of the premises area is attached hereto as Exhibit B and made a part hereof. 2. USE. The Premises may be occupied and used by the City for recreational purposes as follows: Solely for the operation of community garden plots. Use of the Premises hereunder and improvements made in furtherance of such use shall at all times comply with clearance requirements under FAA regulations and state zoning requirements. 3. TERM. The term of this Lease shall be one (1) year, commencing January 1, 2016. The Premises are subject to recapture by the Commission upon six (6) months written notice to City, with no monetary compensation to the City. The City may terminate this Lease upon six (6) months written notice to the Commission with no monetary compensation to the Commission. In the event of termination or recapture, the City shall have 90 days within which to remove its property, equipment and fixtures located or placed thereon and to restore the Premises to a condition acceptable to the Commission. Upon termination of this Lease or any subsequent renewal lease, Commission has no obligation to provide the Premises or any other Commission or Airport property to City. 4. ASSIGNMENT OF LEASE: The City shall not assign or transfer this Lease, nor permit this Lease to become transferred by operation of law or otherwise, nor do or suffer any acts to be done whereby the same may be or become assigned in whole or in part. The City shall not sublease the whole or any part of the Premises. 5. CONSTRUCTION AND MAINTENANCE. All plans for the grading and construction of and relating to replacement of or alterations to the Premises, facilities or improvements shall require Commission staff review and approval, and in addition, all expansion, construction, repair, replacement and alteration plans must meet the requirements of the Federal and State regulatory agencies for clearance and protection of approaches in respect to the airport. Final design by City for the Premises shall be subject to review and approval by Commission for conformance with FAA and state rules and regulations and compatibility with airport operational requirements. All work shall be carried on at such time or times and under such control as the Commission's Airport Manager may impose to coordinate the same with the necessary continuous operation of the airport. The City shall fence the Premises, 2 according to Commission requirements, to prevent unauthorized access to the airport operational areas. In addition, the City agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event any future structure or building is planned for the Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises. All work shall be completed at City's cost, and City shall notify Commission prior to continuing any work if any foreseen or unforeseen environmental conditions exist or manifest; keep the Premises, this Lease and every improvement on the Premises free and clear from all liens for labor performed and materials furnished; and defend, at City's cost, each and every lien asserted or filed against the land, any part thereof, or against this Lease or any improvement on the Premises and pay each and every judgment resulting form such lien. In addition to the monetary rent paid to the Commission, the City shall, at all times and at no cost or expense to Commission, maintain the Premises and all improvements thereon in a neat and clean condition and in good repair and shall keep the Premises free from debris, weeds and erosion. The City shall not suffer or permit any waste or nuisance on the Premises and shall permit no illegal acts or conduct thereon or such as will constitute a nuisance. 6. RENT. As rent for the Premises the City shall pay annually an amount of $459.36 per year. The rental rate must be consistent with any change made in the future to federal revenue diversion policy. Thus, the rental amount may be changed during the term of the Lease in order to maintain compliance with federal revenue diversion policy upon sixty (60) days written notice from the Commission to the City. City shall pay for all water, sanitary sewer, gas, electricity, telephone, refuse collection, and storm sewer charges, environmental charges and fees, or other similar charges used on or attributable to the Premises, together with any taxes, penalties, interest or surcharges associated with such utilities and charges. City shall pay all applicable taxes (including, but not limited to, property taxes), assessments, license fees, regulatory fees and other charges, if any, imposed by any other governmental authority during the Term of this Lease upon or related to the Premises, buildings, improvements or other property located thereon, or upon City's use or occupancy, for whatever term deemed applicable to City by that governmental authority. City shall pay these amounts without deduction or set-off against Rent to be paid under this Lease. 3 7. INSURANCE. The City agrees to indemnify and save harmless the Commission from any and all claims or causes of action arising or claimed to arise by reason of injury or death to person or damage to property and arising out of or incidental to the Commission's grant to the City of this Lease or out of act or omission of person or persons incident to use and occupancy of the premises. The City shall either (i) maintain insurance, a standard term policy or policies of insurance in amounts as hereinafter set out against public liability, blanket contractual liability and property damage including personal and advertising and products liability, or (ii) provide self-insurance of equivalent protection. Such policy of policies shall be in the amount of statutory limits provided by Minn. Stat. 466.04, or as such statute may be amended or modified from time to time, which currently requires one million five hundred thousand dollars ($1,500,000) per accident or occurrence or five hundred thousand dollars ($500,000) per person. The general liability insurance shall name the City as insured and shall also name the Commission as additional insured by endorsement to the policy or policies. The City also shall maintain statutory workers' compensation insurance or self-insurance for all employees performing work under this agreement. Nothing in this Lease constitutes a waiver by the City of any statutory or common law, defenses, immunities, or limits on liability. The obligation of the City of Eden Prairie under this section cannot exceed the greater of (i) amount that the City would be obligated to pay under the provisions and limitations of Minn. Stat. Chap 466 or (ii) the amount of insurance carried by City applicable to a claim referred to in the first sentence of this Section 7. 8. HOLD HARMLESS. To the extent permitted by law, the City agrees to hold and save harmless the Commission from any and all claims, liens or liability which may arise from City's construction, maintenance, repair or replacement aforesaid or from claims of labor or materials involved in or rising out of the same. The City shall indemnify, defend and hold harmless Commission from and against any and all losses, liability, fines, lawsuits, charges, damages, penalties, or claims of liability for loss, damage or injury to persons or property on or about the lands under Lease from whatever cause, and Commission shall not be liable to the City to any extent, nor will the City make any claim against Commission for or on account of damage to the lands under Lease or loss damage to or destruction of improvements, facilities and structures thereon. Nothing in this Lease Agreement constitutes a waiver by the City of any statutory or common law, defenses, immunities, or limits on liability. The obligation of the City of Eden Prairie_under this section cannot exceed the greater of (i) amount that the City would be obligated to pay under the provisions and limitations of 4 Minn. Stat. Chap. 466 or (ii) the amount of insurance carried by City applicable to a claim referred to in the first sentence of this Section 8. 9. FAA AND MNDOT. Execution and continuation of this Lease is conditioned upon approval and agreement of the FAA and MN/DOT, Division of Aeronautics that the development and use of such lands for recreational purposes would not conflict with aircraft operations to and from the airport and would comply with the clearance and approach requirements presently applicable at said airport. 10. COMPLIANCE WITH LAWS. The City shall comply with all laws, ordinances, rules and regulations of the United States of America, the State of Minnesota, or of agencies, departments or divisions of either (including but not limited to the Riley-Purgatory and/or the Lower Minnesota Watershed Districts), or of the Commission relating to the Premises and the use thereof or relating to control of ground and air traffic, aircraft operations and the general use and operation of the airport; and the City shall see to the payment of any all taxes, assessments, license fees or other charges that may be legally levied, assessed or made during the term of this Lease or any extension thereof by reason of the uses hereby permitted of the Premises. City shall provide evidence of compliance with such laws to the Commission upon request of the Commission. 11. HEIGHT. The City expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth, and other objects on the Premises to a height that will not constitute an obstruction as determined by the standards in Federal Aviation Regulation, Part 77. In the event the aforesaid covenants are breached, the Commission reserves the right to enter upon the Premises and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of the City. Further, the City agrees that no lights will be permitted (including automobile headlights) or installed on the Premises which will have a detrimental effect on control tower operations or otherwise affect night operations. 12. FLIGHT OF AIRCRAFT. The City expressly agrees for itself, its successors and assigns to prevent any use of the Premises which might interfere with the landing and taking off of aircraft from the Airport or to the flight of aircraft over the Premises or otherwise constitute a hazard, or interfere with air navigation and communication facilities presently or in the future serving the Airport. In the event the aforesaid covenant is breached, the Commission reserves the right to enter upon the Premises and cause the abatement of such interference at the expense of the City. 13. WITHOUT PREJUDICE. It is understood that grant of this Lease and use of the Premises is conditioned upon and shall be without prejudice to the rights of the 5 Commission as owner and operator of the aforesaid public airport of which the subject Premises constitute a part. 14. NONDISCRIMINATION. The City for itself, its heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that in the event facilities are constructed, maintained, or otherwise operated on the Premises for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the City shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. The City for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or nation origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (3) that the City shall use the Premises in compliance with all other requirements imposed by or pursuant to 49 CFR 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation,and as said Regulations may be amended. 15. COMMISSION RESERVATIONS. Commission reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or view of the City, and without interference or hindrance. Commission reserves the right, but shall not be obligated to the City, to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of the City in this regard. 16. COMMISSION RIGHT OF ENTRY. Commission shall at all times and through its agents and employees or contractors have a right of entry upon the Premises, as may be necessary in the development, maintenance and operation of the airport, including for the purpose of wildlife management. Further, the Commission reserves the right to install and maintain on the Premises such utility lines, conduits, pipes and facilities as may be necessary to the development, maintenance and operation of said airport, provided Commission shall at its cost 6 and expense, repair any damages and restore any portion of the Premises damaged by reason of such installation and maintenance. However, if the City causes the need for such repair, construction, installation, or maintenance, the Commission will not pay to repair or restore any part of the Premises. 17. REQUIRED NOTICE. Incident to use and occupancy of the Premises hereunder, the City will advise those making use of or coming on the Premises and the parents of those children making use of the Premises that Commission has no responsibility in respect to maintenance, care, policing, control and supervision of the premises so long as this Lease is in effect. The City will post signage visible to property users that the Premises are owned by the Metropolitan Airports Commission. 18. ENVIRONMENTAL OPERATING CONDITIONS. Any materials/waste (hazardous or otherwise) "left over" from City's use and occupancy of the Premises are the property of the City and must be removed by the City. Waste disposal must follow all county, state and federal regulations. MAC is not the owner, generator or the party responsible for removal/disposal of this waste/material. City shall also notify MAC of any spills or dumping, regardless of the amount, occurring on Airport property to which the City has knowledge. If MAC incurs costs related to a spill or other environmental expense related to City's operations at the Airport, unless due to the negligence of MAC, MAC will bill City for all MAC's costs, plus a fifteen percent (15%) administrative fee. City shall pay MAC within thirty (30) days of invoice. 19. NOTICE All notices or communications between Commission and City shall be deemed sufficiently given or rendered if in writing and delivered to either party (i) personally, (ii) by registered or certified mail return receipt requested, or (iii) by nationally recognized overnight courier service. Except as otherwise specified herein, all notices and other communications shall be deemed to have been duly given (a) the date of receipt or rejection if given personally, (b) three (3) business days after the date of posting if given by certified or registered mail, or (c) the first (1st) business day after the date of posting if delivered by a nationally recognized courier delivery service. Notices hereunder may be given by the respective attorneys for any of the parties. Addresses for all notices are as follows: 7 Commission: Metropolitan Airports Commission Attn: Roy Fuhrmann 6040 28th Avenue South Minneapolis, MN 55450 City: City of Eden Prairie Attn: Director of Parks and Recreation Services 8080 Mitchell Road Eden Prairie, MN 55344 Either party may change the party's address for notice by providing written notice to the other party. 19. WAIVER The waiver by Commission or City of any breach of any term of this Lease shall not be deemed a waiver of any prior or subsequent breach of the same term or any other term of this Lease. 22. COMMITMENTS TO FEDERAL AND STATE AGENCIES Nothing in this Lease shall be construed to prevent Commission from making such commitments as it desires to the Federal Government or the State of Minnesota in order to qualify for the expenditure of Federal or State funds on the Airport. This Lease shall be subordinate to the provisions of and requirements of any existing or future agreement between Commission and the United States, relative to the development, operation, or maintenance of the Airport. 23. RIGHT OF FLIGHT/ NOISE There is hereby reserved to the Commission, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises, together with the right to cause in, said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from, or operation on the Airport. 24. ENTIRE AGREEMENT. This Lease represents the entire agreement between the parties and supersedes any prior agreements regarding the Premises or any part thereof. 8 IN WITNESS WHEREOF, the parties hereto have signed this Lease Agreement the day and year written below. METROPOLITAN AIRPORTS COMMISSION By Vice President — Management & Operations Date CITY OF EDEN PRAIRIE By Mayor Date By City Manager Date 9 LESSOR NOTARY STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN) This instrument was acknowledged before me on the day of , 2016, by as the authorized representative of the Metropolitan Airports Commission. (Notarial Seal) Notary Public CITY NOTARY STATE OF MINNESOTA ) ) SS COUNTY OF ) This instrument was acknowledged before me on the day of , 2016, by and Mayor and City Manager, respectively of the City of Eden Prairie. Notary Public (Notarial Seal) to '' may 16,2011 1, o EXHIBIT A PREMISS ES . - :. • 1° . .Nt-0 ri-Y;FiN . 's • ":-, '‘,\ • • j: .: .....L'L`ii.W,44,:'..7_,!11-,t.---"P,• . , *TV: . :-!`l • „..... .,... \\ .: , \ ‘..1 • • • r_f' - tit • .. \\‘• •- , . • {: i p.r_._ .. f\ . • f 1 C. 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Ile Trail{ ' '� I May 16,2011 EXHIBIT COMMUNITY GARDEN PLOTS "PREMISES" - LEGAL DESCRIPTION Beginning at the southwest corner of the southeast quarter of the northeast quarter of Section 27, Township 116, Range 22 lying in Hennepin County, Minnesota; then northward along the west line of said southeast quarter a distance of 760 feet, then south 89° 36' 24" east a distance of approximately 162-feet to a point intersecting the right-of-way of the east side of Pioneer Trail which is the point of beginning for the Premises; then continuing on the same bearing eastward a distance of 147.97 feet, then south 0° 25' 23" west a distance of 100 feet, then north 89° 58' east a distance of approximately 645 feet to the intersection with of the north right-of-way line of Hennepin County Road #1, then proceeding in a southwestern, westerly, northwesterly and northerly along said road right-of-way line back to the point of beginning. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 24, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.K. Matt Bourne, Parks and Reject Bids for Maintenance Storage Building for Natural Resources Manager, Field 8 at Miller Park Parks and Recreation Requested Action Move to: Reject the bids for the Maintenance Storage Building for Field 8 at Miller Park. Synopsis The City advertised for bids for the construction of a Maintenance Building for Field 8 at Miller Park. Specifications for the work were prepared by our consultant HTPO and bids were opened on April 7, 2016. The project was to be funded through the City's Park Improvement Fund and a donation/contribution from the Eden Prairie Baseball Association. The EPBA recently communicated they will no longer be able to partner with the City on this project so staff is recommending the bids be rejected. Recommendation Staff recommends the bids be rejected and the bid surety be returned to the bidders. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 24, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.L. Matt Bourne, Parks and Professional Services Agreement with HTPO Natural Resources Manager, for Improvements to Round Lake Park Phase Parks and Recreation II Motion Move to: Approve Professional Services Agreement with HTPO for Construction Phase Services for Improvements to Round Lake Park Phase II at a cost not to exceed $75,500. Synopsis Staff recommends entering into a professional services agreement with HTPO for construction administration, observation and staking for the Phase II Improvements to Round Lake Park. The proposed project is scheduled in the Capital Improvement Program for 2016. Background City staff entered into an agreement with HTPO for the design phase services for this project late last year. Bids were received and the construction contract was awarded to Minnesota Dirt Works at the April 5th Council Meeting. HTPO has performed similar work for the Riley Lake Park Ballfield Expansion and staff feels very comfortable recommending them for this project. Recommendation The proposal from HTPO is in line with our estimate and staff recommends approval of this contract. Attachment Standard Agreement for Professional Services Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 24th day of May, 2016, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen, Thorp, Pellinen, Olson, Inc., a Minnesota Corporation (hereinafter "Contractor") whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Improvements for Round Lake Park Phase II 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 —Construction Administration, Observation and Staking 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 May 24, 2016 through the acceptance of bid 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 $ 75,500.00 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. 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." Standard Agreement for Professional Services 2014.01 Page 2 of 9 6. Project Manager and Staffing. The Consultant has designated Laurie Johnson and other Consultant Staff to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace 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 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 Standard Agreement for Professional Services 2014.01 Page 3 of 9 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 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. Standard Agreement for Professional Services 2014.01 Page 4 of 9 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, 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 shall apply on a "per project" basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies 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. 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 Standard Agreement for Professional Services 2014.01 Page 5 of 9 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 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. Standard Agreement for Professional Services 2014.01 Page 6 of 9 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. 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. Standard Agreement for Professional Services 2014.01 Page 7 of 9 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager Hansen, Thorp, Pellinen, Olson, Inc. By: Its: Standard Agreement for Professional Services 2014.01 Page 8 of 9 EXHIBIT A SCOPE OF SERVICES 1. Construction Administration $10,000.00 a. Includes communications with contractor, coordination with geotechnical engineer, conducting preconstruction meeting, shop drawing review, preparation of contractor pay requests, preparation of record drawings, and project closeout. 