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HomeMy WebLinkAboutCity Council - 06/13/2017 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JUNE 13, 2017 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 James DeMann, 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 Jan Curielli Workshop-Heritage Room H(5:30) I. HISTORIC PROPERTY UPDATE Open Podium - Council Chamber (6:35) III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JUNE 13, 2017 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. TOUR DE TONKA V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 16, 2017 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 16, 2017 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. HUELER PROPERTY by Greg and Kelli Hueler/Pemton Land Co. Development Agreement C. KOPESKY 2ND ADDITION by HTPO Second Reading of an Ordinance for PUD District Review with Waivers and Zoning District Change from Rural To R 1-13.5 on 4.14 Acres; Revised Resolution for Preliminary Plat and Development Agreement D. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 11.51, STANDARDS FOR PROTECTION OF WETLANDS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE CITY COUNCIL AGENDA June 13, 2017 Page 2 E. APPROVE AGREEMENT WITH HEALTHPARTNERS FOR EMPLOYEE MEDICAL AND DENTAL INSURANCE F. ADOPT RESOLUTION APPROVING PARTICIPATION IN THE PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY COUNCIL ON LOCAL RESULTS AND INNOVATION G. DECLARE UNCLAIMED PROPERTY AS ABANDONED PROPERTY H. AWARD CONTRACT FOR REPLACEMENT OF FITNESS FLOOR CARPETING AT COMMUNITY CENTER TO LAVAN FLOOR COVERING COMPANY I. AWARD CONTRACT FOR 2017 CITY BUILDING RESTORATION TO SEBO,INC. J. AWARD CONTRACT FOR WASHBAY PRECAST REPAIR TO RJ MARCO CONSTRUCTION K. AWARD CONTRACT FOR FUEL ISLAND REPAIR AT MAINTENANCE FACILITY TO LUBETECH, INC. L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB FOR RILEY LAKE PARK IMPROVEMENTS PROJECT M. AWARD CONTRACT TO RAINWATER MANAGEMENT SYSTEMS FOR RAINWATER HARVESTING SYSTEM INSTALLATION FOR FIRE STATION 2 N. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ST. CROIX ENVIRONMENTAL FOR WATER RESOURCE MANAGEMENT CONSULTING SERVICES O. AWARD CONTRACT FOR ENTRY MONUMENT SIGN AT ANDERSON LAKES PARKWAY AND TH 169 TO DERAU CONSTRUCTION P. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB ASSOCIATES, INC. FOR PRELIMINARY DESIGN SERVICES FOR DELL ROAD (CRESTWOOD TERRACE TO FLYING CLOUD DRIVE/CSAH 61) IMPROVEMENT PROJECT, I.C. 17-5990 Q. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AE2S FOR DESIGN AND INTEGRATION SERVICES FOR PHASE II OF THE SANITARY SEWER LIFT STATION CONTROL HARDWARE IMPROVEMENT PROJECT R. APPROVE INSTITUTION COMMUNITY WORK CREW AGREEMENT CITY COUNCIL AGENDA June 13, 2017 Page 3 S. ADOPT RESOLUTION APPROVING MASTER PARTNERSHIP CONTRACT WITH MNDOT T. APPROVE SUBMITTAL OF THE ANNUAL REPORT TO MPCA FOR PHASE II NPDES STORM WATER PERMIT PROGRAM U. DECLARE 2014 JACOBSEN LAWN MOWER AS SURPLUS EQUIPMENT AND AUTHORIZE ORDERING REPLACEMENT MOWER V. AWARD CONTRACT FOR 2017 CONCRETE SUPPLY TO CEMSTONE PRODUCTS COMPANY W. SET PUBLIC HEARING DATE OF AUGUST 8, 2017, FOR A HOUSING IMPROVEMENT AREA FOR NEILL LAKE TOWNHOME OWNERS ASSOCIATION X. ADOPT RESOLUTION AUTHORIZING SETTLEMENT OF EASEMENT ACQUISITIONS FOR PARCEL 28 FOR SHADY OAK ROAD SOUTH IMPROVEMENTS PROJECT Y. ADOPT RESOLUTION AUTHORIZING SETTLEMENT OF CENTURYLINK UTILITY RELOCATION DELAY FOR SHADY OAK ROAD SOUTH IMPROVEMENT PROJECT Z. AWARD CONTRACT FOR FLYING CLOUD DRIVE TRAIL IMPROVEMENTS AA. AWARD CONTRACT FOR EDENVALE BOULEVARD TRAIL REHABILITATION BB. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AMERICAN ENGINEERING TESTING FOR GEOTECHNICAL SERVICE FOR PRESERVE BOULEVARD IMPROVEMENT PROJECT IX. PUBLIC HEARINGS/MEETINGS A. APPLICATION TO DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT'S MINNESOTA INVESTMENT FUND FOR ARTESYN EMBEDDED TECHNOLOGIES INC. (RESOLUTION) B. CODE AMENDMENT RELATED TO COMMUNITY CENTERS by City of Eden Prairie. First Reading of an Ordinance Amending City Code Chapter 11, Relating to Community Center Definition X. PAYMENT OF CLAIMS CITY COUNCIL AGENDA June 13, 2017 Page 4 XI. ORDINANCES AND RESOLUTIONS A. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 9, RELATING TO KEEPING CHICKENS IN THE CITY XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Approve Agreement Between Cooperative Energy Futures and the City for Backup Subscription for a 217 kW Community Solar Garden C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR 1. Approve Lease Between the City of Eden Prairie and Eden Prairie Montessori Learning Center Located at 8098 Glen Lane 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: June 13, 2017 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, June 13, 2017 TUESDAY,JUNE 13, 2017 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name, phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS A. TOUR DE TONKA Jenny Bodurka from Minnetonka Community Educations will give an update on the 2017 Tour de Tonka V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS [MOTION: Move to approve the agenda. IIM VI. MINUTES 'IVIOTION: Move to approve the following CityLouncil minutes: A. COUNCIL WORKSHOP HELD TUESDAY, MAY 16, 2017 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 16, 2017 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A- BB on the Consent Calendar. ANNOTATED AGENDA June 13,2017 Page 2 A. CLERK'S LICENSE LIST B. HUELER PROPERTY by Greg and Kelli Hueler/Pemton Land Co. Development Agreement C. KOPESKY 2ND ADDITION by HTPO Second Reading of an Ordinance for PUD District Review with Waivers and Zoning District Change from Rural To R1-13.5 on 4.14 Acres; Revised Resolution for Preliminary Plat and Development Agreement D. APPROVE SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 11.51, STANDARDS FOR PROTECTION OF WETLANDS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE E. APPROVE AGREEMENT WITH HEALTHPARTNERS FOR EMPLOYEE MEDICAL AND DENTAL INSURANCE F. ADOPT RESOLUTION APPROVING PARTICIPATION IN THE PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY COUNCIL ON LOCAL RESULTS AND INNOVATION G. DECLARE UNCLAIMED PROPERTY AS ABANDONED PROPERTY H. AWARD CONTRACT FOR REPLACEMENT OF FITNESS FLOOR CARPETING AT COMMUNITY CENTER TO LAVAN FLOOR COVERING COMPANY I. AWARD CONTRACT FOR 2017 CITY BUILDING RESTORATION TO SEBO, INC. J. AWARD CONTRACT FOR WASHBAY PRECAST REPAIR TO RJ MARCO CONSTRUCTION K. AWARD CONTRACT FOR FUEL ISLAND REPAIR AT MAINTENANCE FACILITY TO LUBETECH, INC. L. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB FOR RILEY LAKE PARK IMPROVEMENTS PROJECT M. AWARD CONTRACT TO RAINWATER MANAGEMENT SYSTEMS FOR RAINWATER HARVESTING SYSTEM INSTALLATION FOR FIRE STATION 2 N. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH ST. CROIX ENVIRONMENTAL FOR WATER RESOURCE MANAGEMENT CONSULTING SERVICES O. AWARD CONTRACT FOR ENTRY MONUMENT SIGN AT ANDERSON LAKES PARKWAY AND TH 169 TO DERAU CONSTRUCTION ANNOTATED AGENDA June 13,2017 Page 3 P. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH WSB ASSOCIATES, INC. FOR PRELIMINARY DESIGN SERVICES FOR DELL ROAD (CRESTWOOD TERRACE TO FLYING CLOUD DRIVE/CSAH 61) IMPROVEMENT PROJECT, I.C. 17-5990 Q. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AE2S FOR DESIGN AND INTEGRATION SERVICES FOR PHASE II OF THE SANITARY SEWER LIFT STATION CONTROL HARDWARE IMPROVEMENT PROJECT R. APPROVE INSTITUTION COMMUNITY WORK CREW AGREEMENT S. ADOPT RESOLUTION APPROVING MASTER PARTNERSHIP CONTRACT WITH MNDOT T. APPROVE SUBMITTAL OF THE ANNUAL REPORT TO MPCA FOR PHASE II NPDES STORM WATER PERMIT PROGRAM U. DECLARE 2014 JACOBSEN LAWN MOWER AS SURPLUS EQUIPMENT AND AUTHORIZE ORDERING REPLACEMENT MOWER V. AWARD CONTRACT FOR 2017 CONCRETE SUPPLY TO CEMSTONE PRODUCTS COMPANY W. SET PUBLIC HEARING DATE OF AUGUST 8, 2017, FOR A HOUSING IMPROVEMENT AREA FOR NEILL LAKE TOWNHOME OWNERS ASSOCIATION X. ADOPT RESOLUTION AUTHORIZING SETTLEMENT OF EASEMENT ACQUISITIONS FOR PARCEL 28 FOR SHADY OAK ROAD SOUTH IMPROVEMENTS PROJECT Y. ADOPT RESOLUTION AUTHORIZING SETTLEMENT OF CENTURYLINK UTILITY RELOCATION DELAY FOR SHADY OAK ROAD SOUTH IMPROVEMENT PROJECT Z. AWARD CONTRACT FOR FLYING CLOUD DRIVE TRAIL IMPROVEMENTS AA. AWARD CONTRACT FOR EDENVALE BOULEVARD TRAIL REHABILITATION BB. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AMERICAN ENGINEERING TESTING FOR GEOTECHNICAL SERVICE FOR PRESERVE BOULEVARD IMPROVEMENT PROJECT ANNOTATED AGENDA June 13,2017 Page 4 IX. PUBLIC HEARINGS/MEETINGS A. APPLICATION TO DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT'S MINNESOTA INVESTMENT FUND FOR ARTESYN EMBEDDED TECHNOLOGIES INC. (RESOLUTION) Synopsis: Artesyn Embedded Technologies intends to purchase approximately $3,600,000 in equipment over the next two years for their Embedded Power Division located at 7575 Market Place Drive, Eden Prairie. To help offset these costs, they are pursuing a $1,000,000 forgivable loan (grant)through the Department of Employment and Economic Development's (DEED) Minnesota Investment Fund(MIF). This program requires the City to apply for the loan on behalf of the business and act as the conduit between DEED and the business. DEED requires the City where the qualifying business is located to hold a public hearing before submitting an application. MOTION: Move to: U • Close the Public Hearing; and • Adopt the resolution authorizing application to the Department of Employment and Economic Development (DEED) for a $1,000,000 forgivable loan to Artesyn Embedded Technologies Inc. through DEED's Minnesota Investment Fund (MIF). B. CODE AMENDMENT RELATED TO COMMUNITY CENTERS by City of Eden Prairie. First Reading of an Ordinance Amending City Code Chapter 11, Relating to Community Center Definition Notice of this public hearing was published in the Eden Prairie News on June 1, 2017. Synopsis: Similar to a recent code amendment related to schools, this code amendment defines the term community center, revises the purpose statement of the Public zoning district and includes community centers as a permitted use in the Public zoning district. MOTION: Move to: • Close the Public Hearing; and • Adopt the first reading of the Ordinance to Amend City Code Section 11.02, and 11.35 to define and add Community Center as a permitted use in the Public Zoning District. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). ANNOTATED AGENDA June 13,2017 Page 5 XI. ORDINANCES AND RESOLUTIONS A. APPROVE FIRST READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 9, RELATING TO KEEPING CHICKENS IN THE CITY Synopsis: In 2015, following receipt of a resident petition, the City Council asked staff to study whether backyard chickens should be allowed in the City. At the May 2, 2017 Council meeting, staff presented its research as well as the results of a resident Quality of Life Survey. After discussion, the Council directed staff to draft an ordinance to allow backyard chickens. The proposed ordinance attempts to address the Council's concerns about fencing, wintering, and slaughtering of chickens, and the location of chicken coops and runs to minimize any impact on neighboring properties. MOTION: Move to approve First Reading of an Ordinance Amending City Code Chapter 9, Relating to Keeping Chickens in the City. XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Approve Agreement Between Cooperative Energy Futures and the City for Backup Subscription for a 217 kW Community Solar Garden Synopsis: Cooperative Energy Futures is developing a 217 kW community solar garden on the roof of Pax Christi Catholic Church. Subscriptions will be purchased by congregation and community members. The City will be a nominal subscriber— .18% of capacity—and act as a backup subscriber for the solar garden. In the instance that another subscriber becomes ineligible and Cooperative Energy Futures is unable to find a replacement subscriber, Cooperative Energy Futures will transfer their subscription to the City. For the community solar garden project to move forward, Cooperative Energy Futures must have a backup subscriber. MOTION: Move to approve subscription agreement between Cooperative Energy Futures and the City for backup subscription for a 217 kW Community Solar Garden. ANNOTATED AGENDA June 13,2017 Page 6 C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Approve Lease Between the City of Eden Prairie and Eden Prairie Montessori Learning Center Located at 8098 Glen Lane Synopsis: The enclosed lease is for a daycare at the City owned property located at 8098 Glen Lane. The basic terms of the lease are as follows: Net Rent: Rent Per Annual Monthly Annual Year Square Foot Rent Rent Increase (2%) 1 $15.50 $73,625.00 $6,135.42 2 $15.81 $75,097.50 $6,258.13 $0.31 3 $16.13 $76,617.50 $6,384.79 $0.32 4 $16.45 $78,137.50 $6,511.46 $0.32 5 $16.78 $79,705.00 $6,642.08 $0.33 Total Rent $ 383,182.50 Term: 5 years (w/options to renew) Broker Commissions: None Tenant Improvements: Tenant pays Common Area Maintenance: Tenant pays Property Taxes/Insurance: Tenant Pays Lease Commencement: June 14, 2017 Sale Clause City can sell the property at any time with 365 day notice. MOTION: Move to approve a new lease between the City of Eden Prairie and Eden Prairie Montessori Learning Center for a child daycare facility at the City owned property located at 8098 Glen Lane, Eden Prairie, MN. D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,MAY 16, 2017 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, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Finance Director Sue Kotchevar, City Attorney Ric Rosow, and Recorder Jan Curielli GUESTS: Chris Knopik and John Lorenzini, Clifton Larson Allen LLP Workshop-Heritage Room II I. 2016 COMPREHENSIVE ANNUAL FINANCIAL REPORT/AUDIT Mayor Tyra-Lukens called the workshop to order at 5:35 p.m. Council Member Case was absent. Chris Knopik, representing Clifton Larson Allen LLP, gave a PowerPoint presentation of the 2016 Comprehensive Annual Financial Audit(CAFR). He said Eden Prairie received an unmodified(clean) opinion for the December 31, 2016 financial statement audit,which is the best opinion possible. In regard to internal control items, no material weaknesses were found, nor were any significant deficiencies found. The auditors conducted applicable testing and completed a 25-page check list to verify that the City complied with Minnesota State statutes. There were no findings from that verification. John Lorenzini, representing Clifton Larson Allen LLP, said the general fund revenues were within 1% of budget, and the total expenditures came in at 1.23%below budget, resulting in an increase in the fund balance of$611,295. Tyra-Lukens asked if we have a policy of maintaining a general fund balance of at least 50%. Kotchevar replied it is 50% of next year's tax levy and 15% of next year's budget set aside for budget stabilization and contingencies. Mr. Knopik said the residual balance at the end of the year is on track. Mr. Lorenzini reviewed the general fund revenues and expenditures. He noted the functional breakdown of expenditures has been consistent for the past five years. Aho asked if that is typical for most cities. Mr. Knopik replied there are some unique things in Eden Prairie, such as the additional money the City puts towards some of the nicer amenities because the money not spent on debt service can be used for those amenities. He noted they like to see consistency, and that is the case for Eden Prairie. City Council Workshop Minutes May 16, 2017 Page 2 Mr. Lorenzini reviewed the enterprise funds. The operating revenue for the water fund increased from the prior year because of additional usage and the rate increase. There was a slight increase in operating revenue in the wastewater fund, and the stormwater fund is making progress towards the cash goal of$2,043,000. The liquor fund operations had a 5% decrease in sales, but a$700,000 transfer to the Capital Improvement/Maintenance fund was made despite that decrease. He said the gross profit percentage was down slightly from 2015 when the City's gross profit was above the seven-county metro area. Aho asked if the liquor fund sustained a net profit or a loss. Kotchevar replied there was a small profit from operations of about 5%. Getschow noted the biggest competitor for our liquor stores opened on Memorial Day weekend in 2016, so the figures reflect six months of heavy competition. Kotchevar said 2017 will be a transition year,but it should be static after that. Mr. Knopik commented the City is maintaining the gross profit percentage and is in line with or above peer cities. Mr. Knopik reviewed the estimated market values (EMV). He said the City is currently just short of the peaks in EMV's seen in 2009. Tyra-Lukens asked if the increase is consistent between single family homes, multi-family, and commercial. Jeremiah said the increase is not consistent between the types of housing, and apartments appear to be driving this market. Getschow noted residential still has a lot of value, and all of the sectors have increased in value. Mr. Knopik reviewed the tax capacity and rates, noting there is an inverse relationship between tax capacity and tax capacity rate. He said tax capacity in 2016 increased from 2015, and the tax rate for the City's portion of property taxes decreased from 33.75% in 2015 to 32.14% in 2016. Getschow said the Council has discussed the results of the City survey that showed people do not think the tax rate is lower; however, he thought people are looking at all their taxes, not just the City's portion. We are also in a county that has the second highest rate of the seven-county metro area. The overall tax rates for Eden Prairie are 12.73% lower than the metro area and 15.14% less than the state as a whole. Tyra-Lukens asked if the rate for special taxing is mostly because of the watershed districts. Mr. Knopik said that was the case throughout the metropolitan area. Mr. Knopik said the one of the biggest drivers of the differences in revenues per capita between Eden Prairie and other cities of similar size is the fact that Eden Prairie has not received local government aid(LGA) for over a decade. He reviewed the expenditures per capita, and commented Eden Prairie is able to spend additional money on things such as parks and recreation,public safety and community development programs because the City is not spending as much on debt service as do other cities. Tyra-Lukens noted it is amazing we have a higher tax capacity considering what we lose through fiscal disparities. Getschow noted the value of state-wide median value homes is lower, but there are lower costs of living in other areas of the state. Butcher Wickstrom noted it is such a great message, but it is very hard to explain. Getschow noted the fiscal disparity program is a commercial tax base sharing program that, if it did not exist, Eden Prairie residents' taxes would have been 7% lower. Mr. Knopik said the financial statements and the required OSA financial reporting form will be submitted to the required state agency. They do not expect any difficulty in that process. Also, the CAFR will be submitted to the GFOA before the June 30, 2017 deadline. City Council Workshop Minutes May 16, 2017 Page 3 Mr. Knopik commented on two emerging issues--Governmental Accounting Standards Board Statement Nos. 74 and 75. He said the City will not be affected much by Statement No. 74; however, Statement No. 75 deals with post-employment benefit liability on financial statements. He said four of the five allowable methods of calculation for that liability have been eliminated so that all governments across the country will be using the same method. The new standard will mean the City will have to change cost methods to use an entry-age cost method, and that will result in a slight increase in liability. Kotchevar said there will not be a huge impact for us. Mr. Knopik noted the new standard hits a lot of school districts more because they often paid health insurance premiums for the life spans of retirees. Mr. Knopik reviewed the pension liabilities and assumptions. He noted PERA controls all three pension plans, and also controls what rates are used by the actuaries. In 2016 PERA started to move some assumptions for mortality rates in particular because people are living two-three years longer. The coordinated plan has updated their mortality tables to the 2014 rates,but Police and Fire did not. This affects the funding percentage which trickles down to member organizations. The City cannot control what PERA is doing on this and continues to pay the contributions required; however, this filters into the operations side and can bring a big swing in liabilities. Getschow noted PERA is a state-wide pension program that has to be shown on our balance sheet as a liability. We have to pay in, but we also have to account for estimates and assumptions. Mr. Knopik said the City is doing what is required, and that is the only thing that can be done. Aho asked if the funding percentage that has gone down from 2015 to 2016 actually should be going up. Mr. Knopik said that was correct; however, there is only one state-wide plan in the country that is fully funded. Kotchevar noted PERA is making some changes towards full funding. Mr. Knopik reviewed the assumptions regarding life expectancies. Aho commented he heard life expectancies had gone down. Mr. Knopik said that occurred just recently, so it will take years to see it go down on the life expectancy tables. Mr. Knopik said Eden Prairie has an Aaa bond rating and is one of only 15 cities with that rating out of the 225 Minnesota cities analyzed. He noted the City received a GFOA Certificate of Excellence in Financial Reporting for the 2015 CAFR audit, and he expects that will again be the case in 2016. Tyra-Lukens asked if any of improvements suggested are included on tonight's Consent Calendar. Kotchevar replied they review the financial policies every budget cycle and plan to beef up certain areas. There will be more record keeping and documentation of what we do,but there will be no significant changes. II. 2018-2019 BUDGET Getschow reviewed the timeline and process for the 2018-2019 budget. He noted in 2015 when we put together the 2016-2017 budget we needed to adjust some of the revenues for the Community Center and lower some expenditures in other areas. The work plan process leads into the discussion of the current budget. We received the results of the community survey in City Council Workshop Minutes May 16, 2017 Page 4 March and held a planning session on April 18. All the departments are putting together their proposed budgets for 2018-2019, and those numbers will be presented at a workshop in July. We will follow up those discussions in August and September as needed before a preliminary levy and budget is adopted in September. In the late summer we plan to do some community engagement using our online resources. Getschow said between September and December the Council could lower the budget and levy but cannot raise it above the preliminary amount. One of the issues is that sometimes in July and August we don't know what our fiscal disparity and TIF contributions will be. We will, however, know the figures for the health and dental costs at that time. He noted 85% of the budget is the wages and benefits, and the internal services fund is somewhat fixed. We will spend some time between the preliminary levy and budget talking about the enterprise funds. He said this is the year to adjust our franchise fees. We will talk about what some of our peer cities have done,because 15-17 cities are now using franchise fees. Butcher Wickstrom asked if we anticipate any requests for new hires. Getschow said staff does not expect much in the way of additional hires. There will be some discussion about wage increases for the duty crew and other employees. Getschow reviewed the budget objectives. Aho asked if we expect revenue from building permit fees to continue to be strong. Getschow replied staff believes we can continue strong at our current pace. We keep an inventory of scattered sites that are left for development, and there will be redevelopment. Tyra-Lukens asked about redevelopment plans. Jeremiah replied we are looking very closely at the Golden Triangle area and developments in traffic as well as growth occurring in Edina. There are other areas with opportunities, such as the LRT station areas. Getschow said the Southwest Station development takes out some commercial facilities, but brings in higher-level housing development. Getschow said the June Council workshop will be an update on our historic properties. There will be a presentation that shows the last few years of projects that have been done on those properties. We will invite the Heritage Preservation Commission and the Historical Society to attend the workshop and will invite tenants of the historic properties, as Council Member Case suggested. We will review the current condition of the historic properties and the work done on them, as well as other work being done such as interpretive signs and efforts for education. He noted Mr. Lotthammer will do an overview of the next project, which is the Overlook project. He asked Council Members for any other items to include in the workshop. Butcher Wickstrom asked if we have five and ten year plans for each of the current properties. Getschow said the inventory is done annually and any planning is in the City's CIP. There is money budgeted every year for maintenance of the properties. Butcher Wickstrom suggested we see what we have and what we are spending and then identify where the holes might be so we can look for other funding. Getschow noted we received a grant from State Historic Preservation Office for half the cost of the roof of the Smith Douglas More house. We will pull together all that information as it relates to the properties. City Council Workshop Minutes May 16, 2017 Page 5 Open Podium - Council Chamber Bryan Maloney, Vice President of the Lake Riley Improvement Association, said Mr. Lotthammer attended their annual meeting and walked the members through the updates planned for Riley Lake Park. They are very excited about the improvements being planned; however, they have concerns that the increased number of trailer parking stalls at the park will create safety concerns if the number of boats on the lake increases. Lake Riley is a small lake, and there are practical limitations to the number of boats on the lake. There is increased development around the lake and also more shared access development. He said the DNR estimates about 10% of the homeowners are on the lake at any given time. The proposed number of trailer parking spots will be increased from 15 to 22. He understood the increase is an attempt to eliminate some parking that occurs on nearby roads because of safety concerns for pedestrians. He suggested the "No Parking"zone on Pioneer Trail could be extended. The Association has sent a letter to Council Members detailing their requests to reconsider the additional parking spaces and to assess the impact of adding those spaces to see if it really would reduce the parking along Pioneer Trail. Tyra-Lukens thanked Mr. Maloney for his comments and noted the project is on tonight's Council agenda, but not as a public hearing. IV. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MAY 16, 2017 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. Council Member Case was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. HERITAGE PRESERVATION AWARD Steve Olson, Chair of the Heritage Preservation Commission, announced the recipient of the 2017 Heritage Preservation Award was Jim Clark. He reviewed Mr. Clark's accomplishments in the area of heritage preservation and noted he was nominated by the Eden Prairie Historical Society. Mayor Tyra-Lukens presented the award to Mr. Clark. B. AWARD OF EXCELLENCE FOR COMMUNITY CENTER AQUATICS & FITNESS EXPANSION Aimee Peterson, representing the Minnesota Recreation and Parks Association (MRPA), reviewed the history and objectives of the MRPA. She said the MRPA's 2016 Award of Excellence is being given to the Parks &Recreation Department for the Eden Prairie Community Center Aquatics &Fitness expansion. Valerie Verley, Community Center Manager, accepted the award. Mayor Tyra-Lukens thanked Ms Verley, Mr. Lotthammer, the Parks &Recreation Department, the Parks Commission, and all the potential users who had input into the expansion plans for the facility. CITY COUNCIL MINUTES May 16, 2017 Page 2 MOTION: Aho moved, seconded by Butcher Wickstrom, to receive the Minnesota Recreation and Parks Association (MRPA)—Award of Excellence for the Community Center Aquatics &Fitness Expansion. Motion carried 4-0. C. 2016 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Getschow said the City Council spent an hour in their workshop meeting tonight receiving an in-depth presentation of the CAFR. Chris Knopik, representing Clifton Larson Allen LLP, gave a PowerPoint presentation of the results of the 2016 audit. He said the City received an unmodified(clear) opinion for the December 31, 2016, financial statement audit. He reviewed the revenue, expenditures and the fund balances for the general fund and each of the enterprise funds. He noted the estimated market values of properties in the City increased, and they do expect those values to come back to the 2008 and 2009 levels. He said there was a slight decrease in the City's 2016 tax rate from 2015, and the rate is significantly lower than cities in the seven-county metro area, as well as cities state-wide. He noted the City maintains a Aaa bond rating and expects Eden Prairie will again receive the GFOA Certificate for Excellence in Financial Reporting. He reviewed a potential impact that may occur as a result of the new Government Accounting Standards Board Statements 74 and 75. Tyra-Lukens thanked Mr. Knopik for his presentation. She noted the City always tries to be conservative in budgeting and spending. She was pleased to see how much lower our tax rate is compared to other similar cities. MOTION: Butcher Wickstrom moved, seconded by Aho, to accept the 2016 Comprehensive Annual Financial Report(CAFR). Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Nelson moved, seconded by Butcher Wickstrom, to approve the agenda as published. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 2, 2017 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council workshop held Tuesday, May 2, 2017. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, MAY 2, 2017 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, May 2, 2017. Motion carried 4-0. CITY COUNCIL MINUTES May 16, 2017 Page 3 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS VIII. CONSENT CALENDAR Getschow said Item VIII.L. should be removed from the Consent Calendar because staff needs to reject all bids received. A. APPROVE SECOND READING OF ORDINANCE NO. 8-2017 AMENDING CITY CODE SECTION 2.05,RELATING TO SALARIES OF MAYOR AND COUNCIL MEMBERS AND ADOPT RESOLUTION NO. 2017-54 APPROVING SUMMARY ORDINANCE B. ADOPT 2017 GENERAL FUND BUDGET ADJUSTMENT C. ADOPT CITY'S FINANCIAL POLICIES D. ADOPT INVESTMENT POLICY E. ADOPT RESOLUTION NO. 2017-55 AUTHORIZING APPLICATION FOR LIVABLE COMMUNITIES TRANSIT ORIENTED DEVELOPMENT PROGRAM FOR ELEVATE (&, SOUTHWEST STATION PROJECT F. ADOPT RESOLUTION NO. 2017-56 APPROVING PARTICIPATION OF HENNEPIN COUNTY HOUSING AUTHORITY IN AN EDEN PRAIRIE AFFORDABLE HOUSING PROJECT (WHAHLT) G. ADOPT RESOLUTION NO. 2017-57 APPROVING THE COOPERATIVE FUNDING AGREEMENT WITH HENNEPIN COUNTY FOR FAIR HOUSING ACTIVITIES H. APPROVE CONTRACT WITH RES SPECIALTY PYROTECHNICS TO PROVIDE FIREWORKS AT THE 4TH OF JULY HOMETOWN CELEBRATION AT ROUND LAKE PARK I. AWARD CONTRACT TO H&B SPECIALIZED PRODUCTS FOR PURCHASE OF DUGOUT COVERS AT FLYING CLOUD EXPANSION BALLFIELDS J. AWARD CONTRACT FOR REMODEL OF ART CENTER WORKROOM TO INTEGRITY DESIGN AND REMODELING K. AWARD CONTRACT FOR REMODEL OF COMMUNITY CENTER FACILITIES OFFICES TO TERRANOVA CONSTRUCTION L. AWARD CONTRACT FOR 2017 CONCRETE SUPPLY TO CEMSTONE CITY COUNCIL MINUTES May 16, 2017 Page 4 M. AWARD CONTRACT FOR SUMP PUMP COLLECTION SYSTEM PROJECT TO MINGER CONSTRUCTION COMPANY N. APPROVE AGREEMENT WITH TWIN CITIES AND WESTERN RAILROAD FOR REPLACEMENT OF W. 62ND STREET AT-GRADE CROSSING O. AWARD CONTRACT WITH REPUBLIC SERVICES FOR 2017 ANNUAL COMMUNITY CLEAN UP DAY P. ADOPT RESOLUTION NO. 2017-59 REQUESTING A LIMITED USE PERMIT FOR MUNICIPAL ENTRY MONUMENT SIGNS MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve Items A-K and M-P on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS /MEETINGS A. HUELER PROPERTY by Greg and Kellie Hueler/Pemtom Land Company. Resolution No. 2017-58 for preliminary plat of one lot into three lots on 4.46 acres. Getschow said the project involves the subdivision of a 4.46-acre property into three single family lots. The property is located at 12300 Riverview Road, and overlooks the Minnesota River. The property is guided Low-Density Residential and is currently zoned R1-13.5. The guiding and zoning of the property allows the proposed development, and no waivers are being requested. There is an existing single-family home on the property that is proposed to remain. The other two lots are being created for future single-family homes. The Planning Commission voted 8-0 to recommend approval of the project, subject to the conditions of approval in the planning staff report at the May 8, 2017 meeting. Dan Blake, representing Pemtom Land Company, reviewed the project. He said they have decided to continue with their plans for a common driveway for the three lots in order to retain flexibility. There will be a conservation easement over part of the property. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing; to adopt Resolution No. 2017-58 for preliminary plat of one lot into 3 lots; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Nelson commented she was glad they are taking into account the steep slopes and the possible erosion from the river. VOTE ON THE MOTION: Motion carried 4-0. CITY COUNCIL MINUTES May 16, 2017 Page 5 B. CODE AMENDMENT RELATED TO WETLANDS by City of Eden Prairie. First reading of an ordinance amending City Code Section 11.51, relating to wetlands. Getschow said City Code Section 11.51 is being amended in response to comments received from the Lower Minnesota River Watershed District. The revisions bring the wetland code up to date with current state law and clarify the process and procedures related to wetland applications and review. There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Aho, to close the public hearing, and to approve first reading of an ordinance amending City Code Section 11.51, Standards for Protection of Wetlands. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Butcher Wickstrom, Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Summary of City Manager Review Tyra-Lukens reported the City Council went into closed session at the May 2, 2017, meeting, to evaluate the 2016 performance of City Manager Getschow. The evaluation determined that the City Manager exceeds expectations,provides excellent leadership, and leads the City in providing excellent services with a low tax rate. 2. Authorize Submission of an Application to Commissioner of Administration for a Waiver Related to the Salary Cap She said the City Manager currently receives a salary of$170,000. In order to receive an increase in his salary, we must submit an application to request a waiver of the current maximum salary allowed under Minnesota State statutes. She recommended we submit an application in light of City Manager Getschow's excellent review. CITY COUNCIL MINUTES May 16, 2017 Page 6 MOTION: Butcher Wickstrom moved, seconded by Nelson, to direct the City Attorney to file an application to request a waiver of the current maximum salary allowed under Minn. Stat. § 43A.17 from the Commissioner of Minnesota Management and Budget to allow the City Council to compensate the position of the City Manager an annual salary of up to $175,100.00 to accommodate a salary increase effective January 1, 2017, and, if a waiver is granted, authorizing the increase of City Manager Getschow's salary up to the amount of the waiver requested. Motion carried 4-0. B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR 1. Kopesky 2"d Addition Trail Connection Tyra-Lukens said this item is not a public hearing, but she would allow some discussion tonight because the discussion of the trail was something new proposed at the April 18th City Council meeting. Jeremiah said at the April 18th City Council meeting the City Council approved first reading of the Kopesky 2nd Addition project,with the added condition of a trail connection to the existing Dell Road trail between Lots 2 and 3 at the end of the Dove Court cul-de-sac. City Council direction was given to staff and the developer that plans be revised to reflect the added trail connection and asked staff to draft a development agreement and bring the revised plans and the development agreement back for review by the City Council. Staff reviewed the trail with regard to safety, and at this point are asking the Council to reaffirm the direction from April 18th and to agree the trail should be added. Charlie Howley, chief engineer for HTPO, thanked the Council for their approval of the preliminary plat. He said they reviewed the design of the trail and do not believe it is the right fit. The comments they have received from the neighborhood do not support a trail, primarily because it may not provide the anticipated convenience to destinations nearby. Jeff Siram, real estate attorney representing the Kopesky's, said a sidewalk currently exists at 82nd Street, and that is where the residents near the project would be most likely to go. The topography of the trail site would cause the trail to have a steep decline to Dell Road and could cause a risk for accidents. It would be much safer for residents and children to take the existing path down to 82nd Street. Tyra-Lukens asked if the trail could be sloped less steeply into the trail on Dell Road. Ellis replied they could change the slope coming off the cul-de- sac so it would be gentler. He cited several precedents for adding a trail CITY COUNCIL MINUTES May 16, 2017 Page 7 when cul-de-sacs are updated. He said the new trail would provide a short cut of about 1/3 mile for anyone who wants to go north from the neighborhood on Dell Road. In addition, the existing intersection at 82nd Street does not provide the best sight lines and is not the best crossing for Dell Road. Water and sewer lines run right along the proposed trail location, and adding the trail would be better for the City in terms of fewer future problems for utility maintenance. Mr. Siram noted the trail would not intersect into an existing sidewalk. Tyra- Lukens responded there are lots of trails that go into other trails in Eden Prairie. She felt we have so many cul-de-sacs in the City, and, if we were developing this area on the grid system, there would be a connection to Dell Road. She was in favor of anything we can do to help create connections between neighborhoods, and this one seems like a small connection to make to the trail system. Nelson said the neighborhood around the cul-de-sac does not have sidewalks and going into a trail is not as good for walking as a sidewalk would be. She would rather see the narrowest trail possible. Tyra-Lukens said she hoped the trail can be put in at an angle so the slope is not so great. MOTION: Butcher Wickstrom moved, seconded by Aho, to reaffirm City Council's direction on April 18, 2017, for the first reading to include a trail connection from Dove Court to Dell Road. Motion carried 4-0. D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Award Bid and Authorize Contract with Odessa II,LLC for Riley Lake Park Improvement Project Lotthammer said staff provided detail about the Riley Lake Park master plan at a previous meeting. The bids were opened and ranged from $1,500,000 to $2,300,000. They had estimated the project to come in at $1,700,000. He reviewed the items included in the base bid and each of the six alternates. He noted staff recommends awarding the base bid and five of the six alternates to Odessa II, LLC. Staff recommends rejecting Alternate C which would have installed waist height bollard lighting along all the new trails because of the cost/benefit of that alternative. Alternate C could be done sometime in the future. Lotthammer said there were concerns raised about the number of parking stalls for boat trailers. The master plan includes 22 parking spaces and was based on the number of people observed parking on Riley Lake Road on busy days last summer. They are hoping to discourage parking along Riley Lake Road and Pioneer Trail. He noted an analysis of the traffic and parking requirements is difficult. It would be possible to build it as it is proposed today and then reduce the number of parking spaces later,perhaps by CITY COUNCIL MINUTES May 16, 2017 Page 8 widening the spaces if extra parking is not needed. There will be signs in the upper area that specify car parking only. He reviewed some traffic counts from busy summer days in 2016. Staff is recommending moving forward with the contracts tonight so construction could start on July 10. They plan to let the neighbors know in advance when the boat launch will not be available. Nelson asked where cars would be allowed to park and where the handicapped parking would be. Lotthammer said there is no car parking allowed in the trailer parking lot. There is a large parking area for cars near the beginning of the trail system that also includes handicapped parking. There are a few handicapped parking spots in the trailer parking lot. Nelson then asked about parking for the "Let's Go Fishing"program. Lotthammer said participants in that program arrive in a 15-person van. Nelson said she would like to see two boat spots converted into handicapped parking, which would also reduce the number of trailers. Tyra-Lukens suggested we can change it later if we find there is not enough handicapped parking. Butcher Wickstrom liked the idea of having flexibility. She asked if adding extra stalls for boats and trailers would push the potential number of boats on the lake which might have a negative impact on the lake. Lotthammer replied people are expressing concerns about that possibility, especially those who live on the lake. This proposal would allow five to seven more trailer parking spots. There might be a negative impact on the lake traffic on heavy days. Butcher Wickstrom asked about the average amount of time that boaters are out. Lotthammer said they haven't calculated that figure, but it would be weather-related and would depend on the activity. Tyra-Lukens noted the fact may or may not be true that additional boat owners would then come to the lake and have to park on Pioneer Trail. She asked if there is a reason the "No Parking"zone on Pioneer Trail cannot be extended. Lotthammer said that is a County road, so the County would have to approve it. Tyra-Lukens commented we could petition Hennepin County to extend the "No Parking"zone if parking on the road persists. Lotthammer said we are bound by DNR rules regarding public boat launches, so we don't have the authority to stop boat launching on the lake. MOTION: Aho moved, seconded by Nelson, to accept the base bid and alternates A, B, D, E &F and to authorize entering into a contract with Odessa II, LLC. for the Riley Lake Park Improvement Project. Motion carried 4-0. Tyra-Lukens noted we are just awarding the bids tonight. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF CITY COUNCIL MINUTES May 16, 2017 Page 9 G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Nelson moved, seconded by Butcher Wickstrom,to adjourn the meeting. Motion carried 4-0.Mayor Tyra-Lukens adjourned the meeting at 8:15 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Christy Weigel, Clerk's License Application List VIII. A. Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below Temporary Liquor Organization: City of Eden Prairie Event: Wine/Beer Tasting Date: Friday June 30, 2017 Place: Staring Lake Park 14800 Pioneer Trail Organization: City of Eden Prairie Event: Wine/Beer Tasting Date: Friday July 14, 2017 Place: Staring Lake Park 14800 Pioneer Trail Organization: Wings of the North Event: An Evening with Eagles Dinner& Symposium Date: Saturday, July 15, 2017 Place: Wings of the North Museum Hangar 10100 Flying Cloud Drive - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda 06/13/17 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Hueler Property VIII. B. Janet Jeremiah/Beth Novak-Krebs Requested Action Move to: Approve the Development Agreement for the Hueler Property. Synopsis This is the final approval of the Development Agreement for the subdivision of a 4.46 acre property into 3 single family lots. One lot is being created for an existing single family home and two lots are being created for future single family homes. Background The 120-Day Review Period expires on August 3, 2017. Attachment Development Agreement DEVELOPMENT AGREEMENT Proj ect Name: Hueler Property TH I S DEVEL OPM ENT AGREEM ENT ("Agreement")is entered into as of , 2017, by Gregory W. Hueler and Kelli Hustad Hueler, husband and wife, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAI RI E, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for a Preliminary Plat of 4.46 acres into 3 lots, legally described on Exhibit A(the "Property"). NOW,THEREFORE, in consideration of the City adopting Resolution No. for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated May 10, 2017, reviewed and approved by the City Council on June 13, 2017, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXH I BIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. CASH PARK FEES: Prior to the release of the final plat, Cash Park Fees shall be paid for Lot 1. The Cash Park Fees for Lots 2 and 3 shall be paid at the time of building permit issuance for each lot. Development Agreement—Hueler Property 5-25-17 1 4. PLANS FOR I NDI VI DUAL HOME CONSTRUCTION: Prior to building permit issuance for Lot 2 and/or for Lot 3, a Certificate of Survey for the lot for which a building permit is applied for, shall be submitted for review and written approval by the Building Department. A separate Land Alteration and Steep Slope Permit shall be applied for and obtained for each lot prior to issuance of a building permit. The Certificate of Survey shall include a certification by the builder that construction of the residence is consistent with this Agreement and all exhibits attached hereto, and shall further contain the following information: A. Topography with 2 foot contour intervals for existing and proposed grades. Topography must be field verified. B. Location of structures with finished floor elevations. C. Retaining walls, type, height, and type of details. D. Location of sewer and water services. E. Method of erosion control. F. Detailed grading plans. G. No construction or grading within any conservancy easement area. H. No steepening of the natural slopes and walk out levels that meet natural grade. No more than a 20 foot wide construction area on the lower ground elevation,measured from the dotted line shown on sheet 2 of the Plans. I. Engineered design for footing, foundation, and retaining walls. J. Location of driveway. 5. CONSERVATION EASEM ENT FORTHE PROTECTI ON OF THE BLUFF ON THE PROPERTY: Prior to release of the final plat for the Property, Developer shall submit a Conservation Easement attached as Exhibit D, for review and written approval by the Director of Parks and Recreation Services over that portion of the Property as delineated on the Plans. After approval by the City,Developer shall file the Conservation Easement in the Hennepin County Registrar of Titles' Office as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners,their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer shall submit to the City Engineer proof that the Conservation Easement has been recorded in the Hennepin County Registrar of Titles' Office. Prior to issuance of the first building permit for the Property, and prior to recording of any document affecting the Property, including any mortgage granted by the Developer or owners,their successors and/or assigns,Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 1/2 by 6 inch sign or decal reading "Conservation Easement Boundary, City of Eden Prairie", shall be affixed to the top of the post. Development Agreement—Hueler Property 5-25-17 2 6. CULTURAL RESOURCES: Prior to the issuance of a Land Alteration permit for any grading and/or excavation on the Property and prior to the issuance of a building permit for Lot 2 and/or Lot 3,the Developer shall arrange for a representative(s)from the Office of the State Archeologist and/or the Minnesota Indian Affairs Council to be on-site during excavation and grading of the lots, installation of the utilities, and installation of the stormwater management facility. Prior to issuance of the permit referred to in this paragraph Developer shall provide the names of the individuals who will be on-site to the Building Inspections Department. 7. PRIVATE DRIVEWAY AND UTILITY EASEM ENT AND MAINTENANCE AGREEM ENT: Prior to release of the fmal plat for the Property,Developer shall provide a draft, Private Driveway and Utility Easement and Maintenance Agreement for the private driveways and private utilities located on Lot 1,Block 1 of the Property that provides access and utility connections to Lot 2 and Lot 3, Block 1, within the Property. The draft of the Agreement is subject to approval in writing by the City Engineer. The Agreement shall address vehicle access, private utilities and maintenance of the private driveways, private utilities and sanitary sewer and water services. The Agreement shall provide that these facilities shall be privately owned. The Agreement shall also provide for how maintenance obligations and costs shall be allocated among the owners of the three lots. After approval by the City,Developer shall file the,Private Driveway and Utility Easement and Maintenance Agreement against the Property in the Hennepin County Registrar of Titles' Office immediately after the recording of the fmal plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Once recorded, the Developer shall submit to the City Engineer proof that the, Private Driveway and Utility Easement and Maintenance Agreement has been recorded in the Hennepin County Registrar of Titles' Office. 8. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 9. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees),damages and injunctions relating to any acts,failures to act,errors,omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Development Agreement—Hueler Property 5-25-17 3 Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 10. EM ERGENCY ACCESS AND Fl RE SUPPRESSI ON: The private driveways serving Lots 2 and 3 shall be 12 feet wide for access by emergency vehicles. Any residence constructed on Lot 2 and on Lot 3 shall be constructed with a sprinkler system. Prior to the issuance of a building permit for any residence on Lot 2 and Lot 3,the sprinkler system shall be reviewed and approved by the Building Inspections Department. The water services to Lots 2 and 3 shall be sized to accommodate the sprinkler systems. 11. ENCROACH M ENT AGREEM ENT: Portions of the private driveway providing access to Lots 1, 2 and 3 are located within the Riverview Road right-of-way. Prior to release of the final plat for the Property,the Developer shall execute an"Encroachment Agreement"in the form attached hereto as Exhibit E and shall file the Encroachment Agreement in the Hennepin County Registrar of Titles' Office immediately after the recording of the final plat and prior to recording of any document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. 12. Fl NAL PLAT: The final plat of the Property shall be recorded in the Hennepin County Registrar of Titles' Office within 90 days of approval by the City Council or within 2 years of approval of the Preliminary Plat,whichever occurs first. If the final plat is not filed within the specified time,the City Council may,upon ten days written notice,to the Developer,consider a resolution revoking the approval. 13. GRADING, DRAINAGE, AND STORM WATER POLLUTION PREVENTION PLANS: A. Fl NAL GRADI NG AND DRAI NAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. In addition, the final grading and drainage plan for the new residence on Lot 2 shall include all wetland information, including wetland boundaries, wetland buffer strips and wetland buffer monument locations, all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems, and any other items required by the application for release of a land alteration permit.All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Developer shall furnish to the City Engineer and receive the City Engineers' written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 125% of the cost of said improvements as required by City Code. Prior to release of the grading security,Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Development Agreement—Hueler Property 5-25-17 4 Developer shall employ the design professional who prepared the fmal grading plan. The design professional shall monitor construction for conformance to the approved fmal grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design professional shall provide a fmal report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. In addition,the design professional retained by the Developer to perform the monitoring of the Project shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORM WATER FACI L I TY CONSTRUCT!ON: The Stormwater Management Facility and infrastructure shall be installed concurrently with the construction of the second new residence on the Property. Stormwater Facilities, including detention basins, retention basins, "Stormwater Infiltration" or "Filtration Systems" (such as rainwater gardens,vegetated swales,infiltration basins,vegetated filters,filter strips, curbless parking lot islands,parking lot islands with curb-cuts,traffic islands,tree box filters,bioretention systems or infiltration trenches)or"Underground Systems"(such as media filters, underground sand filters, underground vaults, sedimentation chambers, underground infiltration systems, pre-manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring, and thereafter by the City. Planting and Maintenance Plans for the Stormwater Facilities (where appropriate)to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the security provided with the Land Alteration Permit for the second new residence constructed on the Property. Developer shall employ the design professional who prepared the fmal grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled "State of Minnesota Storm Water Manual"dated November 2005,the approved fmal grading plan and the requirements listed herein. All inspections of underground systems shall be performed by personnel that have approved OSHA confined space training. Maintenance techniques must be used during construction to protect the infiltration capacity of all Stormwater Infiltration Systems by limiting soil compaction to the greatest extent possible. This must include delineation of the proposed infiltration system with erosion control fencing prior to construction; installation of the infiltration system using low-impact earth moving equipment; and not allowing equipment, vehicles, supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction. In areas of structural infiltration Developer shall prior to construction of the infiltration system provide a plan that addresses: (i) construction management Development Agreement—Hueler Property 5-25-17 5 practices to assure the infiltration system will be functional; (ii), erosion control measures;(iii)infiltration capacity;(iv)performance specifications that the completed infiltration system must meet to be considered functional by City and(v) corrective actions that will be taken if the infiltration system does not meet the performance specification. All Stormwater Infiltration Systems must be inspected prior to final grading to ensure that the area is infiltrating as proposed and to determine if corrective measures are required to allow infiltration as proposed. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of/2 inch or greater after the Stormwater Infiltration Systems become operational. If infiltration rates are reduced a plan to restore adequate infiltration must be provided within 90-days of the field verification test. The work required to bring the Stormwater Infiltration System back into compliance be implemented within 60 days of City approval of the plan. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. Stormwater Infiltration Systems that are constructed under a building shall be designed for maintenance access and installed in conformance with the standards outlined in The Minnesota Stormwater Manual(November 2005) and/or the Plans. The System shall be kept off-line until construction is complete. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of one-half inch or greater following the Storm Water Infiltration Systems becoming operational. If the infiltration rates are reduced by construction, a plan to restore adequate infiltration must be provided within 90-days of the field test C. STORM WATER FACILITY INSPECTION AND MAINTENANCE: During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s)is treating stormwater as designed and should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris,litter,invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities, if any, must be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: • A storage treatment basin(including retention and detention basins) shall be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. Development Agreement—Hueler Property 5-25-17 6 • A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater. • An underground storage chamber shall be considered inadequate if sediment has decreased the storage volume by 50 percent of its original design volume. Based on this inspection, if a Stormwater Facility requires cleanout,the Stormwater Facility shall be restored to its original design and/or the infiltration capacity of the underlying soils must be restored and any surface disturbance must be stabilized within one year of the inspection date. Sediment,debris,litter or vegetation removal in Stormwater Infiltration Systems shall to the extent practical be removed by hand during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. For any situations in which hand removal is not practical, Developer shall identify in the Stormwater Maintenance Plan procedures that will be implemented to protect functionality of the Stormwater Infiltration Systems. After the two year period of maintenance,the City shall continue to be responsible for maintenance of the Stormwater Facilities. D. STORM WATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 14. GRADING I N THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, Developer shall submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit, Developer shall place a construction fence on the approved construction grading limits. Developer shall notify the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer shall maintain the construction limit fence until written approval is granted by the City to remove the fence. 