2. Construction Observation $46,000.00 a. Includes 360 hours of construction observation (half time observation over a four month construction duration). 3. Construction Staking $18,000.00 a. Includes a one-time staking for erosion control, grading, storm sewer, watermain, structures, curb, concrete pads, trail, basketball court and light poles; grade verification of ballfield and drainage basins, and as-built elevation of utility structures. 4. Estimated Reimbursable Expenses $1,500.00 Standard Agreement for Professional Services 2014.01 Page 9 of 9 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 24, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.M. Matt Bourne, Parks and Professional Services Agreement with HTPO Natural Resources Manager, for Improvements to Field 8 at Miller Park Parks and Recreation Motion Move to: Approve Standard Agreement for Professional Services with HTPO for Construction Phase Services for Improvements to Field 8 at Miller Park at a cost not to exceed $35,000. Synopsis Staff recommends entering into a professional services agreement with HTPO for construction administration, observation and staking for the Improvements to Field 8 at Miller Park. The proposed project is scheduled in the Capital Improvement Program for 2016. Background City staff entered into an agreement with HTPO for the design phase services for this project late last year. Bids were received and the construction contract was awarded to Minnesota Roadways Co. at the May 3, 2016, Council Meeting. Recommendation The proposal from HTPO is in line with our estimate and staff recommends approval of this contract. Attachment Professional Services Agreement Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 24th day of May, 2016, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen, Thorp, Pellinen, Olson, Inc., a Minnesota Corporation (hereinafter "Contractor") whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Miller Park Field 8 Improvements 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— Construction Administration, Observation and Staking 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 May 24, 2016 through the completion of the project 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 $35,000.00 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. 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. 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." Standard Agreement for Professional Services 2014.01 Page 2 of 9 6. Project Manager and Staffing. The Consultant has designated Laurie Johnson and other Consultant Staff to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace 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 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 Standard Agreement for Professional Services 2014.01 Page 3 of 9 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 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. Standard Agreement for Professional Services 2014.01 Page 4 of 9 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, 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 shall apply on a "per project" basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies 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. 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 Standard Agreement for Professional Services 2014.01 Page 5 of 9 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 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. Standard Agreement for Professional Services 2014.01 Page 6 of 9 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. 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. Standard Agreement for Professional Services 2014.01 Page 7 of 9 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager Hansen, Thorp, Pellinen, Olson, Inc. By: Its: Standard Agreement for Professional Services 2014.01 Page 8 of 9 EXHIBIT A SCOPE OF SERVICES 1. Construction Administration $9,000.00 a. Includes communications with contractor, coordination with geotechnical engineer, conducting preconstruction meeting, shop drawing review, preparation of contractor pay requests, preparation of record drawings, and project closeout. 2. Construction Observation $18,500.00 a. Includes 140 hours of construction observation (half time observation over seven weeks of construction). 3. Construction Staking $6,000.00 a. Includes a one-time staking for grading, storm sewer, watermain, curb, concrete pads, plaza; grade verification of drainage basins, and as-built elevation of utility structures. 4. Estimated Reimbursable Expenses $1,500.00 Standard Agreement for Professional Services 2014.01 Page 9 of 9 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 24, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.N. Matt Bourne, Parks and Professional Services Agreement with HTPO Natural Resources Manager, for Construction Phase Services for Parks and Recreation Reconstruction of Soccer Field#10 Motion Move to: Approve Professional Services Agreement with HTPO for Construction Phase Services for Reconstruction of Soccer Field 10 at Miller Park at a cost not to exceed $27,000. Synopsis Staff recommends entering into a professional services agreement with HTPO for construction administration, observation and staking for the Reconstruction of Soccer Field 10 at Miller Park. The proposed project is scheduled in the Capital Improvement Program for 2016. Background City staff entered into an agreement with HTPO for the design phase services for this project late last year. Bids were received and the construction contract was awarded to Duininck, Inc. at the May 3, 2016, Council Meeting. HTPO has performed similar work for the Soccer Field 9 Reconstruction Project and staff feels very comfortable recommending them for this project. Recommendation The proposal from HTPO is in line with our estimate and staff recommends approval of this contract. Attachment Standard Agreement for Professional Services Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 24th day of May, 2016, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen, Thorp, Pellinen, Olson, Inc., a Minnesota Corporation (hereinafter "Contractor") whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Reconstruction of Soccer Field 10 at Miller Park 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— Construction Administration, Observation and Staking 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 May 24, 2016 through the completion of the project 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 $27,000.00 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. 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. 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." Standard Agreement for Professional Services 2014.01 Page 2 of 9 6. Project Manager and Staffing. The Consultant has designated Laurie Johnson and other Consultant Staff to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace 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 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 Standard Agreement for Professional Services 2014.01 Page 3 of 9 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 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. Standard Agreement for Professional Services 2014.01 Page 4 of 9 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, 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 shall apply on a "per project" basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies 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. 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 Standard Agreement for Professional Services 2014.01 Page 5 of 9 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 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. Standard Agreement for Professional Services 2014.01 Page 6 of 9 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. 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. Standard Agreement for Professional Services 2014.01 Page 7 of 9 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager Hansen, Thorp, Pellinen, Olson, Inc. By: Its: Standard Agreement for Professional Services 2014.01 Page 8 of 9 EXHIBIT A SCOPE OF SERVICES 1. Construction Administration $6,000.00 a. Includes communications with contractor, coordination with geotechnical engineer, conducting preconstruction meetings, shop drawing review, preparation of contractor pay requests, preparation of record drawings, and project closeout. 2. Construction Observation $17,000.00 a. Includes 130 hours of construction observation (half time observation over six weeks of construction). 3. Construction Staking $2,500.00 a. Includes a one-time staking for grading and drain tile, and as-built grade verification of field. 4. Estimated Reimbursable Expenses $1,500.00 Standard Agreement for Professional Services 2014.01 Page 9 of 9 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 24, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VTII.O. Matt Bourne, Parks and Award Bid and authorize entering into a contract Natural Resources Manager, with Odessa II for Staring Lake Play Area Parks and Recreation Renovation Requested Action Move to: Award contract to Odessa II for Staring Lake Play Area Renovation in the amount of $1,074,100. Synopsis The City has been working with our consultant, WSB &Associates, to redesign the play area at Staring Lake Park. This project will update the aged play structure and address multiple safety issues with the existing retaining walls by improving site grading and layout. Specifications for the construction work were prepared and the City received bids from four contractors. Background A Play Area Assessment of the playground site at Staring Lake Park was completed in 2009 and multiple safety concerns were identified. The renovation will rework the grading and layout of the site to improve accessibility and remove the existing retaining wall which is failing. All play equipment will be replaced with required safety zones and the safety surfacing will be replaced. A number of new gathering areas will also be incorporated into the site to improve user experience. Bid Summary and Recommendation The summary of the bids submitted is as follows: Contractor Base Bid Bid Alternates Bid Total Odesa II $1,027,880.00 $46,220.00 $1,074,100.00 Blackstone Contractors $1,052,876.40 $68,212.50 $1,121,088.90 KA Witt Construction $1,062,460.00 $101,495.00 $1,163,955.00 Ebert Construction $1,306,075.70 $116,387.68 $1,422,463.38 The Engineers estimate for the project was $1,063,390.00. Each of the submitters has met the guidelines as detailed in the bid specifications. Staff and consulting engineer recommends the contract be awarded to Odesa II. Funding for the construction work will come from the Capital Improvement Program. The project is anticipated to begin in June with a final completion spring of 2017. Attachments Recommendation Letter and Bid Tab Contract ■ WSB &R.,„„ro,rx,rr:r engineering•planning.environmental•construction 701 Xenia Avenue South Suite 300 Mnneapdis,NN 55416 Tel: 763-541-4800 Fax 763-541-1700 May 18, 2016 Matt Bourne, Park and Natural Resource Manager City of Eden Prairie 15150 Technology Drive Eden Prairie, MN 55344 Re: Recommendation to Award Construction Contract for Staring Lake Play Area WSB Project No. 02127-050 Dear Mr. Bourne, Congratulations on obtaining very competitive bids for this project. The receipt of 4 quality bids shows great interest in working with the City of Eden Prairie by local contractors. Bids were received for the above-referenced project on Wednesday, May 18, 2016. There were a total of 4 bids submitted, which were opened and read aloud. The bids were checked for mathematical accuracy and tabulated. The bid tabulation is attached for your reference and includes corrections to any mathematical errors. The low bid was submitted by Odesa II in the amount of$1,074,100.00 for the base bid improvements and alternates. Their bid is within 1% of the engineer's estimate of$1,077,190.00 for these total bid improvements. Odesa II is a local contractor that has successfully constructed other projects for both the City of Eden Prairie as well as WSB &Associates including most recently Round Lake Park Splash Pad. We expect they will perform similarly for this project. WSB &Associates have also contacted Odesa II and confirmed with them that they are confident in their Bid Proposal Submission. They are eager to start the project and look forward to working with the City of Eden Prairie on what should be a great project. We recommend the City of Eden Prairie award the contract to the low bidder, Odesa II, as indicated below: Base Bid $1,027,880.00 Add Alternate A—Anti-Graffiti Proofing $500.00 Add Alternate B—Decorative Concrete $33,300.00 Add Alternate C—Graphic Sign Panels $8,970.00 Add Alternate D—Concrete Maintenance Strip $3,450.00 Recommended Project Award: $1,074,100.00 St.Cloud• Minneapolis•St.Paul Equal Opportunity Errployer wsbeng.com K:\02127-050\Admin\Construction Admin\LTR RECMMDTN-Staring Lake—2016-0518 Page 2 As a reminder, the bid schedule allows construction to proceed on receipt of Notice to Proceed. Work in all areas will be Substantially Completed by October 7, 2016. WSB recommends the City Council approve funding for the above referenced project in the amount of$1,074,100.00. Please contact me to discuss any questions you may have. WSB would like to thank you for the opportunity to assist you in the development of plans and documents for improvements to the Staring Lake Play Area. Sincerely, WSB &Associates,Inc. 4 4-,t1 .44k4. M''' Robert A. Slipka III, RLA Senior Landscape Architect Attachments: Bid Tabulation K:\02127-050\Admin\Constmction Admin\LTR RECMMDTN-Staring Lake-2016-0518.docx BID TABULATION SUMMARY PROJECT: Staring Lake Play Area OWNER: City of Eden Prairie,MN WSB PROJECT NO.: 2127-05 Bids Opened: May 18,2016 10:00 a.m. Contractor Addendum No.1 Bid Security(5%) Total Base Bid Total Alternate Bids 1 Odesa II X X $1,027,880.00 $46,220.00 2 Blackstone Contractors X X $1,052,876.40 $68,212.50 3 K.A.Witt Construction, Inc. X X $1,062,460.00 $101,495.00 4 Ebert Construction X X $1,306,075.70 $116,387.68 Opinion of Cost $1,029,690.00 $33,700.00 I hereby certify that this is a true and correct tabulation of the bids as received on May 18,2018 ' 0'644# -14444 Robert Slipka, Project Manager Denotes corrected figure K:10 212 7-0 5OlAdminlConstruction Admin12127-05 Bid Tab Summary 051816 FORM OF CONTRACT THIS AGREEMENT, made and executed this 24th day of May, 2016, by and between the City of Eden Prairie, hereinafter referred to as the "City", and Odesa II, LLC, hereinafter referred to as the "Contractor". WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. 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: Staring Lake Play Area Renovation(with All Add Alternates) 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$1,074,100.00. 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: Nancy Trya-Lukens Its Mayor By: Rick Getschow Its City Manager CONTRACTOR In Presence Of: By: Title: By: Title: CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 24, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.P. Matt Bourne, Parks and Approve Maintenance Agreement with the Natural Resources Manager, Riley-Purgatory-Bluff Creek Watershed Parks and Recreation District for the Stormwater Facilities at Round Lake Park Motion Move to: Approve Maintenance Agreement with the Riley-Purgatory-Bluff Creek Watershed District for the Stormwater Facilities at Round Lake Park. Synopsis Due to the need for new stormwater infiltration basins at Round Lake Park, the Riley-Purgatory- Bluff Creek Watershed District is requiring an agreement outlining maintenance and reporting requirements for the new stormwater facilities and management of wetland buffer areas. This agreement must be executed as a condition of the Watershed District permit for the Round Lake Phase II CIP project. Background The parking areas at Round Lake Park will be reconstructed and expanded as part of the Round Lake Phase II project and are required to be upgraded to include stormwater collection and management. Attachment Maintenance Agreement Exhibit A 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 201 5-039, 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. 201 5-039, 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) Stormwater retention and treatment basin(s). Stormwater retention and treatment basin(s) must be inspected at least once a year for the first two years after the project is completed and once every five years thereafter to determine if the basin's retention and treatment characteristics are adequate and continue to perform per design. Culverts and outfall structures must be kept clear of any obstructions or sediment accumulation. Sediment accumulation must be 2 measured by a method accurate to within one vertical foot. A storage treatment basin will be considered inadequate if sediment has decreased the wet storage volume by 50 percent of its original design volume. Based on this inspection, if the stormwater basin(s) is identified for sediment cleanout, the basin(s) will be programmed into the City's storm water budget plan in order for the pond to be restored to its original design contours. b) 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 plant growth will be maintained to ensure that the facilities continue to perform per design. 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. 3 7) The recitals are incorporated as a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT By Date: President, Board of Managers City of Eden Prairie By: Date: Its Mayor By: Date: Its Administrator 4 LEGEND ':'':'''':''::I COMMERCIAL TURF SEED MIX MNDOT 25-131 / �\ �___� NOTES _�900� CONTOUR LINE /1L ///� ,P'u\ Valley 1. CONTRACTOR SHALL TAKE SPECIAL CARE TO MINIMIZE COMPACTION IN GREENSPACE AREAS,INCLUDING AREAS FOR P-- ---�NATIVE SEED MIX 3 Road INFILTRATION BASINS. .......1 N 5-221 / / / \ ey View DRAINAGE ARROW �A.�.�.�.�.•�A. Wir' /!'„S m� o —101 — INFILTRATION•BASIN 5 2. INSTALL ADDITIONAL ESC MEASURES FOLLOWING MASS GRADING q5 SHOWN OR AS DIRECTED BY ENGINEER. INLET PROTECTION r NATIVE WETLAND SEED MNDOT SEED MIX 33-262 I •p+2A`•..(/,et�,"��o°'Syw'T ,�\�_�� / / / -- •- - --- - _ 3. INSTALL INLET PROTECTION IMMEDIATELY FOLLOWING INSTALLATION OF NEW CATCH BASINS. a FES 1 III I / �t ., `.� //- TYPESTRAWBIOROLL G 2 v O�O'O�NATIVE WETLAND BUFFER SEED MNDOT SEED MIX 35-241 \�+ 0 �;4,� "7 -,---moo;, 4. INSTALL SEDIMENT CONTROL LOGS AROUND INFILTRATION BASINS IMMEDIATELY FOLLOWING EXCAVATION OF BASINS. SILT FENCE O,�O,�O,�O -�c �rix ""'Y°X /` g2�:ge...., ( _ SCARIFY TOP I2"OF SUBGRADE PRIOR TO PLACEMENT OF TOPSOIL AND ROOT ZONE MIX. s q I d , r. rr b°v v v v v v v BALLFIELD SEEDING BY OTHERS t j T-``' ,yy��/ �/ `�` 1 / 5. PLACE MIN 6 TOPSOIL ON ALL DISTURBED AND NEW GREENSPACE AREAS EXPECT FOR INFILTRATION BASINS TREE-BY OTHERS 'y\ x"I'r\ 41 , /5� .. 7-',,..,--..„ ._.,,........-.;_-_ \ `�\�I`� '^�•'[owr 6. TURF ALL DISTURBFOHMENT FOR AaFn55HnALL LL aDISTnaBIZDFOND NEW wITHIN]GA[rvPACE AREAS SHALL CONFORM TO MNDOT 2574 OAR GAYS AFTER LAND DISTURBING WORK H. 2575. dN \ll\`.\\ll'�\1,\\\\\\\\\\\\\\\N PERENNIAL AND SHRUB GARDEN-BY OTHERS II K III x„ /�� \ZAP TEMPORARILY OR PERMANENTLY CEASED. _`"V '1'1i111111IY1.1�TURF REINFORCEMENT MAT(TRM) r'a}T \�� \ /9 �' dTv v ':•:,..‘. :'''''.::'-:-,\ 7. CONTRACTOR SHALL BE RESPONSIBLE FOR HYDRO SEEDING ALL DISTURBED GREENSPACE AREAS WITH SEED �c Q" INSTALL RAIN 1ta K: eers ° v'a y v a-w-v v,. \ c, FERTILIZER(WHERE REQUIRED),AND HYDRAULIC SOIL STABILIZER UNLESS NOTED OTHERWISE ON THE PLANS OR As �D GUARDIAN ANDI.• v v b \ s . DIRECTED BY THE ENGINEER (RAND F.F• Q e l I�J4� v b o ,° ,`° COMMERCIAL MIX SHALL C MNDOT AL GRAD,25-131 APPLIED AT A RATE of AND LBsLIE(MNDOT r 0� TINS AT CURB CUT \i,, �i�1�1 >�� /\ a 60 ER/ACFERTILIZER SHALL BE TYPE I COMMERCIAL GRADE,NPK 0 30 20(MNDOT 38e1)AND APPLIED AT A RATE r„ vvvvvvvv TURFSEE OF vv 1 LBs/AC 9 vv v ,/ � � v vvv OvvvOv , y C�a fti`h \ INFILTRATONBASIN2 .'S � .• J�•• OvvvpOvvvvvvv°O 43C\ " V DMI%SHALLBE SLOW-RELEASE, -APPLIEDATARATEOF36.5PLIED TARAT38]60 J 2P 4J �. �a 3,6 0 MNDOT MI HALL BE TY APPLIED PE LBS/ac(MN 8]6) FERTILIZER SHALL BETVPE3 SLOW RELEASE rvvK01020(MNDOT 3881p AND APPLIED AT bOL /�O ', N, �( A�®,�/� \ RI•••P p. v v v b v v v. v NATIVE WETLAND BASIN FERTILIZER MIXTURE 62E 3 SLOW RELEASE,NPK 0 10 20(MNDOT 3881) ,cG 6,9 INSTALL TRM r`44" C;ik ,,tA'P SSA\ ylT'NE FES � '-L ° INFILTRATION BA-.1 tN.‘,, ' • Z • AND APPLIED ND BUFFER SEED RATE of bo LBsX SHALL BE MNDOT MIXTUREs 241 APPLIED AT A RATE OF 36.5 LBS/AC AT CURB CUT \ 9 • b INSTALL TRM V V n'T Y-VVVVVV v v v v v v 1� • HMNDOT 3836)N NO FERTILIZER SHALL BE USED IN THIS AREA 3 \ .P \ ✓9 et,P° AT CURB CUT o `\ �\ cc • HYDRAULIC SOIL STABILIZER SHALL BE TYPE HYDRAULIC MULCH(MNDOT 3884.2 B.2)APPLIED AT A RATE OF 2100 LBS/ACINFILTRATION BASIN 3 �44;� - .a. - � /,, °vv�Q >ov V o�ry T 6. THE BALLFIELDS WILL BE SEEDED BY OTHERS 4. • ' b' -. 'v `�. v g.°2°v� Q J. IF WEATHER CONDITIONS DO NOT ALLOW FOR THE PLACEMENT OF THE SEED AS DETERMINED BY THE ENGINEER,THE CALL BEFORE YOU DIG 1 R` ]{ 1 v d'v AB�f° ° (.1• I , CONTRACTOR SHALL APPLY TYPE e.2 HYDRAULIC MULCH N(MNDOT 388a TO ALL DISTURBED AREAS APPLIED AT A RATE OF w REO INSTALL RAIN" 4� u•)t';0 -- 1 \ • 6 ♦♦� f v 2100 L85/Ac AFTER APRIL IS OR AFTER THE RINGS WM WHICHEVER IS LATER THE CONTRACTOR SHALL THEN nMOAEOL CENiEgOAPST"%To Go GUARDIAN AND TRM�f•' '\\ t < pJ T^.,° 5� �J PLACE THE SEED AND FERTILIZER AS SHOWN.SPRING ELT NNvEscARAL 2Bus NEss Dgvs SLIT NOTMORE AT CURB CUT ` 1 , \ III . �'� HEM' URTEEN n41 cAIi:NDnn DAYS ^ t °Ji, I � ., d 6om B. INSTALL TURF REINFORCEMENT MAT (MNDOT 3ee52B5)AT ALL CURB curs AND EXTEND TRM To �• (TRM),CATEGORY 3 II t , ;.: p v0. 1 E6 BOTTOM OF BASINS AS SHOWN GOPHER STATE — .•sue Pam/ / til!I• �f° I' I cz BENCHMARK —e.v6"rse,e n.a w0 I',�fEp�p�p eee��'++±±±��nnn 9] 1•SOO.25Y-'i'i SS sAr1' J. � - '1� '�v .'$ems �I TOP NUT OF HYDRANT(TNH), ELEVATION=895.03(NAVD88),LOCATION SHOWN ON PLAN •41,20 "'AAA 9F' ��,,,lw- � vi��.' - , 3,, � •. ga.� I"°gym 'i INFILTRATION BASIN 4YYillir KO J.�16.6.4tat'Ve "Mg r� "— � ® I.. I I� na 72'O S P INL: PROTECTION A ° d "x ja� -° � v° ov o,„`A�I s v oo 1 �1 C CONSERVATION ""`°61 INLET PROTECTION AT i ^6 1 • STRUCTURE TH NEW ETCH BASINS ��s NEW CATCH BASIN to= �Ad li, v RAVITY SEPARA OR • o o .� EASEMENT ��ce / !! tm , tV,Vjjj ° vvv SYSTEM PAN.LS �� i� °°• vvvv° ..s�111 a) 9 r %. bt4 •, °%° B ��, r. �vo`o �T = ��I W° vv v aa,, °` .. v o000°� o00o NO MOWING \�. a , , 4°, a p,,m^000000voy,°�.°oao,,,,,,,,,,,„?7_,-_,_,_,°' sl ' \I �5` 9, ,9}} Imo 6 o v � .lw ) ALLOWED 9 95 6 •ye,fio, u 9 ¢, ° v° ��y o a�i� KI A Wetlands and buffers ■ �� i �: �� „ 'A.E. It AIr �. v. h f bid . a y ems, t �e '' �e �� ° 7° � i/' I I I i i filter pollutants, vv.es o7 1 . �4' �-. >' ''''I Ili I 'ea i' - INSTALLT• R "' g� _/ I I ly( reduce flooding and I M= �r I ,yam AT CURB C � `I 1(IIII �R provide habitat. Rnk Wee 1 ` I� i ��nAe oz, ''• Ia x g� �' 'et �a 9s iit ter J I II'1 4 ,...014.s ,I/I . ;-i,m•. -_:r._ __ mow I 1 •'�n N Y,.I I. 1-11-1I ,� ' % j�%j��vw : 4si*0- �. --' -.+' ,,,°. = = .� .l►pT a�Ot' 4a.'''''' °spa. 1 Q o ®, ♦® 4.'.■i GI01Y�.. 9sI / / RIPRAP AT FES PRAIRIE .a 6♦�s�t�®�t�. ♦ y 'OOOs''91 n YA/ / -,> 6 lTL 4\ \\ �\ ,.\ �€ Est ..-,4„ - b•� i.Z.V. ` 89 ti yl"000,00'ri/ 11,e// �j j'/ \ Si �, ��va ��,a.�®e��.�a a�93. .. .'sp�� ' /(Lf/ O9 / , — �;,// v\__-"- Vv.\\\\\ �.,CY edenprairie.ORg o w �,- �� .t4..m'+'i� ii e �riwa�_ 'R� y. f d. uss221 T' - _{ nva Baas v))D11))111 I 5p gq / / _ "`" / I'I INFILTRATION BASIN6 ,�I w.Y,\\ 1\\-71;1 WETLAND BUFFER SIGN, ---�/�//I// WETLAND BUFFER SIGN DETAIL 5 ` I „( L,s y,v -, �"'" j,�" R ,q ,,,, ,Y,�,/ ^s' � ""``�� s ��,a\\ ),��SUPPLIED AND INSTALLED _�e'>' _ _— ///// rum _., L"�aar .1111.L`'\ s, ��-BY OTHERS,ADJUST _/j Scale feet / �°'" „INLET PROTECTION AT A.y,� _ �1t45x _ \_ =/ ape '2"•-• /{g^^' -,' r _ —EXISTING SIGNS AS NEEDED _j�i�=sue-_ I NEW CATCH BASIN T ADJUSTED WETLAND a "�s — — BUFFER LINE 1p"w ��—" ii (SEE DETAIL)(TYP.) —� — / 311- ^•'Li' P r Project N. 15-093 r Date Revisions rr I hereby certify that this plan,specification or r STATE AID PROJECT NO, r r SHEET 7 1 T. I 1 I •En Ineerin Surveying 02-22-16 OUT TO BID report was Prepares by me or anger my direct PHASE II EROSION AND SEDIMENT CONTROL PLAN 9 9• y 9 Drawn by HYPO supervision and that I am a duly Licensed STATE PROJECT N0. h m 7)-0 Landscape Architecture 05-12-16 REVISED PER WATERSHED PERMIT REQUIREMENTS Professional Engineer under the laws of the O{ Design by AMP COUNTY PROJECT N0. € I l smte ar Mlnnesam. ROUND LAKE PARK IMPROVEMENTS B Clocked be CJH CITY PROJECT N0. 15102 HANSEN .PLeoeHORP rin•EdO Eo.ON SSWN,Inc. Adam Pawelk CLIENT PROJECT No. EDEN PRAIRIE,MN 16 SHEETS "� l A ■Lic.No. 49990 Date: IT ■ A 1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar May 24, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 14-5867 ITEM NO.: VIII.Q. Mary Krause Award Contract for the Waterford Rd. Area Public Works/Engineering and Larkspur Ln. Area Sump Pump Collection System Project to Valley Rich Company, Inc. Requested Action Move to: Award the Contract for the Waterford Road Area and Larkspur Lane Area Sump Pump Collection System Project to Valley Rich Company, Inc. in the amount of $555,989. Synopsis Bids were received on Thursday, May 12, 2016, for the Waterford Road Area and Larkspur Lane Area Sump Pump Collection System project. Five contractors received plans. One bid was received by Valley Rich Company, Inc. in the amount of$555,989. Bids were solicited in the fall of 2015 for the Waterford Road Area portion of the project and came in above the Engineers Estimate for the project, resulting in the rejection of all bids. The project scope was expanded to include the Larkspur Lane and a portion of Preserve Boulevard in addition to the Waterford Road area, with the goal of having increased quantities resulting in a project more attractive to contractors. The lone bid received bid for the project is approximately 35% above the estimated cost of the project. Contractor input regarding the lack of bids submitted and high prices indicates that due to increased work backlogs and the labor intensive components to the project, rebidding the project again would not result in lower prices and may actually increase again due to the large demand of concrete subcontractors (for the placement of the curb and gutter and sidewalk). Because the project areas have been designated as priority areas with a history that includes resident falls and injury, staff is recommending approval of the contract. Background Information This project consists of the installation of a sump pump collection system within the existing street. This project is a result of the I& I (Inflow & Infiltration)project as well as ongoing drainage issues in the neighborhood. These neighborhoods have been determined to be a priority in regards to sump pump discharge issues. Similar projects in the Debbie Lane and Joseph Curve neighborhoods been successful thus far in resolving I &I issues. In addition to the sump pump collection system, existing curb and gutter will be removed and replaced in areas evaluated to be cracked, sunken or in disrepair in preparation for an upcoming mill and overlay. Upon completion of this project, a mill and overlay project on the streets within the project area will be scheduled for 2017. Financial Implications Funding for this project will be through a combination of the Utility Wastewater Fund, Storm Water Management Fund and Pavement Management Fund. Attachments Bid Tab Contract Bid Tab Larkspur Lane / Preserve Blvd Area Sump Pump Collection System Sump Pump Collection System City of Eden Prairie Project I.C. #14-5867 Schedule#1 Valley Rich NO DESCRIPTION EST. QTY. UNIT UNIT PRICE TOTAL 1 Mobilization 1 L. S. 6000.00 $6,000.00 2 Traffic Control 1 L. S. 3,500.000 $3,500.00 3 6" Drainpipe - SDR 35 PVC SWR Perforated Pipe 1,354 L. F. 25.000 $33,850.00 4 4" Draintile (Nonperforated) SDR 26 PVC 200 L. F. 16.500 $3,300.00 5 NDS 12" x 12" Drainbox 1200 with Grate 11 Each 1,200.000 $13,200.00 6 Filter Aggregate-MNDOT 3149.2H 150 Ton _ 40.000 $6,000.00 7 6" Clean-out 6 Each 250.000 $1,500.00 8 Connect to Existing Catch Basin 5 Each 750.000 $3,750.00 9 Remove Bituminous Pavement 552 Sq. Yd. 22.000 $12,144.00 _ 10 Remove Concrete Curb &Gutter — 2,484 L. F. 8.000 $19,872.00 11 Bituminous Pavement- MNDOT SPNWB240B 552 Sq. Yd. 41.500 $22,908.00 - 12 Bituminous Driveways - MNDOT SPWEA230B 200 Sq. Yd. 41.500 $8,300.00 13 Mountable Concrete Curb & Gutter 2,484 L. F. 38.500 $95,634.00 - 14 Concrete Valley Gutter _ 162 L. F. 38.500 _ $6,237.00 15 Aggregate Base CL. 5 (100% crushed quarry rock) 150 Ton 42.000 $6,300.00 - 16 Irrigation System Repair _ _ 5 Each 500.000 $2,500.00 17 Premium Topsoil Borrow (LV) 100 Cu. Yd. 55.000 $5,500.00 18 Hydroseed- MNDOT Seed Mix 25-151 596 Sq. Yd. 3.250 $1,937.00 19 i Street Sweeping 10 Hour 150.000 $1,500.00 20 Curb Inlet Protection 5 Each 250.000 $1,250.00 21 Biorolls 100 L. F. 5.000 $500.00 SCHEDULE #1 TOTAL BASE BID $255,682.00 Page 1 of 2 Bid Tab Larkspur Lane / Preserve Blvd Area Sump Pump Collection System Sump Pump Collection System City of Eden Prairie Project I.C. #14-5867 Scheudle#2 Valley Rich NO , DESCRIPTION EST. QTY. UNIT UNIT PRICE TOTAL 1 Mobilization 1 L. S. 6500.00 $6,500.00 2 Traffic Control 1 L. S. 3,500.000 $3,500.00 3 6" Drainpipe - SDR 35 PVC SWR Perforated Pipe _ 2,190 L. F. _ 25.000 $54,750.00 4 i 4" Draintile (Nonperforated) SDR 26 PVC 240 L. F. 16.500 $3,960.00 - 5 _NDS 12" x 12" Drainbox 1200 with Grate 12 Each 1,200.000 $14,400.00 6 Filter Aggregate -MNDOT 3149.2H 243 Ton 40.000 $9,720.00 7 6" Clean-out 8 Each _ 250.000 $2,000.00 8 Connect to Existing Catch Basin 6 Each 750.000 $4,500.00 9 Remove Bituminous Pavement 805 Sq. Yd. 22.000 $17,710.00 10 Remove Concrete Curb & Gutter 1,880 L. F. 8.000 $15,040.00 _ 11 ' Bituminous Pavement- MNDOT SPNWB240B 805 Sq. Yd. 41.500 _$33,407.50 12 Bituminous Driveways - MNDOT SPWEA230B 100 Sq. Yd. 41.500 $4,150.00 _ 13 Mountable Concrete Curb & Gutter 1,880 L. F. 38.500 $72,380.00 14 1 Concrete Valley Gutter 0 L. F. 38.500 $0.00 - 15 Aggregate Base CL. 5 (100% crushed quarry rock) 210 Ton 42.000 $8,820.00 _ 16 Irrigation System Repair 5 Each 500.000 $2,500.00 17 Premium Topsoil Borrow(LV) 71 Cu. Yd. 55.000 $3,905.00 18 Hydroseed- MNDOT Seed Mix 25-151 470 Sq. Yd. 3.250 $1,527.50 19 Street Sweeping 10 Hour 150.000 $1,500.00 20 Curb Inlet Protection 6 Each 250.000 $1,500.00 21 Biorolls 100 L. F. 5.000 $500.00 22 Remove 5' Concrete Walk 409 Sq. Yd_ 27.000 $11,043.00 23 5' Concrete Walk 5" 409 Sq. Yd. 66.000 $26,994.00 SCHEDULE #2 TOTAL BASE BID $300,307.00 SCHEDULE #1 AND SCHEDULE #2 BID $555,989.00 Page 2 of 2 FORM OF CONTRACT THIS AGREEMENT,made and executed this day of 20_, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Valley Rich Company, Inc. 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 Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. 14-5867, Waterford Road Area and Larkspur Lane Area Sump Pump Collection System Improvements CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. IL 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 $$555,989.00. 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 FC-1 (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 FC-2 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing May 24, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 16-02 ITEM NO.: IX.A. Denise Christensen Vacation of public Drainage &Utility Esmts over Lot 1, Block 1, Shady Oak Crosstown Public Works/Engineering Addition Requested Action Move to: • Close the public hearing; and • Adopt the resolution vacating the public Drainage and Utility Easements lying over, under and across Lot 1, Block 1, Shady Oak Crosstown Addition, Hennepin County, Minnesota. Synopsis The Property Owners have requested the vacation of the drainage and utility easements to facilitate the plat of Shady Oak Crosstown 2nd Addition for building construction. Background Information The drainage and utility easements to be vacated were originally dedicated with the plat of Shady Oak Crosstown Addition. In order to accommodate a building addition on the lot, the property owners would like these underlying easements vacated and will dedicate all new drainage and utility easements with the plat of Shady Oak Crosstown 2nd Addition. The release of the resolution vacating the drainage and utility easements shall be conditioned on the recording new dedicated drainage and utility easements on the plat of Shady Oak Crosstown 2nd Addition. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS LYING OVER, UNDER AND ACROSS LOT 1, BLOCK 1, SHADY OAK CROSSTOWN ADDITION, HENNEPIN COUNTY, MINNESOTA VACATION 16-02 WHEREAS, the City of Eden Prairie has certain Drainage and Utility Easements described as follows: The public Drainage and Utility Easements lying over,under and across Lot 1, Block 1, SHADY OAK CROSSTOWN ADDITION, Hennepin County, Minnesota. WHEREAS, a Public Hearing was held on May 24, 2016, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described Drainage and Utility Easements has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Drainage and Utility Easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Drainage and Utility Easements described above are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. 3. This Resolution is contingent upon and shall not be effective until the subdivision Shady Oak Crosstown 2nd Addition has been recorded with the County Recorder/Registrar of Titles as applicable. The City Clerk shall not present the Notice of Completion of Proceedings to the County Auditor or file it with the County Recorder/Registrar of Titles until the subdivision Shady Oak Crosstown 2nd Addition is recorded. ADOPTED by the Eden Prairie City Council on May 24, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk INNETONKA 0 62 I . 62 YELLOW Wnd ST. w IIIIP1114P ' c° fi 1.-/ 0 U J ZO op = , ? O' UM CIR. \G� o rt . NORN/y/ Z\RE`` Lu 2 a ?\P� \,gk <��OR. 0 `� z ';V 0 SITE �G�v\, 0 0 DRIFr, �0 > J a ��1�CITY °° BOV LOER BAY I� �0 u_ �N RD• $� S�' o ��G o._ Rp Q O'<q �OpBOk w O O ilio_ ..)__ R 13 O' CH�� • . 414/ RD. 0 D 0 ) al _^ 1 4Z Or Ov 0 Bryant 100. ce gg. / �/tea 101. 4MEL'•0 VAC 16-02 NORTH LOCATION MAP k FILEN40.-2 213 OFFICIAL PLAT 03464 8Rear ISA. estra$490 oat f3.3..t. ✓ HmsHa.la�t"w+71'1 MS' 'r 513 21 0537SA0 gac 130.01f SHADY OAK CROSSTOWN ADDITION R.T. DOC.NO. 1906829 C.R.DOC.N0. 537'5990 BEARINGS SHOWN ARE ASSUMED EGAN, FIELD 8 NOWAK, INC_ 'DENOTES IRON MONUMENT SURVEYORS SCALE IN FEET:gi r.... .. . ME ALL MEN ST'MSS 200SNMT3: That Amoco Oil Company,a Maryland eotpoeation,owner and proprietor of the following described property situatede 0 40 60 120 160 200 in theState or Minnesota end County of Hennepin,to wit. • That part of the Northwest Quarter of the Northwest Quarter of Section 1.Towmehip 116,Rwge 22,Hennepin County,Enervate,...bed w fol our. at the northwest corner of said Section 11 nerve a ann.bearing of North n degrees 01 minute 59 Rena.East alonngne dirSifiq Highlighted area denotes area of proposed commencing alin of avid Northwest quarter,. n of 47.27 on to the point of hngiewing of the tract of lend to be deaeribed; e r" North 57 degrees 01 minute 59 seoorde net along said nor.line a distance f 79 feet;thence Sou hwesterl`,a distances Aik easement vacation. an chord1 feet along a non-tangential cury,coons ve to the eoutheont having a radio.of 449.26 fact,a chord distance AP s,T1 feet l' eandl'S.0 bearing of Swath degrees 52am' a seconds Ncet;thence South 39 degrees 04 aboutaa 36 second.Neat,argent to last b v Ni i : - described curve,a distance of 53.05 feet;thence Southwesterly,a distance of 113..8 feet along a tangential carve,cam to the north- .R v. !n west having a radius sof 246.48 feet;thence North 40 degrees 3d minute,1Y seconds Nest,a dirt.ane of 86,27 Peet;thence North 6 degrees -.( 16 mint.29 seconds Nest,a di.tenee of 131.60 feet to the point or beginning. •/'w ' The Reentered portion of MSC*is embraced within: All that part of Ne following de urlbed tram. Truck Si That ntrttt,°the North line oest f soldrpart n the st rthwest Quarter of ther,Section 1.Northwest Quarteerrahip 116.di0l0^L 282 5a 22 netlEsxt fros the Northwest net of a lino weo from iner ofp said Northwest Quarter of the Northwest Quarter to a point an the South line of said Northwest Quarter of the Northeast Quarter distant 050.3 Peet net frau the Seutinest owner Of said NOnhweei Quarter of the Northwest Hearne. • lede*lies Northerly of 0 11ne drown Darellel with and distant 40 feet Sootherl7 of the following d.ecrned line,hereinafter referred to as tine'beginning of the N.Nt 1�of Bee J,T.N6a X•R2 Z ofsi at a paint en e r North line er Section 1,curve Taegu, t1 s,Range 2P distant 6'IT.ST Pent Easter of the Northwest no W p isomer .North line ep the NAM'/{ 'N'�1]rsq^E NENNENIN(1gp1TY , _ -__ is QQ 1 for a daatance of xll.ls feet,+fence of sold Section 1;thence env Southwesterly along a e tangent to said north lice Paving a radius of 409.26 Peet MONNMENT�`. gyorig 5T'82")for.dLyggape care virrds feet;theme tangent a said angle for a distance f sdist feats thence deflect se the angle right alorga tangential curve Fnvirga radius of RB6.4A Peet(delta angle 1P^ R-r, Pecs gip;adrnerof� ,4�, _ _ .__ er tangent to said curve fore distance of 226.11 feet and there tenknating. of Se of Igs -"' 4l_21- --- --- Jr - \ / r•• $ According to the Government Survey thereof. e.A .nah aH aelwrN/.rA./+AF:/erP.by.'son tir.re.Iwo Purl 20 vy Sea.1 - ' l ��Z64—` / 34q,.0 a c.ceed Me,me todbc sow,.and plettea es 5.13y OAK CROSSTOWN ea,. /p:L yoawye a.duAA'"/.+oar• .we. cage 6 s" ,. a.e priaeay./W;14'6anar"f I r n gas e,*, sass! 196 Campos,a Maryland eoryoretien,* eased these pee wn a to be signed by.. proper°P., this day D.O,IAp0ry6 ofSwiCP70051 9.5_4_ ., ,t r Yo R F _ �1 L / .V�'a".,4�1.ret, ;4:k C'' .2_./may At 4., O IL CO cR 4EE5 is] I / • p�tilb.Ra // yy . i4 r_..f `J,n.y Aas Ca,e.. i._, a . I. I 4.b Ara /7 -/ t PLA-r 2.-.. - •wt /•' p0°' f/fr foregpirg iu of eaaco eclmwlN tore re Nis e e f OPrNPc. 90�,by �O �e 1I ett•0 L fr / R9 �p • , ps+i n,�r✓.K s 011 Bed!e o b halP oP tM c _ • �1 - • V O `- % / „an� •.,m sNAOT oar crnsssrGr.r ADDITION; thi r9P .� l _ yr seta ;y1 A,.'; /r z hereby certify sat 1 have;surveyed and platted the property aeaori,ea on this plat as o h 1 woe plat is correct N 3 ._ t / e b t t of said au o e all distance.a orreotly ehoa plat in feet and hundredths of a foot;tint al mmeute have bean Z 0 �'-a*1b3 to / correctly laced i the ground a shown;that the outside boundary lines an correctly designated w the plat;and that then are no wok lands or W ' Ea N Qy / public highways to be designated sonhe.id plat. Q{ -. V }d1,V` b'+6 rb w�l`````•`` Nrvrelf.ciirne.e n nzsa oe 5•/6-b§37 ~ fps pQ. y ImvsorA Nlraaos. f , ;` STATE Q w \ i1 x, 0307117 OP 19NNNRPTN The foregoing Surveyor's Certificate was acknowledged before me thisidgsrofis y'/�•�•1. 3 '44• 1 e• �/SDP.AKA/ r`'`., / 1BB',�.by Bryce W.enure.two Surveyor.�- VM1G m6•,I?k /j/ Jgtlrl MI1MI y//�� 6�'r- PPti5b 90� branNrN.gmmNA xotary't'va1i�N i our^,`/ y�Na .•• .• oo'\4 :DI°y ,:North • I:nt.I the p.W.'4 of the t V 1 'r'9RrNNt..,. lb CO®is0lnn spire.n 7^37 1A a • 04 a J N,W.p4 of Sac.ln T.116 N.42 Naa.rrmW.MN.1Y 4 f • • p / i �a5T131+E• ---- ThEN plat sf mneoOrA Council of Eden paid consents et rc ins thereof ,ti Is: -1 r rn lac y�p eeqryn on cs0s __ yytt w. approved end sceptr 1981. If e Ey the cihhe written oomc eeaM.eo®mdntime of thcic®asim:er of / held this C61M 0dq•of(Y>r]%K o. eoeivei y..city ore reac.b period her elapsed without receipt of such M l D Z ,y C. transportation hea and and Nn county ylrear roe our M rra city or N.p o say v ripe Meso / Lena 1.A.,,,.aZ.ySR. : ce®e recemendatiune,as provided by Section d .03,Subdivision 2a D,pteggth ,E.....An Mi% NIeINE9GTA ,, /r�l ,' /sy/ CP I •_R..W • r o.c- . ' ��y1 h n3/1.!/ I/ mower i<: Y _ar-� 1/ 1 h 1 i r myor fO'�e 1 gel./ ... Vti �1�1��-r` rr T PUBLIC Ma EPAR innesot I ` l , 0 rreeby certify that taxes owl. NId1A'rneanad prior Toers Gave been paid for lead described en Mie plat. Q� -J I� I Dales the rc,CO any of u County Audi eawaJ_ 196�. v�/n^� /1.314e linty Dale C.Foisted,B minty Auditor q'(/1 hYV "�d I.60^— d innenote �` 000000nt t DIVISION, B10,nmi esetapt Laws of 1969,this plot nu been.pprovea this�a0Y Of]t�bS'aaaa (/�� 9 8. ��1 I I 9ernud Il.Lars ,ge f10 O my Surveyor ^' ' P�'•'", �' nusTRAn Or TITLES.Hennepin y County, to 1.0 i.-' r. \;: I i zazikv.the eithin p t Nf armNdoor� AE ca0s67 ADDITION was Piled for mcon,in this office Ni° T�.•of 'o f R.Dw c 19 t fQ_W6•cloek�.X v '•G...IT... 1 erise,Registrar of Titles inane 4 by"C 0 S dryuty iet w,v , t`v�•}e DNTe BNCOHDPRR,ty,Hennepin county,H o �•' 'n� I j .e 00011 dthet the with;plat off15HADT1On c*O55•TONN ADDITION was filed for record in this office ehie�_dey of Sf rt_ }. _ N.von eariven,county ace earn t e•e hr 7 '17 dep^b '88 J i..- -.{ `1 .L.. .. of .-South d fha N.It11*of the N.ge 17 of sea.l _:__-I L,// 1 d^ Inc g I - SW. •- •S.W. rn r of flu N.W.4 of the N.W.4 of Sea.1 VACATION 16-02 NOTICE OF VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS LYING OVER,UNDER AND ACROSS LOT 1, BLOCK 1, SHADY OAK CROSSTOWN ADDITION, HENNEPIN COUNTY, MINNESOTA Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on May 24, 2016 at 7:00 p.m. to hear all persons present upon the proposed vacation of public drainage and utility easements described as follows: All the public Drainage and Utility Easements lying over,under and across Lot 1, Block 1, SHADY OAK CROSSTOWN ADDITION,Hennepin County, Minnesota. By Order of the City Council Published in the Eden Prairie News on May 5, 2016 NOTIFICATION LIST VACATION REQUEST 16-02 A copy of the Public Hearing Notice has been sent to owner of the following parcels: 01-116-22-22-0012 01-116-22-21-0005 A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy Century Link Communications Comcast Cable Xcel Energy CITY COUNCIL AGENDA DATE: May 24, 2016 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Climatech Renovation Development/Planning Janet Jeremiah/Steve Durham Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Site Plan Review on 6.98 acres. Synopsis The proposed plan includes an exterior improvements; new office and visitor parking entrance; and parking lot re-configuration inclusive of a storm-water infiltration pond. This update will include: • Updated exterior color and updated architectural elements. • On the north elevation a thirty-five foot (35') tall raw material silo will be added, a required structure for the Climatech manufacturing process. The silo will be screened with a screening wall which includes metal decorative façade. • Updated landscape plan that meets code requirements and will include a variety of new ground cover plant material providing color and interest to the site. • Inclusion of a bicycle rack. • Due to winter conditions during the review process a Wetland Determination Report along with approval of the field review must be completed. Background A one-story office/warehouse building of approximately 90,000 square feet was constructed on site in 1974. The current structure meets the current required exterior building materials and structure setback requirements for the I-5 Zoning District. The site has been vacant for several years. Climatech will be completing improvements to the site which will update the building's exterior and parking lot. The improvements will meet or exceed code requirements. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project at the April 25, 2016 meeting. Attachments 1. Resolution Site Plan Review 2. Staff Report dated 04-20-2016 3. Location Map 4. Guide Plan Map 5. Zoning Map 6. Aerial Map 7. Project Narrative 04-13-16 8. Unapproved Planning Commission Minutes dated 04-25-2016 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION APPROVING THE SITE PLAN REVIEW OF CLIMATECH RENOVATION WHEREAS, Climatech, has applied for a Site Plan approval to modify the exterior of the a building with site plan alterations including revision of parking lot and landscape plan for the propeorty at 6950 Washington Avenue South, Eden Prairie, Minnesota; and WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Site Plan Review of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on April 25, 2016 for Climatech, for the site located at 6950 Washington Avenue South, and considered their request for approval of the Site Plan Review and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on May 24, 2016. NOW, THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Climatech Renovation, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant Site Plan Review approval as outlined in the Staff Report dated April 20, 2016 and based on plans stamp dated April 19, 2016. 