15. OTHER AGENCY APPROVALS: The Developer shall be responsible for submitting to the City Engineer, copies of all necessary approvals issued by other agencies for the project. Development Agreement—Hueler Property 5-25-17 7 These submittals are required prior to issuance by the City of the corresponding City permit(s). The agencies issuing such approvals include,but are not necessarily limited to,the following: the Minnesota Pollution Control Agency, Metropolitan Council Engineering Services, and the Lower Minnesota River watershed District. The City Planner may determine that conditions of approval required by the Lower Minnesota River Watershed District require changes to the City approvals which may entail additional City review,including public hearing(s)for recommendation by the Planning Commission and approval by the City Council.Developer consents to such additional review as determined by the City Planner and agrees to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the addition review. 16. PERFORM ANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise,vibration, dust and dirt, smoke,odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines. 17. RETA I NI NG WA L L S: Prior to issuance by the City of any permit for grading or construction on an individual lot of the property,Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for any retaining walls greater than four feet in height. These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. All maintenance and repair of all retaining walls on the Property shall be the responsibility of the Developer, its successors and assigns. 18. SPECIAL ASSESSM ENT AGREEM ENT: Prior to the release of the fmal plat for the Property, an assessment agreement, in the form and substance as attached in Exhibit F, shall be signed by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area of 4.05 acres in the amount of$31,994.39. 19. DEFERRED ASSESSM ENT: Upon the release of the fmal plat,the deferred assessments in the amount of$36,697.63 will be activated by the City and shall be collected over a 5 year period. 20. STREET AND UT I L I TY PLANS: Prior to the issuance of an occupancy permit for the first new residence, the Developer shall install the public sanitary sewer and water in the Riverview Road right of way, the private services to the property lines for Lots 1, 2, and 3, Development Agreement—Hueler Property 5-25-17 8 Block 1,and reconstruct the shared private driveway within the Riverview Road right-of-way. The existing home on Lot 1, Block 1 shall be connected to the new services immediately when the public utilities are installed. Prior to issuance by the City of any permit for the construction of streets and utilities for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's written approval of plans for public street, sanitary sewer, water, and storm sewers. Plans for public infrastructures shall be of a plan view and profile on 24 x 36 plan sheets consistent with City standards. Prior to release of the final plat for the Property,Developer shall furnish to the City Engineer and receive the City Engineer's written approval of a surety equal to 125%of the cost of said improvements. A permit fee of five percent of construction value shall be paid to City by Developer. The design engineer shall provide daily inspection, certify completion in conformance to approved plans and specifications and provide record drawings. 21. TREE LOSS- TREE REPLACEM ENT: There are 1,991 diameter inches of significant trees and 248 diameter inches of heritage trees on the Property. Based on the ordinance in place at the time the application for this project was deemed complete,tree replacement is not required for this project as proposed due to the number of heritage trees being preserved. However,if the tree removal based on the actual construction activity exceeds the number of diameter inches of heritage trees on the property, tree replacement will be required in accordance with the requirements of City Code. Development Agreement—Hueler Property 5-25-17 9 IN WITNESS W H ER EO F, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAI RI E By Nancy Tyra-Lukens Its Mayor By Rick Getschow Its City Manager STATE OF M I NNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2017, by Nancy Tyra-Lukens and Rick Getschow,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public Development Agreement—Hueler Property 5-25-17 10 OWNERS Gregory W. Hueler and Kelli Hustad Hueler, Gregory W. Hueler Kelli Hustad Heuler STATE OF M I NNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2017, by Gregory W. Hueler, and Kelli Hustad Hueler. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Development Agreement—Hueler Property 5-25-17 11 EXHIBIT A DEVELOPMENT AGREEM ENT - H UEL ER PROPERTY Legal Decr;ription Before Final Plat Outlot C, Bluffs West 2nd Addition, City of Eden Prairie Legal Decr;ription After Final Plat Lots 1 -3, Hueler Property Development Agreement—Hueler Property 5-25-17 12 EXHIBIT B DEVELOPMENT AGREEM ENT - H UEL ER PROPERTY Exhibit B Plans Existing Conditions—Preliminary Plat dated 05/05/17 and stamp dated 05/10/17by Westwood Proposed Plan dated 05/05/17 and stamp dated 05/10/17 by Westwood Development Agreement—Hueler Property 5-25-17 13 EXHIBIT C DEVELOPM ENT AGREEM ENT - HUELER PROJECT I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1" =100' scale) showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main, and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer, for itself, its successors, and assigns, shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement,thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City(the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and Development Agreement—Hueler Property 5-25-17 14 other encumbrances. Prior to fmal plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01,et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12, Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the fmal plat, Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and Development Agreement—Hueler Property 5-25-17 15 prosecute an action to specifically enforce such covenant,withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 14404 Excelsior Blvd., Minnetonka, MN 55305 or CenturyLink, 14200 Wayzata Blvd. Ste F, Minnetonka, MN 55305. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including;Building permit fee,plan check fee, State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC),and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"= 200 scale)showing proposed building location and all proposed streets,with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure,or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/2 by 6 inch sign or decal reading "Conservation Easement Boundary, City of Eden Prairie", will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record the Development Agreement in the Hennepin County Registrar of Titles'Office.The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. The City may elect to record the Development Agreement and if so, will so notify the Developer. Development Agreement—Hueler Property 5-25-17 16 XX. The City is hereby granted the option,but not the obligation,to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security") is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s)within ten(10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure.The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date,the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security,the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. XXIII. Except as specifically authorized by the Director of Public Works, no permit shall be issued for the Property until the Developer has recorded the final plat with Hennepin County Registrar of Titles' Office. Development Agreement—Hueler Property 5-25-17 17 EXHIBIT D DEVELOPMENT AGREEM ENT — H UEL ER PROPERTY CONSERVATION EASEM ENT Hueler Property TH I S EASEM ENT AGREEM ENT is made this day of ,2017, by and between Gregory W. Hueler, and Kelli Hustad Hueler,hereinafter referred to as"Grantor,"and the CITY OF EDEN PRAIRIE,a Minnesota municipal corporation,hereinafter referred to as"City"; WHEREAS, Grantors are the fee owner of land located in Hennepin County, Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the Property"; and, W H EREAS, Grantors have marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except: [Add any liens, mortgages, and encumbrances] WHEREAS, Grantors and City wish to enter into an agreement which will grant to City a conservation easement for conservation and preservation of the terrain and vegetation,and to prohibit certain destructive acts thereon, over that portion of the Property as described in Exhibit B, hereinafter referred to as the "Easement Area", attached hereto; NOW, THEREFORE, in consideration of the premises contained herein,it is agreed by the parties as follows: 1. Grantors hereby convey to City and its successors and assigns a conservation easement in, under, on, and over the Easement Area and City hereby accepts such conveyance. 2. The following terms and conditions shall apply to the Easement Area: A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs, or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The City will consider removal of noxious weeds, as defined by Minnesota Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Development Agreement—Hueler Property 5-25-17 18 Management Plan. No vegetation cutting, fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area. B. No building,road, sign,billboard,utility, or other structure shall be placed in the Easement Area without the prior written consent of City. C. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City. D. No change in the general topography of the Easement Area landscape, including,but not limited,to excavation,dredging,movement,and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City. 3. With respect to the Easement Area, Grantors represent and warrant as follows: A. That Grantors have marketable title free and clear of all liens, encumbrances and mortgages. B. That Grantors have not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Easement Area, any hazardous substance, hazardous waste,pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Grantors have not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; D. That no previous owner, operator or possessor of the easement area, deposited, stored, disposed of, placed, or otherwise allowed in or on the Easement Area any Hazardous Substances; Grantors agree to indemnify, defend and hold harmless City, against any and all loss, costs, damage and expense, including reasonable attorney's fees and costs that City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantors agree to permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 1/2 by 6 inch sign or decal reading"Conservation Easement Boundary, Development Agreement—Hueler Property 5-25-17 19 City of Eden Prairie", will be affixed to the top of the post. 5. Grantors agree to maintain the Easement Area subject to the provisions stated herein. 6. The duration of this easement is perpetual and shall bind and inure to the benefit of the parties, their successors, and assigns. 7. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area. 8. Provisions of this Easement shall be binding upon and enforceable against the Property and the Grantors, their successors and assigns of the Property. Development Agreement—Hueler Property 5-25-17 20 Exhibit A Legal Description Before Final Plat Outlot C, Bluffs West 2nd Addition, City of Eden Prairie Legal Description After Final Plat Lots 3, Block 1 Hueler Property Development Agreement—Hueler Property 5-25-17 21 Exhibit B "Easement Area" Development Agreement—Hueler Property 5-25-17 22 IN WITNESS W H EREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. GRANTOR CITY OF EDEN PRAIRIE NOT TO BE SIGNED By NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor NOT TO BE SIGNED By NOT TO BE SIGNED Rick Getschow Its City Manager STATE OF M I NNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2017, by Nancy Tyra-Lukens and Rick Getschow,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF M I NNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2017, by Gregory W. Hueler, and Kelli Hustad Hueler. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Development Agreement—Hueler Property 5-25-17 23 EXHIBIT E DEVELOPM ENT AGREEM ENT - HUELER PROJECT ENCROACH M ENT AGREEM ENT FOR PRIVATE USE OF PUBL I C PROPERTY This Encroachment Agreement For Private Use of Public Property (hereinafter "Encroachment Agreement") is made this day of , 2017, between the CITY OF EDEN PRAIRIE,Minnesota,a municipal corporation(the"City"),and Gregory W.Hueler and Kelli Hustad Hueler(the "Owners"). RECITALS: A. The Owners are the fee owner of property located in the City of Eden Prairie,Minnesota(the "Owner's Property"), legally described as follows: See Exhibit A attached hereto and made a part hereof B. The Owner's Property abuts Riverview Road right-of-way(the Public Property) as depicted on the Plans attached hereto as Exhibit B (hereinafter the "Plans"). C. Owners and City have entered into the certain Development Agreement dated the day of , 2017 (hereinafter "Development Agreement") for the development named the Hueler Property. D. The Development Agreement requires this Encroachment Agreement. E. The Owners desire to construct a shared driveway within the Public Property—(the "Improvements") as identified in the Plans and Exhibit A. F. City is willing to permit the Improvements as depicted on the Plans, subject to the terms and conditions of this Agreement. AGREEM ENT In consideration of the foregoing and the mutual covenants herein, the parties agree as follows: 1. The recitals set forth above are incorporated herein. 2. PUBLIC PROPERTY. The Owner acknowledges that the Improvements encroach on the Public Property, which is the right-of-way for Riverview Road. 3. IMPROVEMENTS. City grants Owners the right to and Owners hereby assume the responsibility to maintain,repair,replace and re-construct the Improvements,including but not limited Development Agreement—Hueler Property 5-25-17 24 to; the pavement, curb and gutter, striping, signing, snow and ice removal, decorative paving, landscaping and signage, all in accordance with all applicable laws and regulations (collectively referred to as"Maintenance")in the location identified on the Plans in the locations and subject to the terms set forth below in paragraph 4. The City shall retain the right to manage the Public Property as provided in state statutes and city code. The City shall also retain the right to approve the Maintenance and direct the Owners to correct any deficiencies in the Maintenance. 4. MAINTENANCE. Responsibility for Maintenance of the Improvements shall be that of the Owners. The Owners shall perform, as and when necessary, and pay the cost for, such maintenance of the Improvements as may be reasonably necessary to maintain the Improvements in good and aesthetic condition and repair. 5. INDEMNITY. The Owners shall indemnify, defend and hold the City and its employees, contractors, agents, representatives, elected and appointed officials, and attorneys harmless from any and all claims, damages, losses, costs and expenses, including attorneys' fees, arising from, based on, or related to the encroachment of the Improvements on the Road, including, but not limited to, any claim asserted against the City as a result of the installation, placement, building erection,maintenance,occupation or use of the Improvements and/or failure of the Owner to maintain the Improvements in such a condition as to prevent against injury to persons or property. 6. INSURANCE. Owners shall maintain a public liability insurance policy,naming City as an additional insured, which provides coverage for damage to the property of others or injury or death to persons. Such coverage shall be on an occurrence basis and shall include contractual liability coverage with respect to the indemnity obligation in Paragraph 5 above. Said policy shall contain a clause which provides the insurer will not change,non-renew,or materially change the policy without first providing the City thirty(30)days prior written notice. The Owners shall provide the City with a Certificate of Insurance for such coverage that specifically details the conditions in Paragraphs 5 and 7 of this Agreement. 7. WAIVER OF CLAIMS. The Owners acknowledge the City's ownership of the Road and knowingly and voluntarily waives and releases any and all claims against the City arising from, based on, or related to Owner's being permitted to maintain the encroachment of the Improvements on the Road as permitted by this Agreement, including but not limited to claims of abandonment, diminution in value, takings and contractual claims arising out of this Agreement, except any claims which are the result of the sole negligence or willful misconduct of the City or its employees or agents. The Owners acknowledge being represented by legal counsel in connection with this Agreement, and that the Owners have read and understands the terms of this Agreement. 8. CONDITION OF PUBLIC PROPERTY. The Owners acknowledge the City has made no representations or warranties regarding the condition of the Public Property or its suitability for the uses permitted by this Agreement. 9. NO VESTED RIGHTS. This Agreement shall not constitute or be construed as creating or establishing any vested right of the Owners to the area encroached upon. 10. Owners hereby agree to the following additional conditions: Development Agreement—Hueler Property 5-25-17 25 A. The Improvements shall be located as depicted in the Plans. B. The design of the Improvements shall be subject to the terms of the Development Agreement. C. Owner shall secure from the City all required municipal permits prior to any construction within the Public Property including a right-of-way permit. D. Drainage from Owner's and all adjacent properties shall at no time be impeded or blocked due to the Improvements. E. The Improvements and all work completed in relation thereto shall be in accordance with the City's current standards and ordinances and other applicable laws and/or regulations. 11. BINDING EFFECT. Except as hereinafter provided, this Agreement shall run with the land and bind and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. 12. ENTIRE AGREEMENT. This Agreement contains all the terms and conditions relating to the Improvements and replaces any oral agreements or other negotiations between the parties. No modifications of this Agreement shall be valid until they have been placed in writing and signed by all parties hereto. 13. RECORDING. The Owners shall cause this Agreement to be filed for record in the Hennepin County Registrar of Titles' Office within 30 days of its execution by the Owners and the City. Evidence of filing shall be provided to the City within 30 days thereafter. Development Agreement—Hueler Property 5-25-17 26 CITY OF EDEN PRAIRIE By: Nancy Tyra-Lukens, Mayor By: Rick Getschow, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2017, by Nancy Tyra-Lukens and Rick Getschow, respectively then Mayor and City Manager of the City of Eden Prairie, Minnesota, a municipal corporation on behalf of the corporation. NOTARY PUBLIC Development Agreement—Hueler Property 5-25-17 27 OWNERS Gregory W. Hueler and Kelli Hustad Hueler, By: By: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2017,by Gregory W. Hueler and Kelli Hustad Hueler. NOTARY PUBLIC This instrument was drafted by: Richard F. Rosow, Esq. Gregerson, Rosow, Johnson&Nilan, Ltd. 650 Third Avenue South, Suite 1600 Minneapolis, MN 55402-4337Telephone: (612) 436-7477 Development Agreement—Hueler Property 5-25-17 28 EXHIBIT A Legal Decc;ription Before Final Plat Outlot C, Bluffs West 2nd Addition, City of Eden Prairie Legal Dc;ription After Final Plat Lots 1-3, Block 1, Hueler Property 29 Development Agreement—Hueler Property EXHIBIT F DEVELOPM ENT AGREEM ENT - HUELER PROJECT AGREEM ENT REGARDING SPECIAL ASSESSM ENTS THIS IS AN AGREEMENT MADE THIS day of ,2017,between the City of Eden Prairie, a municipal corporation,(the"City")and Gregory W.Hueler and Kelli Hustad Hueler(the "Owners"). A. The Owners hold legal and equitable title to property described as , Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owners desire to develop the property in such a manner that relies upon the City's trunk utility system,including trunk sanitary sewers,trunk watermains,wells,elevated storage facilities and a water treatment plant(all of which is hereafter referred to as the "Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owners consent to the levying of assessments against the Property in the amount of $31,994.39 for the Improvements. 2. The City's assessment records for the Property will show the assessments as a"pending assessment"until levied. 3. The Owners waive notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owners concur that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owners waive all rights it has by virtue ofMinnesota Statute 429.081 or otherwise to challenge the amount or validity ofthe assessments, or the procedures used by the City in apportioning the assessments and hereby releases the 30 Development Agreement—Hueler Property City,its officers,agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 5. This Agreement shall be effective immediately. 6. This Agreement may not be terminated or amended except in writing executed by both parties hereto,provided however upon the levying of the special assessments contemplated by Paragraph 1 hereof the City may upon request of the owners of the property affected,without the necessity of further City Council approval,unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. 7. This Agreement constitutes a lien on the Property in the amount of$31,994.39 until such time as the assessments referred to above are levied. 31 Development Agreement—Hueler Property OWNER CITY OF EDEN PRAI RI E A Minnesota A Minnesota Municipal Corporation By: NOT TO BE SIGNED By: NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor By: NOT TO BE SIGNED Rick Getschow, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2017,by Nancy Tyra-Lukens, the Mayor, and Rick Getschow, the City Manager, of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2017, by Gregory W. Hueler and Kelli Hustad Hueler. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 32 Development Agreement—Hueler Property CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 06/13/17 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Kopesky 2nd Addition VIII. C. Development/Planning Janet Jeremiah/Angie Perera Requested Action Move to: • Approve 211d Reading of the Ordinance for PUD District Review with waivers on 4.14 acres and Zoning District Change from Rural to R1-13.5 on 4.14 acres; and • Approve a revised resolution for a Preliminary Plat for an eight lot and one outlot single-family residential development; and • Approve the Development Agreement for Kopesky 211d Addition Synopsis This is the final approval of the Development Agreement and plans for an eight lot and one outlot single- family residential development. Background The applicant has revised the preliminary plat since the lSt reading to include a pedestrian trail connection on the west side of the cul-de-sac as requested by the City Council. The trail connection is located between Lot 2 and Lot 3 of Block 1, Kopesky 2nd Addition. An image of the trail is included below for reference. A revised resolution is attached for your consideration for approving the preliminary plat with the addition of the trail connection. The 120-Day Review Period Expires on June 17,2017. . CAM ADbrnON I + Maurrt A Lv LE rma AM) „r. "` 8 foot wide I : ; S7A:Ip+hE 1 s,—„.-- � bituminous 1 ,1------- 33.8'a __14.141 trail ~ , "MTh w r S ,MAIE t. su la+u f 0 SukFwCE I I__J ,� 1I ' o-�n ___-- Cl 1 Am 'Ti •.. :..2e+P0 '_..i 1u,_. i E[S • TGR4 , .. .' SIM:VFWI � O. R \ • 1419M.SAAV FOR ShieN5TH,R► S1iII0,1 I 1 m r _ :. _ , 11I STA:16tZ1 ii K A'11Q�! I i STA:IQ++F�{ I OFF:19.7Lli \\\ 5F}'41MIM4US S1G11L I OFF:34.CL I $ I I h I� . I I; I 1 1 I.111 I L_—, -J I I I I .. I I L— I Attachments 1. Revised Resolution for Preliminary Plat 2. Ordinance for PUD District Review and Zoning District Change 3. Summary Ordinance 4. Development Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- RESOLUTION APPROVING THE PRELIMINARY PLAT OF KOPESKY 2ND ADDITION FOR HTPO BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Kopesky 2nd Addition for HTPO dated 06/01/17 and stamp dated received 06/02/16, and consisting of 4.14 acres into eight single-family residential lots, one outlot, and right-of-way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved subject to approval of the 2nd reading of the Ordinance for the Planned Development District Review with waivers and a Zoning District change and approval of the Development Agreement. This resolution supersedes Resolution No. 2017-47. ADOPTED by the Eden Prairie City Council on the 13tt' day of June, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk KOPESKY 2ND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 9-2017-PUD-3-2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and be placed in the R1-13.5 Zoning District 9-2017-PUD-3-2017 (hereinafter " PUD-3-20 17-R1-1 3.5"). Section 3. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of June 13, 2017 entered into between Wayne L. Kopesky and Randy J. Kopesky, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-3-2017-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-3-2017-R1-13.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-3-2017-R1-13.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-3-2017-R1-13.5 are justified by the design of the development described therein. D. PUD-3-2017-R1-13.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District, and placed in the R1-13.5 Zoning District and shall be included hereafter in the Planned Unit Development PUD-3-2017-R1-13.5 and the legal description of land in the district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and is amended accordingly. Section 6. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18th day of April, 2017, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 13th day of June, 2017. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2017. EXHIBIT A Rural Zoning District to R1-13.5 Legal Description Before Final Plat The West 330 feet of the South Half of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 18, Township 116, Range 22, Except the South 1 Rod Thereof, Hennepin County, Minnesota. Legal Description After Final Plat Lots 1-8, Block 1; Kopesky 2nd Addition KOPESKY 2ND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 9-2017-PUD-3-2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at east of Dell Road and north of W. 82' Street from Rural Zoning District to R1-13.5 Zoning Districts on 4.14 acres. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2017. (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A Rural Zoning District to R1-13.5 Legal Description Before Final Plat The West 330 feet of the South Half of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of Section 18, Township 116, Range 22, Except the South 1 Rod Thereof, Hennepin County, Minnesota. Legal Description After Final Plat Lots 1-8, Block 1; Kopesky 2nd Addition CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 08-5713 ITEM NO.: Public Works/ Approve Second Reading of an Ordinance VIII. D. Environmental Services Amending City Code Section 11.51, Standards for Leslie Stovring Protection of Wetlands Requested Action Move to: Approve Second Reading of an Ordinance Amending City Code Section 11.51 relating to Standards for Protection of Wetlands and adopt Summary Resolution for Publication. Synopsis City Code Section 11.51 is being amended in response to comments received from the Lower Minnesota River Watershed District. The revisions bring the wetland code up to date with current state law and clarify process and procedures related to wetland applications and review. Background Information The first reading for the Ordinance was on May 16, 2017. Minor editorial changes were made to the ordinance since that time. Attachments Wetland Ordinance and Summary Wetland Summary Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.51 RELATING TO WETLAND PROTECTION; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.51 is hereby amended by deleting the Section in its entirety and replacing it with the following: SECTION 11.51. STANDARDS FOR THE PROTECTION OF WETLANDS Subd. 1. Preamble. This Code hereby incorporates by reference the Wetlands Conservation Act, Minnesota Statutes 103G.221 et seq. (herein after referred to as the WCA), and Minnesota Rules Chapter 8420. All wetlands, as defined in subdivision 3 of this Section, including Public Waters and Public Waters Wetlands governed by Minn. Stat. 103G.005 and those governed by the U.S. Army Corps of Engineers, are covered by this Section. Standards outlined in this Section have precedence over WCA in situations where this Section or other provisions of the City Code are more restrictive than WCA. Each reference in this Section to statutes, codes, regulations or rules constitutes a reference to the statute, code,regulation or rule as may be amended from time to time. The following watershed districts are located in the City: 1. Lower Minnesota River 2. Nine Mile Creek 3. Riley Purgatory Bluff Creek The City is the acting Local Government Unit (LGU) for the Lower Minnesota River and Riley Purgatory Bluff Creek Watershed Districts for purposes of the WCA. Subd. 2. Purpose. Through the adoption and enforcement of this Section, the City shall promote the general health, safety, and welfare of its residents by both conserving and protecting wetlands and requiring sound management practices as provided for in the WCA when development occurs in the vicinity of wetlands. The intent of this Section is to avoid alteration and destruction of wetlands. By implementation of this Section,the City seeks to accomplish the following: 1. Balance the need to preserve and protect natural resources and systems with both the rights of private property owners and the need to support the efficient use of developable land within the City; 2. Promote water quality by maintaining the ability of wetlands to recharge ground water and receive the discharge of ground water, to prevent soil erosion, and to retain sediment, nutrients and toxicants in wetland buffer strip areas before it discharges into community wetlands, lakes and streams, thus avoiding the contamination and eutrophication of these water features; 3. Reduce human disturbances to wetlands by providing a visual and physical transition from surrounding yards; and 4. Provide wildlife habitat and thereby support the maintenance of diversity of both plant and animal species within the City. Subd.3.Definitions. The following terms, as used in this Section, shall have the meanings stated. Terms not defined shall have the meaning as stated in Section 11.02 of this Code: A. "Applicant"—The person or entity submitting a Development Application to the City. B. "City Engineer"—The City Engineer or his/her designee. C. "City Wetland Map"—The City's Water Body Map as developed for the City's Local Water Management Plan and as amended from time to time as wetland, lake and stormwater pond conditions change or new information is collected. The City map adopted by this ordinance shall be prima facie evidence of the location and classification of a wetland. D. "Development Application" — "Development Application" includes but is not limited to an application to the City for land development, site plan review, planned unit development, rezoning, platting, land alteration, wetland alteration, wetland no-loss determination, wetland exemption request, or wetland replacement. E. "Environmental Coordinator"—The City's Environmental Coordinator or his/her designee. F. "Joint Wetland Permit Application"—An application form provided by the Minnesota Board of Water and Soil Resources (BWSR) for water and wetland projects affecting lakes, rivers, streams or wetlands. The Joint Wetland Permit Application is a single form that is completed and submitted to the Local Government Unit, BWSR, the Department of Natural Resources, the Hennepin Conservation District, the U.S. Army Corps of Engineers and the applicable watershed district for review and approval. G. "Local Government Unit" or "LGU" —A city, town, or watershed management organization as determined in Minnesota Rules 8420.0200. H. "MnRAM" — The Minnesota Routine Assessment Methodology (MnRAM) for Evaluating Wetland Function as developed by the Minnesota Board of Water and Soil Resources. MnRAM is a field tool used to assess wetland functions on a qualitative basis, including vegetative diversity and integrity; wildlife habitat structure; water quality; flood and stormwater attenuation; hydrologic regime; downstream water quality; recreation, aesthetics, educational and cultural resources; fish habitat; amphibian habitat; shoreline protection; ground water interaction; and commercial uses. I. "Native Vegetation" -As defined in Minnesota Rules 8420.0111. J. "No-Loss Determination" — An application to the Local Government Unit to evaluate whether the proposed work will result in a loss of wetland within the property under the factors set forth in Minnesota Rules 8420.0415. K. "Structure Setback" — The minimum horizontal distance between a structure and the nearest edge of the wetland buffer strip. L. "Sequencing Flexibility" — Flexibility in application of the sequencing steps set forth in Minnesota Rules 8420.0520. A "Sequencing Flexibility Report" must be provided if sequencing flexibility is requested to document that these conditions have been met and the proposed action or alternative. M. "Technical Evaluation Panel" or "TEP" — The technical evaluation panel established for and coordinated by a LGU under Minnesota Rules 8420.0240 that assists the LGU in making technical findings and provides recommendations for projects involving wetland alteration or wetland impacts at the request of the LGU,the landowner, or a member of the TEP. N. "Weeds" -As defined in City Code Section 9.71. O. "Wetland" - Lands defined as wetlands, a wetland, the wetland, or wetland area in Minnesota Rules 8420.0111. P. "Wetland Alteration" — Changes to a wetland and/or wetland buffer strip in regards to size, depth or contour; dredging; tilling; damming; alteration of the watercourse; ditching; tiling; grading; draining; discharge of water; appropriation of water; changes in vegetation; or otherwise altering or destroying a wetland or wetland buffer strip or their functions. Q. "Wetland Buffer Strip" - An area of vegetated ground cover around the perimeter of a wetland. A "Wetland Buffer Strip Evaluation Report" is a report summarizing the results of an evaluation of the wetland and wetland buffer strip in relation to the requirements of subdivision 11 of this Section. R. "Wetland Delineation"—An assessment tool utilized to determine the boundary of a wetland using the boundary determination requirements established in Minnesota Rules Chapter 8420, including any subsequent updates, supplements, and guidance provided by BWSR. A "Wetland Delineation Report" is a document that summarizes the observations, results and conclusions performed during the wetland delineation assessment when wetlands are present on the property. S. "Wetland Determination" — An assessment conducted utilizing the US Army Corps of Engineers Wetland Delineation Manual (January 1987) to determine whether a wetland is present within the property that may be impacted by a proposed project. A "Wetland Determination Report" documents the conditions that lead to the conclusion that wetlands may or may not be present on the property. T. "Wetland Plan" — A summary of, and estimated cost for, all work items to be completed in relation to any wetland alteration, monitoring, and/or wetland or wetland buffer strip restoration,replacement, or construction. Work items include,but are not limited to, wetland buffer strip monument purchase, replacement, and installation; weed control; landscaping within the wetland or wetland buffer strip; wetland or wetland buffer strip restoration; wetland and wetland buffer strip monitoring; wetland replacement monitoring; or any items determined to be required or incomplete during the development application and review process. U. "Wetland Replacement" — Wetland habitat enhancement; wetland creation; restoration of wetland habitat or functions; wetland construction; wetland replacement; wetland banking; wetland buffer habitat creation; or wetland enhancement to replace lost or impacted wetlands or wetland function. A"Wetland Replacement Plan" summarizes the Wetland Alteration and the method by which the Wetland Alteration and/or loss of wetland function will be replaced as required in Minnesota Rules 8420. V. "Wetlands, Exceptional Quality" -Wetlands that have an exceptional vegetative diversity and integrity function based on the results of MnRAM. Reference wetlands established in the City's Comprehensive Wetland Protection and Management Plan or Local Water Management Plan are included in this category. W. "Wetlands, High Quality" - Wetlands that have a high vegetative diversity and integrity function, based on the results of MnRAM, and are still generally in their natural state. Wetlands created for Wetland Replacement are also included in this category. X. "Wetlands, Moderate Quality" - Wetlands that have a moderate vegetative diversity and integrity function based on the results of MnRAM. Y. "Wetlands, Low Quality" - Wetlands that have a low vegetative diversity and integrity functions based on the results of MnRAM, and have been substantially altered by activities such as agricultural or urban development. Z. "Wetland Type" — The wetland type for each water regime or wetland replacement ratio determined in accordance with Minnesota Rules Chapter 8420. Each wetland type, which represents at least 10% of the vegetated wetland, including submergent vegetation, must be classified. AA. "Wildlife Habitat" - Plant communities that support wildlife in a natural, undomesticated state. BB. "Yard" — That portion of a lot not occupied by a structure. Yard does not include any wetlands or wetland buffer strips on the lot. Subd.4. General Standards. The following standards apply to all lands that contain and/or abut a wetland or a wetland buffer strip: A. Wetlands shall be subject to the requirements established herein, as well as restrictions and requirements established by other applicable federal, state, and city ordinances and regulations. Nothing herein shall be construed to allow anything otherwise prohibited in the zoning district in which the wetland is located. This Section establishes four wetland classifications as defined in subdivision 3: exceptional quality, high quality, moderate quality, and low quality. B. The presence or absence of a wetland on the City Wetland Map does not represent a definitive determination as to whether a wetland covered by this Section is or is not present. Wetlands that are identified during site-specific delineation activities but do not appear on the City Wetland Map are still subject to the provisions of this Section. C. Structures intended to provide access to or across a wetland or a wetland buffer strip shall be prohibited unless a permit is obtained from the City and is in conformance with applicable state statutes, rules, and regulations. D. Activities including, but not limited to, wetland alteration, digging, building, paving, mowing, cutting, dumping, yard waste disposal, fertilizer application, placing of debris, planting of non-native vegetation, and removal of vegetation are prohibited in wetland areas. E. Native vegetation plantings, removal of weeds or removal of invasive non-native vegetation requires approval of a Vegetation Management Plan on a form provided by the City. Subd. 5. General Development Application Requirements. The following provisions apply to all properties for which a development application has been submitted to the City: A. Requirements for wetland identification, delineation, replacement, reporting, no-loss determinations, and financial assurance within areas in which the City is the acting LGU shall be in accordance with the requirements outlined in subdivision 14 of this Section. B. Wetlands, wetland buffer strips and wetland replacement areas impacted by land alteration shall be seeded and/or planted in accordance with subdivision 11 of this Section within sixty (60) days of completion of the land alteration. All sodding, seeding or planting must be completed prior to removal of any erosion control measures. If land alteration is completed after the end of the growing season, erosion control measures shall be left in place and all disturbed areas shall be mulched to protect these areas over the winter or during the non- growing season. C. Where wetland replacement or a wetland buffer strip is required, the applicant shall complete the following steps before the City releases the final plat or, if there is no plat approval involved,before the City issues the first building permit for the entire subject property: 1. Submit to the City Engineer and receive the City Engineer's approval of a conservation easement for protection of the wetland and approved wetland buffer strip. The conservation easement must describe the boundaries of the wetland and wetland buffer strips; describe monuments and monument locations; and prohibit any structures, paving, mowing, introduction of non-native vegetation, cutting, filling, dumping, yard waste disposal, fertilizer application or removal of the wetland buffer strip monuments within the wetland buffer strip or wetland. 2. Submit evidence to the City Engineer that the approved conservation easement document has been recorded in the office of the Hennepin County Recorder or Registrar of Titles, as appropriate, along with a duplicate original of the recorded document. 3. Submit to the City Engineer and receive City Engineer's approval of a declaration of covenants and restrictions for any wetland replacement in accordance with Minnesota Rules Chapter 8420. 4. Submit evidence to the City Engineer that the approved declaration of covenants and restrictions for any wetland replacement has been recorded in the office of the Hennepin County Recorder or Registrar of Titles, as appropriate. D. Stormwater shall not be discharged directly into any natural water bodies such as wetlands, lakes or creeks without the use of pre-treatment methods, such as pre-settlement, infiltration, or filtration. The pre-treatment methods must be approved in writing by the Environmental Coordinator prior to the discharge of any stormwater. E. The applicant shall follow the Minnesota Pollution Control Agency's Urban Best Management Practices to avoid erosion and sedimentation during site grading and/or construction. In addition, the applicant shall follow the regulations set forth in City Code Section 11.55 and the watershed district requirements for the area in which the project is located. Subd. 6. Identification,Evaluation and Delineation Requirements A. Wetland Determination. The applicant shall provide all information required by the City to determine whether a wetland exists on a subject property or within the structure setback from a wetland on an adjacent property. The applicant may submit a request to the Environmental Coordinator with the development application to waive the wetland determination requirement. The Environmental Coordinator shall make a decision on the request in his or her sole discretion. Unless the wetland determination requirement has been waived by the Environmental Coordinator, the following report(s) shall be provided to the City based on site conditions: 1. No Wetland Determination. If no wetlands are present, the applicant must document site conditions in a Wetland Determination Report that includes evaluation of topography, vegetation, hydrology and soil conditions. If the no wetland determination is approved by the City, no additional documentation is required. 2. Wetland Delineation. If a wetland(s) is present, the applicant must delineate and document the boundary of the wetland(s) and the wetland type(s) in a Wetland Delineation Report in accordance with City requirements and Minnesota Rules 8420 and must include information necessary for the City to determine the wetland boundary and wetland type, including wetland delineation field data sheets, survey of the wetland evaluation area, soil analysis data, color copies of current and historical aerial photography, vegetation data, hydrology information both within and outside of the proposed wetland boundary, and such other information required by the Environmental Coordinator. B. No-Loss Determination. If the applicant is requesting a no-loss determination, the proof necessary to support this request must be provided with the development application. C. Wetland Buffer Strip Evaluation. If a wetland(s) is present, the wetland buffer strip conditions must be documented in a Wetland Buffer Strip Evaluation Report and provided with the Wetland Delineation Report in accordance with subdivision 11 of this Section. D. Wetland Quality. If a wetland(s) is present, a determination of the function and value of the wetland(s) using the most recent version of MnRAM or other approved assessment methodology under Minnesota Rules Chapter 8420 shall be completed by the applicant and submitted to the Environmental Coordinator with the Wetland Delineation Report. E. Non-Growing Season Application Submittals. Wetland Delineation Reports, Wetland Determination Reports and MnRAM assessments conducted or completed outside of the growing season will not be accepted for final review and approval by the City until the following growing season. Determination of non-growing season conditions will be in accordance with the "Guidance for Submittal of Delineation Reports to the St. Paul District Corps of Engineers (COE) and Wetland Conservation Act Local Units of Government in the State of Minnesota" dated March 4, 2015, unless the vegetation cataloging or hydrology conditions are, in the judgment of the Environmental Coordinator,unreliable. Approvals may be granted for wetland delineation, Wetland Delineation Reports, Wetland Determination Reports and MnRAM assessments conducted during the growing season but submitted during the non-growing season, if the Environmental Coordinator determines there is sufficient information in the report and visible in the field at the time of the field verification to assess the three wetland parameters (hydrophytic vegetation, hydric soils and hydrology) in relation to placement of the wetland delineation line. If proper assessment of the delineation is not possible during the non-growing season, the City will consider the development application incomplete until such time that appropriate field verification is possible. If a MnRAM assessment is not conducted during the growing season or if it is determined to be incomplete,the wetland quality will be assumed as high quality. Preliminary approval for a wetland determination, wetland delineation, MnRAM, or no-loss determination may be requested during the non-growing season. A request for preliminary approval must be submitted with the development application. Preliminary approvals must be verified by the City during the growing season before any work on the project may commence. The applicant bears all risk that the City may require revisions to the development application due to the fact that the preliminary approval review occurred during the non-growing season. F. Off-Site Wetland Delineation Method. An applicant shall not be required to field delineate wetlands on adjacent property. However, an applicant shall complete a review of off-site conditions in accordance with the publication "Guidance for Off-Site Hydrology/Wetland Determinations" from the U.S. Army Corps of Engineers (USACOE) and BWSR dated July 1, 2016. The off-site delineation must also include review of available information, including but not limited to the City Wetland Map, County Soil Survey Map, U.S. Fish and Wildlife Service National Wetland Inventory Maps, and visual information such as the presence of wetland vegetation and hydrologic evidence on an adjacent property which can be viewed from the subject property, to estimate the wetland boundary and wetland type. G. Water Body Identification. Prior to submission of the Wetland Determination Report or Wetland Delineation Report, the applicant shall contact the Environmental Coordinator to obtain a wetland or water body identification number and any information regarding the documented wetland, including any existing MnRAM information, for inclusion with documentation provided to the City. The applicant shall also contact the Environmental Coordinator to obtain a water body identification number for any existing or proposed stormwater pond, stormwater infiltration areas, or wetland replacement areas within the project area. H. Wetland Determination Disputes. If the applicant disputes whether a wetland exists or its classification, the applicant has the burden to supply detailed information to the Environmental Coordinator supporting the applicant's position. This information shall include, but is not limited to, historical aerial photography and topographic, hydrologic, floristic, and/or soil data deemed necessary by the City or LGU under the WCA to determine the jurisdictional status of the wetland, its exact boundary, and its classification. I. Wetland Delineation, Wetland Determination, No-Loss Determination, and Wetland Buffer Strip Evaluation Reports and Wetland Replacement Plans shall be prepared by a qualified wetland delineator. A qualified wetland delineator shall either be certified in accordance with the certification requirements that are established by the U.S. Army Corps of Engineers and/or BWSR or, in the absence of such certification, as determined to be qualified by the Environmental Coordinator J. Wetland Delineation, Wetland Determination, No-Loss Determination and Wetland Buffer Strip Evaluation Reports shall be valid for three (3) years from the date of the field delineation for these reports unless the Environmental Coordinator determines that the report is no longer valid on a sooner date due to changes in site conditions such as in hydrology, soils or vegetation. Subd. 7. Wetland Alteration and Replacement Requirements For development applications involving wetland alteration, the applicant shall comply with the wetland replacement procedures and criteria outlined Minnesota Rules Chapter 8420 and provide the following items to the Environmental Coordinator: A. Sequencing Analysis. Written documentation that the sequencing steps set forth in Minnesota Rule 8420.0520 have been met shall be provided with the development application. In following these steps, the applicant must first demonstrate that alternatives to avoid and minimize wetland impacts have been evaluated. A minimum of three alternative plans must be evaluated, one of which must be a"no-impact" alternative. B. Wetland Replacement Analysis. Unavoidable impacts to wetlands must be restored or replaced on-site unless the alternatives are not reasonably or practically available from an engineering standpoint or if the only feasible and prudent sites available have greater ecosystem function and public value than the proposed wetland and the proposed wetland would be located in an area that is to be preserved by a conservation easement or other such instrument. Wetland restoration or expansion of existing or historic wetlands is preferred rather than creation of new wetlands or other methods of wetland replacement. If impacts cannot be restored or replaced on-site, the applicant must evaluate alternate sites in accordance with the replacement siting and ratio requirements under Minnesota Rules 8420.0522 unless minimum replacement requirements or ratio requirements established by the applicable watershed district or USACOE are greater than the WCA requirements. C. Sequencing Flexibility. The applicant may request sequencing flexibility after all alternatives have been considered in accordance with Minnesota Rules 8420.0520 and subdivision 7 of this Section. The City, in its discretion, may allow sequencing flexibility after consideration of the factors listed in Minnesota Rules 8420.0520. D. Conceptual Wetland Replacement Plans. The applicant shall submit a conceptual Wetland Replacement Plan to the Environmental Coordinator with the development application for any proposed impacts that require replacement under WCA or USACOE regulatory programs. The Applicant shall contact the Environmental Coordinator to obtain a water body identification number for use in the Wetland Replacement Plan for any replacement wetlands constructed within the City. E. Final Wetland Replacement Plans. The applicant shall submit a final Wetland Replacement Plan to the Environmental Coordinator for review and approval by the Environmental Coordinator prior to submission of the development plans to the City Council for review and approval or, if development plans are not submitted to the City Council,prior to issuance of a building permit for the property, unless otherwise approved in writing by the Environmental Coordinator. Subd. 8. Reporting Requirements For development applications with wetlands or wetland buffers present or projects involving Wetland Alterations,the following are required: A. An Annual Wetland and Wetland Buffer Strip Evaluation Report("Annual Buffer Report") is required if a wetland or any wetland buffer required by this Section is located on the subject property. The Annual Buffer Report shall include items such as an evaluation of the conditions of the wetland(s) and wetland buffer strip(s), the results of any monitoring conducted onsite, the integrity of the monuments installed and a plan for resolving any insufficiencies including any information the Environmental Coordinator specifically requests. If an Annual Buffer Report is required, the landowner or the developer shall submit an executed contract with a qualified wetland consultant, as approved by the Environmental Coordinator, who will prepare the Annual Buffer Report prior to release of the final plat for any portion of the subject property, or if there is no plat,prior to issuance of a building permit for the property. The Annual Buffer Report shall provide both an action plan and proposed cost for correction of all problems identified. The first Annual Buffer Report shall be submitted no later than November 1 of the calendar year in which construction, preparation, grading, seeding, planting and/or monumentation of the wetland(s) and/or wetland buffer strip(s) is completed. Thereafter, the report shall be submitted by November 1 of each year until two full growing seasons following completion of the development have passed, at which point a Final Annual Buffer Report shall be submitted. The Final Annual Buffer Report shall evaluate the wetland(s) and/or wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s) remain in compliance with all City requirements. If any unacceptable conditions or vegetation are identified within the Annual Buffer Reports or the Final Annual Buffer Report, the developer shall correct the area(s) identified within ninety(90) days of submission of the Report, or by June 15 of the following year if submitted during the non-growing season. Documentation that all work has been completed shall be provided to the Environmental Coordinator. B. Wetland Replacement Monitoring Reports are due by December 1 of each year until the wetland replacement is determined to be complete by the LGU with advice from the Technical Evaluation Panel. The Wetland Replacement Monitoring Report shall document that the standards outlined in Minnesota Rules Chapter 8420.0522 and subdivision 14 of this Section have been met. C. All reports submitted for review shall be provided in electronic (PDF) format in color. All maps in PDF version shall be developed for an 11" x17" printable format with sufficient detail that all features are legible. Subd. 9. Wetland Buffer Strip and Setback Requirements. A. For a lot of record or a development application approved by the City Council after February 1, 2000, the applicant shall maintain a wetland buffer strip around the perimeter of all wetlands, including those constructed as part of a Wetland Replacement Plan. The structure setback and wetland buffer strip provisions of this Section shall not apply to a lot of record as of February 1, 2000, although the City strongly encourages the use of a wetland buffer strip and setback on all lots in the City. In addition, any property located in the Lower Minnesota River, Nine Mile Creek or Riley Purgatory Bluff Creek Watershed Districts shall comply with any buffer and setback requirements imposed by the districts. B. Wetland buffer strips and structure setbacks shall apply regardless of whether or not the wetland is on the same parcel for which the development application has been submitted. For parcels on which the wetland is on an adjacent parcel, the wetland buffer strip and structure setback requirements for the subject parcel shall be reduced by the distance between the property line of the parcel and the wetland on the adjacent parcel. This provision in no way reduces or eliminates any other setbacks required by the City Code or any other law or regulation. C. The applicant shall establish and maintain wetland and wetland buffer strip vegetation in accordance with the requirements of subdivision 11 of this Section. Wetland buffer strips shall be identified within each lot by permanent monumentation approved by the Environmental Coordinator in accordance with subdivision 10 of this Section. D. Non-native or invasive vegetation, such as European buckthorn, purple loosestrife and reed canary grass, or dead or diseased trees that pose a hazard may be removed from a wetland buffer strip provided that a Vegetation Management Plan is submitted to the Environmental Coordinator on a form provided by the City for review and written approval. The Vegetation Management Plan shall comply with the wetland and wetland buffer strip standards found in subdivision 11 of this Section or as required by the Environmental Coordinator. E. All structures, including retaining walls, roadways and trails, shall meet the structure setback and wetland buffer strip standards established in Table 1 below. The use of a meandering wetland buffer strip to maintain a natural appearance shall be incorporated where feasible. F. Filling a wetland to create a wetland buffer strip is prohibited. G. Trails that are intended to serve an interpretive function, as determined by the Environmental Coordinator, are exempted from the wetland buffer and structure setback requirement. H. An existing structure, driveway or parking area shall be considered a non-conforming use if a later WCA delineation shows that the wetland is closer to the structure than the required wetland buffer or structure setback. Table 1 -Wetland Buffer Strips and Structure Setbacks Exceptional High Moderate Low _ Wetland Buffer Strip Minimum Width 40' 30' 20' 10' Wetland Buffer Strip Minimum Average Width 60' 60' 40' 20' Structure Setback(from Wetland Buffer Strip) 25' 25' 15' 15' Total Minimum Average 85' 85' 55' 35' Subd. 10. Monumentation. A monument is required at each lot line where it crosses a wetland buffer strip and shall have a maximum spacing of 200 feet along the edge of the wetland buffer strip. Additional monuments shall be placed as necessary to accurately define the edge of the wetland buffer strip. If no wetland buffer strip is required,monuments shall be placed at the wetland boundary. The monument shall consist of a post and a wetland buffer strip sign. The post shall be a 1.12 to 2.0 pounds per foot (1.12 pounds per foot is preferred) green steel channel post or other material pre- approved in writing by the Environmental Coordinator. The post shall be a minimum of 2.25 inches wide and 6 feet 6 inches long (2.25" x 6.5'). The sign shall have a minimum size of 3 inches by 8 inches (3" x 8"). The sign shall be mounted flush with the top of the post and shall include the statements "Conservation Easement: No Mowing Allowed" and "Wetland and buffers filter pollutants, reduce flooding and provide habitat" or other statement approved in writing by the Environmental Coordinator. The post shall be mounted to a height of four feet above grade and set at least 2.5 feet in the ground. Monuments may be waived in unusual circumstances where the Environmental Coordinator determines that such signs would not serve a practical purpose. Subd. 11. Vegetation Performance Standards. A. Where acceptable native, non-invasive vegetation exists in wetland, wetland replacement and wetland buffer strip areas, the retention of such vegetation in an undisturbed state is required unless an applicant receives written approval from the Environmental Coordinator or any other agency which may regulate the removal or replacement of such vegetation. A wetland and/or wetland buffer strip has acceptable natural vegetation if it: 1. Has a continuous, dense layer of perennial grasses that have been uncultivated or unbroken for at least 5 consecutive years, or 2. Has an overstory of trees and/or shrubs with at least 80 percent canopy closure that have been uncultivated or unbroken for at least 5 consecutive years, or 3. Contains a mixture of the plant communities described in (1) and (2) above that have been uncultivated or unbroken for at least 5 consecutive years. B. Notwithstanding the performance standards set forth above, the Environmental Coordinator may determine existing wetland and/or wetland buffer strip vegetation to be unacceptable if the wetland and/or wetland buffer: 1. Is composed of weeds (including, but not limited to common buckthorn, purple loosestrife, leafy spurge and/or noxious weeds as defined by Minnesota Statutes Sections 18.76-18.88), or 2. Has topography that tends to channelize the flow of surface runoff, or 3. For some other reason is unlikely to retain nutrients and sediment. C. Areas with unacceptable vegetation shall be re-graded, re-seeded and/or re-planted as needed and maintained in accordance with this subdivision 11. The wetland, wetland replacement and wetland buffer strip planting requirements must be included in the Wetland Delineation Report, Wetland Buffer Strip Evaluation Report or Wetland Replacement Plan Monitoring Report. Wetland, wetland alteration, wetland replacement and wetland buffer strip landscaping shall be according to the following standards: 1. Wetland buffer strips shall be planted with a diverse native, non-invasive seed mix appropriate for the specific site conditions that contains 100 percent perennial native vegetation. A one-time planting of an annual nurse or cover crop such as oats or rye may be included. 