3. Prior implementation of the Site Plan a Wetland Determination Report along with approval of the field review, to determine the potential presence of wetland on site, must be completed. ADOPTED by the City Council of the City of Eden Prairie this 24th day of May, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A Legal Description: That part of the South Half of the Southeast Quarter of the Southeast Quarter of Section 1, Township 116,North, Range 22 West of the 5th Principal Meridian, lying South of the North 70 feet thereof, and lying East of the West 612.85 feet thereof, and lying Southwesterly of the center line of Old Hennepin County Road No. 18 (also known as Washington Avenue), according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. Abstract Property CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2016- A RESOLUTION APPROVING THE SITE PLAN REVIEW OF CLIMATECH RENOVATION WHEREAS, Climatech, has applied for a Site Plan approval to modify the exterior of the a building with site plan alterations including revision of parking lot and landscape plan for the propeorty at 6950 Washington Avenue South, Eden Prairie, Minnesota; and WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Site Plan Review of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on April 25, 2016 for Climatech, for the site located at 6950 Washington Avenue South, and considered their request for approval of the Site Plan Review and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on May 24, 2016. NOW, THEREFORE,BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Climatech Renovation, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant Site Plan Review approval as outlined in the Staff Report dated April 20, 2016 and based on plans stamp dated April 19, 2016. 3. Prior implementation of the Site Plan a Wetland Determination Report along with approval of the field review, to determine the potential presence of wetland on site, must be completed. ADOPTED by the City Council of the City of Eden Prairie this 24th day of May, 2016. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A Legal Description: That part of the South Half of the Southeast Quarter of the Southeast Quarter of Section 1, Township 116,North, Range 22 West of the 5th Principal Meridian, lying South of the North 70 feet thereof, and lying East of the West 612.85 feet thereof, and lying Southwesterly of the center line of Old Hennepin County Road No. 18 (also known as Washington Avenue), according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. Abstract Property STAFF REPORT TO: Planning Commission FROM: Steve Durham, Planner II DATE: April 20, 2016 SUBJECT: Climatech LOCATION: 6950 Washington Avenue South, Eden Prairie, Minnesota REQUEST: • Site Plan Review on 6.98 acres BACKGROUND The property is 6.98 acres, currently zoned Industrial(I-5,) and guided for Industrial Development. The surrounding properties to the north, south,east and west are guided industrial.The surrounding properties are zoned either I-2 or I-5. A one-story office/warehouse building of approximately 90,000 square feet was constructed on site in 1974. The structure meets the required exterior building material and structure setback requirements for the I-5 Zoning District. The site has been vacant for several years. Climatech, currently located in Hopkins, MN,plans to relocate its business operation to this site. SITE PLAN The proposed plan includes exterior improvements; new office and visitor parking entrance in the southeast portion of the site; and parking lot re-configuration inclusive of a storm-water infiltration basin. On the north elevation a thirty-five foot(35')tall raw material silo will be added,a required structure for the Climatech manufacturing process. The silo will be screened with a screening wall which includes metal decorative facade. Other improvements include a new loading dock area, new employee entrances, and a new main entry feature. The renovation also includes new windows and doors as well as updated paint colors.The proposed exterior elevations meet and exceed current code requirements of 75%specially designed precast concrete with decorative design and not more than 25%metal, vinyl, stucco,plastic or a combination of these materials. The original parking lot configuration provides 213 stalls. The parking lot will be re-configured to accommodate new loading dock doors located on the north elevation. Climatech parking needs include 189 parking stalls. The site plan includes 203 parking stalls of which 17 will be in proof of parking. TREE LOSS, LANDSCAPING AND SCREENING The landscaping and tree replacement plan provided for the project meets the City Code requirement. The proposed landscaping calls for improving the landscape material by adding perennials and ornamental grasses to add interest and color to the site. Tree replacement required is 22 caliper inches. The landscape requirement for the site is 168 caliper inches.Total required landscape is 190 Staff Report— Climatech April 20, 2016 caliper inches. SITE LIGHTING The existing site lighting on the north will remain. Compliance with lighting standards will be verified at the time of building permit issuance. STAFF RECOMMENDATION Recommend approval of the following request: • Site Plan Review on 6.98 acres The Recommendation is based on plans stamp dated April 13,2016,the Staff Report dated April 20, 2016 and the following conditions: Prior to land alteration permit issuance for the property, the proponent shall: 1. Provide a tree replacement/landscaping surety equivalent to 150% of the cost of the landscaping plan for review and approval. 2. The wetland Determination and/or Delineation must be reviewed and approved by the City and Nine Mile Creek Watershed District prior to a Land Alteration Permit. 3. Submit detailed storm water runoff,utility and erosion control plans for review by the City Engineer and Watershed District. 4. Obtain approval of plans from the Watershed District. 5. 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. Prior to building permit issuance for the property, the applicant shall 1. Provide a photometric plan consistent with 0.5 foot candles at the property line, light poles not greater than 25' with downcast cut-off fixtures. 2 Area Location Map - Climatech Site Address: 6950 Washington Avenue, Eden Prairie, MN I 1 / • deW \ ra i ri - City Boarder Air e 'C . -----2. City of Edina West 69th Street `\ Washington Avenue South \ x, \ SIT I� LShady Oak Road] Highway #169 I N / ) A 0 45 6',0 1,380 Feet Guide Plan Map - Climatech 6950 Washington Avenue South, Eden Prairie, MN 55344 / / / lir City Boundary I - West 69th Street P 11111 Washington Avenue South City of Edina Shady Oak Road i r _mi. __ City of Eden Prairie and Ls - Guide AI Plan Map 000-2030 Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre - 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 12Z Town Center '•i . . +;. ,i -B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 nMedium Density Residential/Office - Park/Open Space —Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 DATE Revised 11-07-05 DATE Revised 06-01-07 EDEN I High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 02-23-06 DATE Revised 10-01-07 Minor Collect or DATE Revised 03-23-06 DATE Revised 03-01-08 nAirport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Y// Office/Industrial Open Water u7,7 ve•woRK•DREAM 2 Office/Public/Open Space Right-Of-Way 570 285 M Oogamm�Me moe.m_o.„®o ..o.a„ o. .,o.:b70mrFeet - Industrial Q CityLimits Zoning Map - Climatech 6950 Washington Avenue South Eden Prairie, MN 55344 /,- i OJ U z 169\\,\ \\ / West 69th Street / -, illi Washington Avenue S. W COTH Sf • SITE as 14/iG t-I CT -------------- Shady Oak Road I / \ Ci : 11Edina / • City Boundary of den Prairie Zoni � 114 ��co 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-2Acre Min, ® 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. ^Industrial Park-5 Acre Min. EDEN -RM-2.5 Multi-Family-17.4 U.P.A.max. -General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial 1-1 GolfCourse 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_o...m..=..m._..®.I..o.a.,a ..o...zn,..m ,..,,mo, Aerial Map: Climatech Address: 6950 Washington Avenue South Eden Prairie, Minnesota 55344 'AV ILAN-- ... ,. ,L • . N; ; 1 • ._ ' y _ :. I - `— / b ' !" , ■ - ^ 4- j ,ice Z pr T, •• ik• '-,. • *fir ..• : .760 Allidf zL., : ,............_.., , . i- ff _ . J _ _ ,. ., , 1. -- 1_ :. 3 .i i ',.,4, ,..,.. ., ��, '' �i s E I �, West 69th Street - -- =`� - I 1._ 43 4 - � r..-sr W 69TH ST -r \ . Washington Avenue South �, Q , I J M .� ar� � - `lam .. _' - L i: EN 4 SITE W 70TH ST ; ,- -i - - ..i-.;. . : -='t .of Edirr.".. • . _ / s Shady Oak Road i ill! 0.�r1:.,I.r:..- . •r •,, ._ • .__....,,.....__. ....•..... .. . . _ - _hw ,: .: , A ..._ ,.. 0 2:5 570 . - � I / T- ../.,./ MEMORANDUM II 1000 Twelve Oaks Center Drive Tel 952.426.7400 ' f, ' Suite 200 Fax 952.426.7440 MOHAGEN HANSEN Wayzata, MN 55391 www.mohagenhansen.com A«F'tettu,a Int'N°rs G3CCC M��,l Date: April 13, 2016 Memo To: Julia Klima, AICP Plannlnc7 C7�pa�fit.rnent City Planner City of Eden Prairie APR From: Stephen M. Oliver Lity of Eden �raitre Project;Architect Project: Climatech Renovation 6950 Washington Avenue South MH Project No. 15413.0ROC General Description: The project involves the purchase and renovation of an existing building and property located at 6950 Washington Ave. South, Eden Prairie, MN 55344. The building includes 93,880 square feet and will house Climatech's corporate offices as well as manufacturing and warehouse space. Climatech is an Employee-owned company and has been in the market to establish a home that will not only provide a branding statement for employees and customers, but also provide much-needed efficiency improvements in manufacturing flow and energy usage. Climatech's emphasis on lean manufacturing has been hampered by its own organic growth in an existing leased space of 85,000 square feet. The project includes both interior and exterior renovation to provide the client with new office and production space that will meet the demands for workflow and efficiency and to provide a facelift for the 1970's vintage building. The exterior improvements will include new entry features for the east, main entry as well as for three employee entry points on the north. New windows will be installed in unused overhead door locations and a new set of loading dock doors will be developed centrally on the north side to serve the two major production departments—fabrication and extrusion. On the south side of the building, new windows and façade treatments will be developed as a part of the employee break area. The west facade will not undergo any demolition or gain any new features, but will be painted to match the adjacent north and south facades. Site improvements include a new visitor parking area on the east, upgrades to lot striping generally, rain gardens and landscape enhancements to bring the site into compliance with current site standards. As a critical component of Climatech's operations, a 35'tall raw material silo will be installed on the north side of the building and will be fully screened with decorative cladding that will match the cladding details used at the new entry points around the building. In this redevelopment effort, the team wishes to develop a new look and image for the property and for Climatech so as to promote and celebrate the brand as well as to promote and celebrate the resurrection of a rundown and underutilized commercial property. To that end, the design team believes heavy screening in the front of the building runs contrary to the ideas of renovating, reusing, and repurposing existing sites, as well as showing the community and clients a strong message of promoting businesses within the City. Allowing a company to show off its new look and provide an enjoyable entry experience for its customers and clients is very important. The approach taken and documented in the submittal drawings offers the following for the east or front facade on Washington Ave. S.: • Allow open views from the road to the front door to promote easy wayfinding and direction for visitors, as well as present a new, modern public image. Safety and security is also enhanced with better visibility. MOHAGEN HANSEN Architecture I Interiors Memorandum Climatech Renovation April 13, 2016 Page 2 of 4 • Use year-round shrubs (boxwood hedge) directly in front of the limited visitor parking, to a height of approx, 4', to allow a generally unobstructed view to the new door/entrance/canopy, yet screening the car parking. This accomplishes the city's main concern, which is to screen cars from the public street whenever possible. • Use larger evergreens at the building corners to better frame this side of the building, as well as partially screen the adjacent building and larger employee parking areas behind. • Use colorful ornamental trees at the building corner closest to the entrance drive to better attract the visitors eye toward the front of the building rather than down the side (employee section). • Use a large rain garden along the front of the property for storm water control (infiltration), as well as provide a native foreground planting display for the building main entrance. • Augment the new entrance and loop island with additional native perennial material, as well as hardy shrub roses, to relate to the rain garden, but planted in a more formal style to relate to the modern forms of the new entrance/canopy, Our team believes this approach accomplishes the intent of the city ordinance while also promoting building renovation and revitalization while achieving the goals the owner has for visibility and operations alike. Property Data: City Guide Plan Framework: Guided as Industrial use and will remain as such. Zoning: 1-5. Variances Requested: None. Existing Land Use: Industrial. Phasing and Construction Schedule: It is the intent of the contractor to start renovation activities in the spring of 2016 with occupancy of the building being expected in September of 2016, Climatech will take 4 months to move and set up in the new building, with plans to be fully operational at the end of 2016. Development Method: Climatech will be the building owner and will contract directly with Rochon Corporation for all construction work. Legal Instruments, association documents, easements, covenants, and restrictions: There are no specific legal instruments in play for this project, although consideration for expanding a utility easement at the city's request is pending. Building Use Profile: refer to drawings Building Area: 93,880 GSF— includes office, warehouse and manufacturing spaces. Site Area: 304,886 SF Floor Area Ratio: .29 Base Area Ratio: .29 IIU = o ` IQ) Parking: 189 parking stalls required. 186 provided, with 17 stalls as proof of parking, for a total of 203_p tential stalls, Planning Department APR 1 3 2016 MOHAGEN HANSEN Architecture I Interiors City of Fden Prairie Memorandum Climatech Renovation April 13, 2016 Page 3 of 4 Signage: The existing monument sign will be remodeled with new graphics and materials to match the building features. The signs at the east entry and northeast employee entry will be channel frame type letters, internally lit. Refer to the 3D renderings for the locations of wall mounted signs. Lighting: The existing site lighting on the north will remain and will be reused in place as the parking configuration is essentially the same. Site lighting for the east parking lot will likely be developed from building mounted fixtures at existing locations or from a single pole mounted fixture, depending on how the existing fixtures perform. Transportation: Refer to separate TDM and Traffic Plan Summary documentation. Environmental Assessment: The Owner has submitted the Phase 1 Environmental Survey to the city directly, as of 3/11/16. The report indicates there to be approximately 48 square feet of asbestos containing gray 12"x12" floor tile and mastic in the building, No other hazardous materials or other environmental hazards were found on the site. Shoreland Ordinance/Floodplain Restrictions: Not applicable. w( I Lf Airport Zones: t' Not applicable. Plannin=;7 [;�partment Disposition of Excess Land: APR 2016 Not applicable. City of Eden Prairie Limits of Disturbance: Refer to civil drawings. Transportation: Refer to separate TDM and Traffic Plan Summary documentation. Stormwater Management: The Climatech site improvements will include upgraded stormwater infrastructure to meet stormwater requirements for water quality, volume and rate control standards set by the Nine Mile Creek Watershed District and City of Eden Prairie. This is mainly achieved through the construction of an infiltration basin on the south east side of the site. Please see the Stormwater report prepared for this project for more detailed design information. Water and Wetlands: Refer to separate wetland report for in depth information. The desktop review of the Assessment Area identified one potential wetland along the west boundary of the Assessment Area. The potential wetland area is shown on the NWI map (Figure 4), with the boundaries of the wetland extending across the west boundary of the Assessment Area. This potential wetland is also shown on the City of Eden Prairie Water Body Location Diagram and identified as Basin ID 01-44-A (Figure 6).The boundaries of the potential MOHAGEN HANSEN Architecture I Interiors Memorandum Climatech Renovation April 13, 2016 Page 4of4 wetland area on the City Water Body Location Diagram do not extend into the Assessment Area. The desktop review did not identify any other potential wetlands on the Assessment Area. The field survey identified one potential wetland along the west boundary, which corresponds to the NWI mapped wetland and City Wetland ID 01-44-A. The east boundary of this potential wetland generally follows the toe of the fill slope along the lot line and is located at an elevation of approximately 867 ft. msl (Figure 5). The estimated boundary of this potential wetland is located 40 to 50 feet west of the west of the Assessment Area property. Wildlife: This industrial/office site has been developed since the 1970's. There is no specific wildlife present or impacted by the scope of this:project. Soils: Refer to soil boring report. Existing Structures: The existing building, built in the 1970's, will remain on the site and will be modified as needed to accommodate the needs of the new owner and their specific operations. There are no abandoned or historic structures on the site. Steep Slopes and Bluffs: Not applicable. Owner: Climatech is purchasing the building from the seller for their own use, Developer: Rochon Corporation is serving as the General Contractor for the project, but there is no "developer" involved in the project, which is a build-to-suit project. Financing: Climatech is pursing private financing for site and building improvements. The financing package is not finalized. Land and Building Use Profile As an owner-occupied building,the building will be 100% used by Climatech, solely for their business operations. hD Planning i'-?r',97'oarnent APf� �. 3Z616 City of Eden Prairie K:\Jobs\Rochon\Climatech_Renovation_15413\01_Admin\Corres\15413_Cirnatech_Project Narative.docx MOHAGEN HANSEN Architecture I Interiors UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,APRIL 25, 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, Mark Freiberg, Tom Poul CITY STAFF: Julie Klima, City Planner Rod Rue, City Engineer Matt Bourne, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE—ROLL CALL Vice Chair Pieper called the meeting to order at 7:00 p.m. Poul and Stoltz were absent. III. APPROVAL OF AGENDA MOTION: Wuttke moved, seconded by Higgins, to approve the agenda. Motion carried 7-0. IV. MINUTES A. PLANNING COMMISSION MEETING HELD ON APRIL 11, 2016 MOTION: Kirk moved, seconded by Farr, to approve the Planning Commission Minutes. Motion carried 7-0. V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS A. CLIMATECH RENOVATION Location: 6950 Washington Ave S Request for: PLANNING COMMISSION MINUTES April 25, 2016 Page 2 • Site Plan Review on 6.98 acres Beverly Lexvold, Director of Operations with Climatech Renovation introduced herself Peter Coil, attorney representing Climatech Renovation, presented the proposal. He stated their plan would be to recast the existing building. Their business is currently located in Hopkins and they would like to relocate to Eden Prairie in the location of the proposal. He utilized the overhead projector to show what the existing building would look like. They would like to update the building both in the interior and exterior. For the exterior portion, it would be re-skinned to give it a contemporary look. The original parking lot would be re-configured to accommodate the new loading dock doors. Climatech would need 189 parking stalls and the new plan includes 203 parking stalls, of which 17 would be in the proof of parking. There would be a new office and visitor parking entrance in the southeast portion of this site. There will also be a rain garden structure added for storm water and they will upgrade the landscaping. There will also be a silo structure added to this site,but will have a screening wall around it. Vice Chair Pieper asked Klima to review the staff report. Klima said this is for a site plan approval with dock doors, landscaping,proof of parking and an exterior silo, which will be screened. The project proponent did an excellent job on this and staff recommendation is for approval based on the staff report. Higgins asked in regards to the windows what the metal extension was. Mr. Coil was unable to answer that question. Farr said it was most likely used for sun screening. Vice Chair Pieper opened the meeting up for public input. There was no input. Farr asked if there was going to be a re-plat. Klima said there was not going to be a re-plat. Farr commented he thought this was an excellent example of upgrading a building in the Golden Triangle Area. MOTION: Kirk moved, seconded by Higgins, to close the public hearing. Motion carried 7-0. MOTION: Kirk moved, seconded by Higgins, to recommend approval of the Site Plan Review on 6.98 acres based on plans stamp dated April 13, 2016 and the information included in the staff report dated April 19, 2016. Motion carried 6-0, Wuttke abstained. PLANNING COMMISSION MINUTES April 25, 2016 Page 3 VIII. PLANNERS' REPORT IX. MEMBERS' REPORT X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION: Weber moved, seconded by Wuttke, to adjourn the Planning Commission meeting. Motion carried 7-0. Chair Stoltz adjourned the meeting at 7:15 p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims May 24, 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 246223 - 246574 Wire Transfers 1013877 - 1014049 Wire Transfers 5754 - 5774 City of Eden Prairie Council Check Summary 5/24/2016 Division Amount Division Amount 193,421 304 Senior Board 195 100 City Manager 878 308 E-911 436 101 Legislative 1,740 309 DWI Forfeiture 18,441 102 Legal Counsel 48,138 315 Economic Development 27,761 110 City Clerk 1,660 445 Cable PEG 6,164 111 Customer Service 7,773 502 Park Development 3,979 112 Human Resources 998 509 CIP Fund 3,507 113 Communications 15,557 522 Improvement Projects 2006 3,965 114 Benefits&Training 19,214 528 Shady Oak Rd-CR 61 North 374 130 Assessing 1,027 529 Shady Oak Rd-CR 61 South 1,593 131 Finance 150 530 Pool Upgrade/Expansion 132 Housing and Community Services 16,909 531 Eden Prairie Road 1,793 133 Planning 1,019 534 WEST 70TH ST.EXTENSION 798 136 Public Safety Communications 2,324 535 TC Station/NS Road 2,866 137 Economic Development 309 536 General LRT 72,513 138 Community Development Admin. 169 804 100 Year History 403 151 Park Maintenance 70,890 Total Capital Projects 144,788 153 Organized Athletics 15,819 154 Community Center 38,395 601 Prairie Village Liquor 180,311 156 Youth Programs 3,645 602 Den Road Liquor 258,356 157 Special Events 400 603 Prairie View Liquor 199,879 158 Senior Center 2,903 605 Den Road Building 1,738 159 Recreation Administration 1,000 701 Water Fund 195,510 160 Therapeutic Recreation 680 702 Sewer Fund 23,204 162 Arts 192 703 Storm Drainage Fund 25,498 163 Outdoor Center 3,779 Total Enterprise Fund 884,495 164 Park Rental Facilities 452 168 Arts Center 350 316 WAFTA 50 180 Police 37,000 803 Escrow Fund 1,814 184 Fire 15,873 806 SAC Agency Fund 9,940 186 Inspections 2,485 807 Benefits Fund 771,543 200 Engineering 10,802 809 Investment Fund 9,081 201 Street Maintenance 15,938 812 Fleet Internal Service 157,608 202 Street Lighting 72,341 813 IT Internal Service 87,827 Total General Fund 604,229 814 Facilities Capital ISF 207,977 815 Facilites Operating ISF 53,869 301 CDBG 7,256 816 Facilites City Center ISF 164,111 303 Cemetary Operation 20 817 Facilites Comm.Center ISF 96,713 312 Recycle Rebate 295 Total Internal Svc/Agency Funds 1,560,534 Total Special Revenue Fund 7,571 Report Total 3,202,667 438 G.O.Bonds(SCBA)2011B 525 441 2012A G.O.Refunding Bonds 525 Total Debt Service Fund 1,050 City of Eden Prairie Council Check Register by GL 5/24/2016 Check# Amount Supplier/Explanation Account Description Business Unit Comments 246270 254,918 HEALTHPARTNERS Accounts Receivable Health and Benefits Premiums May 2016 5763 252,864 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes 246471 189,976 CENTRAL ROOFING COMPANY Other Contracted Services Facilities Capital Den Road Bldg Roof 5761 155,102 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 1014049 144,393 XCEL ENERGY Electric Public Safety Communications Electric bills for multi locations 5774 111,480 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture MN Dept of Rev-Sales tax 1014042 111,320 TOWMASTER INC Equipment Parts Capital Impr/Maint Fixed New#168 Plow equipment 5766 102,737 MINNESOTA DEPT OF REVENUE Sales Tax Payable General Fund MN Dept of Rev-Sales tax 246276 94,327 HENNEPIN COUNTY TREASURER Licenses&Taxes City Hall-Direct Costs 246514 68,761 METRO TRANSIT Design&Engineering TC Station/NS Road 5757 58,764 US BANK Building Repair&Maint. Sewer System Maintenance 246407 53,398 NELSON AUTO CENTER,INC Autos Utility Operations-General 1013939 52,381 MIDWAY FORD Autos Police 1013907 50,495 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Rehab 246391 43,940 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 5764 34,146 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 5765 31,078 EMPOWER Deferred Compensation Health and Benefits 1013904 30,393 CENTERPOINT ENERGY SERVICES INC Gas Water Treatment Plant 1013903 27,147 CDW GOVERNMENT INC. Hardware-Rpr&Mtc IT Operating 1014020 26,939 DIVERSE BUILDING MAINTENANCE Tenant 1-Janitor Service Prairie Village Liquor Store 246552 26,015 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 246537 25,242 RANGER Autos Police 246279 24,375 HOME TITLE Other Contracted Services TIF-EDEN SHORES SENIOR HOUSING 1013977 23,775 SHI CORP Software IT Operating 246426 23,737 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 246510 23,265 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 246286 22,271 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 246348 22,232 ABM ONSITE SERVICES-MIDWEST Janitor Service City Hall-CAM 1013961 21,191 FRONTIER PRECISION INC Capital Under$25,000 Utility Operations-General 1014015 20,969 WSB&ASSOCIATES INC Other Contracted Services Capital Impr/Maint Fixed 246285 20,145 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 246379 19,850 GREEN ACRES SPRINKLER COMPANY Improvements to Land Capital Outlay Parks 246373 19,805 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 246323 19,370 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Other Contracted Services Public Safety Training Facilit 246390 18,181 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 246316 18,072 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 246288 17,960 JP MORGAN CHASE BANK N A Miscellaneous DWI Forfeiture 1014034 17,535 PEARSON BROTHERS INC Sweeping Storm Drainage 246325 16,941 SOUTHERN WINE&SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 246262 16,902 GENERAL OFFICE PRODUCTS COMPANY Office Supplies Pool Maintenance 1014036 16,342 REINDERS INC Chemicals Park Maintenance 246509 15,941 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 1014041 15,559 THORPE DISTRIBUTING Liquor Product Received Den Road Liquor Store 246465 15,409 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 5772 14,788 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 246298 14,708 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 1014046 14,515 WALL TRENDS INC Supplies-General Bldg Ice Arena Maintenance 246436 14,321 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance 246317 14,030 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 246283 13,932 INTEGRITY REMODELING&DESIGN GROUP LLC Capital Under$25,000 Police 246234 13,868 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 5769 12,970 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 246409 12,874 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation Check# Amount Supplier/Explanation Account Description Business Unit Comments 246495 12,509 GRAYMONT Treatment Chemicals Water Treatment Plant 1013923 11,962 THORPE DISTRIBUTING Liquor Product Received Prairie View Liquor Store 246466 11,389 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 246460 11,013 BERGERSON-CASWELL INC Equipment Repair&Maint Water Wells 1013890 10,086 INTEREUM INC Building CmtyCtr Pool Upgrade/Expansion 246374 10,000 GENERAL CORROSION CORPORAITON Design&Engineering Engineering 246515 9,841 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 5768 9,728 SELECT ACCOUNT HSA-Employer Health and Benefits 246355 9,708 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Den Road Liquor Store 1013933 9,600 BRAUN INTERTEC CORPORATION Testing-Soil Boring Capital Impr/Maint Fixed 246532 9,574 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1013966 9,491 HEWLETT-PACKARD COMPANY Computers IT Operating 246235 9,225 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 246227 9,081 ADVANTUS CAPITAL MANAGEMENT INC Interest Investment Fund 5770 8,707 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 246525 8,360 NORTHLAND RECREATION LLC Landscape Materials/Supp Park Maintenance 1013964 8,334 HANSEN THORP PELLINEN OLSON Other Contracted Services Capital Maint.&Reinvestment 246354 7,923 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 246569 7,903 WELSH COMPANIES Other Contracted Services Facilities Capital 1013976 7,875 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 246399 7,716 MINNESOTA DEPARTMENT OF EMPLOYMENT Unemployment Compensation Organizational Services 1014038 7,632 SHI CORP Software Maintenance IT Operating 246524 7,481 NAC Other Contracted Services Facilities Capital 246438 7,442 VISION TECHNOLOGY SOLUTIONS,LLC Other Contracted Services Communications 246414 7,108 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1013971 6,818 METRO SALES INCORPORATED* Other Rentals IT Operating 246223 6,742 3D SPECIALTIES Asphalt Overlay Street Maintenance 1013916 6,640 PRAIRIE ELECTRIC COMPANY Contract Svcs-Fire/Life/Sfty City Hall-CAM 246396 6,618 METRO TRANSIT Design&Engineering TC Station/NS Road 1013981 6,481 THORPE DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 246477 6,407 CRETEX SPECIALTY PRODUCTS Repair&Maint.Supplies Sewer System Maintenance 1013911 6,307 MITY-LITE INC Capital Under$25,000 Fitness/Conference-Cmty Ctr 246403 6,300 MN MECHANICAL SOLUTIONS INC Equipment Repair&Maint Water Treatment Plant 246541 6,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications 246340 5,873 VALLEY RICH CO INC Equipment Repair&Maint Water System Maintenance 246295 5,703 LEAGUE MN CITIES INS TRUST Insurance Claims Utility Operations-General 5759 5,685 SELECT ACCOUNT HRA Health and Benefits 1013900 5,551 A-SCAPE INC Contract Svcs-Snow Removal Fire Station#5 246324 5,500 SOUTHDALE YMCA Refunds CDBG-Public Service 246422 5,403 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Improvement Projects 2006 246357 5,403 CARVER COUNTY LICENSE CENTER Autos Park and Recreation 246236 5,260 BWS HEATING&AIR CONDITIONING Contract Svcs-HVAC Park Shelters 1013974 5,231 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance 1013951 5,153 ADVANCED ENGINEERING&ENVIRONMENTAL SE Design&Engineering Sewer Liftstation 1013929 5,100 XCEL ENERGY Electric Prairie Village Liquor Store 5756 5,062 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 246551 5,000 SOUTHDALE YMCA YOUTH DEVELOPMENT PROGRAM Other Contracted Services Housing and Community Service 246311 4,823 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 246455 4,686 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1014013 4,620 VAN PAPER COMPANY Tenant 1-Cleaning Suppli City Center Operations 1013963 4,500 GRANICUS INC Other Hardware Cable PEG 246484 4,192 EDUCATION AND TRAINING SERVICES Instructor Service Utility Operations-General 1013888 4,158 GUNNAR ELECTRIC CO INC Other Contracted Services Street Lighting 246378 4,135 GRAYMONT Treatment Chemicals Water Treatment Plant 246264 4,108 GRAYMONT Treatment Chemicals Water Treatment Plant 246483 3,875 EDEN PRAIRIE EARLY CHILDHOOD Other Contracted Services Housing and Community Service 246503 3,844 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 1013899 3,827 WENCK ASSOCIATES INC Design&Engineering Storm Drainage 246472 3,771 CENTURYLINK Computers Cummins Grill 246392 3,770 JOHNSON CONTROLS Other Contracted Services Pool Maintenance 246562 3,735 VALLEY RICH CO INC Equipment Repair&Maint Water System Maintenance 246384 3,707 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 246432 3,693 TKO WINES,INC Liquor Product Received Den Road Liquor Store 246310 3,629 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1013877 3,625 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fitness/Conference-Cmty Ctr 246278 3,618 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 246413 3,491 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 246352 3,434 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 246252 3,386 EHLERS&ASSOCIATES INC Other Contracted Services TIF-COLUMBINE ROAD HOUSING 5771 3,367 AMERICAN EXPRESS Bank and Service Charges Finance 246508 3,240 INTERTECH INC Contract Development IT Operating 1013969 3,214 JEFFERSON FIRE&SAFETY INC Protective Clothing Fire 246530 3,214 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1013937 3,120 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 246229 3,108 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 246249 3,095 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 1014032 3,070 ON CALL SERVICES Operating Supplies Day Care 246570 3,029 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 246313 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 1013921 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Wells 1013901 2,922 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station#3 1013881 2,896 CHEMSEARCH Supplies-Plumbing City Hall-CAM 1013954 2,865 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 1013897 2,824 VAN PAPER COMPANY Cleaning Supplies Park Shelters 246526 2,618 NVR SURFACES LLC Other Contracted Services Facilities Capital 246351 2,590 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 246415 2,587 PRAIRIE EQUIPMENT COMPANY Repair&Maint.Supplies Water System Maintenance 1013948 2,525 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 246557 2,462 TKO WINES,INC Liquor Product Received Prairie Village Liquor Store 246451 2,402 ACCELERATED TECHNOLOGIES LLC Capital Under$25,000 Ice Operations 246343 2,382 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1013909 2,375 MENARDS Small Tools Water System Maintenance 246481 2,337 E A SWEEN COMPANY Merchandise for Resale Concessions 1013999 2,297 MCGINTY-VANSICKLE,PATTI Tuition Reimbursement/School Organizational Services 1014047 2,266 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 1013984 2,187 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 246505 2,115 HRD CONSULTING Conference/Training Fire 246533 2,113 PINE PRODUCTS INC Landscape Materials/Supp Park Maintenance 1013956 2,100 CLAUDE'S CERAMIC TILE INC Contract Svcs-General Bldg Dunn Brothers 1014023 2,089 GRAINGER Repair&Maint.Supplies Fitness/Conference-Cmty Ctr 1013998 2,055 JOHNSON,TROY Tuition Reimbursement/School Organizational Services 246385 2,027 HOME DEPOT CREDIT SERVICES Supplies-Plumbing Dunn Brothers 246224 2,000 A.M.PHOTOGRAPHY Other Contracted Services Communications 246306 2,000 NORATEK SOLUTIONS INC Software Maintenance IT Operating 246441 1,948 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 246389 1,924 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 246440 1,923 WELSH COMPANIES Other Contracted Services Public Works/Parks 246516 1,863 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions 246488 1,838 FIRE SAFETY USA INC Equipment Repair&Maint Fire 246519 1,800 MINNESOTA POST BOARD Licenses&Taxes Police 246542 1,800 SCOTT NELSON COACHING INC Training Supply-Weekly Fire 5755 1,781 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 5754 1,766 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 246301 1,699 MIDWEST COCA COLA BOTTLING COMPANY Merchandise for Resale Concessions Check# Amount Supplier/Explanation Account Description Business Unit Comments 246328 1,675 STATE OF MINNESOTA Autos Police 1013928 1,653 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 246333 1,617 TACTICAL SOLUTIONS INC Equipment Repair&Maint Police 1014019 1,613 CENTERPOINT ENERGY Gas Sewer Liftstation 246342 1,575 WELLS FARGO BANK MINNESOTA NA Paying Agent 2012A GO Refunding Bonds 1014028 1,567 LANDS END CORPORATE SALES Clothing&Uniforms Police 1014037 1,545 SENIOR COMMUNITY SERVICES Refunds CDBG-Public Service 1014014 1,523 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 246383 1,519 HIGHWAY 5 BP Operating Supplies Police 1014025 1,511 HANSEN THORP PELLINEN OLSON Other Contracted Services Sewer Capital 246363 1,500 DAKOTA COUNTY TECHNICAL COLLEGE Tuition Reimb-College Core Fire 246480 1,462 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 246326 1,449 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 246427 1,449 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 246553 1,449 SPARTAN STAFFING LLC Other Contracted Services Park Maintenance 1014021 1,430 DREW'S CONCESSIONS LLC Capital Under$25,000 Concessions 246520 1,405 MINNESOTA SAFETY SERVICES LLC Other Contracted Services Pool Operations 246457 1,404 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 246428 1,397 STAPLES ADVANTAGE Office Supplies Customer Service 1013952 1,396 ANCHOR PAPER COMPANY Office Supplies Police 1013892 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM 246468 1,311 CALIFORNIA CONTRACTORS SUPPLIES INC Repair&Maint.Supplies Utility Operations-General 1013962 1,262 GRAINGER Repair&Maint.Supplies Water Metering 246489 1,250 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 246424 1,241 SITEONE LANDSCAPE SUPPLY,LLC Landscape Materials/Supp Miller Park 1014000 1,202 METROPOLITAN FORD Equipment Parts Fleet Operating 246461 1,200 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 246329 1,185 STOP STICK LTD. Capital Under$25,000 Police 246494 1,178 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 1013898 1,167 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 246273 1,154 HENNEPIN COUNTY I/T DEPT Software Maintenance Public Safety Communications 246473 1,145 CENTURYLINK Telephone IT Operating 246296 1,124 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 1014016 1,099 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 246547 1,074 SITEONE LANDSCAPE SUPPLY,LLC Landscape Materials/Supp Park Maintenance 1014024 1,072 GRANICUS INC Equipment Repair&Maint Cable PEG 246375 1,067 GENERAL OFFICE PRODUCTS COMPANY Office Supplies Utility Operations-General 1013957 1,060 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 1013902 1,018 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1013914 1,007 NUCO2 INC Supplies-Pool Pool Maintenance 246456 1,000 ARVIG Fiber Lease Payments IT Operating 246397 995 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Concessions 1013924 992 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 1013985 982 XCEL ENERGY Contract Svcs-Electrical Miller Park 246564 967 VINE LINE DISTRIBUTION LLC Liquor Product Received Prairie View Liquor Store 246555 963 SPOK,INC. Pager&Cell Phone IT Operating 246518 939 MINNESOTA PIPE AND EQUIPMENT* Equipment Parts Water System Maintenance 246536 902 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Hall-CAM 246548 881 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 1014048 870 WM MUELLER AND SONS INC Landscape Materials/Supp Street Maintenance 246410 867 NORTHERN LIGHTS DISPLAY Operating Supplies Wine Club/Events 1013972 864 NUCO2 INC Supplies-Pool Pool Maintenance 246320 854 SCHONSTEDT INSTRUMENT COMPANY Equipment Repair&Maint Water System Maintenance 246408 851 NORTH CENTRAL INTERNATIONAL Equipment Repair&Maint Fleet Operating 246377 844 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 246419 830 RETROFIT COMPANIES,INC,THE Supplies-Electrical Prairie Village Liquor Store 1014027 813 KIDS TEAM TENNIS LLC Instructor Service Tennis Check# Amount Supplier/Explanation Account Description Business Unit Comments 1013992 798 BRAUN INTERTEC CORPORATION Testing-Soil Boring WEST 70TH ST.EXTENSION 1013926 797 WALL TRENDS INC Contract Svcs-Gen.Bldg City Center Operations 246338 777 US BANK Other Contracted Services Health and Benefits 246253 760 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 1014026 758 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 1013891 757 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment Plant 246528 736 ONCE UPON A STAR Instructor Service Preschool Events 246331 733 SYMBOLARTS Operating Supplies Safety Camp 1013983 698 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 246308 697 OLYMPIC HILLS GOLF CLUB Miscellaneous Internal Events 246467 697 BUCHIREDDYGARI PRATHIMA Deposits-P&R Refunds Community Center Admin 246255 689 EXECUTIVE OCEAN Awards City Council 1013882 689 CLAREY'S SAFETY EQUIPMENT Equipment Repair&Maint Emergency Preparedness 246334 674 TASER INTERNATIONAL Clothing&Uniforms Police 1013906 673 GRAINGER Repair&Maint.Supplies Housing and Human Svcs 246346 667 PETTY CASH Mileage&Parking Police 1014018 665 CDW GOVERNMENT INC. Hardware-Other IT Operating 246506 663 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 246507 660 INDOFF INCORPORATED Office Supplies Customer Service 246259 658 FREEVEND TECHNICAL SERVICES Equipment Repair&Maint Concessions 246321 654 SEASONAL SERVICES ON LAKE MINNETONKA Other Contracted Services Smetana Park 246458 652 BAUHAUS BREW LABS,LLC Liquor Product Received Prairie Village Liquor Store 246402 625 MN CIT OFFICERS ASSOCIATION Tuition Reimbursement/School Police 5773 613 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 1014033 606 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store 1014010 595 STONEBROOKE Autos Fleet Operating 246369 593 EDINA,CITY OF Other Contracted Services Cable PEG 1013970 591 MENARDS Operating Supplies Fleet Operating 246540 591 RIFFLAND SOLUTIONS Other Contracted Services Storm Drainage 246232 589 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 1013905 583 DMX MUSIC Other Contracted Services Den Road Liquor Store 246498 576 HD SUPPLY WATERWORKS LTD Equipment Parts Water System Maintenance 246322 576 SNAP-ON TOOLS Small Tools Fleet Operating 246251 570 EDINA,CITY OF Other Contracted Services Communications 246499 559 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 246386 558 HOPKINS SCHOOL DISTRICT ISD270 Fiber Lease Payments IT Operating 1014011 543 THE OASIS GROUP Employee Assistance Organizational Services 1013994 539 CARLSTON,BRANDON Clothing&Uniforms Police 1013973 539 OENO'S DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 246360 539 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 246353 537 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 246292 525 LACKEY,SHARI Refunds Environmental Education 1013938 521 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 1013912 515 MTI DISTRIBUTING INC Equipment Repair&Maint Park Maintenance 246332 505 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 246418 500 REMARKABLE REPTILES,THE Other Contracted Services Outdoor Center 246485 498 ENKI BREWING COMPANY INC Liquor Product Received Prairie Village Liquor Store 246567 496 WALSER CHRYSLER JEEP DODGE Autos Fleet Operating 246280 494 IDEA CREEK LLC,THE Operating Supplies Fire 246260 492 GARELICK STEEL CO INC Equipment Parts Fleet Operating 1013910 491 METRO SALES INCORPORATED* Equipment Rentals IT Operating 1013989 483 BERRY COFFEE COMPANY Merchandise for Resale Concessions 246431 480 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1014017 475 BOYER TRUCKS Equipment Parts Fleet Operating 246267 469 HALDEMANN HOMME INC Repair&Maint.Supplies Fitness/Conference-Cmty Ctr 1013927 463 WATSON CO INC,THE Merchandise for Resale Concessions 246381 460 HENNEPIN COUNTY ATTORNEY'S OFFICE Miscellaneous DWI Forfeiture Check# Amount Supplier/Explanation Account Description Business Unit Comments 246404 450 MN STATE BOARD OF ASSESSORS Dues&Subscriptions Assessing 1013886 441 FASTENAL COMPANY Small Tools Fleet Operating 246345 440 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 246464 429 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 246265 428 GS DIRECT Operating Supplies Engineering 1013946 427 VAN PAPER COMPANY Cleaning Supplies Senior Center 1013955 425 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 246443 423 DAVIS JOHN AR Utility Water Enterprise Fund 246300 416 MEDICINE LAKE TOURS Special Event Fees Trips 1013997 414 FASTENAL COMPANY Repair&Maint.Supplies Fleet Operating 1014031 410 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 246263 407 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 246474 407 CHLORINATED WATER SUPPLY Outside Water Sales Escrow 246339 407 VAISALA Other Contracted Services Snow&Ice Control 246544 403 SIGNSOURCE Signs Prairie View Liquor Store 246387 400 IN THE HEART OF THE BEAST Other Contracted Services Special Initiatives 1013965 396 HD SUPPLY FACILITIES MAINTENANCE Supplies-General Bldg City Center Operations 246416 393 PRICKETT,WILLIAM Clothing&Uniforms Inspections-Administration 246238 389 CAPREF EDEN PRAIRIE LLC Refunds Housing and Community Service 1013880 386 BOUNDLESS NETWORK Operating Supplies Community Center Admin 1013967 385 IDEAL SERVICE INC Repair&Maint.Supplies Water Treatment Plant 1013922 385 STREICHERS Clothing&Uniforms Police 1014022 382 GRAFIX SHOPPE Autos Police 246237 377 CALIFORNIA CONTRACTORS SUPPLIES INC Operating Supplies Utility Operations-General 246550 375 SOUNDS GREAT&SPECIAL SOUNDS INC Other Contracted Services Special Events&Trips 246359 372 CENTURYLINK Telephone IT Telephone 1013986 368 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Historical Buildings 246245 360 DALE GREEN COMPANY,THE Landscape Materials/Supp Capital Maint.