2. Seed mix used shall be a BWSR-approved seed mix appropriate for the area requiring reseeding or other alternative pre-approved in writing by the Environmental Coordinator. The seeding rate shall be at the rate recommended by the BWSR seed mix criteria or other pre-approved alternative. 3. Native shrubs may be substituted for the native seed mix where appropriate. All substitutions must be pre-approved in writing by the Environmental Coordinator. Such shrubs may be bare root seedlings and shall be planted at a minimum rate of 60 plants per acre. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows. 4. Any groundcover or shrub plantings installed within the wetland or wetland buffer strip are independent of landscaping required elsewhere by the City Code. 5. Native prairie grasses and forbs shall be seeded or planted by a qualified contractor in accordance with "Native Vegetation Establishment and Enhancement Guidelines" (published June 2016 by BWSR) or other alternate method pre-approved by the Environmental Coordinator. Determination of the contractor's qualifications shall be made by the Environmental Coordinator. It is the responsibility of the applicant to have the contractor and method used approved by the Environmental Coordinator prior to planting or seeding. 6. No fertilizer shall be used in establishing new wetland buffer strips, except when deemed necessary to establish acceptable wetland and/or wetland buffer strip vegetation and then limited to amounts indicated by an accredited soil testing laboratory. Determination of proper accreditation shall be made by the Environmental Coordinator. 7. All seeded areas shall be mulched immediately with clean straw at a rate of 1.5 tons per acre. Mulch shall be anchored with a disk or tackifier. 8. Wetland, wetland replacement and wetland buffer strip areas (both natural and created), shall be protected by erosion control during construction in accordance with City Code Section 11.55. 9. The erosion control shall remain in place until the cover crop is established. D. The applicant shall establish and maintain the wetland and wetland buffer strip vegetation in accordance with the requirements of this Section, both during development and for two full growing seasons after completion of the development. During this time, the applicant shall replant or reseed any wetland and/or wetland buffer strip vegetation that does not survive. E. After the second full growing season following completion of the development, if the condition of the wetland and/or wetland buffer strip diminishes, the applicant shall not be required to reestablish the wetland and/or wetland buffer strip to meet the standards contained in this subdivision 11. However, wetlands created for wetland replacement must be monitored and maintained by the applicant until the wetland is reviewed and approved by the LGU in accordance with the requirements established by subdivision 14 of this Section and Minnesota Rules Chapter 8420. After such times, the owner of the property on which the wetland and/or wetland buffer strip is located shall be responsible for the maintenance of the wetland,wetland alteration,wetland replacement and/or wetland buffer strip areas and shall: 1. Maintain and repair damage to wetland and/or wetland buffer strip areas from activities such as mowing, cutting, grading or other prohibited activities unless approved by the City in writing as a Vegetation Management Plan. 2. Maintain only vegetation permitted in the Vegetation Management Plan or as found in this subdivision 11 in the wetland and wetland buffer strip, including the removal of all weeds,unless allowed otherwise in writing by the Environmental Coordinator. 3. Ensure that all soil surfaces in wetland and wetland buffer strip areas are planted with permitted vegetation and that there are no open soil surfaces that may result in erosion. 4. Maintain the wetland and wetland buffer strip as a"no mow" area. Subd. 12. Encroachment in Required Setback and Wetland Buffer Strip Areas. A. Wetlands and wetland buffer strips shall be kept free of all structures. B. A maximum of ten percent (10%) of the structure setback area may be occupied by any structures. C. Wetlands and wetland buffer strips shall not be mowed, chemically treated or otherwise altered except as approved by the Environmental Coordinator after submission of a Vegetation Management Plan. D. Variances and Waivers 1. Only variances meeting the standards and criteria set forth in Section 11.76 of this Code and waivers approved pursuant to Section 11.40 of this Code for a Planned Unit Development (PUD) process shall be granted. All variance requests must be made to the Board of Adjustments and Appeals. All waiver requests must be made to the Planning Commission and the City Council. 2. Variances or waivers shall not be granted which would violate state law or rule or circumvent the intent and purposes of this Section or Minnesota Rules 8420. Subd. 13. Financial Assurance Required. If a development application includes wetland alteration,wetland or wetland buffer strip landscaping, or construction of a wetland buffer strip, the applicant shall file with the Environmental Coordinator prior to release of the final plat, or, if there is no plat approval involved, prior to the first building permit issued for the entire subject property, a performance bond, cash escrow, or letter of credit with a corporation approved by the Environmental Coordinator, as surety thereon, or other guarantee acceptable to the Environmental Coordinator and in an amount determined by the Environmental Coordinator as set forth below ("Financial Assurance"). Financial Assurance requirements for Development Applications for areas where the City is the LGU are set forth in subdivision 14 of this Section. A. Amount - The amount of the Financial Assurance shall be for no less than one and one-half (1 %2) times the amount estimated by the Environmental Coordinator as the cost of completing a wetland plan for monument installation and replacement and restoration and/or correction of the wetland and/or wetland buffer strip. B. Schedule - The Financial Assurance for the wetland plan must cover two complete growing seasons following completion of the development and full and final restoration of all corrective actions identified in the Final Annual Report and shall be conditioned upon complete and satisfactory implementation of the approved Wetland Plan or Vegetation Management Plan and final inspection and approval of the wetland and wetland buffer strip by the City. C. Submissions — With the Financial Assurance, the applicant shall provide to the Environmental Coordinator a copy of a signed contract with an environmental consultant to monitor construction activities and annual compliance and certify final completion of the wetland, wetland buffer strip and wetland replacement requirements. D. Form of Application—The Financial Assurance shall be posted within 10 days of approval of the development application and prior to the commencement of the work or the preparations thereof. Subd. 14- Special Requirements for Wetland Conservation Act(WCA) Services. The following provisions apply to areas for which the City is the LGU for WCA. All survey information shall be provided in the Minnesota County Coordinate System, Hennepin County North American Datum 1983 (NAD83) (1996) projection in U.S. Survey feet. All vertical elevations shall be in North American Datum 1988 (NAVD88). A. Wetland Evaluation / Wetland Determination Review. Applications for WCA review must include a report documenting site conditions; wetland delineation and/or determination review procedures; a statement as to whether wetlands are present on site; a statement as to whether an exemption is requested; and whether work is proposed which will result in a loss or alteration of wetland. Reports must be prepared in accordance with the following paragraph B. B. Wetland Delineation, Wetland Determination, Wetland Exemption and No-Loss Determination Review Application. The applicant shall complete and file with the Environmental Coordinator an "Application for Review of Wetland Determinations" in the form required by the Environmental Coordinator ("Review Application"). The Review Application, including the following information, must be filed with the Environmental Coordinator a minimum of one week prior to scheduling a field review by the Environmental Coordinator: 1. One print copy and one electronic (PDF) version in color of the Wetland Delineation Report, Wetland Determination Report, Wetland Exemption Report, and/or No-Loss Determination Report. All maps in the PDF version shall be developed for an 11" x 17" printable format with sufficient detail so all features are legible; 2. Scaled public land survey map of the wetland delineation and boundary, transect locations and sample points; 3. Survey data in a format compatible with ArcView software; 4. A minimum of two wetland field data forms per wetland representing the wetland parameters at two locations along with a data form documenting upland conditions at each location; 5. Such other information as required by the Environmental Coordinator or Minnesota Rules 8420. An applicant may request an exemption or no-loss determination in accordance with the provisions of Minnesota Rules 8420. C. Wetland Alteration Application Requirements. Wetland Alteration, including constructing boardwalks, removing healthy native vegetation or otherwise altering or destroying any wetland or wetland function, either wholly or partially,by any person, requires submission of a Joint Wetland Permit Application in addition to the Review Application for review and approval by the City. Except for those wetlands exempt under Minnesota Rule 8420.0420, any alteration to a wetland must result in a zero net loss. D. Wetland Replacement Plan Application — The Joint Wetland Permit Application and the Review Application (together, the "Wetland Replacement Plan Application") shall be made in writing to the City. The Wetland Replacement Plan Application shall set forth the location and plan for the proposed project. The applicant must provide one printed and one electronic (PDF) version in color(all maps in PDF version shall be developed for an 11" x 17" printable format with sufficient detail so all features are legible). The Wetland Replacement Plan Application, including the following information, shall be filed with the Environmental Coordinator a minimum of two weeks prior to scheduling a Technical Evaluation Panel review with the Environmental Coordinator. The Wetland Replacement Plan Application must include: 1. The name and address of the owner(s) of the land where the project will occur. 2. The estimated period of time within which the project will be conducted. 3. A topographic map of the proposed project area(s) to a minimum scale of one inch equals 50 feet showing existing ground elevation contours at two-foot intervals. The map shall show: a. The size and location of the wetland in relation to the property boundaries, including a scaled public land survey with the coordinates of the approximate wetland center and sample locations. b. The property and a minimum of 50 feet of land abutting the property, as it existed prior to the proposed land alteration. c. The proposed ground elevation contours at 2 foot intervals on the property when the land alteration is completed. d. Locations of any surface inlets or outlets draining into or out of the wetlands. e. Pre- and post-drainage areas for all existing and proposed wetlands. f. Photographic reference points and proposed transect or sampling locations for wetland replacement or wetland banking plans. g. Survey data in a digital shapefile or comma delimited ASCII file format compatible with ArcView software. 4. The wetland type of all existing and proposed wetlands, including a comparison to the Eggers and Reed"Wetland Plant Community Types" document. 5. Recent color aerial photograph of the proposed impact area. 6. Grading plan of the proposed project area(s) to a minimum scale of one inch equals 50 feet prepared by a registered professional engineer that includes appropriate drainage areas and drainage calculations, proposed two-foot contours of the land when the project is complete and erosion control to be used during construction. Construction details, including the proposed elevations and contours, for any control structures must be included on the plans. 7. Landscaping or revegetation plan at the same scale as the topographic map. 8. Such other information as may be necessary to evaluate the proposed wetland alteration and wetland replacement plans and to determine the amount and types of wetland to be impacted. 9. Such other information as required by the City or by Minnesota Rules 8420 for application procedures. E. Wetland Replacement Plan Approval. Wetland Replacement Plan Applications shall be subject to the approval by the Environmental Coordinator. If the Environmental Coordinator determines that a feasible and prudent alternative exists that would avoid or minimize impacts to the wetland, he or she shall deny the Wetland Replacement Plan Application. The Environmental Coordinator shall make his or her decision regarding the Wetland Replacement Plan Application in accordance with Minnesota Statutes 15.99, Subd. 3. Approval of the Wetland Replacement Plan Application shall be valid for a period of no more than three years. If the work has not begun within three years of the date of approval of the Application, the approval shall be void. Approval of an application for wetland alteration and/or wetland replacement does not exempt the applicant from obtaining any and all other necessary permits for work within a wetland and/or wetland buffer. F. Wetland Replacement Annual Reports. Annual reports shall be prepared in accordance with Minnesota Rules 8420.0810 and shall include the following information: 1. Reference photographs taken within 4 weeks of completion of the grading and within 4 weeks of completion of the landscaping; 2. A description of activities completed in the current year; 3. A list of activities planned for the following year; 4. As-built plans (for the first year only) to a minimum scale of one inch equals 50 feet showing existing ground elevation contours at two-foot intervals; 5. A comparison of actual conditions with the as-built specifications and proposed plans; 6. Monthly hydrology measurements from April through October; 7. A list of vegetation that have 10%coverage or more; 8. A comparison of proposed versus actual wetland types within the wetland and wetland replacement areas; 9. Map of the plant communities within the wetland, wetland replacement and wetland buffer areas included in the Wetland Replacement Plan. The map shall be overlain on the topographic map provided for the Wetland Replacement Plan; 10. Monthly color photographs from the photographic reference points from April to October; and 11. All information required by Minnesota Rules 8420 for wetland replacement reporting. If the City does not receive either: 1) an annual monitoring report; or 2) notification that the report will be provided prior to December 31 of each monitoring year, the City will charge the applicant for costs incurred by the City, including staff time, to collect the information needed to complete the Wetland Replacement Annual Report. G. Fees. Submission of requests for wetland determinations, sequencing flexibility, wetland delineation reviews, no-loss determinations, field or technical reviews of current or historic wetland and/or wetland buffer conditions, or an application for a Wetland Replacement Plan shall be accompanied by a non-refundable application fee and a cash deposit in such amounts as determined by the City Council and fixed by ordinance. The cash deposit, or a portion thereof, will be refunded after completion of City review and approval of the submittal, unless the total sum is greater than the administrative review cost. Costs may include,but are not limited to: 1. Consultant fees assisting in City review, providing technical assistance or other services required to meet WCA requirements; 2. City staff time expended in review, approval and processing of the request or application or other services required to meet WCA requirements; 3. Consultant fees or City staff time expended in coordinating and holding Technical Evaluation Panel meetings; 4. Mailings, legal notices, and other administrative costs; and 5. Any other reasonable costs incurred by the City in review of the proposal. Full payment of the fees and cash deposit must be made by the applicant prior to consideration of the request. All costs incurred by the City greater than the cash deposit balance will be billed to the applicant. H. Financial Assurance. The amount of the Financial Assurance required in subdivision 13 of this Section shall include costs associated with City and WCA requirements for wetland alteration or wetland replacement projects, including but not limited to construction, seeding, planting, monument installation and annual monitoring. The Financial Assurance shall be retained by the City until either (i) approval of the project as final by the Environmental Coordinator; or (ii) a minimum period of 5 years. The Financial Assurance must include costs associated with re-grading or purchase of off-site wetland replacement if on-site wetland replacement is unsuccessful. The Financial Assurance shall be extended beyond the required monitoring period for up to an additional five-year period if, in the written opinion of the Technical Evaluation Panel, the goal of the replacement plan has not been achieved but maybe achieved with more time. The amount of security shall be 150% of the estimated cost to complete the scope of work associated with the Wetland Plan and/or Wetland Replacement Plan. I. Wetland construction or replacement must be conducted as required in Minnesota Rules 8420 and the Minnesota Wetland Restoration Guide issued by BWSR. Subd. 15—Submissions,Decisions, and Appeals. A. All applications, information, analyses and reports required by this Section shall be in the form required by the City and shall be submitted to the Environmental Coordinator by the applicant in conjunction with the submission of the development application. B. All applications, information, analyses and reports required by this Section shall be subject to review and approval by the Environmental Coordinator in accordance with the procedures set forth in Minnesota Rules 8420.0255. Applicants shall be notified of the decision of the Environmental Coordinator in writing, which shall be mailed to the address listed on the Application for Review of Wetland Determinations. All decisions made by the Environmental Coordinator are final unless a timely appeal is filed with the City Council. C. All decisions made by the Environmental Coordinator may be appealed to the City Council in accordance with Minnesota Rules 8420.0905. The appeal must be in writing, must be accompanied by payment of all applicable fees, and must be filed with the City Engineer within 30 days of the date the written notice of the decision is sent. The City Council shall make a ruling on the appeal within 30 days of the date of the filing of the appeal unless the City Council and the appellant mutually agree in writing to an extension. D. A decision of the City Council may be appealed to BWSR pursuant to Minnesota Rules 8420.0905. E. An applicant proceeds at its own risk if it proceeds with work that has not been approved while an appeal is pending. If the decision is granted or revised on appeal, the applicant is responsible for restoring and replacing all wetland impacts inconsistent with the final decision. Subd. 16—Enforcement and Remedy. In addition to the remedy provided for in City Code Section 11.99,the provisions of this Section may be enforced in accordance with Minnesota Rule 8420.0900, or any other remedy provided for in law or equity. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. 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 16th day of May, 2017, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 13th day of June, 2017. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2017. EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.51 RELATING TO WETLAND PROTECTION; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: The following is only a summary of Ordinance No. -2017. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. SUMMARY: The Ordinance amends City Code Section 11.51 which establishes regulations for wetland protection. The proposed revision clarifies processes and procedures related to wetland applications and reviews and brings the Wetland code up to date with current state requirements. This Ordinance incorporates, by reference, City Code Chapter 1 and City Code Section 11.99, which contain provisions relating to penalties. 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 OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO._-2017 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. _-2017 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 13th day of June, 2017. 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. _-2017 is lengthy. B. The text of summary of Ordinance -2017, 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 No. -2017 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 June 13, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO: Administration, Alecia Rose Letter Agreement with HealthPartners for VIII. E. Human Resources Manager Employee Medical and Dental Insurance Requested Action Move to: Authorize City Manager to sign Letter of Agreement with HealthPartners for employee medical and dental insurance. Synopsis The City issued a request for proposal for employee medical and dental insurance coverage effective January 1, 2018 through December 31, 2018. Medica, PreferredOne, LOGIS, Public Employees Insurance Program (PEIP), and HealthPartners submitted qualified proposals for medical insurance. Proposed rates in the proposals for the first year ranged from a 4% increase to a 10.66% decrease. Rate caps for years beyond the first year were only given by HealthPartners for four years (7%, 8%, 9%, 9%), PreferredOne for two years (7.5%, 9.5%), and LOGIS for three years (10%, 11%, 12%). Lincoln Financial, MetLife, Delta Dental, and HealthPartners submitted qualified proposals for dental insurance. Proposed rates in the proposals for the first year ranged from a 3% increase to a 8.9% decrease. Rate caps for years beyond the first year were given by Lincoln Financial for one year (6.5%), MetLife for one year (7%), Delta Dental for two years (0%, 0%), and HealthPartners for two years (3%, 5%). City staff worked with Arthur J. Gallagher, Inc (health insurance consultants) and an employee benefit committee in selecting HealthPartners as both the best medical and dental insurance proposal. Attachment Letter of Agreement between HealthPartners and the City of Eden Prairie Multiyear Health Plan Agreement This AGREEMENT is made by and between HealthPartners, Inc. a Minnesota nonprofit corporation ("HealthPartners") and City of Eden Prairie ("Client"), together "the Parties", and is effective as of January 1,2018 ("Effective Date") ("the Agreement"). RECITALS WHEREAS, the Parties desire to enter into a mutually beneficial long term relationship which will bring stability and predictability to the costs of providing high quality health care benefits to the Client's employees and dependents, and WHEREAS, Client has released a request for proposal contemplating a multi-year agreement and HealthPartners has responded to such request("Proposal"), and WHEREAS, in exchange for such a long term relationship, HealthPartners is willing to offer guaranteed rates to Client and Client is willing to remain contracted with HealthPartners for the term of the Agreement and WHEREAS, each Party has independently determined that this Agreement is in its best interests and each Party is committed to a successful implementation of the terms and conditions expressed in this Agreement; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the Parties hereby agree as follows; ARTICLE 1 HEALTHPARTNERS DUTIES 1.1 Plan Offering. HealthPartners shall provide for the time period specified("Plan Years"),the health plan coverage("Product"or"Products")as described in the HealthPartners Proposal of March 23,2017 under the terms of this Agreement. In the event a particular Product is no longer offered, a comparable Product in terms of benefit design will be offered upon renewal with appropriate actuarial values of any benefit changes applied to the Guaranteed Rates as described in Section 1.2. 1.2 Guaranteed Rates. HealthPartners guarantees, for the Plan Years described in the Proposal,the rates for all Products as follows, or the standard HealthPartners renewal calculation for all Products,whichever is more favorable to Client: Table 1 Guaranteed Rates Plan Year Plan Year Plan Year Plan Year Plan Year 2018 2019 2020 2021 2022 $1000-80% Single $688.21 $736.38 $795.29 $858.91 $936.21 Single+One $1376.42 $1472.77 $1590.59 $1717.84 $1872.45 Family $1634.49 $1748.90 $1888.81 $2039.91 $2223.50 1111.1t L1CaIthPartnerr 6/13/17 Page 1 of 5 $1250-80% Single $688.21 $736.38 $795.29 $858.91 $936.21 Single+One $1376.42 $1472.77 $1590.59 $1717.84 $1872.45 Family $1634.49 $1748.90 $1888.81 $2039.91 $2223.50 $2000-80% Single $548.14 $586.51 $633.43 $684.10 $745.67 Single+One $1096.32 $1173.06 $1266.90 $1368.25 $1491.39 Family $1301.87 $1393.00 $1504.44 $1624.80 $1771.03 $2250-80% Single $548.14 $586.51 $633.43 $684.10 $745.67 Single+One $1096.32 $1173.06 $1266.90 $1368.25 $1491.39 Family $1301.87 $1393.00 $1504.44 $1624.80 $1771.03 1.3 Adjustments.Notwithstanding the above,the following exceptions and adjustments apply to the Guaranteed Rates described in Section 1.2: a. The actuarial value of any new or increased premium taxes, industry fees, excise taxes, research fees, or any other government or regulatory assessments, or other taxes as a result of any change in law or regulation, including but not limited to,the Affordable Care Act of 2010 or other state or federal health care reform legislation, shall result in a corresponding change to the Guaranteed Rates. The Guaranteed Rates and the Standard Rates do not include the excise tax on high cost health plans under section 49801 of the Internal Revenue Code("the Cadillac Tax"effective January 1,2018, deferred until 2020); all amounts due under the Cadillac Tax are payable by Client in addition to Product rates. b. The actuarial value of any new or increased eligibility or benefit mandated by law or regulation or other change to Product features required by law shall result in a corresponding change to the Guaranteed Rates. c. Any enrollment change of 10%or more from initial enrollment,whether due to expansion, merger, acquisition, sale,reduction in force or other reason,may result in a revision to the Guaranteed Rates, at the sole discretion of HealthPartners. 1.4 Renewals. HealthPartners shall release a standard renewal calculation prior to the end of each Plan Year. ARTICLE II CLIENT DUTIES 2.1 Sole Carrier. Client shall remain directly contracted with HealthPartners on a fully insured basis as the sole carrier offered to any and all Client employees for any medical benefit offering,during the term of this Agreement. 2.2 Master Group Contract. This Agreement is subject to all the terms and conditions of the fully insured Master Group Contract issued separately upon acceptance of the Client's application for coverage. 2.3 Contribution and Participation. Client shall: a. maintain the current employer premium and fund contribution strategy, b. maintain the current Product offerings, c. meet the current participation guidelines, and d. fulfill HealthPartners coverage requirements of the Master Group Contract regarding Product offerings. 1111.1t L1CaIthPartnerr 6/13/17 Page 2 of 5 2.4 Authority.Client represents and warrants that it has full authority under law and its governance requirements to enter into this Agreement. By executing this Agreement below, Client intends for HealthPartners to rely on the authority of the signatory to this Agreement to bind the Client to the terms of this Agreement. ARTICLE III TERM,TERMINATION AND BREACH 3.1 Term. This Agreement applies to the Plan Years as shown in Section 1.2, for a total Guaranteed Rate period of 60 months. 3.2 Early Termination or Breach. In the event Client terminates this Agreement prior to the completion of the last Plan Year or fails to comply with any of the terms of this Agreement or the Master Group Contract described in Section 2.3, Client shall pay to HealthPartners the Rate Differentials as shown in Table 3 (i.e.,the difference between the Guaranteed Rates of Table 1 and the Standard Rates of Table 2),times the last month's enrollment times the number of months remaining to the completion of the last Plan Year. Table 2 Standard Rates Plan Year Plan Year Plan Year Plan Year Plan Year 2018 2019 2020 2021 2022 $1000-80% Single $729.50 $780.56 $843.01 $910.44 $992.38 Single+One $1459.01 $1561.14 $1686.03 $1820.91 $1984.80 Family $1732.56 $1853.83 $2002.14 $2162.30 $2356.91 $1250-80% Single $729.50 $780.56 $843.01 $910.44 $992.38 Single+One $1459.01 $1561.14 $1686.03 $1820.91 $1984.80 Family $1732.56 $1853.83 $2002.14 $2162.30 $2356.91 $2000-80% Single $581.03 $621.70 $671.44 $725.15 $790.41 Single+One $1162.10 $1243.44 $1342.91 $1450.35 $1580.87 Family $1379.98 $1476.58 $1594.71 $1722.29 $1877.29 $2250-80% Single $581.03 $621.70 $671.44 $725.15 $790.41 Single+One $1162.10 $1243.44 $1342.91 $1450.35 $1580.87 Family $1379.98 $1476.58 $1594.71 $1722.29 $1877.29 Table 3 Rate Differentials Plan Year Plan Year Plan Year Plan Year Plan Year 2018 2019 2020 2021 2022 $1000-80% Single $41.29 $44.18 $47.72 $51.53 $56.17 Single+One $82.59 $88.37 $95.44 $103.07 $112.35 Family $98.07 $104.93 $113.33 $122.39 $133.41 1111.1t HealthPartnerr 6/13/17 Page 3 of 5 $1250-80% Single $41.29 $44.18 $47.72 $51.53 $56.17 Single+One $82.59 $88.37 $95.44 $103.07 $112.35 Family $98.07 $104.93 $113.33 $122.39 $133.41 $2000-80% Single $32.89 $35.19 $38.01 $41.05 $44.74 Single+One $65.78 $70.38 $76.01 $82.10 $89.48 Family $78.11 $83.58 $90.27 $97.49 $106.26 $2250-80% Single $32.89 $35.19 $38.01 $41.05 $44.74 Single+One $65.78 $70.38 $76.01 $82.10 $89.48 Family $78.11 $83.58 $90.27 $97.49 $106.26 3.3 Group Size. In the event federal or state law requires community rating for groups of a particular size and Client's group size falls within such parameters,upon the effective date of such change as applied to Client,this Agreement will be terminated and appropriate replacement products and rates will be offered, in accordance with current law. 3.4 Waiver. In the event state or federal law requires the Client to terminate this Agreement, HealthPartners may waive some or all of the Rate Differentials, in its sole discretion. ARTICLE IV THIRD PARTIES 4.1 Client Due Diligence. Client has received advice and counsel from a third party consultant, which the Client separately selected and retained, as part of its due diligence in the process of selecting a carrier for the Plan Years covered in this Agreement. Client acknowledges that such third party consultant is not an agent of HealthPartners and is an independent advisor not selected by HealthPartners. ARTICLE V MISCELLANEOUS 5.1 Governing Law,Jurisdiction,and Venue: This Agreement shall be governed by and interpreted under Minnesota law.Any lawsuit arising directly or indirectly out of this Agreement shall be brought in a court of competent jurisdiction located in the state of Minnesota. 1111.1t L1CaIthPartnerr 6/13/17 Page 4 of 5 Accepted and agreed to,with an Effective Date as noted first above: HealthPartners,Inc. Signature Date Douglas N. Smith Senior Vice President,Health Solutions, Sales& Account Service City of Eden Prairie Signature Date Name Title Signature Date Name Title 1111.1t HealthPartnerr 6/13/17 Page 5 of 5 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Rick Getschow, City Manager Resolution approving participation in the VIII.F. Performance Measurement Program established by the Council on Local Results and Innovation Requested Action Move to: Adopt the resolution approving participation in the performance measurement program established by the Council on Local Results and Innovation. Synopsis The City of Eden Prairie has already implemented the required 10 measures with the majority of them coming from the Quality of Life Survey. We will be updating the current Goals and Results page on the City website to reflect the new data. This resolution is a formality to adopt the measures and approve using results we already have for a state program in order to receive financial benefit. Background In February 2012, the Council on Local Results and Innovation created a voluntary performance measurement program. Requirements of the program include officially adopting and implementing the ten minimum performance measures, reporting the results to the residents through at least one of the following means: publication, direct mailing,posting on the entity's website, or through a public hearing at which the budget and levy will be discussed and public input allowed, and submission of the resolution and results to the Office of the State Auditor. Benefits to the City of Eden Prairie for participation include a reimbursement of$0.14 per capita annually and exemption from levy limits for taxes, if levy limits are in effect. The intention is to use the funds to support participation in the ICMA Insights performance management and analytics program. This will help staff to advance our current goals and results performance measures increasing transparency. Attachments • Resolution • Performance Measurement Report Submittal • Performance Measurement System Requirements • List of Standard Measures for Cities CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- _ RESOLUTION APPROVING PARTICIPATION IN THE PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY THE COUNCIL ON LOCAL RESULTS AND INNOVATION WHEREAS, the Council on Local Results and Innovation established by the Minnesota Legislature has implemented a voluntary performance measurement and reporting program; and WHEREAS,benefits to the City of Eden Prairie for participation include a reimbursement of $0.14 per capita annually and exemption from levy limits for taxes, if levy limits are in effect; and WHEREAS, the Council on Local Innovations and Results has established a standard set of measures for cities to adopt and report; and WHERAS, the City has adopted and implemented at least 10 of the measures in order to satisfy the program's requirements. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: The City of Eden Prairie will report the results of the performance measures to its citizenry by the end of the year through publication, direct mailing, posting on the city's/county's website, or through a public hearing at which the budget and levy will be discussed and public input allowed. BE IT FURTHER RESOLVED, the City Council of Eden Prairie will submit to the Office of the State Auditor the actual results of the performance measures adopted by the City. ADOPTED by the Eden Prairie City Council on the 13th day of June, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk Performance Measurement Program Report Mjil EDENCity of Eden Prairie 5/26/2017 PRAIRIE LIVE•WORK•DREAM General Measure Result Notes Rating of the overall quality of Eden Excellent-41% 2016 Quality of Life Survey- Prairie services Good-49% 1614 Reponses Fair-5% Poor- 1% Don't Know- 5% Citizens' rating of the overall Excellent-58% 2016 Quality of Life Survey- appearance of the city Good-38% 1704 Responses Fair-3% Poor-0% Don't Know-0% Bond Rating Aaa Moody's Investors Service AAA Standard & Poor's Rating Services Citizens' rating of the quality of city Recreation services(programs 12016 Quality of Life Survey- recreational programs and facilities and classes) Recreation services- 1621 Excellent-45% responses Good-37% Fair-7% Poor- 1% Don't Know- 11% 2016 Quality of Life Survey- Recreation centers or facilities Recreation centers or Excellent- 51% facilities- 1627 responses Good-35% Fair-5% Poor-0% Don't Know-8% Police Services Measure Result Notes Citizens' rating of safety in Excellent- 55% 2016 Quality of Life Survey- community(Overall feeling of Good-39% 1799 responses safety in Eden Prairie) Fair-4% Poor- 1% Don't Know-0% Fire& EMS Services Measure Result Notes Citizens' rating of the quality of Excellent-52% 2016 Quality of Life Survey- fire protection services Good-24% 1620 responses Fair-3% Poor- 1% Don't Know 21% Streets Measure Result Notes Citizens' rating of the quality of Excellent-35% 2016 Quality of Life Survey- city streets as a whole Good- 54% 1615 responses Fair- 10% Poor- 1% Don't Know-0% Citizens' rating of the quality of Excellent-47% 2016 Quality of Life Survey- snow removal on city streets Good-39% 1616 responses Fair-9% Poor-2% Don't Know-3% Water Measure Result Notes Citizens' rating of the quality of Excellent-45% 2016 Quality of Life Survey- the city's drinking water Good-36% 1619 responses Fair- 12% Poor-4% Don't Know-4% Sanitary Sewer _Measure Result Notes Citizens' rating of the quality of Excellent-36% 2016 Quality of Life Survey- water and sewer services Good-49% 1619 responses Fair-7% Poor-0% Don't Know-8% Standard Measures for Cities General Rating of the overall quality of services provided by your city(survey data,provide 1. completedresponses) Example of responses:excellent,good,fair,poor Year and total 2. Percent change in the taxable property market value County assessor's office data Citizens'rating of the overall appearance of the city (survey data,provide year 3. completed and total responses) Example of responses:excellent,good,fair,poor 4.* Nuisance code enforcement cases per 1,000 population (Number of cases/Population)x 1,000=cases per 1,000 population 5.• Number of library visits per 1,000 population (Number of visits/Population)x 1,000=visits per 1,000 population r 6.* Bond rating Standard&Poor's Ratings Services or Moody's Investor Services 7 Citizens'rating of the quality of city recreational programs and facilities (survey Example of responses:excellent,good,fair,poor data,provide year completed and total responses) 8.* Accuracy of post election audit(%of ballots counted accurately) Police • 9. Part I and II Crime Rates Submit data as reported by the Minnesota Bureau of Criminal Apprehension Services 110.` Part I and II Crime Clearance Rates Submit data as reported by the Minnesota Bureau of Criminal Apprehension Citizens'rating of safety in their community (survey data,provide year completed Example of responses:very safe,somewhat safe,neither safe nor unsafe,somewhat 11. and total responses) unsafe,very unsafe • 12. Average police response time Average time it takes to respond to top priority calls from dispatch to officer on scene. Fire&EMS ► Insurance Service Office(ISO)Rating.The ISO issues ratings to fire departments Services throughout the country for the effectiveness of their fire protection services and 13. Insurance industry rating of fire services equipment.ISO analyzes data and then assigns a classification from 1 to 10.Class 1 represents superior property fire protection and Class 10 indicates that the area's fire suppression program does not meet ISO's minimum criteria. Citizens'rating of the quality of fire protection services (survey data,provide year 14. Example of responses:excellent,good,fair,poor completed and total responses) ✓ Average time it takes from dispatch to apparatus on scene for calls that are dispatched 15. Average fire response time as a possible fire 16.* Fire calls per 1,000 population (Number of calls/population)x 1,000=calls per 1,000 population 17.* Number of fires with loss resulting in investigation 18.• EMS calls per 1,000 population (Number of calls/population)x 1,000=calls per 1,000 population • 19. Emergency Medical Services average response time Average time it takes from dispatch to arrival of EMS Streets Provide average rating and the rating system program/type.Example,70 rating on the 20. Average city street pavement condition rating Pavement Condition Index(PCI). r 21. Citizens'rating of the road conditions in their city (survey data,provide year Example of responses:excellent,good,fair,poor.Alternatively:good condition,mostly completed and total responses) good condition,many bad spots Expenditures for road rehabilitation per paved lane mile rehabilitated(jurisdiction 22.• Total cost for rehabilitations/ lane miles rehabilitated only roads) 23.• Percentage of all jurisdiction lane miles rehabilitated in the year Lane miles rehabilitated in year/total number of lane miles r 24.* Average hours to complete road system during snow event Citizens'rating of the quality of snowplowing on city streets(survey data,provide 25. Example of responses:excellent,good,fair,poor year completed and total responses) Water ► Citizens'rating of the dependability and quality of the city water supply (survey 26. Example of responses:excellent,good,fair,poor r data,provide year completed and total responses) 27. Operating cost per 1,000,000 gallons of water pumped/produced Centrally provided system:(actual operating expense for water utility/(total gallons ► pumped/1,000,000))=cost per million Sanitary Citizens'rating of the dependability and quality of city sanitary sewer service 28. Example of responses:excellent,good,fair,poor Sewer (Provide year completed and total responses) r 29. Number of sewer blockages.on city system per 100 connections Centrally provided system:(Number of blockages/number of connections)x 100= blockages per 100 connections *New or amended measure CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police Department Declare Abandoned Property VIII. G. 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 OLrc� FAO'T£C'I A ND SEAVE "PRAIRIE Abandoned Property Exhibit A PRAIRIE p y MINNESOTA Tag# Description of Property Serial Number 8270 #01 - Sog Trident Knife 8153 #02 - Black Gerber Knife (that was Valero's) 8271 #02 - MagLite XL50 LED Flashlight 8272 #03 - Sony Bloggie Touch 6998 #03: Silver Jack Stand - Processing Requested 8273 #04 - Coolpix S8200 8274 #05 - Outdoor Products Backpack 8275 #06 - RCA Headrest DVD Player Set 8276 #07 - Drummel Tool Set 8278 #09 -TomTom GPS Unit 6901 #09: Silver Flashlight, Lights on the Side, ON/OFF Button on Top 18513 #1 - Orange Magna "Ripclaw" boys bike SN/SL08042293 SL08042293 7974 #1 = Pink Padlock Set (2) 19699 #1 Orange Mongoose-index2.0 bike. Submitted into evidence for safe keeping. 12042 #10 - Eddie Bauer Binoculars 9905 #10: Misc Clothing with Tags 8280 #11 - Grey Duffle Bag 9906 #11: Misc Clothing with Tags 9907 #12: Misc Clothing with Tags 9908 #13: Misc Clothing with Tags 12050 #15b - Misc Jewelry from Purse (Plastic Baggie & Blue Plastic Container) 5430 #2 - (2) Pioneer Car Speakers 11286 #3 - WORX Black/Orange Power Drill S/N #201220038776 - Found Property 201220038776 2668 06 - Halogen Floor Lamp in Box 2670 11 - Sony Cybershot DSC-5750 Digital Camera w/Box 2682 18 - Prism 7" Portable LCD TV 04-28-2016 thru 05-26-2017 18875 Armitron watch 18898 Beats by Dr. Dre headphones Black HyperBikeCo, Spinner Pro Model, Pegs on both front and rear tire, Serial # 17353 WF12G0194876 WF12G0194876 18892 Black wrist Fitbit 18900 Black wrist Fitbit 17399 Blue and Black colored FIRST body harness, Newer, Has no entrys on inspection log. 505650 Blue Bag STC: Misc Clothes, Makeup, and Merchandise Return Cards from Various 14123 Locations. 11484 Blue Dr. Dre Bluetooth Speaker 1113015529 17352 Blue Schwinn Trailway, Grey Stripe on frame, Serial #SNXDS12E0102 SNXDS12E0102 17374 BSA Red Dot Scope 17551 Dyno Willow creek blu/pur mnt bike 18sp clear NCIC check SNFSD07L41888 10593 Easton Hammer Baseball Bat, Metal, Black in Color 17421 First Aid Kit taken from Item #1 (Tag#16558) 18860 Garmin brand Vivofit 3F7189187 15702 Item #01 -TomTom GPS Unit w/Cord, C_No. 4B4178A00501 4B4178A00501 Item #04 - Milwaukee M18 Red Lithium XC 4.0 Cordless Drill (S# D56CD142902059) in 15705 Red Case w/Contents D56CD142902059 Item #1: Callaway Big Bertha Diablo Driver red in color with a cover TaylorMade grey 16708 and red with gold on it. 18613 Item #1-Smith & Wesson Police Bike AC8L28092 15197 Item #2 - Six iron golf clubs 15198 Item #3 - Five driver golf clubs 16501 Item 4: iHome Speaker 17969 Item 5 - Giant Prodigy Bicycle, Blk/Red 21 Speed Mens 16502 Item 5: Canon Camera 19058 jbl speaker. hold for 90 days in case claimed. 2731 Large Purse, Gray with Pink Lining. 18160 Magna brand "Fix-D" bicycle (green wheels) DJFD117029 18772 mongoose Xjump Blk/ORG Boy bike Clear NCIC Check SNFSDO6CL8671 17065 NEXT POWERCLIMBER PUR/WHT MENS 18SPEED 66233865 15251 Nextar GPS w/Car Window Mount, Black in Color ML0910005073 17375 Nine assorted watches 04-28-2016 thru 05-26-2017 13525 One 10K Gold Bracelet 3564 Pg 02 -#14- Bag w/(2) Swann Surveillance Cameras 19036 raleigh M60 red/sil mens 28sp clear NCIC check U41K71849 P10276 18882 SanDisk clip sport MP3 player with green ear buds 18893 SanDisk Clip Sport MP3 player, black in color 16796 Schwinn Sierra, Black/Grey Bike CSC1A04869 18905 Studio brand watch - bracelet style, black and gold 11804 SWR#19 -Dell Projector 9G7Y3P1 14845 SWV#10 - DeWalt 1/2" Corded Drill (S# 513535) found in back seat 513535 14824 SWV#11 - Husky 3 Ton Car Jack found in back seat 14825 SWV#12 - Ping Orange G10 Titanium Driver found on floor back seat 14830 SWV#17 - DeWalt Cordless Circular Saw (S# 205189) found in trunk 14831 SWV#18 - DeWalt Corless Drill Model DC825 (S# 384790) found in trunk 384790 14832 SWV#19 - DeWalt Recipricating Cordless Saw (S# 580005) found in trunk 580005 14833 SWV#20 - DeWalt Cordless Recipricating Saw (S#815087) found in trunk 815087 11630 SWV#20c- Brown, Leather-like iPad Case -found in Trunk 11633 SWV#22 - (1) Compass in a Wood Box -found in Trunk 14837 SWV#24- Husky Pro Ratchet Set in Plastic Case found in trunk 11635 SWV#26 - (1) Pirate Sword -found in Trunk 14839 SWV#26 - Blue Cloth Bag w/DeWalt Battery & Charger found in trunk 14840 SWV#27 - Wood Case w/Tools found in trunk 11637 SWV#28 - (1) Decorative Knife in Sheath -found in Trunk 14841 SWV#28 -Yellow Jacket Charging &Testing Manifold found in trunk SWV#30 - Milwaukee Recipricating Saw, Saw Blades & Batteries found in Black 14843 Backpack on front passenger seat floor 15250 TomTom GPS Unit, Black and Grey M67447611029 17289 Triax VBX3000 adult bike. Blue, silver, and black in color, 38253990 Null Sony Boombox-AM/FM Cassette/CD player 29629 04-28-2016 thru 05-26-2017 F 0LICE'\ y ROTECT AND SERVR .� EDEN Converted Property Exhibit B \ '"PRAIRIE , MINNE SOT6 Tag# Description of Property Serial Number 5090 #01 - $316.00 ($1,016 in U.S. Currency minus $700 cash returned to owner on 03/19/13 per#49) 8151 #01 - Grey Gerber Folding Knife 7654 #01 - Micro Center 16GB Flash Drive containing Surveillance Video from Flagship Salon 5091 #02 - $614 in U.S. Currency 11080 #03 - iPad Air #03: (1) Gold Colored Canadian Dollar Coin and $0.14 cents American Currency (Found in jacket 7935 pocket of Woiak by#2) 9876 #06 - Sony Vaio Laptop, Service Tag# C600NTWS (including Power Cord) 5435 #1 -Jump Drive from MN Supply Co. 17535 #1-1 Ecig/black and Yellow puck/ Ecig parts from Ribnick. Convert to Training use. Serafin #14: Approx $33.90 U.S. Currency- all Coins except for $1 Bill - Found in Jacket Pockets of Johnson 7946 by#2 19176 $35.00 10382 (1) 4GB Sandisk USB Thumbdrive, Black in Color, from Costco 8258 (1) Micro Center 4GB Flash Drive containing Surveillance Video 13025 (1) Pair of Scotch Brand Scissors 10569 (1) USB Flash Drive - Prairie Pub Video 2671 09 - (3) Mouse Pads 2666 13 - HP Office Paper Box 2669 17 - Mouse Pad 17356 24 FT EXTENSION LADDER 12368 Black thumb drive (dropped off containing video) 10770 Envelope STC: Thumb Drive containing Video Footage 3541 Flash Drive w/Surveillance of Suspect 11373 Item #2: USB Flash Drive w/Video Surveillance of Suspect. 18544 Item #4-Yellow and black bolt cutters 11322 Jump Drive from Encore Boutique -Video 04-28-2016 thru 05-26-2017 9363 One Flash Drive from PDQ 2796 Pg 01 - #01 - AWS Digital Scale 5231 Pg 01 - #04 - Laser Digital Scale 5835 Pg 02 - #09 - Ajax container "hide". 7258 Pg 02 - #13 - Sentry safe & key (from car keychain). 7259 Pg 02 - #14 - New Samsung laptop. 2122 Pg 03D - #22 -Apple Macbook w/Charging Cable 5878 Pg 06 - #35 - Apple dealer ziplock baggies. 17373 Plastic container with numerous coins - $77.59 - submitted to City Hall 18078 SILVER COLORED IPAD IN BLACK LEATHER CASE-*** RETURN TO OWNER*** DMPNJMBKGSVT 14835 SWV#22 - Blue Point 4-Piece Easy Access & Inflate-a-Wedge Kit found in trunk 16801 Thumb Drive from Parkway Apartments -Video 13784 Toshiba Satellite Laptop Computer w/Charging Cord, Ser# 6E104447U 6E104447U 12352 USB drive containing Surveillance Video 4354 USB Flash Drive Tag#2667 - Logitech Cordless Desktop Keyboard 04-28-2016 thru 05-26-2017 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Joan Karst, Administration, Recarpet Fitness Floor at the Community Center VIII. H. Facilities Requested Action Move to: Award the contract for the replacement of Fitness Floor carpeting at the Community Center to LaVan Floor Covering Company. Synopsis Base Bid LaVan Floor Covering Company $ 32,708.00 Mars Carpet Sale $ 36,365.00 St. Paul Linoleum and Carpet Co. $ 37,027.00 Background • Fitness Floor will be recarpeted according to the specifications required in the Request for Proposal. • Met with each of the three contractors on site to tour and verify the measurements and specifications. • Three quotes were received. Attachments Construction Contract Exhibit A Responsible Contractor Verification Standard Construction Contract This Contract ("Contract") is made on the 6th day of June, 2017, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and LaVan Floor Covering Company, a Minnesota Company (hereinafter "Contractor") whose business address is 1203 Cliff Road East, Burnsville, MN 55337. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for Recarpeting the Fitness Floor at the Community Center hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Contract shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced beginning the week of August 21, 2017. The Work shall be completed by September 1, 2017. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $32,708.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. Final Payment. Contractor's request for final payment shall be accompanied by Contractor's affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Project Manager. The Contractor has designated Derek LaVan to Manage the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. Standard Construction Contract 2015.07 Page 2 of 11 All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor's equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. Standard Construction Contract 2015.07 Page 3 of 11 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City's suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City's Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. Standard Construction Contract 2015.07 Page 4 of 11 In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor's Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. Not Applicable 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a "responsible contractor" as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor's and motor carrier's compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. Standard Construction Contract 2015.07 Page 5 of 11 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Notice. Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Derek LaVan 1203 Cliff Road East Burnsville, MN 55337 Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Joan Karst City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 21. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate Standard Construction Contract 2015.07 Page 6 of 11 $2,000,000 Products —Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. Standard Construction Contract 2015.07 Page 7 of 11 m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 22. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken Standard Construction Contract 2015.07 Page 8 of 11 or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 23. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 24. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. 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. 26. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, Standard Construction Contract 2015.07 Page 9 of 11 which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 27. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 28. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 29. Damages. In the event of a breach of the Contract by City, the Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 32. Entire Agreement. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 33. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 34. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 35. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 36. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 37. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of Work to be provided. Any violation of statutes, ordinances, rules and regulations pertaining Standard Construction Contract 2015.07 Page 10 of 11 to the Work to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Its: Mayor Rick Getschow, Its: City Manager LAVAN FLOOR COVERING COMPANY Derek LaVan, Its: Owner Standard Construction Contract 2015.07 Page 11 of 11 Exhibit dEOPOS •°(4 L LaVan Floor Covering Company 1203 Cliff Road East Burnsville, MN 55337 Phone (952) 895 - 5192 Fax (952) 895 - 5390 PROPOSAL SUBMITTED TO PHONE FAX DATE CITY OF EDEN PRAIRIE 5 -24- 17 STREET JOB NAME COMMUNITY CENTER EXERCISE ROOM CITY, STATE & ZIP CODE JOB LOCATION EDEN PRAIRIE ATTN : JOAN PROVIDE CARPET MATERIAL , VINYL BASE, REMOVAL/DISPOSAL OF EXISTING, EQUIPMENT REMOVAL & REPLACEMENT , AND INSTALLATION AFTh;R NORMAL BUSINESS HOURS $ 32 , 708 . 00 NOTES ALL LABOR IS BID FOR AFTER HOURS AND BASED ON 3 -4 TRIPS NO MAJOR UNFORSEEN FLOOR PREP IS INCLUDED DEREK LAVAN WE PROPOSE — hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: dollars $ Payment to be made as follows : All material is guaranteed to be as specified. All work to be completed in workmanlike Authorized manner according to standard practices. Any alteration or deviation from above j specifications involving extra will be executed only upon written orders, and will become Signature an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delay beyond our control. Owner to carry fire, tornado and other necessary Note: This proposal may be withdrawn by us if not accepted within days. insurance. Our workers are fully covered by Workmen's Compensation Insurance. ACCEPTANCE OF PROPOSAL — The above prices, specifications and conditions are satisfactory and ar hereby accepted. You are authorized to do the work as specified . Payment will be made as outlined above. Signature Signature Date of Acceptance : Responsible Contractor Verification I am an owner or officer of Lr%gbcld TINE E hill ,{ iame of bidder] ("Bidder") . I hereby verify that Bidder is in compliance with the minimum/criteria required of a "responsible contractor" as that term is defined in Minnesota Statutes § 16C . 285 , subdivision 3 , and as explained in the attached document entitled "Responsible Contractor Requirement. " I thither agree that Bidder has received a signed statement under oath from each subcontractor and motor carrier that Bidder intends to use to perform work on the project verifying that the subcontractor and motor carrier meets the minimum criteria under Minn. Stat. § 16C .285 , and that Bidder will furnish such statements to the contracting authority upon request. Bidder intends to retain the following first-tier subcontractors and motor carriers for work on this project : /1/1 a iJ pit, If Bidder is awarded the contract for the project, I further agree that Bidder will submit the attached document entitled "Additional Subcontractor and Motor Carrier List" as required. Signed this 3 I day of / / 1t2 , 20 1 V I ,�—try~'--_ 7.