&Reinvestment 246490 358 FRED PRYOR SEMINARS Conference/Training Street Maintenance 246470 355 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Health and Benefits 1013908 348 HD SUPPLY FACILITIES MAINTENANCE Supplies-Security Dunn Brothers 246366 347 EDEN PRAIRIE COMMUNITY EDUCATION Instructor Service Senior Center Programs 1014029 347 LOCATORS&SUPPLIES INC Patching Asphalt Street Maintenance 246228 332 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 246370 332 ENKI BREWING COMPANY INC Liquor Product Received Prairie View Liquor Store 1013960 331 FERRELLGAS Gas Dorenkemper House 246240 326 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 246258 325 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 1014003 321 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 1013995 319 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance 1014006 317 PORTA,KITTY Mileage&Parking City Clerk 246447 315 M-R SIGN CO INC Signs Park Maintenance 1013953 314 BANK BEER CO Liquor Product Received Prairie Village Liquor Store 246275 306 HENNEPIN COUNTY TREASURER Licenses&Taxes Park Maintenance 1013936 305 FASTENAL COMPANY Small Tools Fleet Operating 1013942 305 SCHLUETER,PAUL Conference/Training Fleet Operating 246546 303 SIGNSOURCE Contract Svcs-Gen.Bldg City Center Operations 246442 300 WOODBURY PUBLIC SAFETY Other Contracted Services Organizational Services 246448 300 3RD LAIR Instructor Service Camps 246504 300 HOIGAARD'S CUSTOM CANVAS Repair&Maint.Supplies Water Treatment Plant 246479 300 DEALER AUTOMOTIVE SERVICES INC Autos Police 5760 296 SELECT ACCOUNT Other Deductions Health and Benefits 1013959 292 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 246572 289 WORKS COMPUTING INC Hardware-Rpr&Mtc IT Operating 246371 289 ENVIRONMENTAL RESOURCE ASSOCIATES Laboratory Chemicals Water Treatment Plant 1013879 285 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1013996 285 CLAREY'S SAFETY EQUIPMENT Safety Supplies Customer Service Check# Amount Supplier/Explanation Account Description Business Unit Comments 1014001 284 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 5762 283 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 246433 280 TRI STATE BOBCAT INC. Landscape Materials/Supp Street Maintenance 246318 279 PRINT SOURCE MINNESOTA Operating Supplies City Council 246257 278 FLAGSHIP RECREATION Equipment Repair&Maint Park Maintenance 246256 275 FIRE SAFETY USA INC Operating Supplies Street Maintenance 246573 272 Z WINES USA LLC Liquor Product Received Prairie Village Liquor Store 246417 271 PROP-DO NOT USE United Way Withheld Health and Benefits 246299 270 MARCO INC Equipment Repair&Maint IT Telephone 246486 267 EPIC EVENT RENTAL Operating Supplies Wine Club/Events 246521 263 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 246364 257 E A SWEEN COMPANY Merchandise for Resale Concessions 246446 249 FINANCE&COMMERCE Dues&Subscriptions Economic Development 1013896 249 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Operating 246225 240 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 246362 240 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld Health and Benefits 246350 237 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 246266 236 GYM WORKS Equipment Repair&Maint Fitness Center 246401 234 MINNETONKA POLICE DEPARTMENT Clothing&Uniforms Police 246356 228 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Sfty City Hall-CAM 1013975 227 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Water Wells 1013889 226 HENKE,RONNIE Tuition Reimbursement/School Police 246420 225 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating 246398 222 MIDWEST PLAYSCAPES Equipment Repair&Maint Park Maintenance 1014040 219 STREICHERS Clothing&Uniforms Fire 246421 215 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 246500 213 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 246376 212 GERTENS Landscape Materials/Supp Street Maintenance 246412 212 PARK JEEP INC Autos Police 1013990 210 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 246226 210 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1013943 205 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 246344 200 GANDRUD,DAVID Deposits Escrow 246558 200 T-MOBILE USA Other Contracted Services Police 246425 200 SNAP-ON TOOLS Small Tools Fleet Operating 246560 194 UNITED STATES POSTAL SERVICE Postage Senior Center Admin 1013931 191 BERTELSON TOTAL OFFICE SOLUTIONS Office Supplies Utility Operations-General 246293 190 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Public Works/Parks 1013988 189 BERKBIGLER,RIK Travel Expense Fire 246394 185 KENDELL DOORS&HARDWARE INC Tenant 1- -Supplies City Hall-Direct Costs 246512 183 KEEPRS INC. Clothing&Uniforms Reserves 246482 181 EARL F ANDERSEN INC Signs Recycle Rebate 246303 180 MINNESOTA POST BOARD Licenses&Taxes Police 1013894 180 PROSOURCE SUPPLY Cleaning Supplies Pool Maintenance 246233 179 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 246307 178 OFFICE OF MN IT SERVICES Other Contracted Services Police 246254 178 EPIC EVENT RENTAL Operating Supplies Wine Club/Events 246291 175 KEEPRS INC. Clothing&Uniforms Fire 246411 171 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Utility Operations-General 1014030 171 MENARDS Operating Supplies Community Center 1013945 166 STONEBROOKE Autos Police 246319 160 SCHAFFER,PHIL Instructor Service Senior Center Admin 246549 160 SONETICS CORPORATION Equipment Repair&Maint Public Safety Communications 246502 159 HI-LINE INC Equipment Parts Fleet Operating 1013980 157 TEE JAY NORTH INC Contract Svcs-General Bldg Ice Arena Maintenance 246372 155 FIRE SAFETY USA INC Protective Clothing-Misc. Fire 246453 155 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 1014004 154 PARK SUPPLY OF AMERICA INC Supplies-Plumbing City Center Operations 246239 150 CENTER FOR SOMALIA HISTORY STUDIES Tuition Reimbursement/School Police 246314 150 PRAHA DISTRIBUTING Liquor Product Received Prairie Village Liquor Store 1013925 150 USA SECURITY Maintenance Contracts Water Treatment Plant 1013920 147 SPS COMPANIES Supplies-Plumbing Fire Station#3 1014008 146 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1013919 146 SIRCHIE FINGER PRINT LABORATORIES Operating Supplies Police 246241 146 COMCAST Equipment Repair&Maint E-911 Program 1013915 145 OSI BATTERIES INC Operating Supplies Traffic Signs 246244 145 CONTINENTAL SAFETY EQUIPMENT Repair&Maint-Ice Rink Ice Arena Maintenance 246282 141 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 246274 137 HENNEPIN COUNTY RESIDENT&REAL ESTATE Other Contracted Services Engineering 246493 136 GALCO Repair&Maint.Supplies Water Treatment Plant 246476 135 COMMERCIAL ASPHALT CO Patching Asphalt Street Maintenance 246382 133 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 1014002 132 MPX GROUP,THE Printing Police 5758 132 VANCO SERVICES Miscellaneous Community Center Admin 1013941 129 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 246269 129 HD SUPPLY WATERWORKS LTD Operating Supplies Water System Maintenance 246368 129 EDEN PRAIRIE WINLECTRIC Repair&Maint.Supplies Flying Cloud Fields 246261 125 GENERAL MACHINING INC. Equipment Parts Fleet Operating 1013930 125 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fitness/Conference-Cmty Ctr 246574 125 ZHOU LIANG Refunds Environmental Education 246571 123 WOODLAND LANE Refunds Environmental Education 1013993 121 CARLON,JOHN Mileage&Parking Utility Operations-General 246341 121 WALKER CHRYSLER JEEP DODGE Equipment Parts Fleet Operating 246449 120 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 246523 120 MUEHLBAUER,THOMAS G Other Contracted Services Community Band 246543 119 SHRED RIGHT Waste Disposal City Center Operations 1013979 118 SPS COMPANIES Supplies-Plumbing City Hall-CAM 1014007 117 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 246478 116 CUSHMAN MOTOR COMPANY INC. Equipment Parts Fleet Operating 1013913 114 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 246459 112 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 1013949 112 WSB&ASSOCIATES INC Design&Engineering Water Capital 246335 111 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 1013987 111 BATTERIES PLUS Operating Supplies Prairie Village Liquor Store 1014045 110 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 1013978 110 SPRINT Computers IT Operating 246452 108 AIM ELECTRONICS Other Contracted Services Miller Park 246450 105 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1013947 105 VANDENBERGHE,MARK Travel Expense Fire 246487 104 EXECUTIVE OCEAN Operating Supplies Heritage Preservation 246430 100 SUSA Conference/Training Utility Operations-General 246496 100 HAMBERG JULIA Refunds Environmental Education 246497 100 HARRIS NATANYA Refunds Environmental Education 246522 100 MOQUIST,LYNDON Other Contracted Services Assessing 246527 100 O'CONNOR,ANNETTE Other Contracted Services Assessing 246539 100 RIAL KRISTIN Other Contracted Services Assessing 246556 100 THOMPSON,NATE Other Contracted Services Assessing 246565 100 Vlasaty Jennifer Deposits Community Center Admin 246566 100 WALKER,TODD Other Contracted Services Assessing 246445 99 STATE OF MINNESOTA Licenses&Taxes Fleet Operating 246315 94 PRAIRIE LAWN AND GARDEN Equipment Repair&Maint Park Maintenance 246437 92 VERIZON WIRELESS Telephone E-911 Program 1014043 90 TWIN CITY FILTER SERVICE INC Building Repair&Maint. Water Treatment Plant 246358 89 CEMSTONE CONTRACTOR SUPPLY Small Tools Street Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Comments 1014009 89 SACKETT,MATTHEW Tuition Reimbursement/School Police 1013950 87 A TO Z RENTAL CENTER Building Materials Community Center 246545 86 SIGNSOURCE Office Supplies Administration 1014005 83 PARKER,WARD Operating Supplies Police 246336 82 UNIFORMS UNLIMITED Clothing&Uniforms Police 246289 80 KAISER,DAVID S Supplies-Pool Pool Maintenance 246444 80 DIERS BILL Equipment Repair&Maint Utility Operations-General 246534 80 PLEAA Training Supplies Police 246435 78 UNITED WAY United Way Withheld Health and Benefits 246231 77 AVIAN ACRES Operating Supplies Outdoor Center 1014012 77 THOMPSON JONATHAN Travel Expense Assessing 246423 75 SIGNSOURCE Signs Prairie Village Liquor Store 1013940 74 MILLENDER LARRY Mileage&Parking Aquatics Admin. 246439 73 WELLS FARGO BANK,N A Other Contracted Services Police 246462 72 BHANTE SATHI AR Utility Water Enterprise Fund 1013934 71 CARLSTON,BRANDON Clothing&Uniforms Police 246400 69 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water System Maintenance 246388 67 INDELCO PLASTICS CORP Repair&Maint.Supplies Water Treatment Plant 246365 67 EARL F ANDERSEN INC Signs Traffic Signs 246347 64 440400-NCPERS MINNESOTA PERA Health and Benefits 246297 63 MAMAC SYSTEMS INC Supplies-HVAC Fitness/Conference-Cmty Ctr 1013944 61 SHINGLES,KORI Mileage&Parking Athletic Programs Admin 246469 60 CARVER COUNTY LICENSE CENTER Licenses&Taxes Fleet Operating 246529 60 PARRISH JAMES Deposits Community Center Admin 246563 60 Veldkamp Dean E Deposits Community Center Admin 246434 59 UNIFORMS UNLIMITED Clothing&Uniforms Police 1013895 58 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1013991 58 BEUTZ,KARI Tuition Reimbursement/School Fitness Classes 246327 57 STAPLES ADVANTAGE Office Supplies Customer Service 1013958 55 DMX MUSIC Other Contracted Services Prairie Village Liquor Store 246247 53 DIRECTV Other Contracted Services Police 246242 53 COMCAST Other Broadband Internet IT Operating 246337 51 UNIVERSAL ATHLETIC SERVICES INC Equipment Repair&Maint Basketball 246302 50 MINNESOTA DEPARTMENT OF HEALTH Licenses&Taxes WAFTA 246406 50 MPPOA Printing Police 246405 45 MPCA Licenses&Taxes Sewer Utility-General 246367 44 EDEN PRAIRIE FOUNDATION United Way Withheld Health and Benefits 246290 42 KAKOOKIES Merchandise for Resale Concessions 1013917 40 PRIORITY COURIER EXPERTS Design&Engineering Capital Impr/Maint Fixed 246294 40 LAMBERTY,DAVID Deposits-P&R Refunds Community Center Admin 246312 40 PLEAA Tuition Reimbursement/School Police 246513 40 KOSTELIZ,ANGELA Deposits Community Center Admin 246531 40 PEDERSON JANE Deposits Community Center Admin 246538 40 Reinhardt-Sondrall Linda Deposits Community Center Admin 246554 40 Speck Christy A Deposits Community Center Admin 246561 40 Urbanski John A Deposits Community Center Admin 1013932 40 BOHNSACK,SUE Mileage&Parking Senior Center Admin 1013918 39 QUICKSILVER EXPRESS COURIER Other Contracted Services Shady Oak Rd-CR 61 South 246281 35 IEDITWEB INC Contract Svcs-Garden Romm Garden Room Repairs 246380 33 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Crestwood Park 1013893 32 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 5767 32 SAGE PAYMENT SOLUTIONS Bank and Service Charges Finance 1014039 32 SPS COMPANIES Supplies-Lawn Maintenance City Hall-CAM 246268 30 HART,EDMUND Conference/Training Softball 246271 30 HEALY,STEPHEN Conference/Training Softball 246284 30 JENKINS,JOEL S Conference/Training Softball 246535 30 PRAHA DISTRIBUTING Liquor Product Received Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 1013883 30 DESAULNIERS,DAN Conference/Training Softball 1013884 30 ELIASON,STEVE J Conference/Training Softball 1013885 30 FALCK,TIMOTHY R Conference/Training Softball 246277 29 HENNEPIN COUNTY TREASURER Operating Supplies-Escrow Planning 246361 27 COMCAST Other Contracted Services Police 246305 25 MINT CONDITION DETAILING INC Equipment Repair&Maint Fleet Operating 246511 25 JOHNSON CLAIRE Deposits Community Center Admin 246517 23 MINNESOTA DEPT OF HEALTH Licenses&Taxes Water Treatment Plant 1014035 22 QUICKSILVER EXPRESS COURIER Postage Planning 246230 22 AT&T MOBILITY Pager&Cell Phone Park Maintenance 246559 21 UNIFORMS UNLIMITED Clothing&Uniforms Police 246429 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 1013878 20 AMERICAN SOLUTIONS FOR BUSINESS Clothing&Uniforms Community Center Admin 246246 20 DAWSON SAM T Deposits-P&R Refunds Community Center Admin 246248 20 DODDS DUANE Deposits-P&R Refunds Community Center Admin 246250 20 DUKART,CARLETTA Deposits-P&R Refunds Community Center Admin 246272 20 HELGESON RANDI Deposits-P&R Refunds Community Center Admin 246287 20 JOHNSON MICHAEL Deposits-P&R Refunds Community Center Admin 246454 20 ANDERSON PAUL Deposits Community Center Admin 246491 20 FREER KATE Deposits Community Center Admin 246492 20 FRIE MICHAELA Deposits Community Center Admin 246568 20 WEIMAN,MAGNUS Deposits Community Center Admin 246393 20 KEEPRS INC. Clothing&Uniforms Fire 246330 18 SUTPHEN CHRISTINE Deposits-P&R Refunds Community Center Admin 246309 18 OPHOVEN SAW SERVICE Equipment Repair&Maint Senior Center Programs 1014044 17 UPS Operating Supplies Fleet Operating 246349 15 ACTIVAR PLASTIC PRODUCTS GROUP INC Repair&Maint.Supplies Water Treatment Plant 1013935 14 CUSTOM HOSE TECH Equipment Parts Fleet Operating 1013968 13 JANEX INC Janitor Service Den Road Liquor Store 246243 13 COMCAST Cable TV Fire 246501 12 HERMAN'S LANDSCAPE Operating Supplies Street Maintenance 1013982 12 UPS Equipment Repair&Maint Public Safety Communications 246304 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 246475 3 COMCAST Cable TV Fire 246463 1 BLUE TARP FINANCIAL INC Capital Under$25,000 Fleet Operating 3,202,667 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances &Resolutions May 24, 2016 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: XI.A. Robert Ellis First Reading of an Ordinance Amending City Public Works/Engineering Code Section 6.01 through 6.03 and 6.05 through 6.07, Relating to the Right-of-Way Requested Action Move to: Approve First Reading of an Ordinance Amending City Code Sections 6.01 through 6.03 and 6.05 through 6.07, relating to the right-of-way. Synopsis City Code Sections 6.01 through 6.03 and 6.05 through 6.07 are being amended to provide better controls over work performed within the right-of-way(ROW). The amended code will provide standards for private utility installation above ground and below ground. It also sets standards for site restoration,public notification and traffic control. As rights-of-way become more crowded with above and below ground infrastructure,there is an added need to improve how this space in managed. This ordinance amendment establishes expectations for how work is accomplished,where facilities can be located, and how sites must be restored upon completion. Background Information The origins of much of Chapter Six of the Eden Prairie City Code can be traced back to 1982 with substantial additions and revisions made in 2006. Recent concerns about the number of public and private utilities vying for space in the ROW and the manner in which project areas are being restored has lead to the need to amend the code to set more specific and stringent standards. In addition to a number of editorial changes,the following specific changes were made: • Permit application information requirements • Standards for underground utility installation • Standards for above ground system installations • Standards for notification of affected property owners prior to work starting • Standards for site restoration • Addressing failure to perform work in a safe and expeditious manner 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 6 RELATING TO RIGHT-OF-WAY PERMITS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 6.