- ----``---- By: ,i-blybrek A [printed name] 0treSidel�-` [title] of LGf i 40014 (( ' 7name of bidder] STATE OF MINNESOTA ) ss . COUNTY OR i,t /149 ) 47" 0 Signedi and ( sworn to before me on f'AiiZ1 3/ , 20 / 7 , by �& ,g � e .k , f , is t . f U s NDERSON $HARON 8uC • MINNESOTA NOTARv , '�' k l eoMMtSS10N EXPIRES 01131 +M Notary Public (stamp) 1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 13, 2017 DEPARTMENT /DIVISION: ITEM DESCRIPTION: ITEM NO.: Administration 2017 Annual Building Restoration VIII. I. Paul Sticha, Facilities Requested Action Move to: Award the contract for 2017 Annual Building Restoration City wide to Sebco, Inc. Synopsis Base Bid Alt G-1 Alt G-2 Alt G-3 Alt G-4 Sebco, Inc $57,025 $21,995 $2,980 $ 6,100 $ 6,600 Restoration Systems $77,533 $35,940 $6,036 $18,750 $20,000 A.J. Spanjers declined to bid* Western Specialty declined to bid* Background • Plans and specifications were developed by Environmental Process Inc. (EPI) • Work will be completed at 12 City owned building this year. • A pre-bid meeting was held on Tuesday, May 23rd • *A.J. Spanjers and Western Specialty said they would submit proposals but then declined on the last day due to their workload. • Pricing for the low bid from Sebco was verified and staff recommends accepting the base bid and all four alternates for a total of$94,700.00. Attachments • Construction Contract • Exhibit A (Contractor's Scope of Work) • Affidavit of Non-Collusion • Responsible Contractor Verification Form • Recap of Bids from EPI • Bid Recommendation from EPI Standard Construction Contract This Contract ("Contract") is made on the 13th day of June, 2017, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Sebco, Inc., a Minnesota corporation (hereinafter "Contractor") whose business address is 923 Marquette Avenue, Minneapolis, MN 55402. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for 2017 Exterior Building Envelope Maintenance, hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with the City of Eden Prairie 2017 Exterior Building Envelope Maintenance Project Manual prepared by Environmental Process Inc. and dated May 18, 2017. The terms of this Contract shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by September 30, 2017. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $94,700.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in the Project Manual. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. Final Payment. Contractor's request for final payment shall be accompanied by Contractor's affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Project Manager. The Contractor has designated Jerry Larson to Manage the Work. He shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. Standard Construction Contract 2015.07 Page 2 of 11 All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor's equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. Standard Construction Contract 2015.07 Page 3 of 11 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City's suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City's Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. Standard Construction Contract 2015.07 Page 4 of 11 In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor's Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. Not required. 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a "responsible contractor" as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor's and motor carrier's compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. Standard Construction Contract 2015.07 Page 5 of 11 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Notice. Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Gerald Larson Sebco Inc. 923 Marquette Avenue Minneapolis, MN 55402 Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Facilities Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 21. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence Standard Construction Contract 2015.07 Page 6 of 11 $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. Standard Construction Contract 2015.07 Page 7 of 11 m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 22. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, Standard Construction Contract 2015.07 Page 8 of 11 contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 23. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 24. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. 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. 26. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Standard Construction Contract 2015.07 Page 9 of 11 Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 27. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 28. Assignment. Neither party shall assign this Contract, or any interest arising herein, without the written consent of the other party. 29. Damages. In the event of a breach of the Contract by City, the Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 32. Entire Agreement. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 33. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 34. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 35. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 36. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 37. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of Standard Construction Contract 2015.07 Page 10 of 11 Work to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the Work to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Its Mayor Rick Getschow, Its City Manager SEBCO, INC. Gerald Larson, Its President Standard Construction Contract 2015.07 Page 11 of 11 EXHIBIT A CITY OF EDEN PRAIRIE 2017 EXTERIOR BUILDING ENVELOPE MAINTENANCE SECTION 00400 - 1 EPI NO . 17 - 832 PROPOSAL FORM Date : t wiz" tere 2.06l� 1 Submitted By : • eVoC o ) toe® Cia2 vnafte u.e ' tte Aid *. Y1t en ? \ s . , Y .I t1 ® t Project: City of Eden Prairie 2017 Exterior Building Envelope Maintenance 8080 Mitchell Road Eden Prairie, Minnesota 55344 Submit : Facilities Division City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344 Due : Thursday, June 1 , 2017 at 10 : 00 AM Ladies and Gentlemen : The undersigned has carefully examined the project site locations, quantities, existing conditions and the Contract Documents for general construction work including Request for Bids, the proposal form, Standard Agreement for Contract Services, drawings, and acknowledge receipt of Addenda Number dated , and Number dated , in accordance with the provision thereof, hereby propose to furnish all labor, materials and equipment necessary to complete all the work in accordance to the Contract Documents . The Contractor understands that in signing this proposal, he/she waives all rights to plead any misunderstanding regarding the contract work for the complete execution and coordination of all the general construction work. BASE BID Cost to perform all the coordination and general construction work as set forth in the contract documents for the 2017 Exterior Building Envelope Maintenance work on several City of Eden Prairie Facilities as outlined in Appendices A-L for the sum of: ck ScJ Gr. N\Yl Ou../SA; < tA-tivNy c aC Dollars ($ L-‘13 CITY OF EDEN PRAIRIE 2017 EXTERIOR BUILDING ENVELOPE MAINTENANCE SECTION 00400 - 2 EPI NO . 17- 832 PROPOSAL FORM ALTERNATES - See Section 01700 — Description of Alternates ADD ALTERNATE G- 1 : Appendix B : Community Center Work Description Item Numbers 3 and 4 — Concrete sidewalk / drive and curbs at Rink 2 West Entry Area, cut ,.} 11 \\ 1 one ` 1t1 t9 tiall Avl CV. tit ittl ee, Dollars ($2.\ ADD ALTERNATE G-2 : Appendix B : Community Center Work Description Item Number 5 — Replace concrete sidewalk sections at the Generator Area, e •1/4) 1` / 11V, nc \\nay rr ' A - �/ Dollars (SAlcila ADD ALTERNATE G-3 : Appendix D : Fire Station #2 Work Description Item Number 8 — Replace thru-wall flashing at west elevation high wall . S: tei (Nee \inwl Dollars ($ ( 41 ® 6 ) ADD ALTERNATE G-4 : Appendix D : Fire Station #2 Work Description Item Number 9 — Replace thru-wall flashing at east elevation high wall . 0. 1 x 1nusr, 0:4) Dollars ($ ). UNIT COSTS - See Section 01800 - Description of Unit Costs Cost to include all complete benefits/labor/materials, etc . to perform like work. Tuck-pointing (CMUBrick) $ Per linear ft . Control Joint Sealant Replacement $ Per linear ft. IcDoor/window perimeter Sealant Replacement $ Per linear ft. Replacement of concrete sidewalk/patio . $ 1 CES Per sq . ft . SCHEDULE OF VALUES - BASE BID The contractor to supply the following schedule of value breakdown by building. See Appendices A- L for work descriptions . The schedule of values shall be used only for the Owner' s internal billing processing. CITY OF EDEN PRAIRIE 2017 EXTERIOR BUILDING ENVELOPE MAINTENANCE SECTION 00400 - 3 EPINO . 17- 832 PROPOSAL FORM Building and Address Quote : 1 . City Center (Appendix A) $ 8080 Mitchell Road S Eden Prairie, MN 55344 2. Community Center (Appendix B) 16700 Valley View Road t rot- Eden Prairie, Minnesota 55346 . 3 . Fire Station #1 (Appendix C) 14800 Scenic Heights Road $ Eden Prairie, MN 55344 , co 4 . Fire Station #2 (Appendix D) 12100 Sunnybrook Road $ Eden Prairie, Minnesota 55347 kb 5 . Fire Station #4 (Appendix E) 17920 Linwood Court $ -' Eden Prairie, Minnesota 55347 tc\ ® C 6 . Building 51 (Appendix F) 11800 Technology Drive $ � / Eden Prairie , Minnesota 55344 7. Den Road Building (Appendix G) 8018 Den Road $ Eden Prairie, MN 55344 1 , `wo 8 . Art Center (Appendix H) 7650 Equitable Drive $ / Eden Prairie , Minnesota 55344 4. 1 ` ® 9 . Crestwood Park Shelter (Appendix I) 9780 Dell Road $ Eden Prairie, Minnesota 55347 \ d 10 . Forest Hills Shelter (Appendix J) 13900 Holly Road $ Eden Prairie , Minnesota 55344 , % bb 11 . Nesbitt Preserve Shelter (Appendix K) 8641 Center Way $ /' Eden Prairie, Minnesota 55344 cab 12 . Miller Softball Shelter (Appendix L) 16900 Miller Parkway Eden Prairie, Minnesota 55347 $ ' koop CITY OF EDEN PRAIRIE 2017 EXTERIOR BUILDING ENVELOPE MAINTENANCE SECTION 00400 - 4 EPI NO . 17- 832 PROPOSAL FORM This Proposal is submitted after careful study of the Drawings and Specifications and from a personal knowledge of the building site,, which knowledge was obtained from the undersigned' s own source of information. Contractor will be required to provide insurance certificates to Owner prior to work start-up . A signed notarized affidavit of non- collusion is attached: In submitting this proposal, it is understood that the right is reserved by the City to reject any or all proposals and to waive informalities , all in the City' s sole discretion. This proposal may not be withdrawn after the opening of proposals , and shall be subject to acceptance by the City for a period of thirty (30) calendar days from the opening thereof. If a corporation, list the State of Incorporation and the names of all officers and their titles . If a partnership, state full name of all partners (limited or general) : Proposal Submitted By : Company Name : c"oCoytnc' . Telephone : bAZ; 62Pc2. v3c Address : k -Z, 3 Mom v..?t e v es Date : VO. 0 CA City, State : r N\ Zip : SC, `k cal By : -1:5 1\-- Title : ^ . By : Title : v L ' Affix corporate seal if a corporation. V\ 3k. END OF SECTION 00400 CITY OF EDEN PRAIRIE 2017 EXTERIOR BUILDING ENVELOPE MAINTENANCE SECTION 00500 - 1 AFFIDAVIT OF NON- COLLUSION - EPI NO , 17- 832 GENERAL CONTRACTOR STATE OF MINNESOTA ` COUNTY OF \ C A \ re n I, GSA\ . \-4A5 OtA , being first duly sworn to depose and say that I am the authorized (your name) representative of \o C C , , • (Name of individual, partnership or corporation submitting bid . ) and that I have the authority to make this affidavit for and on behalf of the party or parties submitting this quote, that I state to the best of my knowledge and belief, that said party(ies) has(have) not either directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive pricing in connection with this proposal or quote submitted on 10-' 1a— Zd �`, (Date) That the contents of the quote were not communicated by the above identified party(ies) or its (their) employees or agents to any person not an employee or agent of the party(ies) or of the surety furnished with the proposal prior to the official opening of the quote, and that I hay iffik informed myself regarding the accuracy of the statements made in this affidavit . /' / /itro Signed by quoting party(ies) or his(their) authorized representative Subscribed and sworn to before me'p this 1 day of r �. tut\ , 2017 ' ublic) My Commission expires Ittlkat... END OF SECTION 00500 fTHASADTBO ytjN__ootary Public-Minnesota My mmission Expires Jan 31 , 2020 SECTION 00550 EPI NO . 17 - 832 Responsible Contractor Verification I am an owner or officer of S G 17Ca ) c . [name of bidder] ("Bidder") . I hereby verify that Bidder is in compliance with the minimum criteria required of a "responsible contractor" as that term is defined in Minnesota Statutes § 16C . 285 , subdivision 3 , and as explained in the attached document entitled "Responsible Contractor Requirement . " I further agree that Bidder has received a signed statement under oath from each subcontractor and motor carrier that Bidder intends to use to perform work on the project verifying that the subcontractor and motor carrier meets the minimum criteria under Minn . Stat. § 16C .285 , and that Bidder will furnish such statements to the contracting authority upon request . Bidder intends to retain the following first-tier subcontractors and motor carriers for work on this project : : RA\ A eireeeeA eke Met& ® Corckek QTAists t If Bidder is awarded the contract for the project, I further agree that Bidder will submit the attached document entitled "Additional Subcontractor and Motor Carrier List" as required . Signed this S 1 day of VA y , 2011 By : C tkA\ [printed name] N beer [title] of cc bEobi e . [name of bidder] STATE OF MINNESOTA ) ) ss . COUNTY OF W .y ) Sign and sworn to before me on kti 1 k 20I , by • ip 1/4 oSle *L yeti t1400=0 Rw ,c.. ..ar' (stamp) eloseuum -ovind kieloN r c 0810IN ' V SVWOHJ �= ,A.„;JI CITY OF EDEN PRAIRIE 2017 EXTERIOR BUILDING ENVELOPE MAINTENANCE EPI 17-832 RECAP OF BIDS Bid Due Date : Thursday, June 1 , 2017 Time : 10 : 00 AM CONTRACTOR BASE BID ALTERNATE ALTERNATE ALTERNATE ALTERNATE AFFIDAVIT CONTRACTOR Tuck-pointing Control Joint / Caulk Replacement (Appendices G- 1 G-2 G-3 G-4 OF NON- RESPONSIBILITY (CMU/Brick) Expansion door/window, of Concrete A-L) (Comm. (Comm. (Fire Station (Fire Station COLLUSION AFFIDAVIT (Per Linear Joint head / jambs / Sidewalk / Center Center #2 Tbru-Wall 112 Tbru-Wall Ft.) Replacement sills (Per Patio (Per Concrete at Concrete at Flashing at Flashing at (Per Linear Linear Ft. ) Square ft ) Rink 2 West Generator West High East High Ft. ) Entry Area) Area) WaII) Wall) A.J.Spanjers No Bid Company, Inc . Restoration $ 77 ,533 . 00 $35 ,940 . 00 $6 ,036 . 00 $ 18 , 750 . 00 $20,000 . 00 Yes Yes $ 12 . 00/L. F. $20 . 00/L. F . $ 10 . 00/L.F . $25 . 00/S .F . Systems, Inc . Sebco, Inc. $57,025 . 00 $21 , 995 . 00 $2 ,980. 00 $6, 100. 00 $6 ,600 . 00 Yes Yes $22 . 00/L. F . $ 8 . 00/L. F . $6 . 00/L. F. $ 18 . 00/S .F. Western No Bid Specialty Contractors ENVIRONMENTAL PROCESS INC . �� 3 715 Florida Ave . S ., Suite 111 18382 FM 302, Suite 103 ,- Golden Valley, MN 55426 Fax: 763 - 398 - 0121 Canyon Lake, TX 78133 �•`� 'i 763 - 398 - 3040 Phone : 888 - 733 - 3050 830 - 935 -4909 epimpls@go - epi . com www. go - epi . com epitx@go - epi . com June 1 , 2017 Mr. Paul Sticha Facilities Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie , Minnesota 55344 -4485 Re : City of Eden Prairie 2017 Exterior Building Envelope Maintenance EPI No . : 2017 - 832 Dear Mr . Sticha : Environmental Process , Inc . (EPI) reviewed the City of Eden Prairie - 2017 Exterior Building Envelope Maintenance project work scope with Mr. Jerry Larson of Sebco , Inc . and there were no questions . Jerry Larson indicated that they fully understand the work scope that they will be ready to start work as in the tentative schedule and will attend the preconstruction meeting tentatively scheduled for June 22 , 2017 . The work schedule will be discussed at the preconstruction meeting. Sebco , Inc . is based in Minneapolis , Minnesota. Sebco , Inc . successfully completed the City of Eden Prairie — 2016 Exterior Building Envelope Maintenance project . Based on the review of project work scope with Sebco , Inc . and the fact that they are the low bidder we recommend awarding the project to them . EPI recommends that the base bid cost of $ 57 , 025 . 00 for the City of Eden Prairie 2017 Exterior Building Envelope Maintenance project be accepted from Sebco , Inc . In addition EPI recommends that Alternate G - 1 ( Community Center - Rink 2 West Entry concrete replacement work) at a cost of $21 , 995 . 00 ; Alternate G -2 ( Community Center — Generator Area concrete replacement work) at a cost of $ 2 , 980 . 00 ; Alternate G -3 (Fire Station #2 - West High Wall thru-wall flashing work) at a cost of $6 , 100 . 00 ; and Alternate G -4 ( Fire Station #2 - East High Wall thru -wall flashing work) at a cost of $6 , 600 . 00 also be accepted , for a total project cost of $ 94 , 700 . 00 . Please call (763 ) 398 - 3040 with any questions , comments . Sincerely , ENVIRONMENTAL PROCESS , INC . Denny Langer, PE Project Manager Attachment : Recap of Bids An Equal Opportunity Employer CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 13, 2017 DEPARTMENT /DIVISION: ITEM DESCRIPTION: ITEM NO.: Administration Washbay Precast Repair at Maintenance VIII. J. Paul Sticha, Facilities Facility Requested Action Move to: Award the contract for Washbay Precast Repair to RJ Marco Construction Synopsis Base Bid RJ Marco Construction $ 72, 430 Terranova Construction $ 74,895 Integrity Remodeling $101,605 Diversified Construction declined to bid* Gardner Builders declined to bid* Background • Plans and specifications were developed by Welsh Architecture • Staff met on-site with contractors for a pre-bid meeting • *Diversified and Gardner attended the pre-bid and said they would submit proposals but then declined on the last day due to their workload. • Pricing for the low bid from RJ Marco was verified and staff recommends accepting the base bid. Attachments • Construction Contract • Exhibit A (Contractor's Scope of Work) • Responsible Contractor Verification Form Standard Construction Contract This Contract ("Contract") is made on the 13th day of June, 2017, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and RJ Marco Construction, Inc., a Minnesota corporation (hereinafter "Contractor") whose business address is 75 West Viking Drive, Suite 104, Little Canada, MN 55117. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for Wash Bay Precast Panel Repair, hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with the City of Eden Prairie Wash Bay Precast Panel Repair Plans and Specifications prepared by Welsh Architecture and dated April 19, 2017. The terms of this Contract shall take precedence over any provisions of the Contractor's proposal and/or general conditions, which is attached as Exhibit A. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by September 30, 2017. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $72,430.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in the Plans and Specifications. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. Final Payment. Contractor's request for final payment shall be accompanied by Contractor's affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Project Manager. The Contractor has designated Jesse Hill to Manage the Work. He shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. Standard Construction Contract 2015.07 Page 2 of 11 All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor's equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. Standard Construction Contract 2015.07 Page 3 of 11 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City's suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City's Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. Standard Construction Contract 2015.07 Page 4 of 11 In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor's Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. Not required. 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a "responsible contractor" as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor's and motor carrier's compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. Standard Construction Contract 2015.07 Page 5 of 11 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Notice. Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Reginald A. Plowman RJ Marco Construction, Inc. 75 West Viking Drive, Suite 104 Little Canada, MN 55117 Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Paul Sticha, Facilities Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 21. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence Standard Construction Contract 2015.07 Page 6 of 11 $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. Standard Construction Contract 2015.07 Page 7 of 11 m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 22. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, Standard Construction Contract 2015.07 Page 8 of 11 contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 23. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 24. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. 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. 26. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Standard Construction Contract 2015.07 Page 9 of 11 Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 27. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 28. Assignment. Neither party shall assign this Contract, or any interest arising herein, without the written consent of the other party. 29. Damages. In the event of a breach of the Contract by City, the Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 32. Entire Agreement. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 33. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 34. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 35. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 36. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 37. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of Standard Construction Contract 2015.07 Page 10 of 11 Work to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the Work to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Its Mayor Rick Getschow, Its City Manager RJ MARCO CONSTRUCTION, Inc. Reginald A. Plowman, Its President Standard Construction Contract 2015.07 Page 11 of 11 EXHIBIT A CONSTRUCTION , INC . TO. City of Eden Prairie 5/26/2017 8080 Mitchell Rd Eden Prairie , MN 55344 ATTN : Paul Sticha RE : City of Eden Prairie Wash Bay Cast Repairs 15150 Technology Drive Eden Prairie , MN 55344 • PROPOSAL The following proposal for construction services at the above location is based on plans drawn by Welsh Architecture dated 4/19/17 . Wash Bay Repairs $ 72 ,430 .00 Bid assumes : Work to be performed during normal business hours El Bid does not include : Building permit, except for state surcharge If you have any questions or concerns, please call at your earliest convenience. • Since y, t Jesse H ' , Project Manager RJ Mar o Construction inc. • 651 2 8-0722 direct 612 85-6594 cell U Payment Terms : - Payment is due within 30 days from date of invoice. Invoices will be sent out on a monthly basis for work performed and/or materials procured for that month . A late charge of 1 .5% per month will be added to past due amounts. 75 W. Viking Drive Suite 104 o Little Canada , Minnesota 55117 0 Phone ( 651 ) 484 - 5635 ° Fax ( 651 ) 484 - 5701 Responsible Contractor Verification I am an owner or officer of RJ Marco Construction, Inc . [name of bidder ("Bidder") . I hereby verify that Bidder is in compliance with the minimum criteria required of a "responsible contractor" as that term is defined in Minnesota Statutes § 16C. 285 , subdivision 3 , and as explained in the attached document entitled "Responsible Contractor Requirement, " I thither agree that Bidder has received a signed statement under oath from each subcontractor and , motor carrier that Bidder intends to use to perform work on the project verifying that the subcontractor and motor carrier meets the minimum criteria under Minn . Stat . § 16C . 285 , and that Bidder will fitrnish such statements to the contracting authority upon request . Bidder intends to retain the following first-tier subcontractors and motor carriers for work on this \project : (() • ubsageo b t .AAL- L) \ \fillkilme_ If Bidder is awarded the contract for the project, I further agree that Bidder will submit the attached document entitled "Additional Subcontractor and Motor Carrier List" as required . Signed this 26th day of May, 2017 1-‘2749/741, By: Reginald A Plowman [printed name] President [title] of RJ Marco Construction [name of bidder] STATE OF MINNESOTA ) n ) ss . COUNTY OF i= ' AC ) Signed and sworn to before me on a•Cp 20 L i; by a +w. JESSICA t HOLZ 11 t ���,; Notary Public ,,� � i State of Minnesota altili ►.� L _ t '*i ji� My Commisslon £xplres r - Y Nos ublic Januacy 31 , 20164111 Ad Eden Prairie Fuel Island Wash Bay A Subcontractor 6iiiia_estimardiftw ® emo CR Concrete Kiffmeyer Concrete , Inc North Country Concrete Ultra Concrete Procast conicrete { Fabcon Wells Concrete Speo aliy Pump & Meter Service , Inc . Lube Tech Zahl Petroleum Gat�opYl PC44, _ TFC Canopy Co Pint; 1F_ � _ Flo-Anderson High Performance MIl ��t AL- "g_ r< - Buck Blacktop Bituminous Park Construction Northwest Asphalt Lumber mt 74 a _ Menards Sta*k .» g . - Zct Elfering & Associates CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 13, 2017 DEPARTMENT /DIVISION: ITEM DESCRIPTION: ITEM NO.: Administration Fuel Island Repair at Maintenance Facility VIII. K. Paul Sticha, Facilities Requested Action Move to: Award the contract for Fuel Island Repair at Maintenance Facility to LubeTech, Inc. Synopsis Base Bid Lube Tech $43,506.00 Pump &Meter $46,937.69 RJ Marco Construction $49,280.00 Terranova Construction $51,875.00 Integrity Remodeling $52,556.22 Background • Plans and specifications were developed by Welsh Architecture • Staff met on-site with contractors for a pre-bid meeting • Pricing for the low bid from Lube Tech was verified and staff recommends accepting the base bid. Attachments • Construction Contract • Exhibit A (Contractor's Scope of Work) • Responsible Contractor Verification Form Standard Construction Contract This Contract ("Contract") is made on the 13th day of June, 2017, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Lube Tech, a Minnesota corporation (hereinafter "Contractor") whose business address is 900 Mendelssohn Avenue North, Minneapolis, MN 55427. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for Fuel Island Canopy Repair, hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with the City of Eden Prairie Fuel Island Canopy Repair Plans and Specifications prepared by Welsh Architecture and dated April 24, 2017. The terms of this Contract shall take precedence over any provisions of the Contractor's proposal and/or general conditions, which is attached as Exhibit A. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by September 30, 2017. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $43,506.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in the Plans and Specifications. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. Final Payment. Contractor's request for final payment shall be accompanied by Contractor's affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Project Manager. The Contractor has designated Jim lsraelson to Manage the Work. He shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. Standard Construction Contract 2015.07 Page 2 of 11 All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor's equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. Standard Construction Contract 2015.07 Page 3 of 11 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City's suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City's Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. Standard Construction Contract 2015.07 Page 4 of 11 In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor's Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. Not required. 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a "responsible contractor" as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor's and motor carrier's compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. Standard Construction Contract 2015.07 Page 5 of 11 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Notice. Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: Eric C. Jackson Lube Tech 900 Mendelssohn Avenue North Minneapolis, MN 55427. Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Paul Sticha, Facilities Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 21. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence Standard Construction Contract 2015.07 Page 6 of 11 $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. Standard Construction Contract 2015.07 Page 7 of 11 m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 22. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, Standard Construction Contract 2015.07 Page 8 of 11 contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 23. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 24. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. 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. 26. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Standard Construction Contract 2015.07 Page 9 of 11 Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 27. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 28. Assignment. Neither party shall assign this Contract, or any interest arising herein, without the written consent of the other party. 29. Damages. In the event of a breach of the Contract by City, the Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 32. Entire Agreement. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 33. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 34. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 35. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 36. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 37. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of Standard Construction Contract 2015.07 Page 10 of 11 Work to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the Work to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Its Mayor Rick Getschow, Its City Manager LUBE TECH Eric C. Jackson, Its President Standard Construction Contract 2015.07 Page 11 of 11 EXHIBIT A onnonnamommn m4ammommon . LOBE TECH ® Accelerating Performance May 24 , 2017 City of Eden Prairie 15150 Technology Dr Eden Prairie , MN 55344 Proposal# 1977 Description : Bid Package #2 Remove existing fuel island canopy, replace with new TFC 24 ' x 40 ' rectangular canopy, with (2) 12 " square columns , 36 " white fascia, 20 gauge embossed white deck, clear height 15 ' and external drains . Removal : Saw cut around existing columns down to top of canopy footings . Remove concrete, lights, dismantle canopy from top decking to frame work. Remove structural steel, and unbolt canopy columns and lift off of canopy footings . All removed material to be taken off site . Installation : Using the existing canopy footings, set new columns and assemble structural steel and decking. Add the 36" fascia, and (8 ) LED canopy lights . Once installation is complete , test lights , put into operation. Note : Columns to be 6" higher than normal to accommodate the higher grade setting for the new fuel island. Permits for demolition and installation of the existing and new canopy paid by city. Contractor is required to pull permit prior to commencement of work. Any Reworking of footings will be additional cost on a time and material basis . Remove & Replace Concrete $ 5 ,426 . 00 Removal of Old Canopy $4, 560 . 00 TFC Canopy $ 16, 070 . 00 Installation $ 5 , 890 . 00 Packaging & Freight $2, 530 . 00 Lights $2, 650 . 00 Bollards $ 1 ,200 . 00 Electrical (Remove & Replace) $ 5 , 180 . 00 Total Project Cost for Bid Package #2 $ 43 , 506. 00 lubetech . com LOBE nTEDH ® Accelerating Performance • This proposal may be withdrawn if not accepted within 15 days , Additional work performed outside of the scope of work and the description above will be subject to additional charges . • All work to be performed during normal working hours . If requested to work overtime and/or on weekends/holidays, additional charges may apply. • Area to be free and clear of all obstructions; delays caused by others will be subject to additional charges . • Sales tax will be applied unless a Tax Exempt ST3 form is on file at Lube Tech ESI * ACCEPTANCE OF PROPOSAL : The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment wil be made as outlined above. Authorized Lube Tech Signature , 4111 Title �� �G �I /5 � ,•- _� Date : 5 -3 L- J '� Client Signature Title Date : lubetech .cam a - p221)ADDITIONAL /SUBCONTRACTORS AND/M7OTOR CARRIERS LIST i PROJECT TITLE : C1' ep '\ P�'1:t1lf'l C �— Glt' 1 Coto ( Ile€621,--7L-4- / Pursuant to Minn. Stat. § 16C . 285 , subd , 5 , the prime contractor must submit this form within 14 days of retaining additional subcontractors and motor carriers on the project. This form must be submitted to the Project Manager or individual as identified in the solicitation document . Additional Subcontractors Rost 6 i y TnCo Teo rthet . F C Canopy 3 I a 08 ( cionV7 Rf 7 t ) I ® 7 (\or $ Tay \ o ROAe eirge . gene\ I IV S (094/ (D 60-ArreA- 4 , 1iNe ; ar\ 0\ e/ & 73S By signing this document, I certify that I am an owner or officer of the company, and I swear under oath that all additional subcontractors and motor carriers listed on this Additional Subcontractor List have verified through a signed statement under oath by an owner or officer that they meet the minimum criteria to be a responsible contractor as defined in Minn. Stat. § 16C . 285 . Signed thisL& � �+ ay of 0411 , 20 / 7 A By : C ll) C)k7 [printed name] p � (f (fid title] of %L T� /�,{,t,( _ /-�1�1 [name of company] STATE OF MINNESOTA ) ) ss . COUNTY OF t VI VI iY-) ) Steed' p sworn to before me on Ma, 3 / , 20 / 7 , by j atil , 4. , . . . . ,, . rgenr / • NMI •In.:417-sr r- Ni. - i Notary P r` , :'_ , ! ' ° ' ry ' °, State of Mimeo'sLet 1 My Commission Eipires ' f i��"' January 31 , 2022 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Matt Bourne, Parks and Professional Services Agreement with WSB VIII. L. Natural Resources Manager, for Riley Lake Park Improvements Project Parks and Recreation Motion Move to: Authorize entering into a Standard Agreement for Professional Services with WSB &Associates, Inc. for construction administration for the Riley Lake Park Improvement project at a cost not to exceed$62,250.00. Synopsis Staff recommends entering into a professional services agreement with WSB &Associates for construction administration of the Riley Lake Park Improvements project. The proposed project is scheduled in the Capital Improvement Program for 2017. Background City staff entered into an agreement with WSB for the design phase services for this project late last year. Bids were received and the construction contract was awarded to Odesa II at the May 16tn Council Meeting. WSB has performed similar work for the Round Lake Phase I and Staring Lake Play Area Improvement projects and staff feels very comfortable recommending them for this project. Recommendation The proposal from WSB &Associates is in line with our estimate and staff recommends approval of this contract. Attachments Standard Agreement for Professional Services WSB &Associates Construction Administration Proposal Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 13th day of June, 2017, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and WSB & Associates, Inc., a Minnesota Corporation (hereinafter "Contractor") whose business address is 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416. 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 Riley Lake General Site 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) 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 June 13, 2017 through the completion of the Staring Lake Play Area Renovation 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 $62,250.00 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. Standard Agreement for Professional Services 2014.04 Page 2 of 9 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 Amberg 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 9 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 9 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 9 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 9 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 9 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 WSB & Associates, Inc. By: Its: Standard Agreement for Professional Services 2014.04 Page 8 of 9 EXHIBIT A SCOPE OF SERVICES 1. Contract Administration and Site Progress Meetings: A. Conduct Pre-construction Conference: Facilitate the preconstruction conference. Meeting minutes will be prepared and distributed to all the attendees. B. Weekly Site Progress Meetings: Attend up to 21 weekly site progress meetings during periods of active construction to allow for proactive communication with the Contractor and Owner, which will maximize efficiency during the construction. Meeting minutes will be prepared and distributed to all the attendees. These meetings will allow WSB to; a. Become generally familiar with and to keep the Owner informed about the progress and the quality of the portion of the work completed. Note—this does not include exhaustive or continuous on-site inspections to check the quality or quantity of the work. b. Generally determine if the work is being performed in a manner indicating that when fully completed the work will be in accordance with the Contract Documents. c. Report to the Owner known deviations from the Contract Documents. C. Review submittals and shop drawings. D. Answer Contractor questions and provide design intent and clarification for any issues that may arise during the projects. E. Review pay applications prepared by Contractor and make recommendations regarding payment. F. In the event of changed conditions during the project, WSB will prepare and distribute any necessary change orders to expedite the work in the field. G. Substantial completion meeting and punch list. H. Final Project Completion review meeting. I. Attend up to 10 site meetings, above and beyond, weekly progress meetings for review of immediate construction needs including but not limited to staking and/or layout of formwork. 2. Electrical Related Construction Administration Services (WSB's sub-consultant EDI): A. Pre-Construction Meeting B. Shop Drawing Review C. Construction Meetings and Site Observation (up to 3 trips) D. Respond to Contractor questions E. Utility coordination F. Final site review and punch list 3. Stormwater As-Builts/Record Drawings A. Field survey crew B. Download/process field data C. Drafting as-built/record drawing information on plans 4. Additional Services A. Any additional work or change in project scope will be completed on an hourly basis to be billed in accordance with WSB's hourly rates at the time work is completed. Standard Agreement for Professional Services 2014.04 Page 9 of 9 WSB Building a legacy—your legacy. 701 Xenia Avenue South Suite 300 Minneapolis,MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 May 30, 2017 Mr. Matt Bourne Park and Natural Resource Manager City of Eden Prairie 15150 Technology Drive Eden Prairie, MN 55344 Re: Professional Services Proposal: Construction Administration Services for Riley Lake Park Improvements- Eden Prairie, MN Mr. Bourne: WSB &Associates, Inc. (WSB) is pleased to present this proposal for Construction Administration services related to the Riley Lake Park General Site Improvements Project. The scope of services presented in this proposal is based on the recent planning and design services associated with this site. WSB will coordinate with and has incorporated scope and fee for our electrical subconsultant's involvement with CA related to the electrical and lighting portions of the project. PROJECT UNDERSTANDING: The project includes redevelopment of Riley Lake Park including new trails, boat launch, parking lot, entrance drive, utilities, beach improvements, picnic areas, seating areas, site amenities and restoration. The contractor will begin coordination, submittals, product acquisition and fabrication of elements following the Notice to Proceed (anticipated to be issued in early June of 2017). Physical on-site construction of the improvements defined in the bid documents will be performed between July 2017 and October 2017 (substantial completion), with all punchlist items to be completed by June of 2018. SCOPE OF SERVICES A. SCOPE OF SERVICES'A' 1. Contract Administration and Site Progress Meetings: a. Conduct Pre-construction Conference: Facilitate the pre-construction conference. Meeting minutes will be prepared and distributed to all the attendees. b. Weekly Site Progress Meetings: Attend up to 21 weekly site progress meetings during periods of active construction to allow for proactive communication with the Contractor and Owner,which will maximize efficiency during the construction. Meeting minutes will be prepared and distributed to all the attendees. These meetings will allow WSB to: Become generally familiar with and to keep the Owner informed about the progress and the quality of the portion of the work completed. Equal Opportunity Employer wsbeng.com K:\02127-070\Admin\Contract\Riley Lake Park CA Proposal.docx Mr. Matt Bourne May 30, 2017 Page 2 Note—this does not include exhaustive or continuous on-site inspections to check the quality or quantity of the work. ii. Generally determine if the work is being performed in a manner indicating that when fully completed the work will be in accordance with the Contract Documents. iii. Report to the Owner known deviations from the Contract Documents. c. Review submittals and shop drawings. d. Answer Contractor questions and provide design intent and clarification for any issues that may arise during the project. e. Review pay applications prepared by Contractor and make recommendations regarding payment. f. In the event of changed conditions during the project, WSB will prepare and distribute any necessary change orders to expedite the work in the field. g. Substantial completion meeting and punch list. h. Final Project Completion review meeting. Attend up to 10 site meetings, above and beyond,weekly progress meetings for review of immediate construction needs including but not limited to staking and/or layout of formwork. 2. Electrical Related Construction Administration Services (WSB's subconsultant EDI): a. Pre-Construction Meeting b. Shop Drawing Review c. Construction Meetings &Site Observation (up to 3 trips) d. Respond to Contractor questions e. Utility Coordination f. Final Site review and Punch List 3. Stormwater As-builts/ Record Drawings a. Field survey crew b. Download/process field data c. Drafting as-built/ record drawing information on plans B. SCOPE OF SERVICES'B' 1. Additional Services a. Any additional work or change in project scope will be completed on an hourly basis to be billed in accordance with WSB's hourly rates at the time work is completed. C. PROJECT MANAGEMENT: 1. Jason Amberg will manage this project. Other WSB staff will support Mr.Amberg with day to day correspondence and meeting attendance.The Owner reserves the right to review/reject alternate project manager if workload requires an alternate staff member to take over project management duties. D. PROPOSED FEE: All proposed fees are based on the scope of services defined in this proposal. 1. SCOPE OF SERVICES'A': WSB and their identified subconsultant (EDI) will provide the services as outlined in Scope of Services A above for an estimated hourly not to exceed fee of$62,250.00. K:\02127-070\Admin\Contract\Riley Lake Park CA Proposal.docx Mr. Matt Bourne May 30, 2017 Page 3 2. SCOPE OF SERVICES'B' (Additional Services):WSB will provide the services as outlined in Scope of Services B above and as requested by the City on an hourly basis. The proposed scope and fee presented herein represents our complete understanding of the project based on available information. If you have any questions or need additional information, please feel free to contact me at (763) 231-4841. Once again,we appreciate the opportunity to submit this proposal and look forward to working with you and your staff. Sincerely, WSB&Associates,Inc. Jason L. Amberg, RLA Principal/Landscape Architecture Group Manager K:\02127-070\Admin\Contract\Riley Lake Park CA Proposal.docx CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. #16-5927 ITEM NO.: Leslie Stovring Award Contract to Rainwater Management VIII. M. Public Works/Environmental Systems for Installation of a Rainwater Harvesting System at Fire Station 2 Requested Action Move to: Award Contract for Installation of a Rainwater Harvesting System at Fire Station 2 to Rainwater Management Systems in the amount of$52,902.72. Synopsis Quotes were received May 18, 2017 for purchase and installation of a water harvesting and pumping system for truck washing at Fire Station 2. The quotes include a 6,500 gallon HDPE tank with pre-filter, pump, filter, treatment system and controls skid. Rainwater Management Systems (RMS)was the lowest bidder. The quotes were: • RMS $52,902.72 • Water Control $54,320.95 • Watertronics $63,791.00 • Wahaso $78,563.38 The quote for RMS was adjusted from $45,967.72 to $52,902.72 to include all taxes and fees associated with the proposed scope of work. The request for quote did not include these items. The lowest quote was less than the engineer's estimate of$58,700. The purchase cost will be covered by grant funds received from the Metropolitan Council and stormwater and water utilities. Background Information The Metropolitan Council awarded the Riley-Purgatory-Bluff Creek Watershed District and City a grant in the amount of$99,287 for incorporation of a water harvesting and reuse system at Fire Station #2. This quote is for purchase and installation of the larger water reuse system which will be installed on the west side of the fire station. Remaining grant funds will be used for purchase of a smaller set of cisterns, the landscaping updates and educational messaging aimed at residential usage that will be located on the east side of the building. The total out of pocket cost for the city is estimated at$35,000 with an in-kind cost for labor of$10,000. Attachment Standard Agreement for Contract Services Standard Construction Contract This Agreement ("Agreement") is made on the 13th day of June, 2017, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Rainwater Management Solutions, (hereinafter "Contractor") whose business address is 1260 W. Riverside Drive Salem, VA 24153. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Contract shall take precedence over any provisions of the Contractor's proposal and/or general conditions. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by 12/31/17 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $ $52,902.72 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. City of Eden Prairie Standard Construction Contract 2015.07 Page 1 of 11 a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. Final Payment. Contractor's request for final payment shall be accompanied by Contractor's affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Project Manager. The Contractor has designated David Stark, an employee of RMS, whose business address is 5101 Lester River Road, Duluth MN 55804 to Manage the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the designated manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. City of Eden Prairie Standard Construction Contract 2015.07 Page 2 of 11 All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor's equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. City of Eden Prairie Standard Construction Contract 2015.07 Page 3 of 11 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City's suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City's Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. City of Eden Prairie Standard Construction Contract 2015.07 Page 4 of 11 In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor's Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. [Bonds are required for a construction contract that is $100,000 or more; they are optional for any contract that is less than $100,000.] 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a "responsible contractor" as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that City of Eden Prairie Standard Construction Contract 2015.07 Page 5 of 11 the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor's and motor carrier's compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Notice. Required notices to the Contractor shall be in writing, and shall be either hand- delivered to the Contractor, its employees or agents, or mailed to the Contractor by certified mail at the following address: David Crawford, President Rainwater Management Solutions 1260 W. Riverside Drive Salem, VA 24153 Notices to the City shall be in writing and shall be either hand-delivered or mailed to the City by certified mail at the following address: Leslie A. Stovrinq, Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Notices shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 21. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in City of Eden Prairie Standard Construction Contract 2015.07 Page 6 of 11 this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. f. All policies shall apply on a "per project" basis. g. All polices shall contain a waiver of subrogation in favor of the City. h. All policies shall be primary and non-contributory. City of Eden Prairie Standard Construction Contract 2015.07 Page 7 of 11 i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. I. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. City of Eden Prairie Standard Construction Contract 2015.07 Page 8 of 11 If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 22. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 23. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 24. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. 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 City of Eden Prairie Standard Construction Contract 2015.07 Page 9 of 11 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. 26. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 27. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 28. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 29. Damages. In the event of a breach of the Contract by City, the Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 32. Entire Agreement. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. City of Eden Prairie Standard Construction Contract 2015.07 Page 10 of 11 33. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 34. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 35. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 36. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 37. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of Work to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the Work to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR By: David Crawford �G�j� /// Its: President and CEO City of Eden Prairie Standard Construction Contract 2015.07 Page 11 of 11 i . . WATER MANAGEMENT Quote: 1008-6843 Date: June 1, 2017 Eden Prairie Firehall #2 Water Reuse System Version 6 Rainwater Harvesting System: Major Components The information provided below is an inclusive/do not exceed cost for the Eden Prairie Firehall #2 Water Reuse System. The equipment noted below appears to fulfill the requirements of the proposed system based on the information provided on the system operations diagram from Walter Eshenaur dated 3/24/17. Per request of Rick Wahlen a submittal of major component specification sheets for each product is included. Preliminary design drawings were provided to RMS on 5/26/17. RMS was requested to provide the East Water Reuse System as detailed on sheets 7 and 8 of 11. Design changes by the engineer of record or in the permitting process as required by the Authority Having Jurisdiction (AHJ)will require a written change order and amendment to the subcontractor agreement. Contact Rainwater Management Solutions, Dave Stark for additional information at 218-428- 4413. The following information is provided to give a basic understanding and overview of the critical components necessary for a successful rainwater harvesting system. While rainwater harvesting is an ancient practice, current research and technology development have led to design principles to assure delivery of high quality harvested water to protect both the environment and human health. In the traditional approach to water supply, emphasis is placed on removing contaminants; in a well-designed rainwater harvesting system, emphasis is placed on preventing initial contamination of the water, reducing the need for later treatment. This water supply protection is achieved through four steps outlined and explained below. Rainwater Management Solutions (RMS) is the only rainwater harvesting company employing scientists and partnering with Colleges in research to determine the best practices for maintaining high quality harvested rainwater. All rainwater harvesting systems designed by RMS utilize this four step process. The process is scalable and flexible: It is relevant for small residential systems to large municipal systems. It functions with above and below ground tanks and a wide variety of pumps and additional filtration equipment, which can be easily added, in order to fit the requirements of the end use. r Step 2 : Pre-tank filtration Step 4: Protected overflow Step 2: Ii Protect settled material r in the tank Step Elevatedd upcnke point Step 1: Pre-tank Filtration Before entering the tank for storage, rainwater should be both filtered and aerated. Filtration removes large particulate matter,which frequently both carries and feeds bacteria. Removal of this particulate matter greatly reduces the amount of harmful bacteria in the tank. Aeration/oxygenation of the water can also reduce the amount of anaerobic bacteria and decrease concentrations of some harmful metals such as iron by enhancing precipitation. The vortex filter accomplishes both of these tasks leading to healthy water storage. The vortex filter also acts as a first-flush diverter. How does a vortex filter work? When rain water enters the filter, the rain water begins to spin. The initial water with associated contaminants from the roof being rinsed off falls through to the stormwater outlet and coats the stainless steel mesh filter with water. Once this mesh basket is coated with water,the water is pulled through the inside fine mesh then through the outer coarser mesh through adhesion/surface tension. This filters out all particulates greater than 280 microns. The movement of the water also provides oxygenation of the water. How often does the filter need to be changed or cleaned? The mesh filter element in the vortex filter is constructed of stainless steel and does not need to be replaced. Because the walls of the mesh filter are vertical, the filter is virtually self-cleaning. Hard rainfall provides complete rinsing of the filter mesh. The only maintenance requirement is rinsing the mesh basket 2-4 times a year or as needed. What happens if the filter backs up? The vortex filter should never back up if the system is designed properly. Water can leave the filter through either the filtered water outlet to the tank or the rinsing water outlet to the stormwater system or other adequate conveyance. Because of this, the filter has a larger pipe volume available for water exiting than entering. While every tank is designed with an adequate overflow,the stormwater outlet on the vortex filter can act as a secondary overflow, similar to a secondary roof drain system. Rainwater 1111111111 from all groundpipes Ini Filtered water .01111L. Rinsing Water with particulate Step 2: Protect settled material in the tank While filtration removes most of the sediment and bacteria before rainwater enters the tank, a small quantity of sediment and bacteria will settle at the bottom of the tank. This biofilm is beneficial for the tank and may remove additional bacteria and metals from the water. A pipe entering the tank directly would disturb this sediment and biofilm damaging the water quality, so a calming inlet is used to decrease the water velocity as it enters the tank. The flow entering the tank can be calmed by two 90° bends in the pipe, sending the water upwards as it enters the tank. This type of inlet also prevents the development of a stagnant area in the tank,by stirring the water column. Because the inlet is at the bottom of the tank and water leaves the tank from just below the surface, the water stays in motion preventing development of a dead area. C r—i Step 3: Elevated Uptake Point In RMS designed systems, the floating filter acts more as an uptake point for the pump than a filter. Because all water is filtered before entering the tank, the floating filter should never clog, but will instead take water from just below the surface. Water at this depth is the highest quality water in the tank because any particulate that enters the tank either floats on the surface or settles to the bottom. This filter should never require maintenance. However, it is standard practice to install the filter so that it can be accessed through the manway without anyone entering the tank. Multiple filters can be used together when required flow rates are high. Step 4: Protected Overflow To prevent backup in the system (gutters or roof drains), the storage tank should always include an overflow of at least the same pipe size as the inlet directed to a stormwater system or other adequate conduit. The system should also include adequate venting to prevent backup during heavy rains. In RMS designed systems, the overflow also works to protect water quality. First, the overflow is protected to prevent backup from the stormwater system into the tank or any introduction of debris. Second, the overflow contains an angled pipe to provide skimming of the water surface. Despite the vortex filter, some small buoyant debris, such as pollen, can enter the tank. Unlike the traditional horizontal pipe opening in a detention pond, the angled opening in a rainwater system will remove debris from the surface. Storage tank 22.5 degree angle cut in pipe provides shamming n t ' the outer Flapper valve allows�vatcr to oertlma;but 'prevents entry into the tank r r I Important Information regarding the systems/equipment proposed for this project: Rainwater Management Solutions commercial rainwater harvesting systems/equipment is for NON- POTABLE water applications only. The customer is solely responsible for determining the suitability of the system/equipment for the intended application. RMS and its representative companies assume no risk or liability in connection therewith,regardless of RMS's knowledge of the system's/equipment's intended use and regardless of any suggestions or statements made by RMS. Indoor installations of any system/equipment must include an appropriately sized drain system to prevent flooding. This is the customer's responsibility and as such,RMS will not be responsible for damage caused by flooding regardless of why or how it occurs. Systems/equipment and labor not specifically addressed under"Materials and Services Provided"are not included in this proposal. Materials and Services Provided: RMS intends to provide the following components and skid. Systems/equipment noted in this proposal are provided by RMS for installation by others RMS understands that Eden Prairie staff and/or appropriately licensed individuals will install the system. Connections between components using pipe,high and low voltage electrical wiring,and other connections between any components, are provided and installed by others. Check valves and manual valves not listed are not included. This proposal includes only the components and/or services listed below. CAUTION: Scientific studies illustrate that appropriate,pre-tank filtration is necessary in order to maintain acceptable quality harvested rainwater. Further,rainwater should only be harvested from impermeable roof areas that are not typically accessed by people or equipment. Harvesting water from other surfaces,such as green roofs,terraces,parking areas,etc.will create the high potential for significantly degrading the quality of the harvested water. Inadequate pre-tank filtration/capturing water from areas other than impermeable roofs can result in poor quality harvested water stored in the cistern tank. This can lead to foul odors,damage to the end use equipment/fixtures as well as damage to the harvesting system filtration equipment and other components. RMS will not honor system/equipment warranty claims or be held accountable in any way for water quality issues/damages arising from the lack of appropriate pre-tank filtration of harvested rainwater, collection from areas other than impermeable roofs or the deletion of any of the other 4 Steps described previously in this document. Ekntity IIMME 1 WISY VORTEX FILTER WITH 280 MICRON STAINLESS STEEL SCREEN W/ FILTER HANDLE, EXTENSION TUBE AND FERNCO COUPLINGS 2-6X6, 1-4X4 1 WISY MOUNTING PLATE FOR WFF 150 FOR ABOVE GROUND TANK 1 WISY STAINLESS STEEL BLIND INSERT FOR WFF-150- PROVIDES FULL SYSTEM BYPASS FOR IN TANK CONSTRUCTION,WINTERIZATION OR MAINTENANCE 1 WISY STAINLESS STEEL 4" SMOOTHING INLET 1 WISY 4" OVERFLOW SIPHON 1 6500 GALLON ROTOPLAS TANK BLACK—CUSTOM WELDED PENETRATIONS 1 STEEL PAINTED MADE TO ORDER SKID PLUMBED IN COPPER PIPE 1 NONHEATED ENCLOSURE FOR PUMP AND TREATMENT SYSTEM 1 RMS 200 MINI CONTROLLER 1 ULTRASONIC LEVEL SENSOR AND BRACKET 1 RMS STAINLESS STEEL FLOAT TREE FOR HANGING FLOAT SWITCHES 3 NORMALLY OPEN FLOAT SWITCHES- 1 FOR DRY RUN PROTECTION AND OTHER 2 FOR FLOAT CHAIN, STATE CAN BE CHANGED IN CONTROLLER 1 NORMALLY CLOSED FLOAT SWITCH TO OPEN NORMALLY CLOSED SOLENOID ON BACKUP WATER 4 1" PADDLE WHEEL FLOW METERS 4 1" PADDLE WHEEL FLOW METER COPPER T'S 4 1" PADDLE WHEEL FLOW METERS COPPER MOUNTING SADDLES 1 1.5 HP GOULDS ESV JET PUMP AND MOTOR-2/60/3—3-22 GPM 1 VARIABLE FREQUENCY DRIVE 1 WISY 2" COURSE FLOATING FILTER WITH 7'OF SUCTION TUBE 1 VIQUA SEDIMENT CARBON AND UT WATER TREATMENT SYSTEM RATED FOR 16- 22 GPM with 1" INLET AND OUTLET 1 14 GALLON PRESSURE TANK SIZED FOR VFD 1 1" PRESSURE TANK T KIT WITH GAUGES _ 1 PRESSURE SENSOR 6 1" CHECK VALVE 4 1"ASCO NORMALLY CLOSED SOLENOID VALVES 1 1"WATTS LEAD FREE RPZ WITH STRAINER 2 DAYS SYSTEM START UP SERVICES 1 SCALED DRAWINGS OF SKID AND TANK IN CAD FORMAT AND ELECTRICAL DRAWINGS 1 ADDITIONAL INSURED ENDORSEMENT *Shipping charges are included in this bid ** Cad drawings of the skid system,wiring diagram and sequence of operations documentation will be provided to the engineer of record prior to production for review and approval. These costs are included in the bid. Technical Support 2 days of onsite technical support for system start up and training are included. The system will be function tested and the installing contractor and owner will be trained on the operation and maintenance requirements. Within 30 days of the training/start up a written report will be provided by RMS. The trip to start-up the system is to be scheduled after the installing contractor has completed the system installation and has returned the Installation Checklist. Failure to accurately represent the completeness of the installation may result in an unsuccessful start-up trip and additional fees.For this project,one additional trip to the project site is included. During the initial start-up visit,the system will be tested to simulate the systems ultimate demand created by the end use as best as possible. If the project site's end use is not complete or capable of accurately representing the system's ultimate demand,then it may be necessary for a return trip to make adjustments after the building is complete or occupied. RMS is not responsible for the costs of return trips to the site if any further technical support,such as system adjustments,are necessary. Not all installation problems/errors can be located during on-site installation verification. It is critical that the installation contractor follows all instructions including protection of the system/equipment from construction debris. Damage due to construction debris entering the system will not be covered under warranty by RMS. Specific Exclusions Field installation Pipe,fittings,manual valves or check valves for required connections between any system,equipment or component of or related to the rainwater harvesting system. Electrical wiring and conduit required for or between any system,equipment or component of the rainwater harvesting system or building automation system. Electrical grounding of the system. Electrical disconnects. Foundation design or construction for any equipment/components related to the rainwater harvesting system. Seismic analysis or buoyancy calculations. Permits,Inspections,Waivers or Professional Engineering Requirements. Water sample testing or any additional testing services. Lifting equipment as required for off-loading the system/equipment from the mode of delivery and setting in place. Drip irrigation water reuse system as detailed on sheets 5 and 6 of 11. Project bond with project less than$100,000. Proposal Cost Information Do Not Exceed: Non-specified items Non-specified NON-HEATED ENCLOSURE $3053.32 Installation start-up and oversight $2000 CAD renderings, drawings and electrical layout $680 Additional insured fee $500 Specified Items Including Shipping $46669.40 Grand Total $52,902.72 PRICING INCLUDES ONLY LISTED EQUIPMENT/SERVICES AND QUANTITIES AS NOTED ABOVE APPLICABLE TAXES ARE INCLUDED MULTIPLE INVOICES WILL BE CREATED WITH SEPARATE BILLING DATES IF SYSTEM/EQUIPMENT IS DELIVERED IN MULTIPLE SHIPMENTS. ALL INVOICES ARE TO BE PAID IN FULL ACCORDING TO THE SUBCONTRACTOR AGREEMENT WITH RMS. RMS HAS INCLUDED A SUBMITTAL AND SCHEMATIC DRAWING WITH THIS DOCUMENT. THIS PROPOSAL IS VALID UNTIL June 23.2017 NERS 1'1I DESIGNERS Consulting Group,Inc. June 6, 2017 SRF No. 7577.01 00120 Ms Leslie Stovring Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Subject: Fire Station #2—Reuse System Award Recommendation—City Project No. 16-5927 Dear Ms. Stovring: Equipment quotes were solicited for the water harvesting and pumping system for the truck washing and irrigation water reuse system on the east side of Fire Station#2.The quotes include a 6,500 gallon HDPE tank with pre-filter, the pump, filter, treatment and controls skid. A total of four (4) quotes were received.All bids have been reviewed and are summarized below in order of value: SUPPLIER TOTAL BID 1. RMS $45,967.72 2. Water Control $54,320.95 3. Watertronics $63,791.00 4. Wahaso $78,563.38 Engineer's Estimate $58,700.00 We recommend the Contract be awarded to the apparent low bidder, RMS. After clarification of a few design details and communication with the City, a revised total includes shipping, sales tax,insurance fee, and an additional site visit in the amount of$52,902.72 for the Total Bid. Please feel free to contact us with any questions or concerns regarding this project. Sincerely, SRF CONSULTING GROUP,INC. 1-0.01/4.941149-1-cek. Leah Gifford,PE (MN) Associate LG/DWF/cw Enclosure cc: Walter Eshenaur, SRF Consulting Group,Inc. SRF.Vo13\H:\Projects\09000\9405\_Correspondence\Letters\170606_AnardRecommendationLetter.doc www.srfconsulting.com One Carlson Parkway North,Suite 150 I Minneapolis,MN 55447.4443 I 763.475.0010 Fax:763.475.2429 An Equal Opportunity Employer CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Rick Wahlen Approve Professional Services Agreement with VIII. N. Public Works/UtilitiesSt. Croix Environmental for Water Resource Management Consulting Services Requested Action Move to: Approve the Professional Services Agreement with St. Croix Environmental, for Water Resource Management Consulting Services. Synopsis This agreement provides Water Resource Management Consulting Services, which includes Wellhead Protection Plan Implementation. This is a two year (2017 & 2018) agreement not to exceed the amount of$70,500.00. Background Information Eden Prairie and all other public water supply systems are required by Minnesota Department of Health to manage a program which protects the public water supply from contamination. Each city's program is designed specifically for the conditions and the environment in the areas surrounding each water well, and to ensure community growth and expansion do not negatively impact the city's water supply. With this agreement, St. Croix Environmental will manage the City of Eden Prairie's Wellhead Protection Plan for the next two years. The responsibilities and tasks of St. Croix Environmental will include; collecting inventory of storage tanks, collecting and monitoring spill sites, monitoring hazardous waste generators, and all other potential contaminant sources that could impact the City of Eden Prairie's source water. SCE will also monitor installation of high capacity wells and provide awareness to private well owners. Working collaboratively the general public and neighboring communities will be essential for St. Croix Environmental to ensure the City of Eden Prairie's aquifer system is protected from contaminants. These actions will maintain a safe water supply for the residents of Eden Prairie for years to come. Attachments • Professional Services Agreement • Scope of Work and Budget Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 131 day of June 2017, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and St. Croix Environmental, a Wisconsin corporation (hereinafter "Consultant") whose business address is 325 St. Anne's Parkway, Hudson, WI 54016. 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 Water Resource Management Consulting 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 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 June 13, 2017 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 $70,500.00 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 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 Kevin and Terese Miller 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 coveraeges required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, 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 ST. CROIX ENVIRONMENTAL By: Its: Standard Agreement for Professional Services 2014.04 Page 8 of 8 Exhibit A-Scope of Work and Budget for Wellhead Protection Plan Implementation J� 2017 2018 eo�� Budget Budget Budget allocation per Part II Report Text p�� Action Item Request Request 1 Potential Contaminant Source Inventory(PCSI)Database Verification $20,000 $10,000 $25,000 to verify wells, $10,000 annually Inventory and verify the locations of potential contaminant sources in the DWSMA(see tasks 2 through 8) Note: $10,000 for 2016 was covered under an MDH grant. Prioritize and continue to verify locations of potential contaminant sources identified in the expanded DWSMA. SCE Work collaboratively, on well location verification, with neighboring communities. SCE 2 Raise Well Owner Awareness about Well Maintenance $1,000 $3,500 $1,000 per year, $2,500 per mailing Educate well owners concerning the proper operation and maintenance of wells, reducing the potential risk of pathways for contaminants to travel to the source water aquifer. Download the County Well Index from the Geological Survey annually. SCE Cross-check with tax records to identify new well owners(if any)and verify locations annually. SCE Prepare a map and table identifying wells within the DWSMA annually. SCE Review the MDH "Well Owner's Handbook" SCE Distribute MDH literature to well owners identified during the well inventory, every five years. SCE Promote the Sealing of Unused or Abandoned Wells Covered under above budget Review the County Well Sealing and Cost Share Grant Program. SCE Provide MDH literature to well owners about the Cost Share Program, every five years. SCE 3 Monitor the Installation of High Capacity Wells. $1,000 $1,000 $1,000 per year Identify increased groundwater withdrawals and determine if those withdrawals may affect the city's ability to provide an adequate Download the Water Appropriations Permit database from the Department of Natural Resources annually. SCE Cross-check with tax records to identify new well owners(if any)and verify locations annually. SCE Prepare a map and table identifying high-capacity wells within the DWSMA annually. SCE 4 Inventory and Management of Storage Tanks $1,000 $3,500 $1,000 per year, $2,500 per mailing Communicate concerns about the impacts on drinking water related to the release of liquid chemicals and fuels from above-ground and buried storage tanks in areas where aquifer vulnerability is classified and high and moderate. Maintain an inventory of tanks in areas where aquifer vulnerability is classified and high and moderate. SCE Cross-check with tax records to verify locations annually. SCE Prepare a map and table identifying storage facilities where aquifer vulnerability is classified and high and moderate annually. SCE Prepare and mail,to Eden Prairie Tank owners, information on Eden Prairie's Wellhead and Source Water Protection Program, and proper operation and maintenance of storage tanks, every five years. SCE 5 Manage Individual Sewer Treatment systems(ISTS) $1,000 $3,500 $1,000 per year, $2,500 per mailing Facilitate hook-up of properties with non-conforming ISTS to City sewer. Identify the locations of ISTS (City Staff) in areas where aquifer vulnerability is classified as high annually. Prepare a map and table identifying ISTS locations where aquifer vulnerability is classified and high annually. SCE Prepare and mail,to Eden Prairie ISTS owners, information on Eden Prairie's Wellhead and Source Water Protection SCE Program, and proper maintenance of ISTS, every five years. 6 Manage Class V wells. $1,000 $3,500 $1,000 per year, $2,500 per mailing Identify potential Class V locations in Eden Prairie, and communicate their potential impacts to water supply. Review hazardous waste permitted facilities within the DWSMA to identify potential Class V well users annually. SCE Verify identified locations and prepare a map and table identifying potential Class V well locations annually. SCE Create educational brochures regarding the potential risks associated with Class V wells. SCE Distribute literature to businesses identified as potential Class V locations in Eden Prairie, every five years. SCE 7 Inventory Known Leak and Spill Sites(LUST, VIC, etc.). $1,000 $1,000 $1,000 per year Assess potential risk of leak sites to the public water supply. Note: This budget item requires additional funding to prepare maps and tables based on MPCA file reviews. Obtain leak site information (including LUST,VIC and other sites)where vulnerability is classified and high and moderate. SCE As new leak sites are identified, verify their locations. Prepare maps and tables identifying leak site locations annually. SCE 8 Inventory Registered Hazardous Waste Generators $1,000 $3,500 $1,000 per year, $2,500 per mailing Provide current information regarding the locations of hazardous waste generators and communicate concerns about the potential impacts on drinking water related to proper handling of hazardous materials Inventory hazardous waste generators within the highly vulnerable areas of the DWSMA annually. SCE Verify identified locations and prepare a map and table identifying HWGs within the DWSMA annually. SCE Update or revise literature on the Wellhead Protection Program and Best Management Practices. SCE Distribute literature to owners of identified properties,within Eden Prairie, every five years. SCE Exhibit A—Scope of Work and Budget for Wellhead Protection Plan Implementation � 2017 2018 eo�� Budget Budget Budget allocation per Part II Report Text O$° Action Item Request Request 9 Municipal Planning and Zoning City Staff City Staff No consulting budget allocated to this activity. Incorporate wellhead and source water protection into the planning and review process. Discuss with the Community Development Staff how best to take into account areas vulnerable to contamination in the review and approval of development plans, involving potential point-sources of contamination. Both 10 Stormwater Pollution Protection City Staff City Staff No consulting budget allocated to this activity. Interdepartmental goals of protecting source water quality will continue to be shared. Provide a copy of the WHPP and updates to the SWPPP Environmental Coordinator informing their department of the goals Note: Some budget necessary to provide Leslie with an and objectives of the WHPP, as needed. annual progress report. 11 Public Education and Information City Staff City Staff No consulting budget allocated to this activity. Educate and develop awareness of the connections between land use, surface water runoff, lake water quality, and groundwater quality for the general public. Continue school education programs that focus on water conservation, stormwater runoff, sustainability,waste reduction, (MDH Grant) Grant opportunity to fund education programs; outreach; and environmental awareness through the City's Environmental Learning Center(ELC)facility as well as city events and web site updates. Prepare the Drinking Water Report on an annual basis,which is made available on the City's website. Review the education efforts and modify annually. Both 12 Collaborative Source Water Protection (MDH Grant) No consulting budget allocated to this activity. Communication with other local governmental units with overlapping DWSMAs will be established. Consider grant related to transdcuers and sharing of data between neighboring communities.Also develop process for sharing PCSI inventory information. Work collaboratively,to the extent possible,with other local government units in an effort to promote source water protection. Both Establish a cooperative groundwater level monitoring program with neighboring communities. Both 13 Transportation Corridors, Pipelines and Railroads $1,000 $1,000 No resource budget specified in plan. Create awareness among city staff and cooperators about transportation corridors and pipeline issues that have the potential to affect the public water supply. Evaluate transportation corridor threats and incorporate drinking water supply protection into local spill response plans, SCE planning, and potential clean-up efforts Provide a map of the Eden Prairie DWSMA to the Eden Prairie Fire Department and other fire departments in the DWSMA including County Fire Departments, County Sheriff's Departments, and Emergency Managers. Describe wellhead protection SCE and emphasize the importance of spill clean-up and response. Provide a map of the Eden Prairie DWSMA to the pipeline and rail companies. Describe wellhead protection and emphasize SCE the importance of spill clean-up and response. 14 Storm Sewer and Vulnerability Awareness $1,000 $1,000 No resource budget specified in plan. This budget merely covers planning-no work activities. Practices may be identified that can reduce the potential risk of contamination of the drinking water supply. Evaluate existing stormwater management within the high vulnerable portion of the DWSMA.A review of existing maps SCE Uncertain whether to budget allocation for this task under shows that stormwater is discharged into an area of high vulnerability at Galpin and Mud Lakes in Excelsior. WHPP or Stormwater(Leslie). Identify BMPs and stormwater practices in these areas that reduce potential risk of contaminants entering groundwater SCE resources based on MDH and MPCA stormwater guidance in wellhead protection areas. Incorporate Eden Prairie's DWSMA and vulnerable groundwater areas into the city's stormwater plan. SCE 15 Program Evaluation $5,000 $5,000 No resource budget specified in plan. Evaluate implementation efforts to determine the effectiveness of the WHPP in terms of accomplishing its goals. This report should be targeted for preparation within 90 days of the anniversary date of the approved plan. The plan was formally approved on February 26, 2016. Due May 26, 2017. Prepare a report documenting the tasks completed, discussing the effectiveness of management strategies and SCE recommending any changes annually. ESTIMATED ANNUAL BUDGET ALLOCATION $34,000 $36,500 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 16-5964 ITEM NO.: Public Works/Engineering Award Contract for the Entry Monument Sign at VIII. O. Rod Rue Anderson Lakes Parkway and TH 169 to Derau Construction Requested Action Move to: Award contract for the entry monument sign project at the intersection of Anderson Lakes Parkway and TH 169 to Derau Construction in the amount of $102,450. Synopsis Sealed bids were received Thursday, June 1, 2017 for this project. Six bids were received with the lowest bid in the amount of$102,450 from Derau Construction, which is under the sign consultant's estimate. The other bids are listed in the attached Consultant's Recommendation Letter. The estimated monument sign cost established by Visual Communications (sign consultant)was $120,000, which did not include electrical service to the site, grading work, site restoration, and landscaping. The grading work and site restoration costs are included in the contractor's bid prices. However, the electrical service to the site and landscaping are additional items that the city will be covering separately. Background Information Staff has been working to establish design features and components for the various entry monument sign locations within the city, as well as this particular location. The monument sign at Anderson Lakes Parkway was bid in April but the bids were rejected by the City Council due to a higher than anticipated cost. The various lighting components were the primary reason for the initial high bid prices. Subsequently, many of the lighting components were eliminated and the project was re-bid. The entry monument sign includes a structural wall with a stone face and internally illuminated letters, soaring bird silhouettes, and wave panels. Attachments • Consultant's Recommendation Letter • Summary of Bids • Form of Contract A TI p I I Engineering Surveying i") Landscape Architecture June 2, 2017 Mr. Rod Rue City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Construction Bids for Entry Monument Sign— Anderson Lakes Parkway and TH 169 City Project# IC 16-5964 Dear Mr. Rue, Bids were received and opened at 10:00 a.m. on Thursday June 1, 2017, for the above referenced project.The bids are shown on the attached Summary of Bids. The low bidder, Derau Construction, came in with a bid of$102,450. Recommendation is made that the City Council awards City Project# IC 16-5964 to Derau Construction in the amount of $102,450. This recommendation considers that the City Council reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City. Respectfully, Hansen Thorp Pellinen Olson, Inc. Aaron Carrell, P.E. Enclosures 7510 Market Place Drive Eden Prairie, MN 55344 952-829-0700 952-829-7806 fax www.htpo.com HANSEN THORP PELLINEN OLSON, INC. SUMMARY OF BIDS City of Eden Prairie Project# IC 16-5964 DESCRIPTION: Entry Monument Sign Anderson Lakes Parkway and TH 169 BID OPENED: June 1, 2017 CONSULTING ENGINEER: Hansen Thorp Pellinen Olson, Inc. CHECKED BY: Hansen Thorp Pellinen Olson, Inc. Responsible Bidder Bid Bond Contractor Total Bid Derau Construction Yes Yes $102,450 Custom Builders, Inc. Yes Yes $118,275 Pember Companies, Inc. Yes Yes $138,120 Klar Dig Yes Yes $140,440 Terranova Yes Yes $146,483 Environmental Associate Inc. Yes Yes $151,049 FORM OF CONTRACT THIS AGREEMENT,made and executed this 13th day of June, 2017, by and between City of Eden Prairie hereinafter referred to as the "CITY", and_Derau Construction, 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 Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. 16-5964 Entry Monument Sign at Anderson Lakes Parkway and TH 169 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 $ 102,450 . 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: Derau Construction, LLC By Title And Title FC-2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #17-5990 ITEM NO.: Rod Rue Approve Professional Services Agreement with VIII. P. Public Works/Engineering WSB Associates, Inc. for Preliminary Design Services for the Dell Road(Crestwood Terrace to Flying Cloud Drive/CSAH 61) Improvement Project Requested Action Move to: Approve Professional Services Agreement with WSB Associates, Inc. for Preliminary Design Services for the Dell Road(Crestwood Terrace to Flying Cloud Drive/CSAH 61) Improvement Project. Synopsis This Professional Services Agreement will provide preliminary design services to evaluate conceptual layouts and determine a preferred layout for the Dell Road(Crestwood Terrace to Flying Cloud Drive) Improvement Project. Once preliminary design work is complete and a preferred layout is selected, a separate professional services agreement will be needed for final design. These proposed roadway improvements are currently in our Capital Improvement Plan (CIP) for 2021. Background Information As indicated, the Dell Road improvement project from Crestwood Terrace to Flying Cloud Drive/CSAH 61 is currently in our CIP for 2021. However, there have been numerous discussions over the years regarding development opportunities adjacent to Dell Road that would influence the alignment and grades for any Dell Road improvement. These preliminary design services will evaluate conceptual layouts and determine a preferred layout with an alignment and profile that best meets the needs of the corridor and adjacent property owners through this challenging topographic area. The engineering work will be valuable to any future development in the area and will provide an acceptable layout for Dell Road as the project proceeds into final design. There was conceptual alignment alternatives developed several years ago for this corridor. One of the results of that analysis was the need for the CSAH No. 61 (Flying Cloud Drive) and Dell Road intersection to be raised vertically a few feet to provide a safer roadway approach for Dell Road toward CSAH No. 61 (Flying Cloud Drive). With Hennepin County's proposed CSAH 61 (Flying Cloud Drive) improvements from Charlson Road to CSAH No. 101 in Carver County scheduled to begin in 2017, this intersection will be raised and the southern portion of Dell Road reconstructed with the county project. The county's project is anticipated to be completed in 2019. Financial Implications The Professional Services Agreement with WSB Associates, Inc. has an estimated cost of $29,317. The primary funding for the project will be from Municipal State Aid funds. Attachment Professional Services Agreement Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 13th day of June , 20 17 between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and WSB &Associates, Inc. , a Minnesota corporation (hereinafter "Consultant") whose business address is 701 Xenia Avenue South, Suite 300, Minneapolis, MN 55416 Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for the Dell Road Reconstr. Proj. 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 Engr. Serv.) 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 Tune 13, 2017 through April 1, 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 $ 29,317.00 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. Standard Agreement for Professional 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 Monica Heil, PE 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 coveraeges required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, 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 ii S8 £ A%ocmfl S By I" 0 W• K p Its: - DONr Standard Agreement for Professional Services 2014.04 Page 8 of 8 WSB 701 Xenia Avenue South I Suite 300 I Minneapolis,MN 55416 I(763)541-4800 June 2, 2017 Mr. Rod Rue City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Dell Road Reconstruction Project Proposal for Engineering Services: Geometric Layout Approval and Cost Estimating Dear Mr. Rue: WSB &Associates, Inc. (WSB) is excited about the opportunity to present this proposal for professional engineering services associated with the reconstruction of Dell Road. The proposed scope of services presented in this proposal is based on site visits and discussions with City staff. It is our further understanding that the City is interested in evaluating concept layouts that may include relocation of the roadway to a location partially within the Marshall Farm development, but that concepts developed within the Marshall Farm site shall take into consideration the preservation of some of the key features on the property. In addition, a preferred layout will be chosen prior to development beginning on the Marshall Farm. PROJECT UNDERSTANDING This project will be a collaborative effort with City staff to develop concept layouts for the urbanization of Dell Road between Crestwood Terrace and Flying Cloud Drive (CSAH 61)that will allow for future development of the Marshall Farm site and minimize impacts to existing neighboring properties. Once concept layouts have been developed, and City Staff and its consultant have met with residents along the corridor to discuss the proposed future improvements, the preferred layout will be selected. Final deliverables will include a 30% plan concept layout and the corresponding cost estimate by the Winter of 2017/2018. The proposed layout will need to address the following improvements: ■ Design will be in accordance with State Aid standards including a new bituminous pavement section with concrete curb and gutter, storm sewer, a bituminous trail on at least one side of the street, retaining walls and water quality improvement as deemed necessary by the Riley Purgatory Bluff Creek and Lower Minnesota River Watershed Districts. State Aid Variance needs for horizontal or vertical curves will be identified and discussed with City Staff as a part of the evaluation process. ■ Design will coincide and match up with Hennepin County's proposed improvements for CSAH 61 (Flying Cloud Drive). ■ Drainage, Riley Purgatory Bluff Creek and Lower Minnesota River Watershed District permit requirements (as deemed necessary by each respective district) will be identified for each concept to assist in determining if easements are necessary to accommodate the final storm sewer system plan and water quality requirements of the project. ■ Construction limits will be prepared for each concept to illustrate the impacts to adjacent properties and help understand future right of way needs with the Marshall Farm development. Building a legacy—your legacy. Equal Opportunity Employer I wsbeng.com G:\00-MUNICIPAL\Clients-Cities-Counties\Eden Prairie\Proposals\Dell Rd Preliminary Design\2017.06.02.Dell Rd proposal Exhibit A.docx Mr. Rod Rue June 2, 2017 Page 2 PROJECT APPROACH/SCOPE OF SERVICES WSB's project scope and proposed tasks are based on our understanding of the project, and we propose the following scope of services: Task 1 — Project Management This task includes planning and coordination of all work tasks, establishment and monitoring of budgets, meetings, and correspondence with the City of Eden Prairie. The project manager will provide technical direction on all aspects of the project review, all work products, and keep the City informed on the project progress. Task 2—Data Collection This task involves the gathering of physical data as well as record information regarding the project area. Information and tasks to be completed under this item will include the following: ■ Survey—The City of Eden Prairie will send WSB all relevant LIDAR information for the project area. WSB &Associates, Inc. will also collect spot topo graphic survey data in those locations deemed critical for conceptual design layouts for additional accuracy. ■ Geotechnical Data—The City of Eden Prairie will send WSB all relevant information they have on file relating to geotechnical information for the project area that was obtained from previous studies. WSB will review this information with to determine any soil correction that may be needed in the project area. If no geotechnical information is available, WSB will assume a section based on the city standard details. ■ Wetland Delineation —The City of Eden Prairie will send WSB all relevant GIS information related to any wetland boundaries within the project area. ■ Previous Studies/Plans —The City of Eden Prairie will provide WSB copies of all previous traffic and development studies for the areas adjacent to Dell Road. The extension of trunk watermain facilities, as well as an evaluation of sanitary sewer serviceability, will be considered with concept planning for the roadway improvements, and WSB will also evaluate the proposed improvements for compliance with the City's Comprehensive Sanitary Sewer and Water Plans. o WSB will obtain the plans for the Flying Cloud Drive (CSAH 61) improvements from Hennepin County. • Private Utility Information—WSB will order a Gopher State One Call boundary survey to obtain facility mapping. The City of Eden Prairie will provide any GIS data regarding existing utilities. Based on the preliminary layout, potential utility conflicts will also be identified. Task 3—Meetings WSB will attend and assist in facilitating the following meetings as listed below: • Two meetings with City staff to discuss layout options • One meeting with Hennepin County or other interested party(Marshall Farm) • One community meeting • One meeting with City staff to discuss final layout and cost estimate Task 4— Preliminary Design The preliminary design will be based on all information gathered under the data collection phase. WSB & Associates, Inc. will complete the following work tasks during this portion of the project: ■ Roadway Design —The proposed roadway design shall meet City and State Aid standards wherever feasible, and will include discussions with City Staff about the possible need for vertical or horizontal curve variances. The typical pavement section will be designed with regard to in- place soils and anticipated traffic loading. The alignment of the new 32-foot urban road section G:\00-MUNICIPAL\Clients-Cities-Counties\Eden Prairie\Proposals\Dell Rd Preliminary Design\2017.06.02.Dell Rd proposal Exhibit A.docx Mr. Rod Rue June 2, 2017 Page 3 will be focused on minimizing right-of-way and grading impacts. A bituminous trail will also be included on one side of Dell Road. ■ Evaluation of Alternatives—WSB will develop up to three (3) concepts alternatives for Dell Road. The alternatives will consider: grading impacts, right-of-way impacts and the need for driveway realignment to maintain existing access points. The concept layouts will include a preliminary alignment, profile and construction limits. The evaluation will include right-of-way requirements, traffic operations, neighborhood impacts, and environmental impacts. ■ Water Main and Sanitary Improvements—With the evaluation the roadway concept layouts, WSB will also review future watermain extension and sanitary sewer serviceability associated with each layout. These layouts will also be reviewed for compliance with the City's current Sanitary Sewer and Water Comprehensive Plans. Any deviations from these plans will be addressed with City Staff during the review process. ■ Storm Water Management—Most of the storm water runoff within the project area discharges directly to adjacent low points and wetlands.WSB will ensure local watershed and City requirements are met, including BMP recommendations. o Future phases of this project can include a thorough evaluation of watershed district grant opportunities for improvements associated with the project. ■ Right-of-Way and Easement Needs—As previously stated, it is our intent to work within the existing right-of-way to the fullest extent possible. However, the need to acquire right-of-way or temporary easements will be analyzed and recommendations will be made as a part of this process. Task 5—Cost Estimate Based on the approval of the final layout, WSB &Associates, Inc. will complete a high-level cost estimate, with an estimated range for: roadway construction, storm sewer and water quality improvements and right-of-way needs/easement needs for the selected design. PROJECT TEAM WSB &Associates, Inc. proposes the following individuals as key members of the project team: Lee Gustafson, PE— Public Involvement Lead Monica Heil, PE— Project Manager Emily Lueth, PE— Lead Design Engineer SCHEDULE WSB proposes the following schedule: June 2017 Eden Prairie approves WSB proposal Early Fall 2017 WSB presents concept layouts Late Fall 2017 Meetings with area residents showing layouts Winter 2017/2018 Finalize layout and cost estimate G:\00-MUNICIPAL\Clients-Cities-Counties\Eden Prairie\Proposals\Dell Rd Preliminary Design\2017.06.02.Dell Rd proposal Exhibit A.docx Mr. Rod Rue June 2, 2017 Page 4 PROPOSED FEE WSB &Associates will provide the services as outlined in Project Approach/Scope of Services. Our budget was developed based on our understanding of the scope and experience with past reconstruction projects in the area. A summary of the costs for each phase of the project is as follows: TASK DESCRIPTION FEE 1 PROJECT MANAGEMENT $ 2,130.00 2 DATA COLLECTION $ 2,672.00 3 MEETINGS $ 4,917.00 4 PRELIMINARY DESIGN $ 18,326.00 5 COST ESTIMATE $ 1,256.00 TOTAL PROPOSED FEE $ 29,317.00 We propose to complete tasks 1 through 5 as indicated on an hourly not-to-exceed fee of$29,317.00. If additional work outside of the above described scope is determined necessary, it will proceed only after City of Eden Prairie approval. This additional work would be billed on an hourly basis in accordance with WSB &Associates, Inc. 2017 Fee Schedule. The proposed scope and fee presented herein represents our complete understanding of the project based on site visits and discussions with City staff. If you have any questions or concerns, please feel free to contact me at (763) 762-2821. Once again, we appreciate the opportunity to submit this proposal and look forward to working with you and your staff. Sincerely, WSB &Associates, Inc. Lee Gustafson, PE ennedy PE Sr. Project Manager Vice President LG/JK/jmh G:\00-MUNICIPAL\Clients-Cities-Counties\Eden Prairie\Proposals\Dell Rd Preliminary Design\2017.06.02.Dell Rd proposal Exhibit A.docx CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Rick Wahlen Approve Professional Services Agreement with VIII. Q. Public Works/Utilities AE2S for Design and Integration Services for Phase II of the Sanitary Sewer Lift Station Control Hardware Improvement Project Requested Action Move to: Approve the professional services agreement with Advanced Engineering& Environmental Services (AE2S) for the design and integration services to upgrade the controls at the remaining 4 sanitary sewer lift stations at a cost of$24,800. Synopsis The City of Eden Prairie Utilities Division is upgrading the controls at the last 4 of our 21 sanitary sewer lift stations in 2017. The majority of the lift stations were upgraded last year. The project was split between fiscal years to fit within the utility CIP budget. Background Information The sewer utility fund is programmed for one major lift station rehabilitation per year, which in 2017 was budgeted for$190,000. Due to the problems we've experienced over the years with the existing controls, staff determined a wise use of these rehabilitation dollars in 2016-2017 would be to upgrade as many lift station control systems as the budget would allow to improve the reliability of the system, minimize likelihood of sewer backups, and save staff time spent on responding to false alarms and communications failures. All costs for the improvement project will be paid from the wastewater utility capital improvement fund. Attachments Professional Services Agreement Exhibit A—Proposal and Scope of Work Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 13th day of June , 20 17 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Advanced Engineering & Environmental Services, Inc. , a Minnesota Corporation (hereinafter "Consultant") whose business address is 6901 East Fish Lake Road, Suite 184, Maple Grove, MN 55369-5457 . Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Engineering Design and Integration Services for the Sanitary Sewer Lift Station Control Hardware 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 ( Proposal and Scope of Work for Professional Engineering Services ) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. If the Consultant's 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 _June 13, 2017 through June 12, 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 $ 24,800 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 _Allen Dostall to serve on the Project. He 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 coveraeges required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, 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 ADVANCED ENGINEERING & ENVIRONMENTAL SERVICES By: Its: Standard Agreement for Professional Services 2014.04 Page 8 of 8 cit% RE2s April14,2017 www. ae2s . com John Carlon City of Eden Prairie 14100 Technology Drive Eden Prairie,MN 55344 RE: Letter Agreement Between Owner and Engineer Lift Stations Control Hardware Improvements—Phase 2 City of Eden Prairie,MN Dear Mr. Carlon: Thank you for the opportunity to provide this Agreement for professional Instrumentation and Control (I&C) Services in association with the Eden Prairie Utility Department. After discussions regarding the slow serial communications, failure rate, and complications of the existing lift stations control hardware, we have prepared this Agreement to provide control hardware and programming improvements, as further described below,for the City of Eden Prairie,MN. This is an Agreement between the OWNER and ENGINEER effective upon approval of the OWNER for the Scope of Services described herein. Scope of Services ENGINEER will perform the following professional services as authorized by OWNER. 1. Bell Oaks,Riley Creek Ridge,Riverview Heights,and Spring Road Lift Stations. a. Replace existing control hardware with new control hardware to obtain more efficient telemetry communications and minimize failure rates. The following is typical per site: i. Design and planning ii. Perform control panel modifications. 1. Install Allen-Bradley Micrologix 1400 programmable logic controller (PLC)and necessary fusing and wiring. 2. Install Allen-Bradley Panelview Plus 6"operator interface terminal(OIT) including'necessary fusing,wiring,and mounting bezel. 3. Install 5-port unmanaged Ethernet switch and all necessary cabling. 4. Record wiring changes in existing control panel schematics. 5. Testing and commissioning. iii. Perform PLC programming. 1. Create PLC program based upon the lift station programming standards. 2. Testing and commissioning. iv. Perform OIT programming. 1. Create operator interface application based upon the lift station programming standards. 2. Testing and commissioning. 2. Water Treatment Plant a. Perform PLC program modifications within polling master PLC to increase telemetry communication efficiency. b. Perform SCADA programming to allow for remote monitoring of new lift stations control hardware. Advanced Engineering and Environmental Services, Inc. Water Tower Place Business Center• 6901 East Fish Lake Road Suite 184 ® Maple Grove, MN 55369 • (t) 763-463-5036 • (f) 763-463-5037 c . Configure alarming within Win-911 . d . Testing and commissioning. Responsibilities of OWNER 1 . Provide ENGINEER access to sites indicated in Scope of Services . 2 . Procure all Allen-Bradley Micrologix 1400 PLCs . 4 . Procure all relays and terminal jumpers . Proposed Professional Fees ENGINEER proposes to complete the Scope of Services under this Agreement on an hourly and not to exceed maximum amount basis . A breakdown of the estimated costs for the Scope of Services is as follows : 1 . Planning, design, site visits, hardware preparation (per site) $ 500 2 . Lift station control hardware installation/Record wiring changes in existing drawings (per site) $ 1 , 750 3 . Perform lift station PLC and OIT programming (per site) $ 1 , 300 4 . Perform master PLC programming (per site) $ 800 5 . Perform SCADA programming (per site) $ 650 6 . Win-911 alarming software configuration (per site) $250 7 . Lift station testing and commissioning (per site) $ 750 Total Professional Services (Per Site) $ 6 , 000 . 00 Total Professional Services (4 Sites) $24,000 . 00 Reimbursables (Cables , unexpected hardware , travel , etc . ) $ 800 . 00 Combined Total $24 ,800 . 00 ($6 ,200 . 00/Site) Times for Rendering Service ENGINEER proposes the following anticipated schedule for performance of the above stated tasks : 1 . Scheduling of site conversion work is dependent upon hardware procurement . 2 . Final completion date is dependent upon receiving Notice to Proceed . Any delays due to site access or equipment shall not be the responsibility of the ENGINEER. Page 2 of 3 (Letter Agreement) Acceptance Should this proposal satisfactorily establish the Scope of Services desired, and you approve the Terms and Conditions of the Agreement, please sign and date both copies of this proposal in the space provided . Retain one ( 1 ) copy for your records and return the other to AE2S . Receipt of a fully executed Agreement will serve as our Notice to Proceed . Thank you again for the continued opportunity to provide professional services to the City of Eden Prairie, MN . We look forward to working with you , and we are confident our experience and expertise will provide value to your facility . Sincerely, Accepted this day of , 20 AE2S City of Eden Prairie, MN . see By : Allen H . Dostall Title : Instrumentation and Controls Technician era Grant L . Meyer, PE Client Program Leader, AE2S Page 3 of 3 (Letter Agreement) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Robert Ellis Institution Community Work Crew Agreement VIII. R. Public Works Requested Action Move to: Approve Institution Community Work Crew Agreement. Synopsis Annual agreement for labor assistant provided by the Minnesota Department of Corrections through the Institution Community Work Crew (ICWC)program from July 1, 2017 through June 30, 2018 at a cost of$85,000.00. The types of tasks ICWC members perform are related to street,park and utility maintenance. Background Information Each year, the city relies on labor assistance provided by the Minnesota Department of Corrections through the Institution Community Work Crew (ICWC)program. The types of tasks ICWC members perform are related to street,park and utility maintenance. ICWC members are supervised by a crew leader provided by the state. The ICWC program provides up to ten crew members and one crew leader for three days per week. This program helps provide offender crew members with valuable job skills and experience, while allowing the city to keep maintenance costs of our infrastructure low. Attachment Agreement Income Contract No . STATE OF MINNESOTA INCOME CONTRACT This contract is between the State of Minnesota, acting through its commissioner of corrections, Institution Community Work Crew Program (" State"), and the City of Eden Prairie, 15150 Technology Drive, Eden Prairie, Minnesota 55344 ( "Purchaser") . Recitals 1 . Under Minn . Stat. § 241 .278 the State is empowered to enter into income contracts . 2 . The Purchaser is in need of an Institution Community Work Crew (ICWC) . 3 . The State represents that it is duly qualified and agrees to provide the services described in this contract. Contract 1 Term of Contract 1 . 1 Effective date : July 1 , 2017, or the date the State obtains all required signatures under Minnesota Statutes Section 16C . 05 , subdivision 2 , whichever is later. 1 .2 Expiration date : June 30, 2018, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 2 State' s Duties The State will : A . Provide a supervisor crew leader(s) and up to ten ( 10) offender crewmembers that the crew leader will supervise during four (4) 10- hour work days per week, including the hours crew leaders spend for daily preparation, communication and travel . The crew leader will take directions as to the location and nature of the work to be completed on a given day as requested by the Purchaser ' s Authorized Representative or designee . B . Train each work crew in safety principles and techniques set forth by applicable federal, state and local agency requirements . Purchaser agrees that the state has the authority to refuse selected projects if it considers the projects beyond the skill level of the crewmembers and/or unsafe to perform . C . Provide required personal safety equipment and clothing needed for specific work. D . Screen projects to ensure that the appropriate staff are assigned . E . Submit reports to the Purchaser upon request within sixty (60) days of the end of each quarter. 3 Payment The Purchaser will pay the State for all services performed by the State under this contract as follows : Payment shall be made by the Purchaser to the State in the amount of forty two thousand five hundred and 00/ 100 dollars ($42 , 500 . 00) on August 1 , 2017, forty two thousand five hundred and 00/ 100 dollars ($42, 500 . 00) on January 1 , 2018 . Any overtime hours will be billed at the rate of seventy-five and 00/ 100 dollars ($ 75 . 00) per hour. The total obligation of the Purchaser for all compensation and reimbursements to the State under this contract is eighty-five thousand and 00/ 100 dollars ($85 , 000), plus any additional overtime hours, as its share of the cost of providing a crew leader and placing the work crews into service on the ICWC Program during the term of this agreement . The Purchaser' s share includes time scheduled for training, vacation, sick leave and holidays based on the terms and condition of the crew leaders AFSCME bargaining agreement . Revised 9/02 4 Authorized Representatives The State's Authorized Representative is Scott Miller, ICWC Supervisor, or his successor. The Purchaser' s Authorized Representative is Bill Olmschenk, Parks Supervisor, City of Eden Prairie, or his successor. 5 Amendments, Waiver, and Contract Complete 5 . 1 Amendments. Any amendment to this contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office . 5 .2 Waiver. If the State fails to enforce any provision of this contract, that failure does not waive the provision or its right to enforce it. - 5 . 3 Contract Complete. This contract contains all negotiations and agreements between the State and the Purchaser. No other understanding regarding this contract, whether written or oral, may be used to bind either party. F 6 Liability : Each party will be responsible for its own acts and behavior and the results thereof The liability of each party is set out respectively in chapter 3 . 736 and Chapter 466 . 04 of the Minnesota Statutes and is subject to the limitations thereof Nothing herein shall be construed to limit either party from asserting against third parties any defenses or immunities (including common law, statutory and constitutional) it may have or be construed to create a basis for a claim or suit when none would otherwise exist. This provision shall survive the termination of this Agreement. 7 Government Data Practices : The Purchaser agrees with respect to any data that it possesses regarding the services purchased under this contract, if applicable, to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time . If the Purchaser receives a request to release the data referred to in this Clause, the Purchaser must immediately notify the State . The State will give the Purchaser instructions concerning the release of the data to the requesting party before the data is required by law to be released , providing however, notwithstanding the instructions the City shall comply with the requirements of the Chapter 13 . 8 Publicity Any publicity regarding the subject matter of this contract must not be released without prior written approval from the State ' s Authorized Representative . 9 Audit Under Minn . Stat . § 16C . 05 , subd . 5 , the Purchaser' s books, records, documents, and accounting procedures and practices relevant to this contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a total of six years . 10 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this contract. Venue for all legal proceedings out of this contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination Either party may terminate this agreement at any time, with or without cause, upon 30 days ' written notice to the other party. - Revised 9/02 1 . PURCHASER The Purchaser certifies that the appropriate person(s) have executed the contract on behalf of the Purchaser as required by applicable articles, bylaws, resolutions, or ordinances. By Title Date By Title Date 2. STATE AGENCY With delegated authority By Title Date 3. Commissioner of Administration As delegated to Materials Management Division By Date Distribution DOC Financial Services Unit — Original (fully executed) contract Purchaser State's Authorized Representative Budget Officer of Authorized Representative Department of Administration — Materials Management Division Revised 9/02 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Rodney W. Rue Adopt Resolution Approving Master VIII. S. Public Works/Engineering Partnership Contract with MnDOT Requested Action Move to: Adopt resolution approving Master Partnership Contract No. 1028133 with MnDOT. Synopsis This contract provides for an expedited process when either MnDOT or the City of Eden Prairie request services to be provided by the other agency. The services provided without a"work order"include routine technical services such as general training, material testing and inspection, traffic signs, concrete and bituminous plant inspections, traffic signal and lighting maintenance, bridge ratings and inspections, traffic counting, guardrail repair and maintenance, and bridge inspection and maintenance. More complex services will require a negotiated"work order"to provide a detailed scope of work and the associated costs. Any services requested or provided during the five (5) year term of this contract will be by mutual agreement by both parties. There is no cost associated with this contract. Future "work orders" are authorized through this contract to be executed by the Director of Public Works or City Engineer. Any future "work orders" over$20,000 will be approved by the City Council. Attachments • Resolution • Master Partnership Contract CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2017- _ APPROVE MASTER PARTNERSHIP CONTRACT WITH MnDOT WHEREAS, the Minnesota Department of Transportation (MnDOT) wishes to cooperate closely with local units of government to coordinate the delivery of transportation services and maximize the efficient delivery of such services at all levels of government; and WHEREAS, MnDOT and local governments are authorized by Minnesota State Statutes Sections 471.59, 174.02, and 161.20 to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and WHEREAS, the parties wish to be able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to write "work orders" against a master contract would provide the greatest speed and flexibility in responding to identified needs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that said Master Partnership Contract No. 1028133 is hereby approved and the Mayor and City Manager are authorized to execute the agreement on behalf of the City of Eden Prairie. BE IT FURTHER RESOLVED that the Director of Public Works or the City Engineer is hereby authorized to negotiate and execute work order contracts pursuant to the Master Contract, which may provide for payment to or from MnDOT without further City Council approval. Any work order over$20,000 will be approved by the City Council. ADOPTED by the Eden Prairie City Council on June 13, 2017. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk 1 DEPARTINENT OF TRANSPORTATION MnDOT Contract Number: 1028133 STATE OF MINNESOTA AND CITY OF EDEN PRAIRIE MASTER PARTNERSHIP CONTRACT This master contract is between the State of Minnesota,acting through its Commissioner of Transportation in this contract referred to as the"State"and the City of Eden Prairie acting through its City Council,in this contract referred to as the "Local Government." Recitals 1. The parties are authorized to enter into this contract pursuant to Minnesota Statutes, §§15.061,471.59 and 174.02. 2. Minn. Stat. § 161.20, subd. 2, authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing,maintaining and improving the trunk highway system. 3. Each party to this contract is a"road authority"as defined by Minn. Stat. §160.02, subd. 25. 4. Minn. Stat. § 161.39, subd. 1, authorizes a road authority to perform work for another road authority. Such work may include providing technical and engineering advice, assistance and supervision, surveying,preparing plans for the construction or reconstruction of roadways, and performing roadway maintenance. 5. Minn. Stat. §174.02, subd. 6, authorizes the Commissioner of Transportation to enter into contracts with other governmental entities for research and experimentation; for sharing facilities,equipment, staff, data, or other means of providing transportation-related services; or for other cooperative programs that promote efficiencies in providing governmental services, or that further development of innovation in transportation for the benefit of the citizens of Minnesota. 6. Each party wishes to occasionally purchase services from the other party,which the parties agree will enhance the efficiency of delivering governmental services at all levels. This Master Partnership Contract(MPC)provides a framework for the efficient handling of such requests. This MPC contains terms generally governing the relationship between the parties. When specific services are requested,the parties will(unless otherwise specified) enter into a"Work Order"contracts. 7. After the execution of this MPC,the parties may(but are not required to)enter into"Work Order"contracts. These Work Orders will specify the work to be done,timelines for completion,and compensation to be paid for the specific work. 8. The parties are entering into this MPC to establish terms that will govern all of the Work Orders subsequently issued under the authority of this Contract. Master Partnership Contract 1. Term of Master Partnership Contract; Use of Work Order Contracts; Survival of Terms 1.1. Effective Date:This contract will be effective on the date last signed by the Local Government, and all State officials as required under Minn. Stat. § 16C.05, subd. 2. 1.2. A party must not accept work under this Contract until it is fully executed. 1.3. Expiration Date. This Contract will expire on June 30,2022. Page 1 of 13 CM Master Partnership Contract(CM Rev.04/10/2017) MnDOT Contract Number: 1028133 1.4. Work Order Contracts. A work order contract must be negotiated and executed(by both the State and the Local Government) for each particular engagement, except for Technical Services provided by the State to the Local Government as specified in Article 2. The work order contract must specify the detailed scope of work and deliverables for that project.A party must not begin work under a work order until the work order is fully executed. The terms of this MPC will apply to all work orders contracts issued,unless specifically varied in the work order. The Local Government understands that this MPC is not a guarantee of any payments or work order assignments, and that payments will only be issued for work actually performed under fully-executed work orders. 