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 6, Sections 6.01, 6.02, and 6.03 are hereby amended by deleting Sections 6.01, 6.02, and 6.03 in their entirety and replacing them with the following: SECTION 6.01. DEFINITIONS. Except as otherwise defined in the City Code or where the context clearly indicates a contrary intent, the words and terms defined in Minnesota Statutes Chapter 169, Minnesota Statutes Chapter 237, and Minnesota Administrative Rules Chapter 7819, all as amended from time to time, shall be applicable to City Code Chapters 5, 6, 7 and 8. Wherever reference is made to an individual or position in this Chapter, it shall mean the individual or person or his/her designee. The following words, terms and phrases, as used herein, have the following meanings unless the context clearly indicates otherwise: Subd. 1. "Abandoned Facility" - a facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service; or a facility that is declared abandoned by the right-of-way user. Subd. 2. "Applicant" - any person requesting permission from the City to excavate or obstruct a right-of-way. Subd. 3. "Commercial Wireless Telecommunication Facility" - a tangible asset used to provide commercial wireless telecommunication services as defined in City Code Section 11.02, including all antennas, support devices, and telecommunications mechanical equipment including ground-mounted equipment, associated cables, and attachments. Subd. 4. "Delay Penalty" - the monetary penalty imposed by the City as a result of unreasonable delays in permitted work within the right-of-way, including but not limited to construction, excavation, obstruction, patching, or restoration. Subd. 5. "Director" -the City's Director of Public Works or his or her designee. Subd. 6. "Emergency" - a condition that poses a clear and immediate danger to life or health; may result in a significant loss of property; or requires immediate repair or replacement in order to restore service to a customer. Subd. 7. "Equipment" - any tangible asset located within the right-of-way that is used in the process of construction, installation, repair, or maintenance. Subd. 8. "Excavate" - to dig into or in any way remove, physically disturb, or penetrate any part of a public right-of-way. Subd. 9. "Facility" or "Facilities" - any tangible asset(s) in the right-of-way required to provide utility service. The term does not include facilities to the extent the location and relocation of such facilities are preempted by Minnesota Statutes Section 161.45 governing utility facility placement in state trunk highways. Subd. 10. "Ground-Mounted Equipment" — equipment used in the operation of commercial wireless telecommunication facilities that is located on the ground and protrudes above the surface elevation of the ground. Subd. 11. "High Density Corridor" - a designated portion of the public right- of-way within which telecommunications right-of-way users having multiple and competing facilities may be required to build and install facilities in a common conduit system or other common structure. Subd. 12. "Local Guide Specifications and Standard Details" - the following rules and regulations of the City: General Conditions to the Standard Specifications for Construction; Standard Detail Specifications for Sanitary and Storm Sewer Systems; Standard Detail Specifications for Watermain Systems; Standard Detail Specifications for Sanitary and Storm Sewer and Watermain Systems Excavation, Installation and Non-Pavement Restoration Procedures; and Standard Detail Specifications for Street Construction, Walkways, and Pavement Restoration. Subd. 13. "Obstruct" - to place any tangible object upon a public right-of-way so as to hinder free and open passage over that or any part of the right-of-way. Subd. 14. "Patch or Patching" - a method of pavement replacement that is temporary in nature. A patch consists of: (1) the compaction of the subbase and aggregate base, and (2) the replacement, with the same grade of material, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. Subd. 15. "Pavement" - any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with paver blocks, bituminous, concrete, aggregate, or gravel. Subd. 16. "Permit Holder" - any person to whom a permit to excavate or obstruct a right-of-way has been granted by the City. Subd. 17. "Person" - all firms, partnerships, associations, limited liability companies, corporations, and natural persons. Subd. 18. "Potholing" - excavating the area above an underground facility to determine the precise location of the underground facility without damage to it, before excavating within two feet of the marked location of the underground facility. Subd. 19. "Public Right-of-Way" - the area on, below, or above a public roadway, highway, street, cartway, bicycle lane, trail, and public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the City. Subd. 20. "Public Utility Structure" — a structure or pole supporting wires for communication or transmission of data, electricity, roadway lighting, or commercial wireless telecommunication facilities. Subd. 21. "Restore" or "Restoration" - the process by which the right-of-way and surrounding area, including pavement, foundation, surfacing, and ground vegetation are returned to the same condition and life expectancy that existed before excavation. Subd. 22. "Right-of-Way Permit" — a permit to perform work in a public right- of-way, whether to excavate or obstruct the right-of-way. Subd. 23. "Right-of-Way User" — (1) a telecommunications right-of-way user; or (2) a person owning or controlling a facility in the public right-of-way that is used or is intended to be used for providing utility service, and who has a right under law, franchise, or ordinance to use the public right-of-way. Subd. 24. "Service" or "Utility Service" - includes (1) services provided by a public utility as defined in Minnesota Statutes section 216B.02, subdivisions 4 and 6; (2) services of a telecommunications right-of-way user, including the transporting of voice or data information; (3) services provided by a cable communications system as defined in Minnesota Statutes, Chapter 238; (4) natural gas or electric energy or telecommunications services provided by a local government unit; (5) services provided by a cooperative electric association organized under Minnesota Statutes, Chapter 308A; (6) water, sewer, steam, cooling, or heating services; (7) pipeline, community antenna television, fire and alarm communications, electricity, light, energy, or power services; (8) the services provided by a public service corporation organized pursuant to Minnesota Statutes, Chapter 301B; and (9) the services provided by a district heating or cooling system. Subd. 25. "Service Lateral" - an underground facility that is used to transmit, distribute, or furnish gas, electricity, communications, or water from a common source to an end-use customer. A service lateral is also an underground facility that is used in the removal of wastewater from a customer's premises. Subd. 26. "Telecommunications Right-of-Way User" — a person owning or controlling a facility in the public right-of-way, or seeking to own or control a facility in the public right-of-way, that is used or intended to be used for transporting telecommunications or other voice or data information. Subd. 27. "Trench" - an excavation in the right-of-way having a length equal to or greater than the width of the right-of-way for the sections of roadway where the work is occurring, including a directional bore. SECTION 6.02. APPLICATION AND SCOPE. Except as otherwise stated therein, the provisions of Chapters 5, 6, 7, and 8 are applicable to all users of the streets, public ways, rights-of-way and roadways within the City, including but not limited to those owned or operated by the United States, the State of Minnesota, or any county, town, city, district, or other political subdivision located wholly or partially within the corporate limits of the City. SECTION 6.03. RIGHT-OF-WAY PERMITS. Subd. 1. Permit Required. Except as otherwise provided in the City Code, no person may temporarily or permanently obstruct or excavate any public right-of-way without first having obtained a right-of-way permit from the City. Subd. 2. Permit Applications. A. A written application for a right-of-way permit shall be submitted to the Public Works Department at least two weeks prior to the anticipated project start date. The application shall be made on a form provided by the City and shall include all required attachments, a scaled drawing showing the location and area of the proposed project and the location of all proposed facilities, a traffic control plan, a restoration plan, a timeline for the proposed project, and, if requested by the Director, a scaled drawing showing the location of all known existing facilities and a public notification plan. All such applications shall be consistent with the provisions of this Chapter and good engineering, safety, and maintenance practices shall be followed for the work or activity conducted under the right-of- way permit. B. The application shall require the applicant to defend, indemnify and hold the City harmless from all liability or claims of liability for bodily injury or death to persons, or for property damage, for those claims specified in Minnesota Rule 7819.1250, subpart 2. C. If the City has suffered any undisputed loss, damage, or expense because of the applicant's prior excavations or obstructions of the public right-of-way or any emergency actions relating thereto, the Director may require the applicant to reimburse the City for such expense before considering a new permit application for approval. D. Before granting any permit under any of the provisions of this Chapter, the Director may impose such insurance, bonding, letter of credit, cash deposit, or other financial security requirements thereon as deemed necessary to properly safeguard persons or property exposed to the work or activity. Such insurance shall also protect the City and its employees from any suit, action or cause of action arising by reason of such work or activity. E. If requested by the Director, an applicant for a right-of-way permit shall provide mapping information in accordance with Minnesota Rules 7819.4000 and 7819.4100. Subd. 3. Issuance of Permit and Conditions. Upon the Director's determination that the applicant has satisfied the requirements of this Section, the Director shall issue the right-of-way permit subject to the terms and conditions of this Chapter. The Director may impose reasonable conditions upon the issuance of the right-of-way permit and the performance of the permit holder to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. In addition, a permit holder shall comply with all requirements of local guide specifications and standard details as well as all local, state and federal laws, including but not limited to Minnesota Statutes Chapter 216D and Minnesota Rules Chapter 7560 (Gopher One Call Excavation Notice System). Subd. 4. Permit Fees. The City shall establish a right-of-way permit fee in an amount sufficient to recover City costs. The City shall impose the permit fee at the time it issues a right-of-way permit. The City, in its sole discretion, may require payment of the permit fee: (1) at the time of permit issuance; (2) within thirty(30) days of billing; or(3) through an annual billing. Failure to pay permit fees when due may result in suspension or revocation of a right-of-way permit. Permit fees paid for a permit that has been revoked by the Director are not refundable. Unless otherwise agreed to in a franchise agreement, permit fees may be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise agreement. Subd. 5. Permit Display. Right-of-way permits issued under this Chapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the Director. Subd. 6. Permit Extensions. A right-of-way permit is valid only for the area of the public right-of-way specified in the permit and for the dates specified in the permit. No permit holder may do any work outside of the area specified in the permit or begin its work before the permit start date or continue working after the permit end date. Any permit holder desiring to obstruct or excavate an area greater than that specified in the permit or desiring to perform work on dates not specified in the permit shall apply for a new or extended right-of-way permit and pay any additional fees required by the City. The permit holder shall obtain the new or extended permit before performing any work not allowed by the original permit. Subd. 7. Denial of Permit. The City may deny a right-of-way permit for failure to meet the requirements and conditions of this Section or if the City determines that the denial is necessary to protect the health, safety, and welfare of the public or when necessary to protect the right-of-way and its current use. Subd. 8. Standards for Construction or Installation. A. General Standards. Excavation, backfilling, patching, restoration, and all other work performed in the right-of-way must be done in conformance with all applicable Minnesota Statutes and Administrative Rules, including without limitation Rules 7819.5000 and 7819.5100, all requirements of the City Code, and local guide specifications and standard details that are consistent with Minnesota Statutes Sections 237.162 and 237.163. Installation of service laterals must be performed in accordance with Minnesota Rules Chapter 7560 and the City Code. The permit holder shall comply with the following additional standards when performing the work authorized under the right-of-way permit: 1. Take such precautions as are necessary to avoid creating unsanitary conditions. 2. Conduct the operations and perform the work in a manner that insures the least obstruction to and interference with traffic. 3. Take adequate precautions to insure the safety of the general public and those who require access to abutting property. 4. Notify adjoining property owners prior to commencement of work which may disrupt the use of and access to such adjoining properties. 5. Comply with the Minnesota Manual of Uniform Traffic Control Devices at all times during construction or installation. 6. Exercise caution at all times for the protection of persons, including employees, and property. 7. Protect and identify excavations and work operations with barricade flags and, if required, by a flag person in the daytime and by warning lights at night. 8. Provide proper trench protection as required by the Occupational Safety and Health Administration in order to prevent cave-ins endangering life. 9. Protect the root growth of trees and shrubbery. 10. If possible, provide for space in the installation area for other right-of-way users. 11. Maintain access to all properties and cross streets as possible during construction and installation and maintain emergency vehicle access at all times. 12. Maintain alignment and grade unless otherwise authorized by the City. Changes not approved by the City will require removal and reconstruction. 13. During plowing or trenching of facilities, a warning tape must be placed at a depth of twelve (12) inches above copper cables with over two hundred (200)pairs and above fiber facilities. 14. Below concrete or bituminous paved road surfaces, directional bore facilities must be installed in conduit of a type determined by the permit holder. 15. The placing of all facilities must comply with the National Electric Safety Code, as incorporated by reference in Minnesota Statutes section 326B.35. 16. At the direction of the Director, facilities being installed or relocated within a high density corridor shall be placed in a common conduit system or share other common structures. 17. A Minnesota licensed surveyor shall be used to locate property lines, install property pins, and replace any destroyed property pins at corners. 18. Excavations, trenches, and jacking pits off the roadway or adjacent to the roadway or curbing shall be sheathed and braced depending upon location and soil stability and as directed by the City. 19. Excavations, trenches, and jacking pits shall be protected when unattended to prevent entrance of surface drainage. 20. All backfilling must be placed in six inch (6") layers at optimum moisture and compacted with the objective of attaining ninety-five percent (95%) of Standard Proctor. Compaction shall be accomplished with hand, pneumatic, or vibrating compactors as appropriate. 21. Backfill material shall be subject to the approval of the Director. The Director may permit backfilling with the material from the excavation provided such material is acceptable to the Director. 22. Compacted backfill shall be brought to bottom of the aggregate base of the approved street section. 23. All work performed in the right-of-way shall be done in conformance with local guide specifications and standard details, unless a less stringent standard is approved by the Director. 24. Street and pedestrian traffic shall be maintained throughout construction unless provided otherwise by the permit. 25. No lugs damaging to roadway surfaces may be used. 26. Dirt or debris must be periodically removed during construction, which may require the use of a mechanical sweeper. 27. Above-ground utility markers may not be installed except as authorized by the Director. 28. Other reasonable standards and requirements of the Director. B. Standards for Installation of Underground Utilities. The permit holder shall comply with the following standards when installing facilities underground: 1. Buried fiber facilities shall be at a minimum depth of three (3) feet and a maximum depth of four (4) feet unless an alternate location is approved in advance by the Director. Buried copper facilities below concrete or bituminous paved road surfaces must be placed at a minimum depth of three (3) feet and a maximum depth of four (4) feet. Other buried copper facilities must be placed at a minimum depth of thirty (30) inches and a maximum depth of four(4) feet. 2. Crossing of streets and hard surfaced driveways shall be directional bored unless otherwise approved by the Director. 3. If construction is open cut, the permit holder must install the visual tracers within twelve (12) inches and over buried facilities. If other construction methods are used, substitute location methods will be considered. 4. The permit holder shall register with Gopher State One Call and comply with the requirements of that system. 5. Compaction in a trench shall be ninety-five percent (95%) of Standard Proctor and copies of test results must be submitted to the Director. Tests will be required at the discretion of the Director. Tests must be conducted by an independent testing firm at locations approved by the Director. The Director may require recompaction and new tests if densities are not met. 6. The facilities shall be located so as to avoid traffic signals and signs, which are generally placed a minimum of three (3) feet behind the curb. 7. When utilizing trenchless installation methods to cross an area in which a municipal utility is located, and when directed by the City, the permit holder shall excavate an observation hole over the utility to ensure that the City utility is not damaged. 8. All junction boxes or access points shall be located no closer than ten (10) feet from City hydrants, valves, manholes, lift stations, or catch basins unless an alternate location is approved by the City. 9. Underground facilities shall not be installed between a hydrant and an auxiliary valve. 10. Buried telecommunications facilities must have a locating wire or conductive shield, except for di-electric cables. 11. Buried fiber facilities must be placed in a conduit of a type determined by the right-of-way user unless the permit holder obtains a waiver from the City. C. Standards for Installation of Overhead Facilities. The permit holder shall comply with the following standards when installing facilities overhead: 1. All wires shall be a minimum of eighteen (18) feet above paved surfaces and at a location that does not interfere with traffic signals, overhead signs, or street lights. 2. Facilities shall be co-located on poles where possible. 3. Placing overhead facilities on both sides of the right-of-way is prohibited unless specifically approved by the Director. D. Trenchless Excavation. A permit holder employing trenchless excavation methods, including but not limited to horizontal directional drilling, shall follow all requirements set forth in Minnesota Statutes Chapter 216D and Minnesota Rules Chapter 7560, and shall employ potholing or open cutting over existing underground utilities before excavating as determined by the City. E. Location of Facilities. 1. Location. Placement, location, and relocation of facilities must comply with local guide specifications and standard details and other applicable laws, and with Minnesota Rules 7819.3100, 7819.5000, and 7819.5100. 2. Corridors. The City may assign specific corridors within the right-of- way, or any particular segment thereof, for each type of facility that is or, pursuant to current technology, the City expects will someday be located within the right-of-way. All right-of-way permits issued by the City involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. Facilities being installed or relocated within a high density corridor shall be placed in a common conduit system or share other common structures. 3. Limitation of Space. To protect the health, safety, and welfare of the public or when necessary to protect the right-of-way and its current use, the Director shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way. The Director shall strive to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future City plans for public improvements and development projects. F. Standards for Commercial Wireless Telecommunication Facilities. 1. Purpose and Findings. The City desires high quality commercial wireless telecommunication services to accommodate the needs of residents and businesses. At the same time, the City strives to minimize the negative impacts that commercial wireless telecommunication facilities can have on aesthetics and public safety. Due to the many services that must be delivered within its limited area, the City also strives to avoid unnecessary encumbrances within the public right-of-way. The City allows and regulates commercial wireless telecommunication facilities through performance standards and height limits as prescribed in Chapter 11, Section 11.06. The purpose of this section is to regulate the installation of commercial wireless telecommunication facilities within the public right-of-way in a manner that balances desire for service with aesthetic, public safety, and right-of-way flexibility concerns. Public rights-of-way are appropriate locations for commercial wireless telecommunication facilities that present minimal impacts (i.e. small tower attachments that do not require new poles, do not require pole extensions, and do not have associated ground-mounted equipment). Commercial wireless telecommunication facilities that require greater heights than can be afforded by existing poles in the public right-of-way and those that require ground-mounted equipment are more appropriately sited outside of the public right-of-way in accordance with the performance standards contained in Chapter 11. The City recognizes that, as wireless technology advances, some residential areas of the City may be hard to serve with wireless technology due to the lack of siting alternatives in the immediate vicinity. In such areas, where no alternative non-right-of-way locations are available, commercial wireless telecommunication facilities that require pole extensions and ground-mounted equipment will be allowed in the public right-of-way subject to the requirements of this Section, which are meant to protect the public health, safety, and welfare. 