1.5. Survival of Terms. The following clauses survive the expiration or cancellation of this master contract and all work order contracts: 12. Liability; 13. State Audits; 14. Government Data Practices and Intellectual Property; 17. Publicity; 18. Governing Law,Jurisdiction,and Venue; and 22. Data Disclosure. All terms of this MPC will survive with respect to any work order contract issued prior to the expiration date of the MPC. 1.6. Sample Work Order. A sample work order contract is available upon request from the State. 1.7. Definition of"Providing Party"and"Requesting Party". For the purpose of assigning certain duties and obligations in the MPC to work order contracts,the following definitions will apply throughout the MPC. "Requesting Party"is defined as the party requesting the other party to perform work under a work order contract. "Providing Party"is defined as the party performing the scope of work under a work order contract. 2. Technical Services 2.1. Technical Services include repetitive low-cost services routinely performed by the State for the Local Government. These services may be performed by the State for the Local Government without the execution of a work order, as these services are provided in accordance with standardized practices and processes and do not require a detailed scope of work. Exhibit A—Table of Technical Services is attached. 2.1.1. Every other service not falling under the services listed in Exhibit A will require a work order contract. 2.2. The Local Government may request the State to perform Technical Services in an informal manner, such as by the use of email, a purchase order,or by delivering materials to a State lab and requesting testing.A request may be made via telephone,but will not be considered accepted unless acknowledged in writing by the State. 2.3. The State will promptly inform the Local Government if the State will be unable to perform the requested Technical Services. Otherwise,the State will perform the Technical Services in accordance with the State's normal processes and practices,including scheduling practices taking into account the availability of State staff and equipment. 2.4. Payment Basis.Unless otherwise agreed to by the parties prior to performance of the services,the State will charge the Local Government the State's then-current rate for performing the Technical Services. The then-current rate may include the State's normal and customary additives. The State will invoice the Local Government upon completion of the services,or at regular intervals not more than once monthly as agreed upon by the parties. The invoice will provide a summary of the Technical Services provided by the State during the invoice period. 3. Services Requiring A Work Order Contract 3.1. Work Order Contracts:A party may request the other party to perform any of the following services under individual work order contracts. Page 2 of 13 CM Master Partnership Contract(CM Rev.04/10/2017) MnDOT Contract Number: 1028133 3.2. Professional and Technical Services. A party may provide professional and technical services upon the request of the other party.As defined by Minn. Stat. §16C.08, subd. 1,professional/technical services "means services that are intellectual in character, including consultation, analysis,evaluation,prediction, planning,programming,or recommendation; and result in the production of a report or completion of a task."Professional and technical services do not include providing supplies or materials except as incidental to performing such services. Professional and technical services include(by way of example and without limitation) engineering services, surveying, foundation recommendations and reports, environmental documentation,right-of-way assistance(such as performing appraisals or providing relocation assistance,but excluding the exercise of the power of eminent domain),geometric layouts, final construction plans,graphic presentations,public relations, and facilitating open houses. A party will normally provide such services with its own personnel; however, a party's professional/technical services may also include hiring and managing outside consultants to perform work provided that a party itself provides active project management for the use of such outside consultants. 3.3. Roadway Maintenance. A party may provide roadway maintenance upon the request of the other party. Roadway maintenance does not include roadway reconstruction. This work may include but is not limited to snow removal,ditch spraying,roadside mowing,bituminous mill and overlay(only small projects), seal coat,bridge hits,major retaining wall failures,major drainage failures, and message painting. All services must be performed by an employee with sufficient skills,training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. 3.4. Construction Administration. A party may administer roadway construction projects upon the request of the other party. Roadway construction includes(by way of example and without limitation)the construction,reconstruction,or rehabilitation of mainline, shoulder,median,pedestrian or bicycle pathway,lighting and signal systems,pavement mill and overlays, seal coating,guardrail installation, and channelization. These services may be performed by the Providing Party's own forces,or the Providing Party may administer outside contracts for such work. Construction administration may include letting and awarding construction contracts for such work(including state projects to be completed in conjunction with local projects). All contract administration services must be performed by an employee with sufficient skills,training, expertise or certification to perform such work. 3.5. Emergency Services. A party may provide aid upon request of the other party in the event of a man-made disaster,natural disaster or other act of God. Emergency services includes all those services as the parties mutually agree are necessary to plan for,prepare for, deal with, and recover from emergency situations. These services include,without limitation,planning, engineering,construction,maintenance, and removal and disposal services related to things such as road closures,traffic control,debris removal, flood protection and mitigation, sign repair, sandbag activities and general cleanup. Work will be performed by an employee with sufficient skills,training, expertise or certification to perform such work, and work must be supervised by a qualified employee of the party performing the work. If it is not feasible to have an executed work order prior to performance of the work,the parties will promptly confer to determine whether work may be commenced without a fully-executed work order in place. If work commences without a fully-executed work order,the parties will follow up with execution of a work order as soon as feasible. 3.6. When a need is identified,the State and the Local Government will discuss the proposed work and the resources needed to perform the work. If a party desires to perform such work,the parties will negotiate the specific and detailed work tasks and cost. The State will then prepare a work order contract. Generally, a work order contract will be limited to one specific project/engagement, although"on call" work orders may be prepared for certain types of services, especially for"Technical Services"items as identified section 2.1.. The work order will also identify specific deliverables required, and timeframes for completing work. A work order must be fully executed by the parties prior to work being commenced. Page 3 of 13 CM Master Partnership Contract(CM Rev.04/10/2017) MnDOT Contract Number: 1028133 The Local Government will not be paid for work performed prior to execution of a work order contract and authorization by the State. 4. Responsibilities of the Providing Party 4.1. Terms Applicable to ALL Work Order Contracts. The terms in this section 4.1 will apply to ALL work order contracts. 4.1.1. Each work order will identify an Authorized Representative for each party. Each party's authorized representative is responsible for administering the work order,and has the authority to make any decisions regarding the work, and to give and receive any notices required or permitted under this MPC or the work order. 4.1.2. The Providing Party will furnish and assign a publicly employed licensed engineer(Project Engineer),to be in responsible charge of the project(s)and to supervise and direct the work to be performed under each work order contract. For services not requiring an engineer,the Providing Party will furnish and assign another responsible employee to be in charge of the project. The services of the Providing Party under a work order contract may not be otherwise assigned, sublet, or transferred unless approved in writing by the Requesting Party's authorized representative. This written consent will in no way relieve the Providing Party from its primary responsibility for the work. 4.1.3. If the Local Government is the Providing Party,the Project Engineer may request in writing specific engineering and/or technical services from the State,pursuant to Minn. Stat. Section 161.39. The work order Contract will require the Local Government to deposit payment in advance. The costs and expenses will include the current State additives and overhead rates, subject to adjustment based on actual direct costs that have been verified by audit. 4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work on a project.Any and all effort, expenses,or actions taken by the Providing Party before the work order contract is fully executed are considered unauthorized and undertaken at the risk of non-payment. 4.1.5. In connection with the performance of this contract and any work orders issued,the Providing Agency will comply with all applicable Federal and State laws and regulations.When the Providing Party is authorized or permitted to award contracts in connection with any work order, the Providing Party will require and cause its contractors and subcontractors to comply with all Federal and State laws and regulations. 4.2. Additional Terms for Roadway Maintenance. The terms of section 4.1 and this section 4.2 will apply to all work orders for Roadway Maintenance. 4.2.1. Unless otherwise provided for by contract or work order,the Providing Party must obtain all permits and sanctions that may be required for the proper and lawful performance of the work. 4.2.2. The Providing Party must perform maintenance in accordance with MnDOT maintenance manuals,policies and operations. 4.2.3. The Providing Party must use State-approved materials, including(by way of example and without limitation), sign posts, sign sheeting, and de-icing and anti-icing chemicals. 4.3. Additional Terms for Construction Administration. The terms of section 4.1 and this section 4.3 will apply to all work order contracts for construction administration. 4.3.1. Contract(s)must be awarded to the lowest responsible bidder or best value proposer in accordance with state law. Page 4 of 13 CM Master Partnership Contract(CM Rev.04/10/2017) MnDOT Contract Number: 1028133 4.3.2. Contractor(s)must be required to post payment and performance bonds in an amount equal to the contract amount. The Providing Party will take all necessary action to make claims against such bonds in the event of any default by the contractor. 4.3.3. Contractor(s)must be required to perform work in accordance with the latest edition of the Minnesota Department of Transportation Standard Specifications for Construction. 4.3.4. For work performed on State right-of-way, contractor(s)must be required to indemnify and hold the State harmless against any loss incurred with respect to the performance of the contracted work, and must be required to provide evidence of insurance coverage commensurate with project risk. 4.3.5. Contractor(s)must pay prevailing wages pursuant to applicable state and federal law. 4.3.6. Contractor(s)must comply with all applicable Federal,and State laws, ordinances and regulations, including but not limited to applicable human rights/anti-discrimination laws and laws concerning the participation of Disadvantaged Business Enterprises in federally-assisted contracts. 4.3.7. Unless otherwise agreed in a work order contract, each party will be responsible for providing rights of way, easement, and construction permits for its portion of the improvements. Each party will,upon the other's request, furnish copies of right of way certificates,easements, and construction permits. 4.3.8. The Providing Party may approve minor changes to the Requesting Party's portion of the project work if such changes do not increase the Requesting Party's cost obligation under the applicable work order contract. 4.3.9. The Providing Party will not approve any contractor claims for additional compensation without the Requesting Party's written approval, and the execution of a proper amendment to the applicable work order contract when necessary. The Local Government will tender the processing and defense of any such claims to the State upon the State's request. 4.3.10. The Local Government must coordinate all trunk highway work affecting any utilities with the State's Utilities Office. 4.3.11. The Providing Party must coordinate all necessary detours with the Requesting Party. 4.3.12. If the Local Government is the Providing Party, and there is work performed on the trunk highway right-of-way,the following will apply: 4.3.12.1 The Local Government will have a permit to perform the work on the trunk highway. The State may revoke this permit if the work is not being performed in a safe,proper and skillful manner,or if the contractor is violating the terms of any law,regulation, or permit applicable to the work. The State will have no liability to the Local Government, or its contractor, if work is suspended or stopped due to any such condition or concern. 4.3.12.2 The Local Government will require its contractor to conduct all traffic control in accordance with the Minnesota Manual on Uniform Traffic Control Devices. 4.3.12.3 The Local Government will require its contractor to comply with the terms of all permits issued for the project including,but not limited to,National Pollutant Discharge Elimination System(NPDES) and other environmental permits. 4.3.12.4 All improvements constructed on the State's right-of-way will become the property of the State. 5. Responsibilities of the Requesting Party Page 5 of 13 CM Master Partnership Contract(CM Rev.04/10/2017) MnDOT Contract Number: 1028133 5.1. After authorizing the Providing Party to begin work,the Requesting Party will furnish any data or material in its possession relating to the project that may be of use to the Providing Party in performing the work. 5.2. All such data furnished to the Providing Party will remain the property of the Requesting Party and will be promptly returned upon the Requesting Party's request or upon the expiration or termination of this contract(subject to data retention requirements of the Minnesota Government Data Practices Act and other applicable law). 5.3. The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party finds any such data to be incorrect or incomplete,the Providing Party will bring the facts to the attention of the Requesting Party before proceeding with the part of the project affected. The Providing Party will investigate the matter, and if it finds that such data is incorrect or incomplete,it will promptly determine a method for furnishing corrected data. Delay in furnishing data will not be considered justification for an adjustment in compensation. 5.4. The State will provide to the Local Government copies of any Trunk Highway fund clauses to be included in the bid solicitation and will provide any required Trunk Highway fund provisions to be included in the Proposal for Highway Construction,that are different from those required for State Aid construction. 5.5. The Requesting Party will perform final reviews and inspections of its portion of the project work. If the work is found to have been completed in accordance with the work order contract,the Requesting Party will promptly release any remaining funds due the Providing Party for the Project(s). 5.6. The work order contracts may include additional responsibilities to be completed by the Requesting Party. 6. Time In the performance of project work under a work order contract, time is of the essence. 7. Consideration and Payment 7.1. Consideration. The Requesting Party will pay the Providing Party as specified in the work order. The State's normal and customary additives will apply to work performed by the State,unless otherwise specified in the work order. The State's normal and customary additives will not apply if the parties agree to a"lump sum"or"unit rate"payment. 7.2. State's Maximum Obligation. The total compensation to be paid by the State to the Local Government under all work order contracts issued pursuant to this MPC will not exceed$500,000.00. 7.3. Travel Expenses. It is anticipated that all travel expenses will be included in the base cost of the Providing Party's services,and unless otherwise specifically set forth in an applicable work order contract,the Providing Party will not be separately reimbursed for travel and subsistence expenses incurred by the Providing Party in performing any work order contract. In those cases where the State agrees to reimburse travel expenses, such expenses will be reimbursed in the same manner and in no greater amount than provided in the current "MnDOT Travel Regulations"a copy of which is on file with and available from the MnDOT District Office. The Local Government will not be reimbursed for travel and subsistence expenses incurred outside of Minnesota unless it has received the State's prior written approval for such travel. 7.4. Payment. 7.4.1. Generally. The Requesting Party will pay the Providing Party as specified in the applicable work order, and will make prompt payment in accordance with Minnesota law. 7.4.2. Payment by the Local Government. Page 6 of 13 CM Master Partnership Contract(CM Rev.04/10/2017) MnDOT Contract Number: 1028133 7.4.2.1. The Local Government will make payment to the order of the Commissioner of Transportation. 7.4.2.2. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE "MNDOT CONTRACT NUMBER" SHOWN ON THE FACE PAGE OF THIS CONTRACT AND THE "INVOICE NUMBER" ON THE INVOICE RECEIVED FROM MNDOT. 7.4.2.3. Remit payment to the address below: MnDOT Attn: Cash Accounting RE: MnDOT Contract Number 1028133 and Invoice Number###### Mail Stop 215 395 John Ireland Blvd St. Paul,MN 55155 7.4.3. Payment by the State. 7.4.3.1. Generally. The State will promptly pay the Local Government after the Local Government presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted as specified in the applicable work order,but no more frequently than monthly. 7.4.3.2.Retainage for Professional and Technical Services. For work orders for professional and technical services, as required by Minn. Stat. § 16C.08, subd. 2(10),no more than 90 percent of the amount due under any work order contract may be paid until the final product of the work order contract has been reviewed by the State's authorized representative. The balance due will be paid when the State's authorized representative determines that the Local Government has satisfactorily fulfilled all the terms of the work order contract. 8. Conditions of Payment All work performed by the Providing Party under a work order contract must be performed to the Requesting Party's satisfaction, as determined at the sole and reasonable discretion of the Requesting Party's Authorized Representative and in accordance with all applicable federal and state laws,rules,and regulations. The Providing Party will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal or state law. 9. Local Government's Authorized Representative and Project Manager; Authority to Execute Work Order Contracts 9.1. The Local Government's Authorized Representative for administering this master contract is the Local Government's Engineer, and the Engineer has the responsibility to monitor the Local Government's performance. The Local Government's Authorized Representative is also authorized to execute work order contracts on behalf of the Local Government without approval of each proposed work order contract by its governing body. 9.2. The Local Government's Project Manager will be identified in each work order contract. 10. State's Authorized Representative and Project Manager 10.1. The State's Authorized Representative for this master contract is the District State Aid Engineer,who has the responsibility to monitor the State's performance. 10.2. The State's Project Manager will be identified in each work order contract. Page 7 of 13 CM Master Partnership Contract(CM Rev.04/10/2017) MnDOT Contract Number: 1028133 11. Assignment,Amendments,Waiver,and Contract Complete 11.1. Assignment. Neither party may assign or transfer any rights or obligations under this MPC or any work order contract without the prior consent of the other and a fully executed Assignment Contract, executed and approved by the same parties who executed and approved this MPC, or their successors in office. 11.2. Amendments. Any amendment to this master contract or any work order contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office. 11.3. Waiver. If a party fails to enforce any provision of this master contract or any work order contract,that failure does not waive the provision or the party's right to subsequently enforce it. 11.4. Contract Complete. This master contract and any work order contract contain all negotiations and contracts between the State and the Local Government.No other understanding regarding this master contract or any work order contract issued hereunder,whether written or oral may be used to bind either party. 12. Liability. Each party will be responsible for its own acts and omissions to the extent provided by law. The Local Government's liability is governed by Minn. Stat. chapter 466 and other applicable law. The State's liability is governed by Minn. Stat. section 3.736 and other applicable law. This clause will not be construed to bar any legal remedies a party may have for the other party's failure to fulfill its obligations under this master contract or any work order contract.Neither party agrees to assume any environmental liability on behalf of the other party. A Providing Party under any work order is acting only as a"Contractor"to the Requesting Party, as the term "Contractor"is defined in Minn. Stat. §115B.03 (subd. 10), and is entitled to the protections afforded to a "Contractor"by the Minnesota Environmental Response and Liability Act. The parties specifically intend that Minn. Stat. §471.59 subd. la will apply to any work undertaken under this MPC and any work order issued hereunder. 13. State Audits Under Minn. Stat. § 16C.05, subd. 5,the party's books,records,documents,and accounting procedures and practices relevant to any work order contract are subject to examination by the parties and by the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this MPC. 14. Government Data Practices and Intellectual Property 14.1. Government Data Practices. The Local Government and State must comply with the Minnesota Government Data Practices Act,Minn. Stat. Ch. 13, as it applies to all data provided by the State under this MPC and any work order contract, and as it applies to all data created,collected,received, stored, used,maintained, or disseminated by the Local Government under this MPC and any work order contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Local Government or the State. 14.2. Intellectual Property Rights 14.2.1. Intellectual Property Rights. The Requesting Party will own all rights,title, and interest in all of the intellectual property rights,including copyrights,patents,trade secrets,trademarks, and service marks in the Works and Documents created and paid for under work order contracts. Works means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs,reports,notes, studies,photographs,negatives,designs, drawings, specifications,materials,tapes, and disks conceived,reduced to practice, created or originated by the Providing Party, its employees, agents, and subcontractors,either individually or jointly with others in the performance of this master contract or any work order contract.Works includes "Documents."Documents are the originals of any databases,computer programs,reports,notes, Page 8 of 13 CM Master Partnership Contract(CM Rev.04/10/2017) MnDOT Contract Number: 1028133 studies,photographs,negatives, designs,drawings, specifications,materials,tapes,disks,or other materials,whether in tangible or electronic forms,prepared by the Providing Party, its employees, agents,or contractors, in the performance of a work order contract. The Documents will be the exclusive property of the Requesting Party and all such Documents must be immediately returned to the Requesting Party by the Providing Party upon completion or cancellation of the work order contract. To the extent possible,those Works eligible for copyright protection under the United States Copyright Act will be deemed to be"works made for hire."The Providing Party Government assigns all right,title,and interest it may have in the Works and the Documents to the Requesting Party. The Providing Party must, at the request of the Requesting Party, execute all papers and perform all other acts necessary to transfer or record the Requesting Party's ownership interest in the Works and Documents.Notwithstanding the foregoing,the Requesting Party grants the Providing Party an irrevocable and royalty-free license to use such intellectual property for its own non-commercial purposes,including dissemination to political subdivisions of the state of Minnesota and to transportation-related agencies such as the American Association of State Highway and Transportation Officials. 14.2.2. Obligations with Respect to Intellectual Property. 14.2.2.1. Notification. Whenever any invention, improvement, or discovery(whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Providing Party, including its employees and subcontractors,in the performance of the work order contract,the Providing Party will immediately give the Requesting Party's Authorized Representative written notice thereof, and must promptly furnish the Authorized Representative with complete information and/or disclosure thereon. 14.2.2.2. Representation. The Providing Party must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the Works and Documents are the sole property of the Requesting Party, and that neither Providing Party nor its employees, agents or contractors retain any interest in and to the Works and Documents. 15. Affirmative Action The State intends to carry out its responsibility for requiring affirmative action by its Contractors,pursuant to Minn. Stat. §363A.36. Pursuant to that Statute,the Local Government is encouraged to prepare and implement an affirmative action plan for the employment of minority persons,women, and the qualified disabled, and submit such plan to the Commissioner of the Minnesota Department of Human Rights. In addition,when the Local Government lets a contract for the performance of work under a work order issued pursuant to this MPC, it must include the following in the bid or proposal solicitation and any contracts awarded as a result thereof: 15.1. Covered Contracts and Contractors.If the Contract exceeds $100,000 and the Contractor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principle place of business,then the Contractor must comply with the requirements of Minn. Stat. § 363A.36 and Minn.R. Parts 5000.3400-5000.3600.A Contractor covered by Minn. Stat. § 363A.36 because it employed more than 40 full-time employees in another state and does not have a certificate of compliance,must certify that it is in compliance with federal affirmative action requirements. 15.2. Minn.Stat §363A.36. Minn. Stat. § 363A.36 requires the Contractor to have an affirmative action plan for the employment of minority persons,women, and qualified disabled individuals approved by the Minnesota Commissioner of Human Rights("Commissioner")as indicated by a certificate of compliance. The law addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. 15.3. Minn.R. Parts 5000.3400-5000.3600. Page 9 of 13 CM Master Partnership Contract(CM Rev.04/10/2017) MnDOT Contract Number: 1028133 15.3.1. General. Minn. R. Parts 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules include,but are not limited to,criteria for contents, approval, and implementation of affirmative action plans;procedures for issuing certificates of compliance and criteria for determining a contractor's compliance status;procedures for addressing deficiencies, sanctions,and notice and hearing; annual compliance reports;procedures for compliance review; and contract consequences for non-compliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. Parts 5000.3400-5000.3600 including, but not limited to,parts 5000.3420-5000.3500 and 5000.3552-5000.3559. 15.3.2. Disabled Workers. The Contractor must comply with the following affirmative action requirements for disabled workers: 15.3.2.1. The Contractor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment,upgrading, demotion or transfer,recruitment, advertising,layoff or termination,rates of pay or other forms of compensation, and selection for training,including apprenticeship. 15.3.2.2. The Contractor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 15.3.2.3. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. Section 363A.36, and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. 15.3.2.4. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment,notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. 15.3.2.5. The Contractor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding,that the Contractor is bound by the terms of Minn. Stat. Section 363A.36, of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. 15.3.3. Consequences. The consequences for the Contractor's failure to implement its affirmative action plan or make a good faith effort to do so include,but are not limited to, suspension or revocation of a certificate of compliance by the Commissioner,refusal by the Commissioner to approve subsequent plans,and termination of all or part of this contract by the Commissioner or the State. 15.3.4. Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600 and is aware of the consequences for noncompliance. 16. Workers' Compensation Each party will be responsible for its own employees for any workers compensation claims. This MPC, and any work order contracts issued hereunder, are not intended to constitute an interchange of government employees under Minn. Stat. §15.53. To the extent that this MPC, or any work order issued hereunder,is determined to be Page 10 of 13 CM Master Partnership Contract(CM Rev.04/10/2017) MnDOT Contract Number: 1028133 subject to Minn. Stat. §15.53, such statute will control to the extent of any conflict between the contract and the statute. 17. Publicity 17.1. Publicity. Any publicity regarding the subject matter of a work order contract where the State is the Requesting Party must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative.For purposes of this provision,publicity includes notices,informational pamphlets,press releases,research,reports, signs, and similar public notices prepared by or for the Local Government individually or jointly with others,or any subcontractors,with respect to the program,publications,or services provided resulting from a work order contract. 17.2. Data Practices Act. Section 17.1 is not intended to override the Local Government's responsibilities under the Minnesota Government Data Practices Act. 18. Governing Law,Jurisdiction, and Venue Minnesota law,without regard to its choice-of-law provisions, governs this master contract and all work order contracts.Venue for all legal proceedings out of this master contract or any work order contracts, or the breach of any such contracts,must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,Minnesota. 19. Prompt Payment; Payment to Subcontractors The parties must make prompt payment of their obligations in accordance with applicable law. As required by Minn. Stat. § 16A.1245,when the Local Government lets a contract for work pursuant to any work order,the Local Government must require its contractor to pay all subcontractors, less any retainage,within 10 calendar days of the prime contractor's receipt of payment from the Local Government for undisputed services provided by the subcontractor(s)and must pay interest at the rate of one and one-half percent per month or any part of a month to the subcontractor(s)on any undisputed amount not paid on time to the subcontractor(s). 20. Minn. Stat.§ 181.59.The Local Government will comply with the provisions of Minn. Stat. § 181.59 which requires: Every contract for or on behalf of the state of Minnesota,or any county, city,town,township, school, school district, or any other district in the state, for materials, supplies,or construction shall contain provisions by which the Contractor agrees: (1)That,in the hiring of common or skilled labor for the performance of any work under any contract,or any subcontract,no contractor,material supplier, or vendor, shall,by reason of race,creed, or color,discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2)That no contractor,material supplier, or vendor, shall, in any manner, discriminate against,or intimidate,or prevent the employment of any person or persons identified in clause (1)of this section, or on being hired,prevent,or conspire to prevent,the person or persons from the performance of work under any contract on account of race,creed,or color; (3)That a violation of this section is a misdemeanor; and(4)That this contract may be canceled or terminated by the state, county, city,town, school board, or any other person authorized to grant the contracts for employment,and all money due,or to become due under the contract,may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 21. Termination; Suspension 21.1. Termination by the State for Convenience. The State or commissioner of Administration may cancel this MPC and any work order contracts at any time,with or without cause,upon 30 days written notice to the Local Government. Upon termination,the Local Government and the State will be entitled to payment, determined on a pro rata basis,for services satisfactorily performed. 21.2. Termination by the Local Government for Convenience. The Local Government may cancel this MPC and any work order contracts at any time,with or without cause,upon 30 days written notice to the State. Page 11 of 13 CM Master Partnership Contract(CM Rev.04/10/2017) MnDOT Contract Number: 1028133 Upon termination,the Local Government and the State will be entitled to payment, determined on a pro rata basis,for services satisfactorily performed. 21.3. Termination for Insufficient Funding. The State may immediately terminate or suspend this MPC and any work order contract if it does not obtain funding from the Minnesota legislature or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination or suspension must be by written or fax notice to the Local Government. The State is not obligated to pay for any services that are provided after notice and effective date of termination or suspension.However,the Local Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available.The State will not be assessed any penalty if the master contract or work order is terminated because of the decision of the Minnesota legislature or other funding source,not to appropriate funds. The State must provide the Local Government notice of the lack of funding within a reasonable time of the State's receiving that notice. 22. Data Disclosure Under Minn. Stat. §270C.65, subd. 3, and other applicable law,the Local Government consents to disclosure of its federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State,to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Local Government to file state tax returns and pay delinquent state tax liabilities,if any. 23. Defense of Claims and Lawsuits If any lawsuit or claim is filed by a third party(including but not limited to the Local Government's contractors and subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under this MPC,the Local Government will,at the discretion of and upon the request of the State,tender the defense of such claims to the State or allow the State to participate in the defense of such claims. The Local Government will, however,be solely responsible for defending any lawsuit or claim, or any portion thereof,when the claim or cause of action asserted is based on its own acts or omissions in performing or supervising the work. The Local Government will not purport to represent the State in any litigation, settlement, or alternative dispute resolution process. The State will not be responsible for any judgment entered against the Local Government, and will not be bound by the terms of any settlement entered into by the Local Government except with the written approval of the Attorney General and the Commissioner of Transportation and pursuant to applicable law. 24. Additional Provisions [The balance of this page has intentionally been left blank—signature page follows] Page 12 of 13 CM Master Partnership Contract(CM Rev.04/10/2017) MnDOT Contract Number: 1028133 LOCAL GOVERNMENT COMMISSIONER OF TRANSPORTATION The Local Government certifies that the appropriate person(s)have executed the contract on behalf of the Local Government as required by applicable ordinance,resolution,or charter provision. By: By: (with delegated authority) Title: Title Assistant Commissioner or Assistant Division Director Date: Date: COMMISSIONER OF ADMINISTRATION By: As delegated to Materials Management Division Title By: Date: Date: Page 13 of 13 CM Master Partnership Contract(CM Rev.04/10/2017) Page 1 of 4 MPC Program FY 2017-2022 Date: 04/20/2017 Exhibit A-Table of Tech Sery Used with TA98 Project IDs If a source code is not on this list,a work order is needed. Source d nde Title 411111, 1)ecerintio 0032 Business Unit Management All expenses of business/office managers for general management and administration of support functions. includes administering central facilities maintenance and facilities capital budgets. 0152 Support Services Work that supports general office management, system management such as entering data into SWIFT,PPMS,PUMA and other MnDOT systems,attending staff meetings and other indirect support activities. 0400 Equipment Calibration-Mat Insp Use when performing periodic equipment calibration for equipment used in the materials lab or on construction projects. 0600 General Training Attended All costs(time,registration,materials,travel expenses,etc.)for attending or participating informal or informal training,including conferences that primarily provide training. 111 Soils/Foundation Field/Laboratory Tests All laboratory testing necessary to provide geotechnical information to complete roadway soils recommendations and approvals for use in the development of Final Design Plans and Special Provisions.Lab work includes R-value,resilient modulus, soil classification,gradation,proctor testing,unconfined compression,consolidation,direct simple shear,direct sheer,permeability and triaxial tests. 1312 Tech Assist-Outside MnDOT Use when providing technical assistance to an organization external to MnDOT. 1421 Bridge Management System Use for tasks related to the Bridge Management System,including operations,administration,or data entry. Operation/Administration/Data 1434 Structural Metals Inspection-Non DOT Reviewing shop drawings furnished by suppliers,fabricators,and contractors(working drawing or calculations),and for tasks related to structural metals inspection(materials surveys,physical and chemical laboratory testing,material inspection and engineering,and technical services in the field and offices)for local agency projects. 1501 Traffic Management System(TMS) Used by traffic operations staff for all tasks that support the RTMC's operations center(or TOCC)providing traveler information, managing incidents and monitoring the FMS.Includes dynamic message sign maintenance,ramp meter maintenance,camera maintenance,and loop detection activities.Includes maintenance activities related to any ITS or TMS device such as RTMC cables, monitor wall, switchers,routers,or modems.Use to record all costs for maintenance activities related to traffic management fiber optics.Use for tasks related to maintaining traffic operations software including minor software enhancements and fixes.Use when providing traffic operations technical assistance external to MnDOT. 1513 Traffic Management System(TMS) For tasks associated with the incorporation of new and existing TMS devices(cameras,loops,DMS,and other ITS devices)into Integration existing infrastructure to ensure proper operation.Use with the Construction/Program Delivery Appropriation. 1520 Pavement Management System For tasks related to the operation of the pavement management system,including development and maintenance/technical support. Includes tasks to meet needs external to MnDOT. 1716 Record Sampling Used by Materials and Research Section and district materials staff to verify inspector" sampling and testing procedures and checking inspectors'equipment during project construction as required by FHWA.Use when performing field tests on split sample. 1721 Traffic Sign Work Orders Use for work involved in preparing work orders for traffic signs.Use only with Maintenance Operations appropriation(T790081). If a source code is not on this list,a work order is needed. Page 2 of 4 MPC Program FY 2017-2022 Date: 04/20/2017 Exhibit A-Table of Tech Sery Used with TA98 Project IDs If a source code is not on this list,a work order is needed. Source 1732 Material Testing&Inspection Performing construction phase and research physical and chemical laboratory testing,and related technical services in the districts and central labs,and for performing research and construction phase non-destructive testing materials surveys,and related technical services in the field and offices.Includes detour surveys.Non-destructive tests include, skid resistance and falling weight deflectometer(FWD)testing. 1733 Concrete Plant Inspections Performing QA/QC physical testing at the plant;sampling and transporting of materials from the plant to the lab for lab testing,plant reviews,and operations;investigating plant discrepancies;and other technical services in the plant or office associated with stationary concrete plants or mobile concrete paving plant inspection. 1734 Construction Materials Inspections Performing construction phase material inspection and engineering,for structural steel,precast and pre-stressed concrete, reinforcement steel,and electrical products and related technical services in the field and office for materials to be used in multiple projects.Includes travel time,sampling,and sample delivery.Includes tasks related to reviewing shop drawings furnished by suppliers or fabricators and contractor working drawings or calculations,and for tasks related to structural metals inspection (materials surveys,physical and chemical laboratory testing,material inspection and engineering,and technical services in the field and offices). 1735 Bituminous Plant Inspection Performing QA/QC physical testing at the plant;sampling and transporting of materials from the plant to the lab for lab testing,plant reviews,and operations;investigating plant discrepancies;and other technical services in the plant or office associated with bituminous plant inspection. 1738 State Project-Specific Materials Performing material inspection for materials designated for a specific construction project(SP). Generally applies to inspection of Inspection such things as structural steel,prestressed concrete items,and most precast concrete items and for SP specific tasks related to structural metals inspection(materials surveys,physical and chemical laboratory testing,material inspection and engineering and technical services in the field and offices). 1800 Field Inspection Occasional construction project field inspection(not cyclical inspection of assets);Includes field inspection of materials such as gradations,densities/DCP,proctors,compaction,slump tests,and field air testsand collecting and transporting samples for lab tests, but not the actual laboratory verifications. 1870 Traffic Signal Maintenance This work will not substitute for or alter existing cooperative construction agreements or traffic signal maintenance agreements. Work related to the occasional repair and replacement of traffic signal system structures and all electrical maintenance for traffic signal systems including electrical power,labor,equipment materials,GSOC locates,traffic control and responses to public inquiries. 1871 Lighting Maintenance&Utilities All work related to installing,maintaining,restoring,or removing highway lighting systems and fixtures.Includes repairing, maintaining,or replacing supports necessary for roadway lighting luminaries.Includes patrol highway lighting,inspect lighting structures,electrical service for highway lighting,re-lamping,pump stations,anti-icing systems,truck roll-over warning systems and electrical repairs.Includes traffic control in support of roadway lighting activities.Use for tasks related to public inquiries/complaints,review utility billings,provide data,and conduct field reviews. 1875 Locate One Call Finding and marking locations of buried conduit,cables,hand holes,loops,etc.in order to maintain or repair the traffic management system,signal systems,or roadway lighting systems. If a source code is not on this list,a work order is needed. Page 3 of 4 MPC Program FY 2017-2022 Date: 04/20/2017 Exhibit A-Table of Tech Sery Used with TA98 Project IDs If a source code is not on this list,a work order is needed. Source rode Title 41111ML i)ecerintin 1876 Traffic Counting Use to record labor,equipment usage,and material costs for activities related to traffic counts made for statewide traffic monitoring or traffic operations.Includes all activities related to traffic counting,such as taking requests,assigning priorities,collecting field data,processing data,and developing new techniques for collection. 2102 Patching Related source type codes: 2103-Heavy patching,2104-Bituminous paving,2105-Blow patching 2142 Overhead Sign Panel Maintenance Work related to the repair and replacement of overhead sign panels,extruded sign panels mounted on I-beams,and overhead sign structures.Includes related cable locates and traffic control.Does not include structural work. 2210 Guardrail-Install/Repair/Maintenance Install,repair,or maintain low tension cable,plate beams,and end treatments;cable tension adjustments;and reflector replacement. includes related traffic control. 2222 Sign/Delineation/Marker Repair Replacing,repairing,and washing signs(including temporary stop signs).Includes re-sequencing intersection signing and repair/replace overhead and extrude signs mounted on I-beams.Includes related cable locates and traffic control. 2316 Brush&Tree Removal Maintaining,watering,trimming,and removing highway right of way tree and brush.Includes chipping of tree limbs and stump removal/grinding.Includes related traffic control. 2624 Indirect Expense Indirect shop expenses and shop equipment.Allocate to mobile equipment. 2629 Supplies&Small Tools Shop tools, small equipment,and supplies that cannot be directly charged to a mobile equipment unit. 2819 Bridge Curb,Walk And Railing Repairing and maintaining bridge curb,walk,rail,coping,and fencing connected to the rail.Includes glare screen and median barriers on bridges.Includes related traffic control. 2820 Bridge Deck Work associated with bridge deck and slab repair regardless of removal depth or type of material used for patching.Includes deck or slab overlays and replacements and underside deck delamination.Includes related traffic control. 2822 Miscellaneous Bridge Maintenance This source code does not include replacement or major repair.Miscellaneous maintenance tasks performed on a specific bridge or structure not covered by other source codes.Includes minor repairs and simple fixes on items such as stairways,drains,fencing,light bases,transient guards,and access doors.Includes transient removal,ordering materials,and picking up equipment.Includes related traffic control. 2824 Bridge Inspection-Non-Federal All tasks related to inventory,inspection,and load capacity rating work done on trunk highway bridges to meet the requirements of the National Bridge Inspection System and/or Minnesota Bridge Safety Inspection Program or for billing to local governments. Includes related inspection reports and deck condition surveys. 2827 Bridge Expansion,Relief Joints All maintenance tasks associated with bridge expansion joints,except joint reestablishment.Includes tightening expansion device bolts and replacing seal glands.Includes related traffic control. 2828 Bridge Inspection-Federal Fund All bridge inspection tasks for non-MnDOT bridges funded by the federal Fracture-Critical Bridge Program(Project Code will begin with TSL and with the local bridge number).Includes related inspection reports.For MnDOT Trunk Highway bridges(Project Code begins with TSO followed by the bridge number)and local and Depai talent of Natural Resources(DNR)(bridge number begins with 9A follow by bridge number)bridge inspections to be billed to the local government or Department of Natural Resources(DNR)use Source Code 2824. If a source code is not on this list,a work order is needed. Page 4 of 4 MPC Program FY 2017-2022 Date: 04/20/2017 Exhibit A-Table of Tech Sery Used with TA98 Project IDs If a source code is not on this list,a work order is needed. Source rode Title 4111111MI i)ecerintin 2829 Bridge Superstructure All tasks to repair any bridge component above the bridge seat that is not included in other source codes.Includes repairs to all types of bridge superstructure elements such as girders,beams,floor beams,trusses, stringers,t-beams,precast channels,and box girders. Includes related traffic control. 2830 Bridge Bearing Assemblies All tasks related to the repair and maintenance of fixed or expansion-bearing assemblies on bridges.Includes related traffic 2834 Waterway Maintenance All tasks related to waterway maintenance for deck bridges.Includes debris removal,waterway cleanup,channel repair,and channel protection repair that is not part of slope protection.Includes related traffic control. 2838 Bridge Deck Crack Sealing All tasks related to deck crack sealing.Includes related traffic control. 2863 Traffic Signal Inspection Work related to cyclical structural and electrical inspection and preventive maintenance checks of traffic signal systems/structures. Includes labor,equipment,materials,and traffic control. 3000 Class Of Frequency Coordination Use for frequency coordination done with APCO,AASHTO or FCCA. 3002 Radio/Electronic Infrastructure Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications systems (includes mobile radios,portable radios,base stations,console workstations,recorders,etc.).Non-MnDOT equipment-Must use Project number assigned to requesting agency;Department of Public Safety(DPS)includes State Patrol(SP)Bureau of Criminal Apprehension(BCA),Fire Marshall);does not include Department of Natural Resources(DNR). See OSRC Project 3005 Radio-Mobile Equipment Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications systems (includes mobile radios,portable radios,base stations,console workstations,recorders,etc.).Non-MnDOT equipment-Must use Project number assigned to requesting agency(State Patrol,DNR,BCA,Fire Marshall). See OSRC Project Code list. 3009 Radio/Electronic System Upgrade& Use for the installation and other services needed to provide major system upgrades or improvements to wireless or electronic Installation systems.Use for all work performed to correct or repair deficiencies found in a new installation. 3025 Tower/Building Maintenance Use for all tasks related to the maintenance of a tower building or site.Includes towers,buildings,generators,LP system,fencing, landscaping,grounding,ice bridge,cable management,climbing ladders,card key systems,and HVAC. 3027 Radio Programming Creating or modifying radio frequency programs and programming mobile and portable radios.Does not include mobile radios used as fixed base radios as part of the Inter-OP System(Use 3009). 3049 On Call Electronic Communications To be used by Statewide Radio Communications personnel to record on-call time. Infrastructure Maintenance If a source code is not on this list,a work order is needed. CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C.# 13-5843 ITEM NO.: Leslie Stowing Approve submittal of the Annual Report to the VIII. T. Engineering/Environmental MPCA for the Phase II NPDES Storm Water Permit Program Requested Action Move to: Approve submittal of the Annual Report to the Minnesota Pollution Control Agency for the Phase II NPDES Storm Water Permit Program Synopsis The City of Eden Prairie is required to submit an Annual Report to the Minnesota Pollution Control Agency(MPCA) documenting how the City progressed on the Best Management Practices (BMPs) outlined in our Storm Water Pollution Prevention Plan(SWPPP). Background Information The City's Phase II NPDES Permit was renewed in 2013. The City's application included a SWPPP Document with a set of Best Management Practices (BMPs) which the City must undertake to assist in improving water quality within the City. The Annual Report provides the MPCA with the actions that the City took during the previous year to meet the goals outlined in our BMPs. The MPCA has switched to an online reporting mechanism for the annual reports. There are a large variety of actions the city must take to meet their obligations under the stormwater permit program. Actions taken in 2016 to meet these objectives included items such as: • Annual Public Meeting — The annual meeting to present the 2016 information was held on March 18, 2017, during the Chamber of Commerce Home, Landscape & Garden Expo. It is estimated that approximately 1,500 visitors attended the event. • Chamber of Commerce Home, Landscape & Garden Expo — Worked with the Chamber to add environmental messages to the Expo. The City sponsored a children's activity area as a way to add these messages to the event. Over 250 kids stopped at the children's activity area. The City helped advertise the event by inserting a flyer in the January, February and March utility bills. • Citizen Assisted Monitoring Program — Volunteers monitored water quality in Duck, Mitchell, Red Rock and Riley Lakes. The program is provided by the Metropolitan Council. • City Clean Up Day—Approximately 1,400 residents attended and dropped off 156 tons of trash plus yard waste, the most since 2010. • Conservation Commission — The Commission held a number of discussions on topics such as the Local Water Management Plan Update; planning for the Annual Meeting, the Chamber Expo and the Green Fair; and regulatory updates for the stormwater permit program. • Environmental Learning Center—Twenty classes or groups toured the Center, or approximately 156 students plus teachers and volunteers. • Living Green Newsletter— The Living Green newsletter was provided as an insert in the Life in the Prairie newsletter in June and December, which is mailed to city residents. Articles were provided in a range of topics, including the annual drinking water report, recycling, watershed monitoring efforts, aquatic invasive species, and actions to take to improve water quality. • Lake Projects —Worked continued with the Riley-Purgatory-Bluff Creek Watershed District to manage carp in Staring Lake. The District also provided a grant to implement a watercraft inspection program on city lakes with boat landings. • Metro Children's Water Festival — Participated in this annual educational festival which provides educational opportunities to approximately 1,500 fifth grade students on one day in September. The Festival is designed to provide students with hands-on opportunities to learn about water and its importance to people and the natural environment. • Municipal Cities Stormwater Coalition — Participated in a coalition that was formed by the League of Minnesota Cities that includes cities that are required to have a Stormwater Permit. This group provides information and assistance to cities on items such as annual report requirements, upcoming legislative changes and general information on the stormwater permit program and how it impacts city programs. • Seminars — Worked with the University of Minnesota Extension, Riley-Purgatory-Bluff Creek and the Nine Mile Creek Watershed Districts to provide seminars on Urban Lakes, groundwater vulnerability and landscaping for water quality. • Stormwater Inspections — Inspected 85 water bodies (including ponds, wetlands, infiltration basins and creek segments); 145 water body inlets; and 700 stormwater sumps. • Stormwater U— Three city staff provided classroom instruction for a new certification program offered by the University of Minnesota Extension on stormwater maintenance practices and 4 employees received their certification. This program was jointly developed with city staff from Eden Prairie and others. • Street Sweeping—All City streets are swept at a minimum of once annually. • Water Quality Rebates — Provided 4 rebates for infiltration projects (such as raingardens), pervious surfaces and 8 shoreland restoration projects for a total of$12,106. • Wetland Health Evaluation Program — 11 volunteers monitored 4 wetlands for a total of 45 volunteer hours. Attachment Annual Report Form MS4 Annual Report for 2016 4.011111 Minnesota Pollution Control Agency You are currently logged in as: Eden Prairie City MS4 If this is correct, click the 'Next' button. If this information is incorrect, contact Cole Landgraf (651-757-2880, cole.landgraf@state.mn.us) or Megan Handt (megan.handt@state.mn.us, 651-757-2843). Before you begin... A fillable Microsoft Word document with all of the questions is available at https://www.pca.state.mn.us/sites/default/files/wq-strm4-06a.doc (for personal use only, not for submittal). The MS4 Annual Report for 2016 will automatically save your answers when you hit the `Next' button at the bottom of each page. If you wish to leave the MS4 Annual Report for 2016 and complete the document at another time, you may do so by clicking `Next' at the bottom of your current page to save your progress before exiting the document. Return to the survey by following the previously used web link, and again login using your email and assigned password credentials. Once you successfully log in, your previous answers will appear. The MPCA will email a PDF of your MS4 Annual Report for 2016 information to you in a confirmation email within three business days after you submit this form. You may print a copy of the MS4 Annual Report for 2016 for your records at any time by pressing the `Print' button at the bottom of the page. Additionally, it is possible to save a PDF copy of the MS4 Annual Report for 2016 if you are working on a computer with OneNote (a program often included in Microsoft Office packages). Detailed saving instructions are available at stormwater.pca.state.mn.us/index.php/Guidance_for_saving_MS4_annual_reports. https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746 D707 5 3 67 86965 31313... 