2. Commercial Wireless Telecommunication Facilities as Attachments to Existing Public Utility Structures. Commercial wireless telecommunication facilities that comply with the following requirements may be attached to existing public utility structures within the right-of- way after issuance of a right-of-way permit: (a) The commercial wireless telecommunication facility shall not extend above the top of the existing public utility structure and the height of the existing public utility structure shall not be increased to accommodate the commercial wireless telecommunication facility. (b) If the public utility structure must be replaced to structurally accommodate the commercial wireless telecommunication facility, the height of the replacement public utility structure shall not exceed the height of the existing public utility structure and the diameter of the replacement public utility structures shall not exceed the diameter of the existing public utility structure by more than 50 percent. Once the diameter of a replacement public utility structure has been increased under the provisions of this paragraph, the diameter shall not be further increased. (c) Excluding electrical meter and mounting hardware, the commercial wireless telecommunication facility shall not have an aggregate volume greater than seven (7) cubic feet and no one device shall have a volume greater than three (3) cubic feet. (d) The commercial wireless telecommunication facility shall not have any individual surface area face greater than three (3) square feet except that an individual face of a cylindrical device shall not exceed ten (10) square feet. (e) The commercial wireless telecommunication facility shall not extend outward from the existing public utility structure or arm thereof by more than eighteen (18) inches, except that an antenna one-half(1/2) inch or less in diameter may extend an additional six (6) inches. (f) The commercial wireless telecommunication facility shall include no ground-mounted equipment within the right-of-way. (g) The commercial wireless telecommunication facility shall have limited exposed cabling and mounting hardware. It shall also match the public utility structure it is attached to in color and, as close as practicable, in material and design. (h) The City may refuse to allow commercial wireless telecommunication facilities to be attached to decorative public utility facilities. (i) The commercial wireless telecommunication facility shall not interfere with public safety wireless telecommunications. (j) Commercial wireless telecommunication facilities in the right-of- way shall be removed and relocated at the City's request and at no cost to the City when the Director determines that removal and relocation is necessary to prevent interference with: (1) present or future City use of the right-of-way for a public project; (2) the public health or safety; or (3) the safety and convenience of travel over the right-of-way. (k) A commercial wireless telecommunication facility attached to an existing public utility structure shall not block light emanating from the public utility structure and shall not otherwise interfere with the original use of the public utility structure. (1) A telecommunications right-of-way user who desires to place commercial wireless telecommunication facilities on City-owned public utility structures shall enter into a license agreement with the City, upon terms and conditions required by the City, for use of space. 3. Commercial Wireless Telecommunication Facilities as Extensions to Existing Public Utility Structures or with Ground-Mounted Equipment. Commercial wireless telecommunication facilities that require increased public utility structure height or that have ground- mounted equipment may be erected in the public right-of-way only when in compliance with the following provisions and after issuance of a right- of-way permit: (a) The applicant shall demonstrate to the satisfaction of the Director that the commercial wireless telecommunication facility cannot be placed in a location outside of the right-of-way within one quarter (1/4) mile of the proposed location. (b) The extension to the existing public utility structure, including lightning rods and all other attachments, shall not exceed the height of the existing public utility structure by more than fifteen (15) feet. Once the height of a public utility structure has been increased under the provisions of this paragraph, the height shall not be further increased. (c) The extension to the existing public utility structure shall not increase the diameter of the public utility structure by more than fifty (50) percent. Once the diameter of a public utility structure has been increased under the provisions of this paragraph, the diameter shall not be further increased. (d) Excluding electrical meter and mounting hardware, the commercial wireless telecommunication facility shall not have an aggregate volume greater than seven (7) cubic feet and no one device shall have a volume greater than three (3) cubic feet. (e) The commercial wireless telecommunication facility shall not have any individual surface area face greater than three (3) square feet except that an individual face of a cylindrical device shall not exceed ten (10) square feet. (f) The commercial wireless telecommunication facility shall not extend horizontally from the existing public utility structure or arm thereof by more than eighteen (18) inches, except that an antenna one-half(1/2) inch or less in diameter may extend an additional six (6) inches, and shall not extend vertically from the top of the public utility structure by more than thirty-six (36) inches. (g) The extension to the existing public utility structure shall match the original and surrounding public utility structures in materials and color, as determined by the Director. (h) The commercial wireless telecommunication facility shall not interfere with public safety wireless telecommunications. (i) The commercial wireless telecommunication facility should have limited exposed cabling and mounting hardware. It shall also match the public utility structure it is attached to in color and, as close as practicable, in material and design. (j) The City may refuse to allow commercial wireless telecommunication facilities to be attached to decorative public utility structures. (k) A right-of-way permit for a commercial wireless telecommunication facility that has ground-mounted equipment will be issued only if the City finds the following: (i) the ground-mounted equipment will not disrupt traffic or pedestrian circulation; (ii) the ground-mounted equipment will not interfere with vehicle and pedestrian intersection sight lines; (iii) the ground-mounted equipment will not create a safety hazard; (iv) the location of the ground-mounted equipment minimizes impacts on adjacent property; and (v) the ground-mounted equipment will not adversely impact the health, safety, or welfare of the community. (1) Ground-mounted equipment associated with the commercial wireless telecommunication facility shall comply with the provisions of Code Section 11.06, subdivision 9, and shall also meet the following performance standards: (i) be separated from the nearest ground-mounted wireless telecommunication equipment installation on the same block face by a minimum of 330 feet unless the equipment is placed underground, or unless waived by the Director; (ii) if located adjacent to residential uses, ground-mounted equipment shall be limited to three (3) feet in height above grade and twenty-seven (27) cubic feet in cumulative size; and (iii) if located adjacent to non-residential uses, ground-mounted equipment shall be limited to five (5) feet in height above grade and eighty-one (81) cubic feet in cumulative size. (m) Commercial wireless telecommunication facilities in the right-of- way shall be removed and relocated at the City's request and at no cost to the City when the Director determines that removal and relocation is necessary to prevent interference with: (1) present or future City use of the right-of-way for a public project; (2) the public health or safety; or (3) the safety and convenience of travel over the right-of-way. (n) A telecommunications right-of-way user who desires to place commercial wireless telecommunication facilities on City-owned public utility structures shall enter into a license agreement with the City, upon terms and conditions required by the City, for use of space. 4. New Structures. The erection in the public right-of-way of a new public utility structure to support commercial wireless telecommunication facilities is prohibited, except where the Director determines there is a need for additional roadway lighting, emergency warning siren, or other public infrastructure that must be supported by a public utility structure. Any new public utility structure erected to support commercial wireless telecommunication facilities allowed by the City under this paragraph and any associated or attached equipment must comply with the requirements of this Section. 5. Charges. In addition to the permit fees outlined in this Chapter, the City reserves the right to charge telecommunications right-of-way users to the extent that such charges are allowed under state law. Telecommunications right-of-way users shall be responsible for payment of real or property taxes attributable to their equipment in the public right-of-way. Subd. 9. Compliance with Chapter 11. In addition to the requirements of this Section, persons placing facilities in the public right-of-way shall comply with all applicable permitting and other requirements imposed under Chapter 11 of this Code. Where the provisions of this Section are more restrictive than the provisions of Chapter 11, the provisions of this Section shall apply. Subd. 10. Restoration of Right-of-Way. The permit holder shall patch and restore the right-of-way to the satisfaction of the Director. A. Timing. All work to be done under the right-of-way permit and all required patching and restoration of the right-of-way must be completed within the dates specified in the right-of-way permit. B. Duty to correct defects. The permit holder shall correct any defects in patching or restoration performed by the permit holder or its agents. Upon notification from the Director, the permit holder shall correct all such defects as required by the Director. Correction work shall be completed within five (5) calendar days of the receipt of the notice from the Director, not including days during which work cannot be done because of circumstances constituting force majeure. C. Failure to restore. If the permit holder fails to restore the right-of-way in the manner and to the condition required by the Director, or fails to satisfactorily and timely complete all restoration required by the Director, the City may complete the restoration. The permit holder shall reimburse the City for its reasonable costs incurred in completing the restoration and shall pay any delay penalty and/or degradation fee imposed by the City within thirty (30) days of invoice from the City. If a permit holder fails to pay as required, the City may deny future right-of- way permit applications. Subd. 11. Delay Fee. The City may establish and impose a delay fee for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration, or for work not completed prior to right-of-way permit expiration. The delay fee and associated fees shall be established from time to time by City Council resolution. No delay fee shall be imposed if the delay is due to circumstances beyond the control of the permit holder, including without limitation inclement weather, acts of God, or civil strife. Subd. 12. Inspection. A. Notice of Completion. When the work under any right-of-way permit is completed, the permit holder shall furnish a completion certificate and as-built drawings in accordance with Minnesota Rule 7819.1300 if requested by the Director. B. Site Inspection. The permit holder shall make the work site available for inspection by the Director or other City personnel and to all others authorized by law at all times during the execution of and upon completion of the work. C. Authority of Director. 1. The Director may order the immediate cessation of any work which the Director determines, in the Director's sole discretion, poses a serious threat to the life, health, safety, or well-being of the public. 2. The Director may issue an order to the permit holder requiring the correction of any work that does not conform to the terms of the right-of- way permit or other applicable laws, standards, conditions, or codes. The order shall inform the permit holder that failure to correct the violation may result in revocation of the right-of-way permit. If the permit holder does not correct the violation to the satisfaction of the Director within ten (10) days after issuance of the order, the Director may revoke the right-of- way permit. Subd. 13. Work Done Without a Permit. Except as provided in this subdivision 13, any person who obstructs or excavates the public right-of-way without a right-of-way permit issued by the City shall be guilty of a misdemeanor as provided in Chapter 1 and in Section 6.99 of this Chapter. A. Emergency Situations. A right-of-way user shall immediately notify the City of any event concerning its facilities that it considers to be an emergency and may take any actions reasonable and necessary to respond to the emergency. Within two (2)business days after the occurrence of the emergency, the right-of-way user shall apply to the City for the necessary right-of-way permit(s), pay the fees associated therewith, and fulfill the rest of the requirements necessary to bring itself into compliance with this Chapter for the actions it took in response to the emergency. If the City becomes aware of an emergency concerning facilities in the right-of- way, the City will make reasonable attempts to contact the owner of each facility affected, or potentially affected, by the emergency. In any event, the City may take whatever action it deems necessary to respond to the emergency. If the emergency was caused by a facility or facilities, the owner thereof shall reimburse the City for its costs in responding to the emergency. B. Non-Emergency Situations. Except in an emergency, any person who obstructs or excavates a public right-of-way without first having obtained a right-of-way permit must subsequently obtain a right-of-way permit. The fee for a subsequently issued right-of-way permit shall be established from time to time by City Council resolution. The permit holder shall also pay all the other fees required by the City Code, deposit with the City the fees necessary to correct any damage to the right-of-way, and comply with all other requirements of this Chapter. Subd. 14. Damage to Other Facilities. A. When the City performs work in the right-of-way that requires the alteration or relocation of an existing facility, the Director shall notify the facility owner as soon as is reasonably possible. The facility owner shall reimburse the City for its costs associated with such alteration or relocation within thirty(30) days from the date of billing. B. Each facility owner shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damage. Each facility owner shall be responsible for the cost of repairing any damage to the facilities of another caused during the City's response to an emergency caused by that owner's facilities. Subd. 15. Revocation of Permits. A. Substantial Breach. The City may revoke any right-of-way permit if the permit holder substantially breaches any of the terms and conditions of any applicable statute, ordinance, rule or regulation, or any condition of the right-of-way permit. A substantial breach includes, but is not limited to, the following: 1. The violation of any material provision of the right-of-way permit; 2. The attempt to evade any material provision of the right-of-way permit or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; 3. Any material misrepresentation of fact in the permit application; 4. The failure to complete the work in a timely manner unless a permit extension has been obtained or unless the failure to complete work is due to reasons beyond the permit holder's control; or 5. The failure to timely correct work that is the subject of an order issued by the Director under subdivision 12.0 of this section. B. Written Notice of Breach. If the Director determines that the permit holder has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation, or any condition of the right-of-way permit, the Director may notify the permit holder of the breach in writing and demand that the permit holder remedy the violation. The notice and demand shall inform the permit holder that continued violations may result in revocation of the right-of-way permit. In the notice and demand, the Director may also impose additional or revised conditions on the right-of-way permit to mitigate and remedy the breach. C. Response to Notice of Breach. Within two (2) business days of receiving the written notice and demand, the permit holder shall provide the City with its plan to cure the breach. Any failure to respond to the notice, to submit an acceptable plan, or to implement the approved plan shall be grounds for immediate revocation of the right-of-way permit. D. Reimbursement of City Costs. Upon revocation of a right-of-way permit, the permit holder shall reimburse the City for its reasonable costs incurred because of the revocation, including but not limited to restoration costs, collection costs, and attorney fees. Subd. 16. Exemptions. The following persons are exempt from the requirements of this Section: A. City employees acting within the course and scope of their employment and contractors acting within the course and scope of a contract with the City; B. Persons who install mailboxes in the public right-of-way in accordance with requirements of the U.S. Postal Service; C. Persons who temporarily place residential household refuse containers in the public right-of-way for the collection of solid waste or recyclables in accordance with the provisions of Sections 5.36 and 9.01 of the City Code. Subd. 17. Right-of-Way Vacation. If the City vacates a public right-of-way that contains facilities, the facility owner's rights in the vacated right-of-way are governed by Minnesota Rule 7819.3200. Subd. 18. Abandoned Facilities. A right-of-way user shall notify the City when facilities are to be abandoned. A right-of-way user who has abandoned facilities in a public right-of-way shall remove them from the right-of-way if required in conjunction with other right-of-way repair, excavation, or construction, unless the Director waives this requirement. Subd. 19. Non-Completion or Abandonment of Work. Work shall progress expeditiously to completion in accordance with any time limitation specified in the right- of-way permit so as to avoid unnecessary inconvenience to the public. In the event that the permit holder fails to timely complete the work in accordance with the terms of the right-of-way permit or ceases or abandons the work without due cause, the City may, after six (6) hours' notice in writing to the permit holder of its intention to do so, correct the work, fill the excavation and repair the public right-of-way in a manner that it deems necessary to protect the safety and welfare of the public. The City shall make or contract for all temporary and permanent repairs, including but not limited to backfilling, compacting, and resurfacing, and the permit holder shall reimburse the City for all costs incurred for such work. If the permit holder fails to reimburse the City within thirty (30) days of billing, the City may do any or all of the following: (1) reimburse itself from the proceeds from any cash deposit, letter of credit, bond, or other security given by the permit holder; (2) deny the permit holder any future right-of-way permits; and(3) impose a delay penalty. Subd. 20. Right-of-Way Prohibitions. The following actions are prohibited in the public right-of-way: A. Dumping in Streets. It is a misdemeanor for any person to throw or deposit in any public right-of-way any solid, recyclable, or yard waste, including but not limited to nails, dirt, glass, cans, discarded cloth or clothing, construction debris, metal scraps, garbage, leaves, grass or tree limbs, paper or paper products, shreds or rubbish, oil, grease, petroleum products or other automotive fluids or to empty any water containing salt or other injurious chemical thereon. It is a violation of this Section to haul any such material inadequately enclosed or covered thereby permitting the same to fall upon the street. B. Fires. It is a misdemeanor for any person to build or maintain a fire upon a public right-of-way. C. Signs. It is a misdemeanor for any person to place or maintain a sign within any public right-of-way except as otherwise permitted by City Code Section 11.70, subdivision 3.D. D. Placing Snow or Ice in a Public Right-of-Way. It is a misdemeanor for any person not acting under a specific contract with the City or without written permission from the Director to remove snow or ice from private property or a private driveway and cause the same to obstruct, encroach upon, encumber, or interfere wholly or partially with any public right-of-way, including but not limited to a public roadway, street, sidewalk, walkway, bike or trail way, easement, park, or other public property. Where permission is not granted by the Director, the City may remove the snow or ice from the public right-of-way and the person shall be initially responsible for payment of all direct and indirect costs of removing the snow or ice from the street. If not paid within thirty (30) days of invoice, collection shall be by civil action or assessment against the property as any other special assessment. E. Each day that any person continues in violation of this subdivision 20 shall be a separate offense and punishable as such. Subd. 21. Indemnification and Liability. By applying for and accepting a right-of-way permit under this section, a permit holder agrees to defend and indemnify the City in accordance with the provisions of Minnesota Rule 7819.1250. Subd. 22. Appeal. A right-of-way user or potential right-of-way user that has been denied a right-of-way permit or has had a right-of-way permit revoked may appeal the denial or revocation to the City Manager. Such appeal shall be taken by filing with the City Clerk within ten (10) days after the denial or revocation, a written statement requesting a hearing before the City Manager and setting forth fully the grounds for the appeal. A hearing shall be held within fifteen (15) days of receipt of the request. Notice of the hearing shall be given by the City Clerk in writing, setting forth the time and place of hearing. Such notice shall be mailed, postage prepaid, to the applicant or permit holder at his/her/its last known address at least five (5) days prior to the date set for hearing. Subd. 24. Reservation of Regulatory and Police Powers. A permit holder's rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. Section 2. City Code Chapter 6, Sections 6.05, 6.06, and 6.07 are hereby deleted in their entirety. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 6.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council for the City of Eden Prairie on the 24th day of May, 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.