6/5/2017 MS4 Annual Report for 2016 MS4 Annual Report for 2016 Reporting period: January 1 , 2016 to December 31 , 2016 Due: June 30, 2017 Instructions: Complete this annual report to provide a summary of your activities under the 2013 MS4 Permit (Permit) between January 1 , 2016 and December 31 , 2016. MPCA staff may contact you for additional information. Fillable document available at https://www.pca.state.mn.us/sites/default/files/wq- strm4-06a.doc (for personal use only, not for submittal). Questions: Contact Cole Landgraf (cole.landgraf@state.mn.us, 651-757-2880) or Megan Handt (megan.handt@state.mn.us, 651-757-2843) MS4 General Contact Information Full name Leslie A Stovring Title Environmental Coordinator Mailing 8080 Mitchell Road address City Eden Prairie State MN Zip code 55344 Phone 952-949-8327 Email lstovring@edenprairie.org Preparer Contact Information (if different from the MS4 General Contact) Full name Title Organization Mailing address City State Zip code Phone Email https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746 D707 5 3 67 86965 31313... 6/5/2017 MS4 Annual Report for 2016 MCM 1 : Public Education and Outreach The following questions refer to Part III.D.1 . of the Permit. Q2 Did you select a stormwater-related issue of high priority to be emphasized during this Permit term? [Part III.D.1 .a.(1)] OO Yes O No Q3 What is your stormwater-related issue(s)? Check all that apply. ❑ TMDL(s) ❑ Local businesses ❑ Residential BMPs ❑ Pet waste ❑ Yard waste ❑./ Deicing materials ❑ Household chemicals ❑ Construction activities ❑ Post-construction activities ❑./ Other Describe: Reporting of environmental issues such as illicit discharges through See Click Fix and Adopt a Storm Drain were two issues that we focused on in 2016. Q4 Have you distributed educational materials or equivalent outreach to the public focused on illicit discharge recognition and reporting? [Part III.D.1.a.(2)] Q Yes O No Q5 Do you have an implementation plan as required by the Permit? [Part III.D.1 .b.] O Yes O No Q6 How did you distribute educational materials or equivalent outreach? Check all that apply and provide circulation/audience associated with each item. [Part III.D.1.a.] ❑d Brochure ❑./ Newsletter ❑./ Utility bill insert ❑ Newspaper ad ❑ Radio ad ❑ Television ad ❑ Cable access channel ❑./ Stormwater-related event http s://survey.mn.gov/si am/surveyl anding/printervi ewer.asp?si d=746D 7075 3 67 8 6965 31313... 6/5/2017 MS4 Annual Report for 2016 ❑./ School presentation or project ❑./ Website ❑./ Other(1) ❑./ Other(2) ❑./ Other(3) Other (1), Employee Intranet postings describe: Other (2), Living Green Email subscribers describe: Other (3), Facebook subscribers describe: Q7 Intended audience? Check all that apply. Local Residents Businesses Developers Students Employees Other Brochure ./❑ ❑ ❑ ❑ ❑ ❑ Newsletter ./❑ 0 ❑ ./❑ ❑./ ❑ Utility bill 0 ❑ ❑ ❑ ❑ insert Stormwater- 0 0 0 0 ❑ related event School presentation ❑ ❑ ❑ .❑ ❑ ❑ or project Website ./❑ 0 ❑ ./❑ ❑./ ❑ Other (1) ❑ ❑ ❑ ❑ ❑./ ❑ Other (2) ./❑ 0 ❑./ ./❑ ❑./ ❑ Other (3) ./❑ 0 ❑.I .I❑ ❑.I ❑ Q8 Enter the total circulation/audience (if unknown, use best estimate): Brochure 750 Newsletter 30, 000 Utility bill 27,200 insert Stormwater- 1,500 related event School presentation 755 or project Website 2, 907 Other (1) 500 Other (2) 1,234 Other (3) 5,382 http s://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746D 7075 3 67 8 6965 31313... 6/5/2 017 MS4 Annual Report for 2016 Provide a brief description of each activity related to public education and outreach (e.g. rain garden workshop, school presentation, public works open house) held and the date each activity was held from January 1 , 2016 to December 31 , 2016. [Part III.D.1 .c.(4)] Q9Date of activity Q10Description of activity Date 3/19/2016 Annual Stormwater Meeting / Chamber of Commerce (mm/dd/yyyy) Spring Home Garden and Everything Expo Date 4/23/2016 Urban Waters Forum (mm/dd/yyyy) Date 4/23/2016 Pax Christi Earth Day Event (Conservation (mm/dd/yyyy) Commission) Date 5/7/2016 2016 Arbor Day Walk and Green Fair (mm/dd/yyyy) Date 8/10/2016 Landscaping for Water Quality Workshop (NMCWD) (mm/dd/yyyy)Date 10/8/2016 City-wide Open House (mm/dd/yyyy) — Date 11/14/2016 Friends of Red Rock Lake Annual Meeting (mm/dd/yyyy) (presentation) Date 07/25/2016 Groundwater Information Workshop (Presentation at (mm/dd/yyyy) RPBCWD Annual Tour) Q11 Between January 1 , 2016 and December 31, 2016, did you modify your BMPs, measurable goals, or future plans for your public education and outreach program? [Part IV.B.] O Yes ® No MCM 2: Public Participation/Involvement The following questions refer to Part III.D.2.a. of the Permit. Q12 You must provide a minimum of one opportunity each year for the public to provide input on the adequacy of your Stormwater Pollution Prevention Program (SWPPP). Did you provide this opportunity between January 1, 2016 and December 31, 2016? [Part II I.D.2.a.(1)] Q Yes O No Q13 What was the opportunity that you provided? Check all that apply. ❑ Public meeting ❑d Public event ❑ Other https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746 D707 5 3 67 86965 31313... 6/5/2017 MS4 Annual Report for 2016 Q15 Public event Chamber of Commerce Spring Home, Garden and Everything Describe: Spring Expo Enter the date of the public 3/19/2016 event (mm/dd/yyyy): Enter the number of citizens that attended and 1500 were informed about your SWPPP: Q17 Between January 1 , 2016 and December 31, 2016, did you receive any input regarding your SWPPP? O Yes O No Q19 Between January 1 , 2016 and December 31 , 2016, did you modify your BMPs, measurable goals, or future plans for your public participation/involvement program? [Part IV.B.] O Yes OQ No MCM 3: Illicit Discharge Detection and Elimination The following questions refer to Part III.D.3. of the Permit. Q20 Do you have a regulatory mechanism which prohibits non-stormwater discharges to your MS4? [Part III.D.3.b.] Q Yes O No Q21 Did you identify any illicit discharges between January 1 , 2016 and December 31 , 2016? [Part III.D.3.h.(4)] O Yes O No Q22 Enter the number of illicit discharges detected: 6 Q23 How did you discover these illicit discharges? Check all that apply and enter the number of illicit discharges discovered by each category. ❑./ Public complaint http s://survey.mn.gov/si am/surveyl anding/printervi ewer.asp?si d=746D 7075 3 67 8 6965 31313... 6/5/2017 MS4 Annual Report for 2016 ❑d Staff Q24 Enter the number discovered by the public: 5 Q25 Enter the number discovered by staff: 1 Q26 Did any of the discovered illicit discharges result in an enforcement action (this includes verbal warnings)? O Yes O No Q27 What type of enforcement action(s) was taken and how many of each action were issued between January 1 , 2016 and December 31 , 2016? Check all that apply. ❑d Verbal warning ❑ Notice of violation ❑ Fines ❑ Criminal action ❑ Civil penalties ❑ Other Enter the number of verbal warnings 1 issued: Q28 Did the enforcement action(s) taken sufficiently address the illicit discharge(s)? O Yes O No Q30 Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your illicit discharge regulatory mechanism(s)? [Part III.B.] ® Yes O No Q31 Between January 1 , 2016 and December 31 , 2016, did you train all field staff in illicit discharge recognition (including conditions which could cause illicit discharges) and reporting illicit discharges for further investigations? [Part I I I.D.3.e.] Q Yes O No Q32 How did you train your field staff? Check all that apply. ❑ Email ❑ PowerPoint ❑./ Presentation http s://survey.mn.gov/si am/surveyl anding/printervi ewer.asp?si d=746D 7075 3 67 8 6965 31313... 6/5/2017 MS4 Annual Report for 2016 ❑d Video ❑ Field Training ❑./ Other Other, describe: Intranet, workshops (University of Minnesota Extension and Minnesota Erosion Control Assoc. ) The following questions refer to Part III.C.1 . of the Permit. Q33 Did you update your storm sewer system map between January 1 , 2016 and December 31 , 2016? [Part I II.C.1 .] OO Yes O No Q34 Does your storm sewer map include all pipes 12 inches or greater in diameter and the direction of stormwater flow in those pipes? [Part III.C.1.a.] Q Yes O No Q35 Does your storm sewer map include outfalls, including a unique identification (ID) number and an associated geographic coordinate? [Part III.C.1.b.] O Yes O No Q36 Does your storm sewer map include all structural stormwater BMPs that are part of your MS4? [Part III.C.1 .c.] O Yes O No Q37 Does your storm sewer map include all receiving waters? [Part III.C.1.d.] O Yes O No Q38 In what format is your storm sewer map available? O Hardcopy only O GIS O CAD O Other Q39 Between January 1 , 2016 and December 31 , 2016, did you modify your BMPs, measurable goals, or future plans for your illicit discharge detection and elimination (IDDE) program? [Part IV.B.] O Yes ® No http s://survey.mn.gov/si am/surveyl anding/printervi ewer.asp?si d=746D 7075 3 67 8 6965 31313... 6/5/2017 MS4 Annual Report for 2016 MCM 4: Construction Site Stormwater Runoff Control The following questions refer to Part III.D.4. of the Permit. Q40 Do you have a regulatory mechanism that is at least as stringent as the Agency's general permit to Discharge Stormwater Associated with Construction Activity (CSW Permit) No. MN R100001 (http://www.pca.state.mn.us/index.php/view- document.html?gid=18984) for erosion and sediment controls and waste controls? [Part III.D.4.a.] Q Yes O No Q41 Have you developed written procedures for site plan reviews as required by the Permit? [Part III.D.4.b.] O Yes O No Q42 Have you documented each site plan review as required by the Permit? [Part III.D.4.f.] O Yes O No Q43 Enter the number of site plan reviews conducted for sites an acre or greater of soil disturbance between January 1 , 2016 and December 31 , 2016: 29 Q44 What types of enforcement actions do you have available to compel compliance with your regulatory mechanism? Check all that apply and enter the number of each used from January 1 , 2016 to December 31, 2016. ❑d Verbal warnings ❑d Notice of violation ❑d Administrative orders ❑./ Stop-work orders ❑d Fines ❑d Forfeit of security of bond money ❑d Withholding of certificate of occupancy ❑d Criminal actions ❑d Civil penalties ❑ Other Enter the number of verbal warnings 9 issued: Enter the number of notice of violations 0 issued: 0 http s://survey.mn.gov/si am/surveyl anding/printervi ewer.asp?si d=746D 7075 3 67 8 6965 31313... 6/5/2017 MS4 Annual Report for 2016 Enter the number of administrative orders issued: Enter the number of stop-work orders 0 issued: Enter the number of fines issued: Enter the number of forfeitures of security o bond money issued: Enter the number of withholdings of certificate of occupancy issued: Enter the number criminal actions 0 issued: Enter the number of civil penalties issued: Q45 Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your construction site stormwater runoff control regulatory mechanism(s)? [Part III.B.] Yes I No Q46 Enter the number of active construction sites an acre or greater that were in your jurisdiction between January 1, 2016 and December 31, 2016: 4 Q47 Do you have written procedures for identifying priority sites for inspections? [Part III.D.4.d.(1)] {J;l Yes No Q48 How are sites prioritized for inspections? Check all that apply. ID Site topography Soil characteristics ▪ Types of receiving water(s) ID Stage of construction Ed Compliance history El Weather conditions r/ Citizen complaints Project size http s://survey.mn.gov/si am/surveyl anding/printervi ewer.asp?si d=746D 7075 3 67 8 6965 31313... 6/5/2017 MS4 Annual Report for 2016 Other Q49 Do you have a checklist or other written means to document site inspections when determining compliance? [Part III.D.4.d.(4)] r%i Yes No Q50 Enter the number of site inspections conducted for sites an acre or greater between January 1, 2016 and December 31 , 2016: 52 Q51 Enter the frequency at which site inspections are conducted (e.g. daily, weekly, monthly): [Part III.D.4.d.(2)] Minimum of monthly by city staff. Others conducted as needed based on storm events, complaints or reports from building, street or utility departments. Consultant data loaded as completed onto PermiTrack to track compliance issues. Q52 Enter the number of trained inspectors that were available for construction site inspections between January 1, 2016 and December 31 , 2016: 3 Q53 Provide the contact information for the inspector(s) and/or organization that conducts construction stormwater inspections for your MS4. List your primary construction stormwater contact first if you have multiple inspectors. (1) Inspector name Randy Slick Organization Eden Prairie Phone (Office) 952-949-8322 Phone (Work Cell) 612-236-7308 Email rslick@edenprairie.org Preferred contact email method (2) Inspector name Fred Ziebol Organization Eden Prairie Phone (Office) 952-949-8317 Phone (Work Cell) 612-875-1855 Email fziebol@edenprairie.org Preferred contact phone method (3) Inspector name Isaac Raser Organization Eden Prairie http s://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746D 7075 3 67 8 6965 31313... 6/5/2 017 MS4 Annual Report for 2016 Phone (Office) I952-949-8310 Phone (Work Cell) 612-221-6967 Email iraser@edenprairie.org Preferred contact email method Q54 What training did inspectors receive? Check all that apply. ❑d University of Minnesota Erosion and Stormwater Management Certification Program ❑ Qualified Compliance Inspector of Stormwater (QCIS) ❑ Minnesota Laborers Training Center Stormwater Pollution Prevention Plan Installer or Supervisor ❑ Minnesota Utility Contractors Association Erosion Control Training ❑ Certified Professional in Erosion and Sediment Control (CPESC) ❑ Certified Professional in Stormwater Quality (CPSWQ) ❑ Certified Erosion, Sediment and Storm Water Inspector (CESSWI) ❑./ Other Other, describe: University of Minnesota Extension Stormwater Practices Inspection and Maintenance Certification (Isaac) Q55 Between January 1 , 2016 and December 31, 2016, did you modify your BMPs, measurable goals, or future plans for your construction site stormwater runoff control program? [Part IV.B.] O Yes ® No MCM 5: Post-Construction Stormwater Management The following questions refer to Part III.D.5. of the Permit. Q56 Do you have a regulatory mechanism which meets all requirements as specified in Part III.D.5.a. of the Permit? O Yes O No Q57 What approach are you using to meet the performance standard for Volume, Total Suspended Solids (TSS), and Total Phosphorus (TP) as required by the Permit? [Part III.D.5.a.(2)] Check all that apply. Refer to the link http://www.pca.state.mn.us/index.php/view-document.html? gid=17815 for guidance on stormwater management approaches. 0 Retain a runoff volume equal to one inch times the area of the proposed increase of impervious surfaces on-site ❑ Retain the post-construction runoff volume on site for the 95th percentile storm http s://survey.mn.gov/si am/surveyl anding/printervi ewer.asp?si d=746D 7075 3 67 8 6965 31313... 6/5/2017 MS4 Annual Report for 2016 ❑ Match the pre-development runoff conditions ❑ Adopt the Minimal Impact Design Standards (MIDS) ❑ An approach has not been selected Other method (Must be technically defensible--e.g. based on modeling, research and ❑ acceptable engineering practices) Q58 Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your post-construction stormwater management regulatory mechanism(s)? [Part III.B.] O Yes O No Q59 Between January 1 , 2016 and December 31 , 2016, did you modify your BMPs, measurable goals, or future plans for your post-construction stormwater management program? [Part IV.B.] O Yes O No MCM 6: Pollution Prevention/Good Housekeeping for Municipal Operations The following questions refer to Part III.D.6. of the Permit. Q60 Enter the total number of structural stormwater BMPs, outfalls (excluding underground outfalls), and ponds within your MS4 (exclude privately owned). Structural stormwater 700 BMPs Outfalls 1300 Ponds 652 Q61 Enter the number of structural stormwater BMPs, outfalls (excluding underground outfalls), and ponds that were inspected from January 1 , 2016 to December 31 , 2016 within your MS4 (exclude privately owned). [Part III.D.6.e.] Structural stormwater 700 BMPs Outfalls 141 Ponds 82 Q62 Have you developed an alternative inspection frequency for any structural stormwater BMPs, as allowed in Part III.D.6.e.(1) of the Permit? O Yes O No Q63 http s://survey.mn.gov/si am/surveyl anding/printervi ewer.asp?si d=746D 7075 3 67 8 6965 31313... 6/5/2017 MS4 Annual Report for 2016 Based on inspection findings, did you conduct any maintenance on any structural stormwater BMPs? [Part III.D.6.e.(1)] O Yes O No Q64 Briefly describe the maintenance that was conducted: Sump cleanouts, cleaning out of inlets, minor dredging, removal of vegetation blockages, pipe jetting, pipe replacements Q65 Do you own or operate any stockpiles, and/or storage and material handling areas? [Part III.D.6.e.(3)] Q Yes O No Q66 Did you inspect all stockpiles and storage and material handling areas quarterly? [Part III.D.6.e.(3)] O Yes O No Q67 Based on inspection findings, did you conduct maintenance at any of the stockpiles and/or storage and material handling areas? Q Yes O No Q68 Briefly describe the maintenance that was conducted: Basic cleanup and erosion control repairs Q69 Between January 1, 2016 and December 31, 2016, did you modify your BMPs, measurable goals, or future plans for your pollution prevention/good housekeeping for municipal operations program? [Part IV.B.] O Yes O No Partnerships Q78 Did you rely on any other regulated MS4s to satisfy one or more Permit requirements? O Yes OO No Additional Information If you would like to provide any additional files to accompany your annual report, use the space below to upload those files. For each space, you may attach one https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746 D707 5 3 67 86965 31313... 6/5/2017 MS4 Annual Report for 2016 file. You may provide additional explanation and/or information in an email with the subject YourMS4NameHere 2016AR to ms4permitprogram.pca@state.mn.us. Q80 Click the "up arrow" icon below to upload a file. When it has uploaded successfully, a unique ID will appear in the box. Only files less than 10 MB in size will upload. ref:0000000105:Q80 Q81 Click the "up arrow" icon below to upload a file. When it has uploaded successfully, a unique ID will appear in the box. Only files less than 10 MB in size will upload. ref:0000000105:Q81 Q82 Click the "up arrow" icon below to upload a file. When it has uploaded successfully, a unique ID will appear in the box. Only files less than 10 MB in size will upload. ref:0000000105:Q82 Q83 Optional, describe the file(s) uploaded: City newsletters and new flyer for focus area Owner or Operator Certification The person with overall administrative responsibility for SWPPP implementation and Permit compliance must certify this MS4 Annual Report. This person must be duly authorized and should be either a principal executive (i.e., Director of Public Works, City Administrator) or ranking elected official (i.e., Mayor, Township Supervisor). I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete (Minn. R. 7001.0070). I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment (Minn. R. 7001.0540). ❑ Yes By typing my name in the following box, I certify the above statements to be true and correct, to the best of my knowledge, and that information can be used for the purpose of processing my MS4 Annual Report. Name: Title: http s://survey.mn.gov/si am/surveyl anding/printervi ewer.asp?si d=746D 7075 3 67 8 6965 31313... 6/5/2017 MS4 Annual Report for 2016 Date: (mm/dd/yyyy) When you are ready to submit, you must click the 'Submit' button at the bottom of this page. Provide the email(s) of the individual(s) you would like to receive the MS4 Annual Report for 2016 submittal confirmation email from the MPCA. After you click the Submit button below, please allow up to three business days to receive this email. Email (1) Email (2) Email (3) Print or save a copy of your completed MS4 Annual Report for 2016 for your records. The MPCA will email a PDF of your MS4 Annual Report for 2016 information in a confirmation email within three business days after you submit this form to the email(s) you provided above. You may print a copy of the MS4 Annual Report for 2016 for your records by pressing the `Print' button at the bottom of the page. Additionally, it is possible to save a PDF copy of the MS4 Annual Report for 2016 if you are working on a computer with OneNote (a program often included in Microsoft Office packages). Detailed saving instructions are available at stormwater.pca.state.mn.us/index.php/Guidance for saving MS4 annual reports. If you have any questions, contact MPCA staff Cole Landgraf (cole.landgraf@state.mn.us, 651-757-2880) or Megan Handt (megan.handt@state.mn.us, 651-757-2843). https://survey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746 D707 5 3 67 86965 31313... 6/5/2017 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Paul Schlueter Declare 2014 Jacobsen Lawn Mower as VIII. U. Surplus Equipment and Authorize Ordering Fleet Services of a Replacement Mower Requested Action Move to: Declare 2014 Jacobsen lawn mower Unit#101 as surplus equipment and authorize ordering of a replacement Toro Model 4000D lawn mower for a cost not to exceed $63,245.80. Synopsis The Streets Division has a 2014 Jacobsen 11' cut rotary mower that is not providing reliable service and is experiencing higher than average down-time and much higher than average repair costs. Staff is requesting to replace this mower earlier than normal to reduce the ongoing repair expense and provide a better and more reliable mower in its place. The 2014 Jacobsen lawn mower(Unit# 101) will be traded in or auctioned in compliance with current City Purchasing Policy guidelines. The estimated trade-in/auction value of the old mower is $12,000.00. This purchase will be funded through the Fleet Capital Internal Service Fund and adequate dollars are currently available to fund this purchase. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy equipment under the terms of contracts already negotiated by the State of Minnesota. This replacement mower will be purchased using the State of Minnesota CPV program. Attachment MTI Distributing State of Minnesota Contract price quote for new Toro Model 4000D mower MTI Distributing r�Y1RO� 1 Equipment Proposal ilJ o STA BUT NG June 2, 2017 Paul Schlueter City of Eden Prairie Expiration Date: 7/2/2017 7845 Mitchell Road Eden Prairie, MN 55344 MINNESOTA STATE CONTRACT PRICING - CONTRACT #119042 (RELEASE #T-775(5)) Qty Model Number Description Price Price Extension 1 30609 GM 4000-D (Tier 4 Final Compliant) $60,917.02 $60,917.02 1 30349 Universal Sunshade (White) $530.98 $530.98 1 30408 MVP Filter Kit $268.20 $268.20 1 30661 Beacon Kit $280.74 $280.74 1 30691 Lights Adapter Kit $155.62 $155.62 1 30414 North American Road Light Kit $734.30 $734.30 1 31522 4 Wheel Drive Manual Override Kit $358.94 $358.94 (For extreme wet, muddy conditions) TOTALS Equipment Total $63,245.80 Toro Protection Plus $0.00 Trade Ins $0.00 Estimated Sales/Use Tax $0.00 Total $63,245.80 Quote is valid for 30 days New Toro commercial equipment comes with a two-year manufacturer warranty Equipment delivery at no additional charge All commercial products purchased by a credit card will be subject to a 2.5% service fee. Thank you for the opportunity to submit this quote. If you have any questions, please do not hesitate in contacting us. Larry Gorman, SCPS Karen Wangensteen Outside Sales Representative Inside Sales Representative 612-877-0830 763-592-5643 MTI Distributing, Inc. • 4830 Azelia Avenue N. #100 • Brooklyn Center, MN 55429 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 17-5975 ITEM NO.: Mary Krause Award Contract for 2017 Concrete Supply to VIII. V. Public Works/Engineering Cemstone Products Company Requested Action Move to: Award the Contract for the 2017 supply of concrete to Cemstone Products Company at the unit prices as indicated in the attached quote summary. Synopsis Quotes were received on June 5, 2017 for the 2017 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 Products Company. 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. 17-5975 2017 Concrete Quote results Suppliers providing quotes MNDOT 2461 Concrete Mix MNDOT 2461mix MNDOT 2461mix (no fly ash) (with fly ash) (High Early) Cemstone Products Company $115.00/C.Y.## $112.50/C.Y## $125.00/C.Y.## AVR,Inc.&Affiliates $136/C.Y,## $133/C.Y## $146/C.Y.## Rivers Edge Concrete,Inc. 116.50/C.Y.++ $116.50/C.Y++ $125.50/C.Y.++ Aggregate Industries No quote No quote No quote Knife River No quote No quote No quote ##$90/Load short load surcharge—less than 3 C.Y. ++$115/Load short load surcharge—less than 2.25C.Y. June 5, 2017 Page 1 Standard Purchasing Contract This Contract ("Contract") is made on the day of , 20 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Cemstone Products Company, a Minnesota Company (hereinafter "Vendor") whose business address is 2025 Centre Pointe Boulevard, Suite 300, Mendota Heights, MN 55120-1221. Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for 2017 supply of Concrete hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. The terms of this Contract shall take precedence over any provisions of the Vendor's proposal and/or general conditions. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by November 10, 2017. 3. Compensation for Services. City agrees to pay the Vendor $115/C.Y. of 3F52 Mix, $112.50/C.Y. of 3F52F Mix and $125/C.Y. of 3F52HE Mix with total payments not to exceed $64,750 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 6. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,500,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor's services under this Contract. 7. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 8. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 9. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 10. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 11. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 12. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. 13. Compliance with Laws and Regulations. Vendor is responsible for knowing of and abiding by all statutes, ordinances, rules and regulations pertaining to the type of services provided pursuant to this Contract. 14. Audits and Data Practices. The books, records, documents, and accounting procedures and practices of the Vendor or other parties relevant to this agreement are subject to examination by the City and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this contract. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 15. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Standard Purchasing Contract 2014.01 Page 2 of 3 contract. The violation of this provision renders the contract void. Any federal regulations and applicable state statutes shall not be violated. 16. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 17. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 18. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 19. Entire Agreement. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager VENDOR By: Its: Standard Purchasing Contract 2014.01 Page 3 of 3 w ,F_AX 1 64 QUOTE FORM I . C . 17-5975 • 2017 CONCRETE SUPPLY The undersigned understands that each item may be awarded separately and that if the bid price is accepted, he is to furnish the materials as specified previously and at the unit bid price until November 10, 2017 . All bid prices shall be inclusive of all fuel surcharges, environmental fees and applicable sales tax. Cemstone Mix Est. Qty. Unit Price Designation 1 MN/DOT 2461 Concrete Mix 3F52 450 Cubic Yards $ 115 . 00 3F52CC" 2 MN/DOT 2461 Concrete Mix 3F52F 60 Cubic Yards $ 112 . 50 "3F52CF" 3 MN/DOT Ready Mixed Concrete 50 Cubic Yards $ 125 . 00 "3HE52CF" 3F52HE HE52CF Concrete Short Load Charge (less than 3 cubic yards) $ 90. 00 /Load Gemstone Products Company FIRM a AUTHORIZED SIGNATURE Paul Trocke - Commercial Account Representative TYPED NAME AND TITLE 2025 Centre Point Boulevard ADDRESS Mendota Heights , MN 55120- 1221 612-248 -0976 TELEPHONE Minnesota STATE OF INCORPORATION CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Set a Public Hearing date of August 8, 2017, VIII. W. Janet Jeremiah, Director for a Housing Improvement Area for Neill Molly Koivumaki, Housing and Lake Townhome Owners Association Human Services Manager Requested Action Move to: Set a date of August 8, 2017, for a Public Hearing on the implementation of a Housing Improvement Area(HIA) for the Neill Lake Townhome Owners Association. Synopsis A petition signed by 76% of the owners at Neill Lake Townhome Owners Association to establish a Housing Improvement Area is on file with the City Clerk. Owners will be notified by mail at least 10 days prior to the hearing, and a legal notice will be published at least seven days prior to the hearing. The hearing notice will include the time and place of the hearing, a map showing the boundaries of the proposed area, fees/funds/terms of funding, a list of improvements, a list of exemptions and verification that all contracts must comply with MN Statute 471.345. Background Neill Lake Townhome Owners Association, which consists of 70 units, needs to make several necessary improvements to their property. These improvements are needed to maintain the structure of the building including: Drain tile installation on seven affected units, caulk and grout foundation cracks to minimize intrusion on six affected units, repairs to west walls and fireplace on four affected units, and complete removal and install of concrete base floor in one affected unit based on the engineering report, as well as full re-siding of all thirteen (13) of the buildings within the association and new chimney caps on each chase in the association. The Association is professionally managed by Sharper Management, Inc. The property manager along with the Association's Board of Directors has sought out financial solutions to enable repairs to be made and have turned to HIA funding as a last resort. Information on HIAs Public Financing Tool provided by MN Statute 429A.11 —429A.21 • Allows the City to provide a loan to private property owners within a designated area—for townhome & condominium associations. The loan includes the cost of common area improvements,predetermined interest and city's costs to administer the loan. • It funds common area improvements that cannot otherwise be economically financed through association fund balance, commercial loans or individual private owner loans. • The loan is repaid to the City through an agreement spread over 10, 15 or maximum 20 yrs. Strategic Plan The HIA strategy was identified in the Strategic Plan for Housing and Economic Development, 2017-2020 which was approved by the City Council at the March 21, 2017 workshop. Attachments Map of project area Page 26 of Strategic Plan for Housing and Economic Development 2017-2020 II NEILL LAKE TOWNHOME OWNERS ASSOCIATION r , <>11. • ,,,., .__.„ ,. ‘. .,. , .. .., . , \ ,,, . _. ....„ . .. . ,,.. • , ,•,. ,,, ..,..‘ \ . . .. : . • • „ . „ , .....s , .. . .,.._ _,.,. ., :,, • •,,,v , • .., ,..,, \, , • _„, -. . .— . ..:, ' /iik„ ,.,, :_., . . " . , „..._ + ,•......, . • \,T,.. .. ,,,,, . „. . ,, . „... ...,•• ,...• . • .„,,.„. ,...„,,,, ,• . •: , ,:.„. . •_. '.--!-;,441i-,\ , - .:',-' ; *.•.. ,••,- -,',- ;....,,,,---,1,..--..... .:- • .., ,, ...#i \ \ \ l' 1 r. F �� _ , ,, i tom.. /', ,?N'� t�. `a Ca a it 03 /14 finite/ I � E - 1444 wi ' `U 0-°IA WI eAlfai i j � atOLiI s tm r tt>zu / .r"., tT fi ? The Housing Rehabilitation Loan Program helps low and Priority : High moderate income homeowners maintain their homes . Eligibility Timing : Ongoing is determined by HUD and pooled Housing TIF income limits Funding : and all loans are available on a first come, first serve basis . • TIF Pool • CDBG Project Focus • Continue to promote program to low and moderate • .% income homeowners • Modifyexistinghousingrehab loan program to provide % 3 • #y a ; p g /� r for a " phased" repayment of the loan , which reduces ' � , the amount of the loan after ten years • Create new grant program for income eligible senior .. , x. R. _ citizens where up to $ 5 , 000 is available for home repairs x Jr - �' ` sue, .#":e �'`3 _ . ➢ 'r ci " ' . ;, y �* x as ( HIA) • • cr .( ts Status as of March 2017 • : at '' ' ' �� �- _ *'Ty „ • 4. ,...a . .. ,.. _ ,.x3w � ttr '>- .- . . ..:F - . . . . . .. ... .. .-, .x. . �": .' `. .,:�. .. An HIA promotes neighborhood stabilization and revitalization of townhome properties that do not have adequate resources for necessary repairs/improvements . Priority : High Timing : Ongoing Project Focus Funding : • Fairway Woods Condominium Association completed their • Special assessments HIA in 2014 for 20 units • Application submitted to establish Neill Lake Townhome HIA. This program will finance the foundation repair of two units and the re-siding of all buildings in the Association Eel r �y PR owls hi .f 4. - 2 26 Section 3 : Housing Strategies & Project Priorities CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #11-5800 ITEM NO.: Randy Newton Adopt Resolution Authorizing Settlement of VIII. X. Public Works/Engineering Easement Acquisitions for Parcel 28 for the Shady Oak Road South Improvements Project Requested Action Move to: Adopt a resolution authorizing settlement regarding acquisition costs for easements over and across certain real property in Eden Prairie, MN, related to the Shady Oak Road South Improvements project in the amount of$500,000.00. Synopsis A proposed settlement in the amount of $500,000.00, subject to Council approval, has been reached regarding the acquisition costs for a temporary construction easement and a permanent easement for roadway and utility purposes over and across real property commonly known as 6700 Shady Oak Road, Eden Prairie, MN (the "Property"). The settlement amount of $500,000.00 includes all claims and costs associated with the easement acquisition. Background Information The City commenced a condemnation action in Hennepin County District Court related to Project I.C. #11-5800, which is commonly known as the Shady Oak Road South Improvements project (the "Project"). The Project includes acquiring permanent and temporary easements over and across the Property. The Court awarded the City possession of the easements, and the sole remaining issue is resolution of the acquisition costs for the easements. The City authorized acquisition of the necessary easements over the Property for $223,650.00, which was based on an appraisal obtained by the City Attorney. The Property owner rejected the City's appraisal valuation, and after further negotiation and consultation the City Attorney, City Engineer, and Director of Public Works recommend that the City Council agree to settle for $500,000.00, which includes all claims and costs associated with the easement acquisition. A five (5) day commissioner's hearing is scheduled of the week of July 17, 2017. Upon settlement, the City will save additional legal fees, expert witness fees, and commissioner fees associated with the upcoming commissioners' hearing. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2017- _ RESOLUTION AUTHORIZING SETTLEMENT OF EASEMENT ACQUISITIONS FOR PARCEL 28 OF THE SHADY OAK ROAD SOUTH IMPROVEMENTS I.C. 11-5800 WHEREAS, the City of Eden Prairie ("City") commenced a condemnation action related to project number LC. 11-5800, commonly known as the Shady Oak Road South Improvements project(the"Project"); and WHEREAS, the Project included taking permanent and temporary construction easements from a parcel located in Eden Prairie and commonly known as 6700 Shady Oak Road, Eden Prairie, Minnesota("Parcel 28"or the "Property"); and WHEREAS, the District Court awarded the City possession of the easements on April 28, 2014; and WHEREAS,the sole remaining issue is resolution of the acquisition cost for the easements; and WHEREAS, the City previously authorized acquisition of the easements for the sum total of $223,650.00 based upon an appraisal valuation; and WHEREAS,the Property owner rejected the City's appraisal valuation; and WHEREAS, after negotiations between the parties, the City Engineer, Director of Public Works, and City Attorney recommended settlement in the amount of $500,000.00, which includes all claims and costs associated with the easement acquisition. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: 1. The Recitals set forth above are incorporated herein; 2. The City Council approves the settlement for easement acquisition in the amount of $500,000.00 which includes all claims and costs associated with the easement acquisition; and 3. The City Council approves the execution of the settlement agreement attached hereto as Exhibit A. ADOPTED by the Eden Prairie City Council on June 13, 2017. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk SETTLEMENT AGREEMENT SHADY OAK ROAD SOUTH IMPROVEMENTS PROJECT This Settlement Agreement (the "Agreement") is entered into by and between the City of Eden Prairie, a Minnesota municipal corporation (the "City") and EVINE Live, Inc., a Minnesota corporation (the "Owner"). RECITALS WHEREAS, the City has taken certain real property located at 6700 Shady Oak Road, Eden Prairie, MN (the "Property"), and legally described on the attached Exhibit A and depicted on Exhibit B, for the Shady Oak Road South Improvements Project (the "Project"), all pursuant to a Petition, Stipulation, and Order, and filed with the Hennepin County District Court for the matter captioned, City of Eden Prairie v. Eden Prairie Associates, LLC, et al., Court File No. 27-CV-14- 1122 (the "Action"); WHEREAS, the City is obligated to pay the Owner just compensation for the Property taken pursuant to the Action; and WHEREAS, the City and the Owner have reached agreement as to the just compensation for the Property that was taken pursuant to the Action. NOW,THEREFORE,pursuant to the foregoing recitals and in consideration of the promises and mutual agreements, covenants and provisions contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the Owner agree as follows: 1. Incorporation of Definitions and Recitals. All definitions and recitals above are incorporated by reference and made a part of this Agreement. 2. Just Compensation. As just compensation for the Property taken pursuant to the Action, the City shall pay the Owner the sum total of Five Hundred Thousand and No/100 Dollars ($500,000.00) (the "Payment"). The Payment shall be made payable to the Owner and its mortgagee(s), if any, unless otherwise advised by the mortgagee(s). The payee(s) shall provide the City Attorney with an executed W9. 3. Commissioners' Award. The City Attorney shall prepare a Commissioners' Award consistent with the terms of this Agreement and send the same to the Commissioners for execution and filing as required by Minnesota statutes. 4. Release. In consideration for the Payment, the Owner hereby finally and forever releases any and all claims demands, damages, actions, rights, rights of action of whatever kind or nature it now has or may hereafter have against the City related to the Action, whether known or unknown, now or in the future, including but not limited to, attorney's fees, interest, and appraisal fees, and further waives all rights to appeal the Commissioners' Award. 5. Entire Agreement. This Agreement, including the Recitals set forth above and Exhibit A attached hereto, constitute the entire Agreement between the City and the Owner relating to the Action, 6. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any of its other provisions. 7. Governing; Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without reference to the choice-of-laws doctrine of any jurisdiction. 8. Counterparts, This Agreement may be executed in one or more duplicate counterparts, including facsimile and PDF counterparts, each of which shall be deemed an original and together shall constitute one and the same instrument. 9. Effective .Date, This Agreement shall take effect upon the last date of execution set forth opposite the signatures below. CITY OF EDEN PRAIRIE Dated:_ Nancy Tyra-Lukens,Mayor Dated: Rick Getschow, City Manager EVINE LIVE, INC. . � Dated:_ �2 7 By: _'t 0C4.—r Its: ��'.{ 4 v i ) EXHIBIT A PARCEL 28 A perpetual easement for roadway and utility purposes over, under, across and through that part of Lot 1, Block 1, SHADY OAK INDUSTRIAL PARK THIRD ADDITION, according to the recorded plat thereof, described as beginning at the most easterly corner of said Lot 1; thence South 22 degrees 53 minutes 13 seconds West, assumed bearing, along the southeasterly line of said Lot 1 a distance of 2.00 feet to the intersection with a line run parallel with and distant 2.00 feet southwesterly of the northeasterly line of said Lot 1; thence northwesterly along said parallel line a distance of 324.74 feet; thence northwesterly 140,00 feet along a tangential curve concave to the southwest having a radius of 470.00 feet and a central angle of 17 degrees 04 minutes 02 seconds; thence South 25 degrees 34 minutes 19 seconds West, radial to said curve, a distance of 4.00 feet; thence northwesterly 93.32 feet along a curve concentric with the last described curve; thence North 75 degrees 54 minutes 06 seconds West, tangent to said curve, a distance of 31,05 feet; thence South 57 degrees 29 minutes 07 seconds West a distance of 59,49 feet; thence southwesterly 173.26 feet along a non-tangential curve concave to the northwest having a radius of 334.00 feet to a point on the northwesterly line of said Lot 1 distant 152.54 feet northeasterly from the most westerly corner of said Lot 1; thence northeasterly along the northwesterly lines of said Lot 1 to the most northerly corner thereof, thence southeasterly along the northeasterly lines of said Lot 1 to the point of beginning. A temporary easement for construction purposes over, under, across and through that part of Lot 1, Block 1, SHADY OAK INDUSTRIAL PARK THIRD ADDITION, according to the recorded plat thereof, described as commencing at the most easterly corner of said Lot 1; thence South 22 degrees 53 minutes 13 seconds West, assumed bearing, along the southeasterly line of said Lot 1 a distance of 2.00 feet to the intersection with a line run parallel with and distant 2.00 feet southwesterly of the northeasterly line of said Lot 1; thence northwesterly along said parallel line a distance of 203.10 feet to the point of beginning of said temporary easement; thence continuing northwesterly along said parallel line a distance of 121.64 feet; thence northwesterly 140.00 feet along a tangential curve concave to the southwest having a radius of 470,00 feet and a central angle of 17 degrees 04 minutes 02 seconds; thence South 25 degrees 34 minutes 19 seconds West, radial to said curve, a distance of 4.00 feet; thence northwesterly 93,32 feet along a curve concentric with the last described curve; thence North 75 degrees 54 minutes 06 seconds West, tangent to said curve, a distance of 31.05 feet; thence South 57 degrees 29 minutes 07 seconds West a distance of 59.49 feet; thence southwesterly 173.26 feet along a non-tangential curve concave to the northwest having a radius of 334.00 feet to a point on the northwesterly line of said Lot 1 distant 152.54 feet northeasterly from the most westerly corner of said Lot I; thence South 38 degrees 02 minutes 06 seconds West along said northwesterly line a distance of 37.96 feet; thence South 51 degrees 57 minutes 54 seconds East a distance of 15.00 feet; thence North 38 degrees 02 minutes 06 seconds East a distance of 47.93 feet; thence North 65 degrees 15 minutes 34 seconds East a distance of 24.74 feet; thence South 51 degrees 57 minutes 54 seconds East a distance of 20,79 feet; thence North 37 degrees 56 minutes 02 seconds East a distance of 113,09 feet; thence South 52 degrees 03 minutes 58 seconds East a distance of 40.18 feet; thence North 38 degrees 05 minutes 20 seconds East a distance of 56.71 feet; thence South 51 degrees 54 minutes 40 seconds East a distance of 2,35 feet; thence North 38 degrees 07 minutes 19 seconds East a distance of 10.71 feet; thence South 52 degrees 00 minutes 51 seconds East a distance of 173.41 feet; thence South 38 degrees 05 minutes 20 seconds West a distance of 17.29 feet; thence South 51 degrees 54 minutes 40 seconds East a distance of 149.59 feet; thence North 38 degrees 05 minutes 20 seconds East a distance of 63.92 feet; thence South 47 degrees 49 minutes 15 seconds East a distance of 13.64 feet;thence North 41 degrees 30 minutes 00 seconds East a distance of 12.00 feet to the point of beginning. Said temporary easement to expire on June 30, 2016. Interested Parties and Nature of Interest EVINE Live, Inc.—Fee Interest Hennepin County—Taxes Directv, Inc.—Mortgage Shady Oak Ventures, LLC—Drainage Easement EXHIBIT B (Easement Sketch) APPRAISAL ASSUMPTIONS: �� I i;i II II —SHOP NBC SIGN AT WEST ENTRANCE TO BE RELOCATED X �� \� I�=—== __� I BY THE OWNER. �©) �� 1 —LANDSCAPING AT WEST ENTRANCE TO BE REMOVED \\\\ \ \\\ ' 1 DURING CONSTRUCTION. \% \\ ,\_ t —SHOP NBC SIGN AT EAST ENTRANCE TO BE RELOCATED 0 50 100 1 BY THE OWNER. i - —12 STALLS WILL BE REMOVED FROM PARKING LOT AND -oie_in feet 3 STALLS WILL BE CONSTRUCTED (9 STALLS PERMANENTLY REMOVED ). 1 ' —8 ADDITIONAL STALLS WILL BE TEMPORARILY IMPACTED ,,: 11 TITT � DURING CONSTRUCTION. `� —IMPACTS TO PARKING LOT IS LIMITED 60 DAYS. 1 `.�'� V .....v: 014 f, 4 it ii.v.71.4ir., 1 II _ _____ _ _ , ii Ail _____ 1 * 4 _ /,-2,....2„\\ II tio, ' '3 I I II / I' + i 11 / ' • ■ 1 I 11 II r l � + I I 1I 4e y{ ../ ,. I, 11 I t41 ' f .� l I 11 1 r1:. . r .. I, / I I // // . , „ H , , ,ft , • - if.,,, r 4 / i ]r 11 / '� 1 �� 44,* ' , I „ .... ws lilt, 11"ar 44, ... ,, 1. . ' , ,, fi -k ti` • �' / / // // '/ / -�',..° �' `' :�''.:* 4..:1,040 .T. „/ „% , PRELIMINARY c` +� M� + . '�/// / ' ,i --„,.......,i / „/ \ I` SUBJECT TO CHANGE I �. '�''iir '. - '/ 9/ 16/2013 " .., Sil t.� *� �'/ �/// ■ PROPOSED TEMPORARY EASEMENT ✓ &. - 4' �' ;, 4 a ' 1 Q^/ / PROPOSED RIGHT OF WAY E -6. gail• I /3: ,Ak , ../.:E0. .w J PROPOSED DRAINAGE & UTILITY EASEMENT L (/, Je ., fI AREA COMPUTATIONS - ' - ACRE ) AI '7 = = �_ PROPOSED 1 53 SF (0.27 ACRE) EXISTING PARCEL541,970 SF ( 12.44 A ' - R/W1 5 r REMAINING PARCEL = 530,417 SF ( 12. 18 ACRE ) --- 4,. ., 'E PROPOSED TEMPORARY EASEMENT = 31,494 SF (0.72 ACRE ) ' ___ PROPOSED D/U = 1,290 SF ( 0.03 ACRE) 0 RINI Right of Way Acquisition Parcel 28 Consulting Group,Inc. Shady Oak Road Job 7577 City of Eden Prairie 9/16/2013 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #11-5800 ITEM NO.: Randy Newton Adopt Resolution Authorizing Settlement of VIII. Y. Public Works/Engineering CenturyLink Utility Relocation Delay for Shady Oak Road South Improvement Project Requested Action Move to: Adopt a resolution authorizing settlement in the amount of$184,617.08 related to CenturyLink's relocation delay of certain utilities on the Shady Oak Road South Improvements project. Synopsis Subject to Council approval, a proposed settlement in the amount of $184,617.08 has been reached with CenturyLink regarding a claim associated with its relocation of utilities on the Shady Oak Road South Improvement project. Background Information In the summer of 2013, the City commenced Project I.C. #11-5800, which is commonly known as the Shady Oak Road South Improvements project (the "Project"). The City contracted with C.M. McCrossan Construction, Inc. ("Contractor")to construct the Project. The Project included certain utility relocations in and around the Shady Oak Road South bridge crossing at Highway 212. The City is responsible for ensuring that utilities on the Project are relocated so as not to interfere with the Contractor's work. Despite utility coordination meetings attended by CenturyLink representatives, detailed plan sheets showing the location of all utilities made available to CenturyLink well in advance of construction, and weekly construction meetings detailing upcoming construction related activities available to CenturyLink, CenturyLink failed to timely relocate its utilities in and around the Shady Oak Road South bridge crossing at Highway 212. The Contractor submitted a claim to the City for additional costs totaling $216,012.60 associated with the utility relocation delay. The City demanded that CenturyLink pay the Contractor's claim. After further negotiation and consultation, the City Attorney, City Engineer, and Director of Public Works recommend that the City Council agree to settle with CenturyLink for $184,617.08. Resolution with the Contractor, at an anticipated reduced claim amount, will be presented to the City Council at a subsequent meeting. Upon settlement, the City will save additional legal fees, expert witness fees, and court costs associated with prosecuting a claim against CenturyLink related to its utility relocation delays. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2017- RESOLUTION AUTHORIZING SETTLEMENT OF CENTURYLINK UTILITY RELOCATION CLAIM FOR THE SHADY OAK ROAD SOUTH IMPROVEMENTS I.C. 11-5800 WHEREAS, the City of Eden Prairie ("City") commenced a construction project, project number I.C. 11-5800, commonly known as the Shady Oak Road South Improvements project (the "Project"); and WHEREAS, the Project included relocation of utilities by CenturyLink in and around the Shady Oak Road South/Highway 212 bridge crossing; and WHEREAS, CenturyLink failed to timely relocate its utilities such that the City's Contractor submitted a claim for additional costs incurred related to the delay in the amount of$216,012.60; and WHEREAS,the City presented the Contractor's claim to CenturyLink for payment; and WHEREAS, after negotiations between the City and CenturyLink, the City Engineer, Director of Public Works, and City Attorney recommended settlement with CenturyLink in the amount of $184,617.08. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: 1. The Recitals set forth above are incorporated herein; 2. The City Council approves the settlement with CenturyLink in the amount of $184,617.08 for its delay in relocating its utilities on the Project; and 3. The City Council approves the execution of the Settlement and Release Agreement attached hereto as Exhibit A. ADOPTED by the Eden Prairie City Council on June 13, 2017. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk SETTLEMENT AND RELEASE AGREEMENT THIS SETTLEMENT AND RELEASE AGREEMENT ("Settlement Agreement") is effective this day of June, 2017, by and between The City of Eden Prairie, a Minnesota municipal corporation ("City") and CenturyLink, a ("CenturyLink") (Plaintiff and CenturyLink collectively referred to as the "Parties") regarding City Project No.: 11-5800, which is commonly known as the Shady Oak Road South Improvements project(the "Project"). WHEREAS, the City entered into a construction contract ("Contract") with C.S. McCrossan Construction, Inc. ("McCrossan") to construct the Project; WHEREAS, the Project included and required relocation of certain utilities by CenturyLink; WHEREAS, McCrossan asserted a claim against the City for additional costs it alleges it incurred in completing its work on the Project, totaling $216,012.60, which it alleges were caused by CenturyLink's failure to timely relocate its utilities (the "Claim"); WHEREAS, the City presented the McCrossan Claim to CenturyLink for payment; WHEREAS, CenturyLink denies that its relocation activities on the Project were the sole cause of McCrossan's Claim; and WHEREAS, the City and CenturyLink wish to amicably resolve their dispute relating to the Claim. Now, therefore, the City and CenturyLink agree as follows: 1. Settlement Payment. CenturyLink shall pay to the City the sum total of One Hundred Eighty-Four Thousand Six Hundred Seventeen and 08/100 Dollars ($184,617.08) within ten business days from the effective date of this Settlement Agreement in satisfaction of the Claim. 2. Release. Upon receipt of payment referred to in paragraph 1 above, the Parties hereby mutually release each other from the claims they have against each other regarding CenturyLink's failure to timely relocate its utilities. However, nothing contained herein shall operate as a waiver of, or as a release of, any unknown claim or latent defect regarding CenturyLink's work on the Project. Those claims, if any, are expressly reserved by the City. 3. General. a. The Parties agree that in making this Settlement Agreement, they are relying on their own judgment, belief and knowledge as to all phases of the claims and that 1 they are not relying upon representations or statements made by any of the persons or entities hereby released, or anyone representing them. b. The Parties agree that the payment of the above sum is not to be construed as an admission of any liability whatsoever by anyone. c. This Settlement Agreement contains the entire agreement between the Parties hereto, and the terms of this release are contractual and not a mere recital. This Settlement Agreement may only be amended in a writing signed by both Parties. d. The undersigned represent that they have read this release, that they have authority to sign it, and intend to be legally bound hereby. e. The Settlement Agreement may be executed in counterparts, and a facsimile signature or electronic signature (PDF) shall be deemed an original signature for purposes of executing Settlement Agreement. CITY OF EDEN PRAIRIE Dated: By: Its: Mayor Dated: By: Its: City Manager CENTURYLINK Dated: By: Its: 2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 17-5981 ITEM NO.: Public Works/Engineering Award Contract for the Flying Cloud VIII. Z. Randy Newton Drive Trail Improvements Requested Action Move to: Award contract for the Flying Cloud Drive Trail Improvements to Bituminous Roadways in the amount of$62,811. Synopsis Sealed bids were received Tuesday, June 6, 2017 for this project. Two bids were received with the lowest bid in the amount of$62,811 from Bituminous Roadways. Background Information The scope of the project is to replace the bituminous trail on the east side of Flying Cloud Drive between Regional Center Road and Singletree Lane. The existing trail in this location is in poor condition and is sub-standard in width. As part of the Eden Prairie Center's Landscaping Improvements Development Agreement the City committed to the reconstruction of this trail. The trail has been designed in coordination with Eden Prairie Center's landscape project and easements for the project have been provided. The project will take approximately a month to construct and has a final completion date of August 18, 2017. The funding for this trail project comes from the Capital Improvement Program, Capital Maintenance and Reinvestment. Bid Summary and Recommendation The summary of the bids submitted is as follows: Bituminous Roadways, Inc. $61,811.00 Sunram Construction, Inc.. $79,556.00 The staff's estimate for this trail construction project was $115,050. Each of the bidders met the guidelines as detailed in the bid specifications document. Staff recommends the contract be awarded to Bituminous Roadways, Inc. Attachment Form of Contract FORM OF CONTRACT THIS AGREEMENT, made and executed this 13th day of June 2017, by and between City of Eden Prairie hereinafter referred to as the "CITY", and _Bituminous Roadways, Inc._ 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 Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C._17-5981 Flying Cloud Drive Trail Improvements CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $ 61,811.00 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: Consent Calendar June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 17-5971 ITEM NO.: Public Works/Engineering Award Contract for the Edenvale VIII. AA. Randy Newton Boulevard Trail Rehabilitation Requested Action Move to: Award contract for Edenvale Boulevard Trail Rehabilitation to Bituminous Roadways in the amount of$274,814.50. Synopsis Sealed bids were received Tuesday, June 6, 2017 for this project. Three bids were received with the lowest bid in the amount of$274,814.50 from Bituminous Roadways. Background Information The scope of the project is to reconstruct the trail on Edenvale Boulevard from Hallmark Drive to Baker Road. The project will also reconstruct a number of pedestrian ramps along the trail and replace the existing retaining wall on Edenvale Boulevard north of Birch Island Road. The project will take approximately a month and a half to construct and has a final completion date of September 29, 2017. The funding for this trail project will primarily come from the Capital Improvement Program, Capital Maintenance and Reinvestment. The Pavement Management and Transportation Fund will also be utilized for specific elements of the project. Bid Summary and Recommendation The summary of the bids submitted is as follows: Bituminous Roadways, Inc. $274,814.50 Sunram Construction, Inc.. $355,222.00 Northwest Asphalt, Inc. $397,502.50 The staff's estimate for this trail construction project was $472,125.00. Each of the bidders met the guidelines as detailed in the bid specifications document. Staff recommends the contract be awarded to Bituminous Roadways, Inc. Attachment Form of Contract FORM OF CONTRACT THIS AGREEMENT, made and executed this 13th day of June 2017, by and between City of Eden Prairie hereinafter referred to as the "CITY", and _Bituminous Roadways, Inc._ 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 Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. 17-5971 Edenvale Trail Rehabilitation CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $ 274,814.50 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: Consent Calendar June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #16-5940 ITEM NO.: Randy Newton Approve Professional Services Agreement with VIII. BB. Public Works/Engineering American Engineering Testing for Geotechnical Service for Preserve Boulevard Improvement Project Requested Action Move to: Approve Professional Services Agreement with American Engineering Testing, Inc. for Geotechnical Service for Preserve Boulevard Improvement Project. Synopsis This Professional Services Agreement will provide geotechnical services for the Preserve Boulevard Improvement Project. Preliminary design work for the project is nearing completion and the current schedule is to construct the proposed improvements in 2018. Background Information Based on the preliminary design work and the public feedback that has been provided over the past year the Preserve Boulevard Improvement Project is proposed to include the following significant components: • Prairie Center Drive/Preserve Boulevard intersection improvements including dual left turn lanes for westbound to southbound traffic, flatten the existing cross slope, improve pedestrian and bicycle crossings, line up left turn lanes and provide left turn signal phasing on Preserve Boulevard. • Eliminate southbound lane drop on Preserve Boulevard. • Provide median and left turn lanes throughout the Preserve Boulevard corridor. • Anderson Lakes Parkway/Preserve Boulevard intersection improvements including a longer westbound to northbound right turn lane and improved pedestrian and bicycle crossings. • Provide median refuge for pedestrian and bicycle crossings at Franlo Road and Grier Lane. • Install a pump station between Eden Lake and Neill Lake to reduce drawdown time of Eden Lake. The project is currently scheduled for construction in 2018. Financial Implications The Professional Services Agreement with American Engineering Testing has an estimated cost of$23,356. The total estimated project cost estimate is approximately$6 million. Primary funding for the project will be from Municipal State Aid funds. Attachment Professional Services Agreement Standard Agreement for Professional Services This Agreement ("Agreement") is made on the _13 day of June , 20 17 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and American Engineering Testing, Inc. a Minnesota Corporation (hereinafter "Consultant") whose business address is 550 Cleveland Avenue North, St. Paul, MN 55114 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 Geotechnical Services for Preserve Boulevard Reconstruction 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 Letter dated June 6, 2017 ) 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 June 13, 2017 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 $ 23,356.00 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. Standard Agreement for Professional Services 2014.04 Page 2 of 8 C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Megan Hoppe, P.E. to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. Standard Agreement for Professional Services 2014.04 Page 3 of 8 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products — Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Standard Agreement for Professional Services 2014.04 Page 4 of 8 Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations.". g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All General Commercial Liability, Auto Liability, and Umbrella 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. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. I. It shall be Consultant's responsibility to pay any retention or deductible for the coveraeges required herein. Standard Agreement for Professional Services 2014.04 Page 5 of 8 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 thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. Standard Agreement for Professional Services 2014.04 Page 6 of 8 13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 14. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 15. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated Standard Agreement for Professional Services 2014.04 Page 7 of 8 settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: Its: Standard Agreement for Professional Services 2014.04 Page 8 of 8 A AMERICAN CONSULTANTS ENGINEERING ENVIRONMENTAL GEOTECHNICAL TESTING, INC. • MATERIALS FORENSICS June 6, 2017 City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attn: Mr. Randy Newton, Assistant City Engineer RE: Proposal for Geotechnical Services Preserve Boulevard Reconstruction Anderson Lakes Parkway to Prairie Center Drive Eden Prairie, Minnesota Dear Mr. Newton: As requested by Ms. Becky Krugerud with SRF Consulting Group, Inc. (SRF), we are submitting this proposal to conduct subsurface exploration and geotechnical review services for the proposed improvements along Preserve Boulevard between Anderson Lakes Parkway and Prairie Center Drive in Eden Prairie, Minnesota. Based on our discussions with SRF and our understanding of the project, we are submitting this proposal to conduct the following scope of services: Scope Fieldwork • Mark the boring locations based on coordinates provided by SRF. • Clear underground public utilities through the Gopher State One Call system. • Drill and sample 18 standard penetration test (SPT) borings from depths of 5 to 30 feet below the ground surface (210 feet total). • We plan to drill the on-road borings with a conventional truck-mounted drill rig (estimated 1 day). Currently, we plan to drill all off-road borings with an all-terrain drill rig(estimated 2 days). • We will drill the borings using hollow stem augers and/or mud rotary drilling techniques and sample the soil by the split-barrel method (ASTM D1586) at 2.5-foot to 5-foot intervals, except that the pond borings will include continuous sampling for at least 5 feet below the proposed bottom of pond elevation. • Install 1 piezometer at each of the proposed pond locations (2 piezometers total) extending to depths of 20 to 30 feet below the surface (25-foot average). • Provide traffic control as needed in accordance with MnDOT guidelines, including warning signs for 3 days and a crash attenuating truck for 1 day during performance of the on-road borings. 550 Cleveland Avenue North I Saint Paul, MN 55114 Phone(651)659-9001 I (800)972-6364 I Fax(651)659-1379 I www.amengtest.com I AA/EEO This document shall not be reproduced,except in full,without written approval from American Engineering Testing,Inc. Proposal for Geotechnical Services Preserve Boulevard City of Eden Prairie June 6, 2017 -Page 2 of 3 • Backfill the boreholes to comply with the Minnesota Department of Health regulations. • Document the final boring locations relative to the original coordinates. Laboratory • Visually-manually classify the retrieved soils per the AASHTO and Unified Soil Classification Systems. • Conduct water content tests on all soil samples. • Conduct other soil index tests, which will be selected pending conditions; this proposal includes an$800 budget for soil index tests. Report • An outline of our understanding of the proposed construction. • A figure illustrating the soil boring locations. • Subsurface boring logs, including thickness of pavement, aggregate base, and topsoil; soil types;N-values; measured water levels; and laboratory test results. • Descriptions of drilling, sampling, testing, and classification methods. • Review of encountered soil and groundwater conditions, including pertinent engineering properties. • Hydrologic soil group and estimated soil infiltration rates from the Minnesota Stormwater Manual based on the soil types encountered in the pond borings and the laboratory index testing performed. • Recommendations for lift station construction, including support, backfilling, soil types, compaction levels, dewatering, and OSHA soil types. • Recommendations for retaining wall design and construction, including soil types and compaction levels for support and backfilling. • Recommendations for design and construction of a widened roadway embankment and reconstruction of the existing roadway, including subgrade preparation, widening construction, subgrade improvement, soil types, compaction levels, and an estimated subgrade R-value for pavement design. • Discussion of construction considerations for earthwork based on the encountered soil and ground water conditions encountered. Double Ring Infiltration Tests • Conduct up to 2 double-ring infiltrometer tests per ASTM D3385 located within test pits excavated to the proposed bottom elevation of the infiltration practice. • If needed, hire an excavating contractor to excavate the test pits, which we have assumed will be within 7 feet of the existing ground surface. The test pits will be refilled with on-site soils which are compacted via tamping with the excavator bucket. We assume all borings will be located within existing right-of-way. We assume SRF can provide surface elevations from the plan based on the final as-drilled boring location coordinates. American Engineering Testing, Inc. Proposal for Geotechnical Services Preserve Boulevard City of Eden Prairie June 6, 2017 -Page 3 of 3 Environmental Concerns This proposal is presented for geotechnical engineering services to evaluate the structural properties of the soils at the specified site and not to explore for the presence or extent of environmental contamination at the site. However, we will note obvious contamination encountered. This proposal does not cover an environmental assessment of the site; environmental testing of the soil or groundwater; a wetland assessment; or consultation on lead, mold, asbestos, silica, or radon. If you wish to have us provide these additional services, please contact us. Fees Our fees will be invoiced on a time-and-materials basis in accordance with the City of Eden Prairie's Professional Services Agreement for a not to exceed budget of$23,356.00. A detailed breakdown of the estimated hours and fees along with unit rates has been provided to the City under separate cover. Schedule Based on our current schedule and weather permitting, we anticipate our field work can begin about two to three weeks after receiving authorization to proceed or within about one week after receiving a final contract. We expect our drilling field services will take about three days to complete. Preliminary boring logs will be provided following completion of the soil laboratory tests. The final report will be submitted about two weeks after the field work is completed. Remarks If you have questions regarding this proposal,please feel free to contact me. Sincerely, . L. Ho pe, PE Senior Geotechnical Engineer (612) 685-6432 mhoppe@amengtest.com cc: Ms. Becky Krugerud— SRF Consulting Group Inc. American Engineering Testing, Inc. CITY COUNCIL AGENDA DATE: SECTION: Public Hearing June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Economic Development/ Resolution authorizing application to the David Lindahl Department of Employment and Economic IX. A. Development's Minnesota Investment Fund for Artesyn Embedded Technologies Inc. Requested Action Move to: • Close the public hearing; and • Adopt resolution authorizing application to the Department of Employment and Economic Development (DEED) for a $1,000,000 forgivable loan to Artesyn Embedded Technologies Inc. through DEED's Minnesota Investment Fund(MIF). Synopsis Artesyn Embedded Technologies intends to purchase approximately$3,600,000 in equipment over the next two years for their Embedded Power Division located at 7575 Market Place Drive, Eden Prairie. To help offset these costs, they are pursuing a$1,000,000 forgivable loan (grant) through the Department of Employment and Economic Development's (DEED) Minnesota Investment Fund(MIF). This program requires the City to apply for the loan on behalf of the business and act as the conduit between DEED and the business. DEED requires the City where the qualifying business is located to hold a public hearing before submitting an application. Background Artesyn Embedded Technologies Inc. is an international company that designs and manufactures power conversion and embedded computing solutions for a wide range of industries. Their Eden Prairie location is an engineering and design center for their Embedded Power Division and employs 112 full-time employees. To keep costs down and stay competitive in the market, Artesyn recently announced closure of another design center located in Vienna, Austria. To avoid closure of the Eden Prairie facility, Artesyn is requesting MIF funds to assist in purchasing new equipment to increase the capacity of the location. Artesyn anticipates retaining all 112 existing employees and creating 13 new, permanent jobs with an estimated average hourly wage of$36.80. The City Council adopted a similar resolution last year for Clim-A-Tech Industries. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2017- A RESOLUTION AUTHORIZING APPLICATION TO THE DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT'S (DEED)MINNESOTA INVESTMENT FUND (MIF) PROGRAM BE IT RESOLVED that the City of Eden Prairie act as the legal sponsor for the project contained in the Minnesota Investment Fund Application to be submitted on or about June 16, 2017 and that the Mayor and City Manager on behalf of the City are hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the City of Eden Prairie; and BE IT FURTHER RESOLVED that the City of Eden Prairie has the legal authority to apply for financial assistance, and the institutional,managerial, and financial capability to administer the proposed project; and BE IT FURTHER RESOLVED that the City of Eden Prairie has not violated any Federal, State, or local laws pertaining to fraud,bribery,kickbacks, collusion, conflict of interest or other unlawful or corrupt practice; and BE IT FURTHER RESOLVED that upon approval of its application by the State,the City of Eden Prairie may enter into a grant contract with the State of Minnesota for the approved project, and that the City of Eden Prairie certifies that it will comply with all applicable laws, statutes,regulations and rules as stated in the Grant Contract and described in the Project Compliance Certification of the Application; and AS APPLICABLE, BE IT FURTHER RESOLVED that the City of Eden Prairie has obtained credit reports and credit information on Artesyn Embedding Technologies and its owners,Platinum Equity LLC and Emerson Electric Co. Upon review by the City of Eden Prairie,no adverse findings or concerns regarding,but not limited to,tax liens,judgements, court actions, and filings with the state, federal, and other regulatory agencies were identified. Failure to disclose any such adverse information could result in revocation or other legal action. BE IT RESOLVED,that the Mayor and City Manager, or their successors in office, are hereby authorized to execute the Grant Contract, and amendments,thereto, as are necessary to implement the project on behalf of the applicant. ADOPTED by the City Council of the City of Eden Prairie on this 13th day of June, 2017. Nancy Tyra-Lukens,Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Public Hearings June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Code Amendment—Community IX. B. Janet Jeremiah/Steve Durham Center Requested Action Move to: • Close the Public Hearing; and • Approve the first reading of the Ordinance to Amend City Code Section 11.02, and 11.35 to define and add Community Center as a permitted use in the Public Zoning District. Synopsis Similar to a recent code amendment related to schools, this code amendment defines the term community center, revises the purpose statement of the Public zoning district and includes community centers as a permitted use in the Public zoning district. Background Prior to 2011, the term"Public Facility and Services"was defined in City Code. In 2011, a code amendment eliminated the definition of"Public Facilities and Services" as a permitted use in all zoning districts. Certain uses became non-conforming at that time including such uses as schools and community centers. Current code does not define community center. The lack of a definition creates ambiguity in establishing the correct zoning district that best suits this particular land use or service when used in conversation with the community. Staff has conducted a regional and national search for community center definitions and found most codes do identify the term"community center." The City's Community Center is currently located in the Public Zoning District. Planning Commission Review and Recommendation At its May 22, 2017 meeting, the Planning Commission voted 7-0 to recommend approval of the text amendment subject to the information in the staff report dated May 19, 2017. Attachments 1. Ordinance 2. Staff Report dated May 19, 2017 3. Planning Commission Minutes May 22, 2017 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02, AND 11.35 RELATING TO COMMUNITY CENTER IN THE PUBLIC ZONING DISTRICT; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.02 is hereby amended by inserting a new definition for Community Center as follows: (items to be renumbered) "Community Center"—A place or establishment designed as a gathering place for people from the community and surrounding communities that offers, as its primary purpose, civic, social, cultural, educational,public health, and recreational activities provided however the principal use of which is not a private school, public school, place of worship or day care as defined by City Code. Section 2. City Code Chapter 11, Section 11.35, Subd. 1. Purposed 1. Is hereby amended by inserting the following: (add text underlined) Subd. 1. Purposes. The purposes of the PUB —Public District are to provide a procedure for the orderly establishment of public facilities, expansion of their operations or change in the use of land owned by governmental agencies or entities that operate places of worship, cemeteries, private schools, and community centers as defined by City Code and for identification of drainage ways and floodplains. Section 2. City Code Chapter 11, Section 11.35, Subd. 2. Permitted Uses is hereby amended by inserting the following: I. Community Center. Section 4. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. 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 th day of MONTH, 2017, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 2017. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2017. STAFF REPORT TO: Planning Commission FROM: Steve Durham, Planner II DATE: May 19, 2017 SUBJECT: Code Amendment — Community Center Definition and Permitted Use BACKGROUND: Prior to 2011, the phrase "Public Facility and Services" was defined in City Code as "Those facilities owned by any governmental unit and those services related to electric,gas,telephone,and cablevision utilities."In 2011 a code amendment eliminated the definition of"public facilities and services"as a permitted use in all zoning districts.The term public facilities was replaced with the term Public Infrastructure which has a much narrower definition and does not address such uses as schools or community centers. To rectify this situation, the City reviewed and approved a text amendment in 2016 to define schools and provide them as a permitted use in the Public zoning district. Similarly, this code amendment proposed to address community centers. The purpose of this amendment is to define community center and identify the appropriate zoning district location for community centers and remove ambiguity from the term when used in conversation with the community. In recent years the term "community center" to describe a land use, has been utilized in broad context conversations with the inquiring public. The term used by the public generally is an all- inclusive term which may include recreational use, civic or educational purposes, cultural experiences, daycare as an accessory use, social facility use, etc. Current code does not define community center. The lack of a definition creates ambiguity in determining the correct zoning district that best suits this particular land use or service.The City's Community Center is currently located in the Public Zoning District. DISCUSSION: To remove this ambiguity for the term Community Center,staff recommends a code amendment to define community center and clarify the appropriate zoning district that community centers may locate. Staff has completed regional and national search for community center definitions. Staff found most surrounding communities do define the term community center.Staff proposes the following definition to be added to City Code: "Community Center"—A place or establishment designed as a gathering place for people from the community and surrounding communities that offers, as its primary purpose, civic, social, cultural, educational, public health, and recreational activities provided however the principal Staff Report—Code Change—Community Center definition and permitted use May 19, 2017 Page 2 use of which is not a private school, public school, place of worship or daycare as defined by City Code. Staff further proposes that Section 11. 35 of the City Code be amended as follows: Subd. 1. Purposes. The purposes of the PUB—Public District are to provide a procedure for the orderly establishment of public facilities, expansion of their operation or change in the use of land owned by governmental agencies or entities that operate places of worship, cemeteries,private schools, and community centers as defined by City Code and for identification of drainage ways and flood plains. (Language that is underlined is proposed for addition). Staff also proposes that community centers be added as a permitted use in the Public Zoning District as operations identified in the proposed definition are consistent with the purposes and intent of the Public zoning district. STAFF RECOMMENDATION: Staff recommends approval of the following: Amend Section 11.02 Definitions to include a definition for Community Center; Amend Section 11.35 Public District to revise the purpose statement for the Public Zoning District and to include Community Center as a permitted use, as represented in the Planning Commission Staff report dated May 19, 2017. 2 UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,MAY 22, 2017 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Travis Wuttke, Ann Higgins, Charles Weber, Andrew Pieper, Ed Farr, Mark Freiberg, Michael DeSanctis, Christopher Villareal 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 Vice Chair Farr called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE—ROLL CALL Kirk and Pieper were absent. IIII. APPROVAL OF AGENDA MOTION: Weber moved, seconded by Higgins, to approve the agenda. Motion carried 7-0. IV. MINUTES A. PLANNING COMMISSION MEETING HELD ON MAY 8, 2017 Farr had three grammatical errors on page 3, paragraph 6. In the first sentence he wanted right-away, changed to right-of-way. In the second sentence he would like it to read, "In the preliminary plat there are no connecting utilities to units one and two. In the seventh sentence he would like it to read, "Mr. Blake". Freiberg had a change on page 3, paragraph 7, first sentence. He would like the word"Committee" changed to "Commission". MOTION: Weber moved, seconded by Wuttke, to approve the amended Planning Commission minutes dated May 8, 2017. Motion carried 7-0. PLANNING COMMISSION MINUTES May 22, 2017 Page 2 V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS A. CODE AMENDMENT RELATED TO COMMUNITY CENTERS Request to: • Amend the City Code Chapter 11 relating to the community center definition and permitted uses. Klima stated this is a code amendment request to define community center and clarify the appropriate zoning district that community centers may be located in. Prior to 2011, the phrase "Public Facility and Services"was defined in the City Code as "Those facilities owned by any governmental unit and those services related to electric, gas, telephone, and cablevision utilities." In 2011, a code amendment eliminated the definition of"public facilities and services" as a permitted use in all zoning districts. The term public facilities was replaced with the term Public Infrastructure which has a much narrower definition and does not address such uses as schools or community centers. To rectify this situation, the City reviewed and approved a text amendment in 2016 to define schools and provide them as a permitted use in the Public zoning district. Similarly, this code amendment was proposed to address community centers. Staff proposes the following definition to be added to the City Code: "Community Center"—A place or establishment designed as a gathering place for people from the community and surrounding communities that offers, as its primary purpose, civic, social, cultural, educational,public health, and recreational activities provided however the principal use of which is not a private school, public school,place of worship or daycare as defined by City Code. Staff further proposes that Section 11.35 of the City Code be amended as follows: Subd. 1. Purposes. The purposes of the PUB— Public District are to provide a procedure for the orderly establishment of public facilities, expansion of their operation or change in the use of land owned by governmental agencies or entities that operate places of worship, cemeteries,private schools, and community centers as defined by City Code and for identification of drainage ways and flood plains. Staff also proposes that community centers be added as a permitted use in the Public Zoning District as operations identified in the proposed definition are consistent with the purposes and intent of the Public zoning district. DeSanctis asked if broadening of the definition would increase liability. Klima said it would not create additional liability. PLANNING COMMISSION MINUTES May 22, 2017 Page 3 Wuttke asked if referring to place of worship and schools in the definition, in purposes creates confusion. Klima said they are described elsewhere in the code so it would not create confusion. Vice Chair Farr asked if community facilities create a concern under the commercial district. Klima said it does not create a concern as these uses area specifically being defined and provided as permitted uses in the appropriate zoning districts. Vice Chair Farr opened the meeting up for public input. There was no input. Vice Chair Farr asked, in regards to types of facilities, libraries are missing so would they warrant separate use. Klima said libraries will be another use that could come forward before the Commission. MOTION: Weber moved, seconded by Wuttke, to close the public hearing. Motion carried 7-0. MOTION: Weber moved, seconded by Wuttke, to recommend approval to amend City Code Chapter 11 related to the community center definition and permitted uses based on the information included in the staff report dated May 19, 2017. Motion carried 7-0. VIII. PLANNERS' REPORT There was no Planners' Report. IX. MEMBERS' REPORT Wuttke congratulated the Planning Commission members for winning Jeopardy at the annual Commission Banquet. X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION: Wuttke moved, seconded by Weber, to adjourn the Planning Commission meeting. Motion carried 7-0. Vice Chair Farr adjourned the meeting at 7:13 p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Payment of Claims X. City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 253269 - 253785 Wire Transfers 1016973 - 1017213 Wire Transfers 6120 - 6149 Purchasing Card 6149 City of Eden Prairie Council Check Summary 6/13/2017 Division Amount Division Amount 30,536 308 E-911 16,483 100 City Manager 2,427 309 DWI Forfeiture 42 101 Legislative 5,831 315 Economic Development 6,828 102 Legal Counsel 42,081 316 WAFTA 50 110 City Clerk 591 445 Cable PEG 1,079 111 Customer Service 12,128 502 Park Development 47,250 112 Human Resources 588 509 CIP Fund 51,414 113 Communications 17,138 522 Improvement Projects 2006 2,567 114 Benefits&Training 6,664 527 CIP-Leasing Costs 177,440 130 Assessing 3,152 528 Shady Oak Rd-CR 61 North 950 131 Finance 3,039 529 Shady Oak Rd-CR 61 South 143,289 132 Housing and Community Services 5,205 531 Eden Prairie Road 255 133 Planning 4,530 532 EP Road Connect Flying Cloud 6,284 136 Public Safety Communications 2,677 536 General LRT 80,872 137 Economic Development 5,231 802 494 Commuter Services 47,756 138 Community Development Admin. 452 804 100 Year History 231 151 Park Maintenance 50,464 Total Capital Projects Fund 582,791 153 Organized Athletics 6,759 154 Community Center 35,514 601 Prairie Village Liquor 178,499 156 Youth Programs 30,686 602 Den Road Liquor 304,154 157 Special Events 1,230 603 Prairie View Liquor 216,482 158 Senior Center 8,608 605 Den Road Building 1,415 159 Recreation Administration 1,000 701 Water Enterprise Fund 230,131 160 Therapeutic Recreation 63 702 Wastewater Enterprise Fund 372,949 161 Oak Point Pool 2,547 703 Stormwater Enterprise Fund 53,863 162 Arts 3,695 Total Enterprise Fund 1,357,492 163 Outdoor Center 695 168 Arts Center 2,057 803 Escrow Fund 8,539 180 Police 21,558 806 SAC Agency Fund -25 184 Fire 71,166 807 Benefits Fund 1,202,641 186 Inspections 2,389 809 Investment Fund 1,268 200 Engineering 7,073 811 Property Insurance 6,003 201 Street Maintenance 22,604 812 Fleet Internal Service 58,991 202 Street Lighting 36,358 813 IT Internal Service 230,828 Total General Fund 446,736 814 Facilities Capital ISF 50,753 815 Facilites Operating ISF 41,415 301 CDBG 6,972 816 Facilites City Center ISF 180,958 303 Cemetary Operation 567 817 Facilites Comm.Center ISF 82,091 Total Special Revenue Fund 7,539 Total Internal Svc/Agency Funds 1,863,462 434 2008A Capital Equipment Notes 353,645 Report Total 4,644,614 435 2008B G.O.Improvement Bonds 1,875 437 G.O.Penn.Improv.2010A 13,680 440 GO Penn Impr Ref Bonds 2011D 16,869 442 2012B G.O.Refund Capital Imp 525 Total Debt Service Fund 386,594 City of Eden Prairie Council Check Register by GL 6/13/2017 Check# Amount Supplier/Explanation Account Description Business Unit Comments 6145 415,969 WELLS FARGO BANK MINNESOTA NA Principal Wastewater Capital Bond Payments 253633 333,073 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Wasterwater Collection Wastewater fee June'17 253736 267,221 HEALTHPARTNERS Accounts Receivable Health and Benefits Premiums June'17 6142 254,054 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll taxes 6127 248,209 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll taxes 253380 177,440 SUPERVALU Other Contracted Services CIP-Leasing Costs Tenant improvement Funds 6140 160,380 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 6125 160,159 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA 253626 115,000 LSREF4 BISON LLC Right of Way&Easement Shady Oak Rd-CR 61 South Final acquisition pymt for Shady Oak 1017096 114,216 XCEL ENERGY Electric Street Lighting Multi location electric bill 6123 104,526 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Apr'17 Sales Tax 1017036 103,494 SHI CORP Software Maintenance IT Operating MS enterprise renewal 253323 96,984 HENNEPIN COUNTY TREASURER Licenses,Taxes,Fees City Hall-Direct Costs 253750 75,154 MN DEPT TRANSPORTATION Improvement Contracts General LRT 6149 56,273 US BANK Conference/Training Wastewater Lift Station 253614 52,705 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1017131 47,292 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Rehab 253447 39,560 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 253494 38,126 WORKS COMPUTING INC Hardware-Rpr&Mtc IT Capital 1017078 37,662 ESS BROTHERS&SONS INC Equipment Parts Stormwater Collection 253748 35,666 MINGER CONSTRUCTION INC Improvements to Land Park Acquisition&Development 1017133 35,125 LOGIS LOGIS IT Operating 253479 35,104 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1017127 33,547 FRONTIER PRECISION INC Autos Utility Operations-General 1017012 27,430 CLAUDE'S CERAMIC TILE INC Other Contracted Services Facilities Capital 253672 24,965 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 6144 23,960 EMPOWER Deferred Compensation Health and Benefits 6129 23,877 EMPOWER Deferred Compensation Health and Benefits 1017182 23,861 CENTERPOINT ENERGY SERVICES INC Gas Water Treatment 253612 23,165 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 1017004 23,127 WSB&ASSOCIATES INC Other Contracted Services Capital Maint.&Reinvestment 1017013 23,090 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 253537 23,081 ABM ONSITE SERVICES-MIDWEST Tenant 1 -Cleaning Suppli Utility Operations-General 1017126 22,828 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 253331 22,525 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 253743 21,840 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 253558 21,802 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 1017140 20,977 PARROTT CONTRACTING INC Equipment Repair&Maint Water Distribution 253410 20,165 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 253289 19,515 C S MCCROSSAN CONSTRUCTION INC Improvement Contracts Shady Oak Rd-CR 61 South 1017194 19,350 JEFFERSON FIRE&SAFETY INC Small Tools Fire 253758 18,710 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 253772 18,474 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 6143 18,052 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 253660 17,579 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 253557 17,424 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 253746 17,051 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 1017184 17,040 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 6128 16,898 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 1017031 16,448 PEARSON BROTHERS INC Sweeping Stormwater Non-Capital 253728 16,000 EMERGENCY COMMUNICATIONS NETWORK INC Other Contracted Services E-911 Program 1017143 14,992 SRF CONSULTING GROUP INC Design&Engineering Escrow 253780 14,971 VERIZON WIRELESS Capital Under$25,000 IT Operating 253760 13,795 PRAIRIEVIEW RETAIL LLC Other Contracted Services Prairie View Liquor Store 253411 13,755 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 253561 13,694 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 253290 13,552 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 6139 13,506 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission 253742 12,930 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 253597 12,789 GRAYMONT Treatment Chemicals Water Treatment 253373 12,763 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 253705 12,270 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 6120 12,270 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 6124 11,227 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission 253709 11,207 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 253287 11,107 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Den Road Liquor Store 253453 11,020 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 6147 10,888 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 253652 10,777 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1017043 10,430 WALL TRENDS INC Contract Svcs-General Bldg Facilities Capital 253480 10,152 SPIRIT APPAREL AND STUFF Clothing&Uniforms Playgrounds 253446 10,111 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 253311 9,662 FIRE SAFETY USA INC Equipment Parts Fire 6136 9,623 SELECT ACCOUNT HSA Health and Benefits 253653 9,499 PHOTOSHELTER INC Software IT Operating 1017035 9,490 REINDERS INC Chemicals Park Maintenance 253398 9,202 AMERICAN WATER WORKS ASSOCIATION Dues&Subscriptions Utility Operations-General 1017023 8,746 MENARDS Repair&Maint.Supplies Pioneer Park(EP Road) 253733 8,551 GRAYMONT Treatment Chemicals Water Treatment 253316 8,482 GRAYMONT Treatment Chemicals Water Treatment 253437 8,368 GENERAL OFFICE PRODUCTS COMPANY Other Contracted Services Fitness/Conference-Cmty Ctr 253385 8,350 TOWN&COUNTRY FENCE Contract Svcs-General Bldg Police City Center 253478 8,250 SOCCER SHOTS Instructor Service Preschool Events 1017190 8,100 GRAYBAR Operating Supplies Street Lighting 253591 7,939 FIRST MINNETONKA CITY BANK Deposits 494 Corridor Commission 253684 7,814 VISION TECHNOLOGY SOLUTIONS,LLC Other Contracted Services Communications 253606 7,800 HENNEPIN TECHNICAL COLLEGE Tuition Reimb-College Core Fire 253286 7,675 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 253756 7,564 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 253706 7,505 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 1017056 7,492 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 253412 7,431 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 1017197 7,386 METRO SALES INCORPORATED* Other Rentals IT Operating 1017191 7,333 HANSEN THORP PELLINEN OLSON Design&Engineering Capital Maint.&Reinvestment 253691 6,980 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1017111 6,826 SITEONE LANDSCAPE SUPPLY,LLC Landscape Materials/Supp Round Lake Check# Amount Supplier/Explanation Account Description Business Unit Comments 253589 6,816 FIRE CATT LLC Equipment Testing/Cert. Fire 1017207 6,645 SRF CONSULTING GROUP INC Design&Engineering Engineering 253661 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 253594 6,174 GERTENS Tuition Reimbursement/School Capital Outlay Parks 253469 5,877 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 253632 5,717 METRO TRANSIT Design&Engineering General LRT 1017071 5,599 WENCK ASSOCIATES INC OCS-Studies Stormwater Non-Capital 253553 5,428 BLOOMINGTON HEATING&AIR Other Contracted Services Rehab 253359 5,361 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1017132 5,190 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 253390 5,067 VERIZON WIRELESS Telephone IT Operating 253343 5,000 MCCD Other Contracted Services Economic Development 253671 5,000 SOUTHDALE YMCA YOUTH DEVELOPMENT PROGRAM Other Contracted Services Housing and Community Service 6131 4,984 SELECT ACCOUNT FSA-Dependent Care Health and Benefits 253546 4,983 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 6138 4,721 SELECT ACCOUNT FSA-Dependent Care Health and Benefits 1017153 4,606 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 253625 4,504 LEGACY GYMNASTICS Instructor Service Lesson Skills Development 253332 4,347 JOHNSON CONTROLS Contract Svcs-HVAC Pool Maintenance 253439 4,315 GRAYMONT Treatment Chemicals Water Treatment 6148 4,300 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 253566 4,249 CLIFTONLARSONALLEN LLP Audit&Financial Organizational Services 1017093 4,240 WALL TRENDS INC Other Contracted Services Senior Center 253690 4,221 WILSONS NURSERY INC Landscape Materials/Supp Capital Maint.&Reinvestment 253638 4,184 MINTAHOE INC Miscellaneous City Council 1017179 4,014 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 253721 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund 253755 3,973 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 1017006 3,894 A-SCAPE INC Contract Svcs-Lawn Maint Fire Station#5 253782 3,785 WACONIA TREE FARMS Landscape Materials/Supp Capital Maint.&Reinvestment 253739 3,734 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 253569 3,719 COMMERCIAL ASPHALT CO Asphalt Overlay Stormwater Collection 253457 3,714 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 253631 3,600 MESSERLI&KRAMER Deposits 494 Corridor Commission 253321 3,597 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 1017082 3,501 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 253324 3,376 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 253440 3,365 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 253406 3,356 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 253274 3,353 ALADTEC INC Other Contracted Services Fire 253467 3,347 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 253277 3,342 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 253735 3,254 HD SUPPLY WATERWORKS LTD Equipment Parts Water Distribution 1017213 3,192 XCEL ENERGY Electric Traffic Signals 253330 3,184 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 253738 3,182 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1017076 3,171 CENTERPOINT ENERGY Gas Senior Center 253444 3,169 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1017075 3,135 BIFFS INC Waste Disposal Park Maintenance 253627 3,135 LUBE-TECH&PARTNERS LLC Lubricants&Additives Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 1017120 3,124 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 253539 3,098 AGGREGATE INDUSTRIES Asphalt Overlay Street Maintenance 253394 3,063 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1017069 3,026 VAN PAPER COMPANY Janitor Service Fitness/Conference-Cmty Ctr 253281 3,000 AVILLO ANTHONY Conference/Training Fire 253360 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 1017144 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply(Wells) 6132 2,953 SELECT ACCOUNT FSA-Dependent Care Health and Benefits 253326 2,932 HOUSEAL LAVIGNE ASSOCIATES Other Contracted Services Planning 6146 2,930 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration 253292 2,924 CENTURYLINK Telephone City Hall-CAM 253459 2,907 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 1017175 2,878 VAN PAPER COMPANY Cleaning Supplies Public Works/Parks 253465 2,825 OSINSKY ANDREI Reimbursement-attorney review Escrow 1017103 2,757 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 253741 2,754 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 253401 2,750 MAYFIELD MARK Other Contracted Services Senior Center Programs 1017118 2,739 ADVANCED ENGINEERING&ENVIRONMENTAL SE Equipment Repair&Maint Water Treatment 253491 2,721 WELSH COMPANIES Contract Svcs-General Bldg Property Insurance 253784 2,700 WILSONS NURSERY INC Landscape Materials/Supp Capital Maint.&Reinvestment 6121 2,666 AMERICAN EXPRESS Bank and Service Charges Finance 1017021 2,619 JASPER ENGINEERING&EQUIPMENT COMPANY Equipment Parts Water Treatment 1017002 2,605 VINOCOPIA Liquor Product Received Den Road Liquor Store 253427 2,547 EDEN PRAIRIE SCHOOL Other Contracted Services Oak Point Operations 1017088 2,535 RIVERS EDGE CONCRETE Asphalt Overlay Dunn Brothers 253325 2,533 HOPKINS SCHOOL DISTRICT ISD270 Fiber Lease Payments IT Operating 253555 2,512 BOLGER Deposits 494 Corridor Commission 253550 2,462 Bent Creek Golf Club Operating Supplies Reserves 253389 2,447 VELOCITY STREETWEAR INC Equipment Repair&Maint Fire 253329 2,320 INTERTECH INC Contract Development IT Operating 253611 2,320 INTERTECH INC Contract Development IT Operating 1017068 2,305 SITEONE LANDSCAPE SUPPLY,LLC Landscape Materials/Supp Park Maintenance 253456 2,300 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 253698 2,251 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 253702 2,209 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 1017000 2,157 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 1017086 2,154 PRAIRIE ELECTRIC COMPANY Contract Svcs-General Bldg City Hall-CAM 253579 2,149 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1017095 2,145 WM MUELLER AND SONS INC Patching Asphalt Water Distribution 253726 2,126 EARL F ANDERSEN INC Signs Traffic Signs 253753 2,104 NORTHSTAR MUDJACKING&MORE LLC Mudjacking Curbs Capital Maint.&Reinvestment 253607 2,075 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1017212 2,003 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 253383 2,000 THOR ENTERPRISES INC Other Contracted Services TIF-EDEN SHORES SENIOR HOUSING 253534 2,000 A.M.PHOTOGRAPHY Other Contracted Services Communications 253656 2,000 PROMO WORLD LLC Deposits 494 Corridor Commission 253559 1,948 BRYAN ROCK PRODUCTS INC Gravel Water Distribution 1017198 1,945 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 253278 1,935 ARVIG Fiber Lease Payments IT Operating 253452 1,921 MACQUEEN EQUIPMENT INC Equipment Parts Wasterwater Collection Check# Amount Supplier/Explanation Account Description Business Unit Comments 253339 1,905 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 253340 1,886 LOCKER GUY,THE Supplies-General Bldg Fitness/Conference-Cmty Ctr 253697 1,873 ARTEKA COMPANIES Other Contracted Services Street Maintenance 253407 1,855 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 1017072 1,848 WSB&ASSOCIATES INC Design&Engineering Stormwater Non-Capital 253613 1,812 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 1017128 1,802 GENUINE PARTS COMPANY Equipment Parts Fleet Operating 253492 1,769 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 253551 1,757 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 253408 1,730 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 253749 1,715 MINNESOTA FIRE SERVICE CERTIFICATION BOA Dues&Sub-Cert&Licensing Fire 253318 1,700 GYM WORKS Equipment Repair&Maint Fitness Center 253543 1,698 APPLIANCE OUTLET CENTER Supplies-General Bldg Fire Station#4 1017136 1,694 MINNESOTA RECREATION&PARK ASSOCIATION Special Event Fees Softball 253344 1,675 MEDICINE LAKE TOURS Special Event Fees Trips 1017187 1,662 GARTNER REFRIGERATION&MFG INC Contract Svcs-Ice Rink Ice Arena Maintenance 1017094 1,646 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 1017147 1,633 STREICHERS Clothing&Uniforms Police 1017015 1,591 FILTRATION SYSTEMS Supplies-HVAC Ice Arena Maintenance 253356 1,572 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 253650 1,568 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 253363 1,500 R&H PANTING LLC Equipment Repair&Maint Wasterwater Collection 253724 1,485 DUNSMORE ASPHALT INC Asphalt Overlay Street Maintenance 1017014 1,479 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment 253540 1,451 AMERICAN ENGINEERING TESTING INC Testing Shady Oak Rd-CR 61 South 253545 1,450 ARENA SERVICES AND PRODUCTS Contract Svcs-Ice Rink Ice Arena Maintenance 1017011 1,430 CENTERPOINT ENERGY Gas Wastewater Lift Station 253687 1,408 WACONIA TREE FARMS Landscape Materials/Supp Capital Outlay Parks 253384 1,403 TKO WINES,INC Liquor Product Received Den Road Liquor Store 253471 1,380 PLASTIC BAG MART Liquor Product Received Prairie Village Liquor Store 253283 1,378 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 253298 1,377 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1017151 1,360 VISTAR CORPORATION Merchandise for Resale Concessions 1017141 1,351 POMP'S TIRE SERVICE INC Tires Fleet Operating 1017070 1,347 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 253404 1,343 AGGREGATE INDUSTRIES Asphalt Overlay Street Maintenance 253657 1,334 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION Deposits 494 Corridor Commission 1017105 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM 1016982 1,326 ELLIS,ROBERT Tuition Reimbursement/School Organizational Services 253639 1,308 MN MECHANICAL SOLUTIONS INC Equipment Repair&Maint Water Treatment 253602 1,302 HALO BRANDED SOLUTIONS Deposits 494 Corridor Commission 253629 1,296 MEDICINE LAKE TOURS Special Event Fees Trips 1017129 1,281 GRAINGER Repair&Maint. Supplies Water Treatment 253570 1,280 CORPORATE TECHNOLOGIES Deposits 494 Corridor Commission 253388 1,268 US BANK Interest Investment Fund 253473 1,258 PRAIRIE VIEW FRAMING INC Other Contracted Services Communications 253291 1,250 CENTURY COLLEGE Conference/Training Fire 253696 1,237 AGGREGATE INDUSTRIES Asphalt Overlay Street Maintenance 253664 1,210 SIGNATURE MEDIA GROUP INC Seal Coating Street Maintenance 253720 1,207 CUMMINS NPOWER LLC Lubricants&Additives Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 1017099 1,200 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1017109 1,195 PROSOURCE SUPPLY Supplies-General Bldg Fitness/Conference-Cmty Ctr 253634 1,190 MILLER DUNWIDDIE Other Contracted Services Heritage Preservation 253654 1,190 PRAIRIE EQUIPMENT COMPANY Repair&Maint.Supplies Wasterwater Collection 6137 1,178 SELECT ACCOUNT Other Contracted Services Health and Benefits 253595 1,176 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 253768 1,149 SIGNSOURCE Signs Park Maintenance 1017108 1,132 PROFORMA Operating Supplies Customer Service 253428 1,123 EHLERS&ASSOCIATES INC Deposits Escrow 1017020 1,112 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 253604 1,100 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Other Contracted Services Rehab 253759 1,100 PRAIRIE RESTORATIONS INC Other Contracted Services Park Maintenance 253541 1,092 AMERICAN KARATE STUDIO INC Instructor Service Lesson Skills Development 1016973 1,090 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Outdoor Center Facilities 253352 1,089 NORTHLAND MECHANICAL CONTRACTORS Equipment Repair&Maint Water Treatment 1017032 1,088 POMP'S TIRE SERVICE INC Tires Fleet Operating 1017148 1,080 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 1017019 1,079 GRANICUS INC Equipment Repair&Maint Cable PEG 253319 1,077 HD SUPPLY WATERWORKS LTD Repair&Maint. Supplies Park Maintenance 1017074 1,068 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 253779 1,063 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance 1017115 1,053 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 253362 1,049 PROFESSIONAL FOOD SERVICE Special Event Fees Senior Center Programs 1016997 1,033 STONEBROOKE Autos Fleet Operating 6130 1,028 SELECT ACCOUNT FSA-Medical Health and Benefits 253285 1,023 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 253317 1,018 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions 253328 1,000 INNOVATIVE UNDERGROUND INC. Machinery&Equipment Park Acquisition&Dev Fixed A 253364 986 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Hall-CAM 1017203 985 PRAIRIE ELECTRIC COMPANY Contract Svcs-Elect Fitness/Conference-Cmty Ctr 253432 965 FIRE SAFETY USA INC Small Tools Fire 253575 960 DALE GREEN COMPANY,THE Landscape Materials/Supp Street Maintenance 1017180 955 BOYER TRUCKS Equipment Repair&Maint Fleet Operating 253676 955 STAPLES ADVANTAGE Office Supplies Police 253443 950 HOEHN,JEREMY Travel Expense Fire 253393 950 WARNING LITES Improvement Contracts Shady Oak Rd-CR 61 North 1017161 943 HACH COMPANY Laboratory Chemicals Water Treatment 1017178 935 YOUNGSTEDTS COLLISION CENTER Insurance Property Insurance 253396 923 WONDERLIC INC Employment Support Test Fire 253375 921 SPOK,INC. Pager&Cell Phone IT Operating 253565 905 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 253476 900 SCOTT NELSON COACHING INC Conference/Training Fire 253445 900 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 253297 887 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 253730 885 GARDNER BUILDERS Insurance Property Insurance 253333 885 JOHNSON LITHO GRAPHICS OF EAU CLAIRE LTD Printing Community Center Admin 253423 873 DISPLAY SALES Supplies-General Bldg Water Treatment 253425 871 EARL F ANDERSEN INC Printing Traffic Signs 1017208 868 STREICHERS Clothing&Uniforms Police 1017073 865 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 253430 860 ERGOMETRICS Other Contracted Services Organizational Services 1017117 860 WENCK ASSOCIATES INC Design&Engineering Stormwater Non-Capital 253315 850 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 253387 850 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Basketball 1017134 849 MENARDS Operating Supplies Athletic Programs Admin 1017192 845 IDENTISYS Equipment Repair&Maint Public Safety Communications 253293 820 CENTURYLINK Telephone IT Operating 253342 807 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 1017040 807 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 1017045 805 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 253723 783 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 253729 775 FLAGSHIP MARINE COMPANY Other Contracted Services Smetana Park 1017116 769 W P&R S MARS CO Operating Supplies Fleet Operating 253776 766 TURFWERKS Equipment Parts Fleet Operating 253397 765 WORKS COMPUTING INC Other Contracted Services IT Operating 253692 764 YORKTOWN OFFICES Deposits 494 Corridor Commission 1017009 750 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 253464 750 ONSITE MEDICAL SERVICE INC Employment Support Test Organizational Services 1017038 750 STREICHERS Clothing&Uniforms Police 253495 735 WRS IMPORTS Liquor Product Received Den Road Liquor Store 1017176 730 VINOCOPIA Liquor Product Received Prairie View Liquor Store 253462 725 MONROE,MICHAEL Other Contracted Services Arts in the Park 1017183 716 CONCRETE CUTTING&CORING INC Equipment Parts Capital Outlay Parks 253275 715 ANCOM COMMUNICATIONS INC Other Assets Public Safety Communications 1017135 707 METRO SALES INCORPORATED* Office Supplies 494 Corridor Commission 1017189 706 GRAINGER Repair&Maint. Supplies City Center Operations 253295 706 CHANKASKA CREEK RANCH&WINERY,LLC Liquor Product Received Prairie Village Liquor Store 253667 705 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 253603 705 HD SUPPLY WATERWORKS LTD Repair&Maint. Supplies Water Distribution 253371 699 SNAP-ON TOOLS Small Tools Fleet Operating 253744 691 KEEPRS INC. Clothing&Uniforms Police 253485 690 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 253547 680 AT YOUTH SPORTS Instructor Service Tennis 1017186 680 FASTSIGNS Printing Winter Theatre 253307 675 DEPARTMENT OF CORRECTIONS Other Contracted Services Park Maintenance 253421 675 DEPARTMENT OF CORRECTIONS Other Contracted Services Park Maintenance 1017158 665 BOUNDLESS NETWORK Operating Supplies Ice Operations 6122 663 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 253312 663 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 253461 650 MNFIAM BOOK SALES Tuition Reimb-College Core Fire 253785 650 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 253322 648 HENNEPIN COUNTY lIT DEPT Equipment Repair&Maint IT Operating 1017028 643 NUCO2 INC Supplies-Pool Pool Maintenance 1017033 631 PRAIRIE ELECTRIC COMPANY Other Contracted Services City Hall-CAM 253381 631 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 253680 630 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 253679 630 SYMBOLARTS Operating Supplies Police 1017030 624 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 1016985 611 GREENSIDE INC Contract Svcs-Lawn Maint. City Hall-CAM 253700 608 BCA-CJIS CRIMINAL HISTORY ACCESS UNIT Employment Support Test Fire Check# Amount Supplier/Explanation Account Description Business Unit Comments 1017018 604 GRAINGER Supplies-Fire/Life/Safety City Hall-CAM 253754 600 PARKING MARKING INC Other Contracted Services Capital Maint.&Reinvestment 1017080 595 GOVERNMENT FINANCE OFFICERS ASSN Dues&Subscriptions Finance 1017008 594 BANK BEER CO Liquor Product Received Den Road Liquor Store 253688 594 WATER CONSERVATION SERVICES INC OCS-Utility Locates Water Distribution 1017167 588 PARK SUPPLY OF AMERICA INC Supplies-Plumbing City Hall-CAM 253483 586 SUNBURST CHEMICALS INC Supplies-Garden Rm/Cafeteria City Hall-CAM 253463 584 NORTHLAND RECREATION LLC Equipment Repair&Maint Park Maintenance 253734 582 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 253648 575 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 253414 559 CENTURYLINK Other Broadband Internet IT Operating 253314 559 GLOBAL EQUIPMENT COMPANY Safety Supplies Fleet Operating 253313 559 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 1017122 555 BOBBY&STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair&Maint Police 253288 554 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Park Maintenance 1017125 554 DAIKIN APPLIED Contract Svcs-HVAC City Center Operations 1017121 554 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1017106 551 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 253574 550 D H EXCAVATING Other Contracted Services Pleasant Hill Cemetery 253306 550 CONSTRUCTION MATERIALS INC Small Tools Street Maintenance 253732 541 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 253703 540 BLOOMINGTON,CITY OF Kennel Services Animal Control 1017044 538 WATSON CO INC,THE Merchandise for Resale Concessions 1017139 535 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment 253649 527 PARK NICOLLET CLINIC Employment Support Test Organizational Services 253689 525 WELLS FARGO BANK MINNESOTA NA Paying Agent 2012B GO Refund Capital Improv 1017016 523 FORKLIFTS OF MINNESOTA INC Equipment Repair&Maint Utility Operations-General 1017138 522 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1017047 521 XCEL ENERGY Electric Forest Hills Park 1017098 519 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 1017081 518 GRAINGER Supplies-General Bldg Water Metering 1016978 517 BOUNDLESS NETWORK Clothing&Uniforms Facilities Staff 1017007 509 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 1017142 507 RIVERS EDGE CONCRETE Building Materials Capital Maint.&Reinvestment 253305 506 COMMERCIAL ASPHALT CO Patching Asphalt Street Maintenance 253341 504 LUBE-TECH&PARTNERS LLC Lubricants&Additives Fleet Operating 253458 502 MINNESOTA SAFETY SERVICES LLC Instructor Service Pool Lessons 253571 502 COSTCO Miscellaneous Senior Center Programs 1017177 502 W P&R S MARS CO Operating Supplies Fleet Operating 253451 500 LETHO&WRIGHT Other Contracted Services Arts in the Park 253628 500 MARTIN-MCALLISTER Employment Support Test Organizational Services 253498 496 PETTY CASH-POLICE DEPT Operating Supplies Fleet Operating 1017083 492 KIDCREATE STUDIO Other Contracted Services Arts Center 253455 488 MASTER CRAFT LABELS INC Fire Prevention Supplies Fire 1017145 486 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Communications 253522 484 MARSHALL SHANNAN AR Utility Water Enterprise Fund 253431 484 FIELD ENVIRONMENTAL CONSULTING Other Contracted Services Fitness/Conference-Cmty Ctr 1017119 483 AMERITRAK Other Contracted Services Snow&Ice Control 253616 480 KAISER,DAVID S Contract Svcs-General Bldg Fire Station#1 253374 477 SPARTAN PROMOTIONAL GROUP INC Operating Supplies Special Events(CC) Check# Amount Supplier/Explanation Account Description Business Unit Comments 1017202 477 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs-Roof Fire Station#3 253751 477 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 253449 472 KREMER MELANIE P&R Refunds Community Center Admin 253351 470 NAC Contract Svcs-Plumbing City Center Operations 253774 470 STAPLES ADVANTAGE Office Supplies Customer Service 253466 465 PAPCO INC Janitor Service City Hall-CAM 253336 460 KAISER,DAVID S Equipment Repair&Maint Ice Operations 253585 455 EMPLOYER SOLUTIONS STAFFING GROUP Deposits 494 Corridor Commission 1017185 451 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 253486 450 TEDDY BEAR BAND Other Contracted Services Arts in the Park 253442 450 HD SUPPLY WATERWORKS LTD Equipment Repair&Maint Stormwater Collection 1017172 444 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 253681 440 TKO WINES,INC Liquor Product Received Prairie Village Liquor Store 253487 440 TKO WINES,INC Liquor Product Received Den Road Liquor Store 1016991 440 PORTA,KITTY Travel Expense City Clerk 6126 438 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 6141 438 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 253659 425 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 253562 424 CENTURYLINK Other Broadband Internet E-911 Program 253707 421 BROADWAY AWARDS Operating Supplies City Council 253609 417 I\O SOLUTIONS INC Employment Support Test Organizational Services 253775 411 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 253391 410 VETERAN SHREDDING Special Event Fees Senior Center Programs 253409 406 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 253493 400 WONDERWEAVERS Other Contracted Services Arts in the Park 1017027 399 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment 1017010 399 CDW GOVERNMENT INC. Computers-Monitors Public Safety Communications 1017130 391 GRAYBAR Equipment Repair&Maint Traffic Signals 253719 390 COMMUNITY HEALTH CHARITIES OF MINNESOTA United Way Withheld Health and Benefits 253710 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 253685 385 VISIONS INC Deposits 494 Corridor Commission 1017193 385 INTERSTATE POWER SYSTEMS INC Maintenance Contracts Water Supply(Wells) 253580 384 E A SWEEN COMPANY Merchandise for Resale Concessions 253761 381 PROP United Way Withheld Health and Benefits 253617 380 KEEPRS INC. Clothing&Uniforms Animal Control 253405 380 AQUA LOGIC INC Contract Svcs-Pool Pool Maintenance 253376 375 STAPLES ADVANTAGE Office Supplies Police 1016984 374 GENERAL PARTS LLC Equipment Repair&Maint Concessions 253560 371 CALIFORNIA CONTRACTORS SUPPLIES INC Repair&Maint. Supplies Wasterwater Collection 1016987 365 KRUEGER,MARK Operating Supplies Reserves 253598 359 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 253590 359 FIRE SAFETY USA INC Equipment Repair&Maint Fleet Operating 1017164 358 MEUWISSEN,JESSICA Training Supplies Fire 1017050 356 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 1016980 351 CHEMSEARCH Supplies-HVAC Fitness/Conference-Cmty Ctr 253413 348 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Organizational Services 253335 348 JOHNSTONE SUPPLY Supplies-Plumbing City Hall-CAM 1017211 348 WATSON CO INC,THE Merchandise for Resale Concessions 253769 346 SIGNSOURCE Safety Supplies Fitness Center 1017055 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service Check# Amount Supplier/Explanation Account Description Business Unit Comments 253309 344 E A SWEEN COMPANY Merchandise for Resale Concessions 253419 343 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 253395 342 WINSUPPLY EDEN PRAIRIE MN CO Operating Supplies Street Lighting 1017152 340 WATSON CO INC,THE Merchandise for Resale Concessions 253320 339 HEALTHPARTNERS Health&Fitness Organizational Services 1017084 336 MENARDS Operating Supplies Outdoor Center 253284 336 BILLMAN TERESA P&R Refunds Community Center Admin 253272 335 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance 253593 328 FRISCHMON GRACE Deposits Escrow 253367 320 ROOT 0 MATIC Maintenance Contracts Water Treatment 253662 320 ROOT 0 MATIC Equipment Repair&Maint Wasterwater Collection 253415 319 CHANKASKA CREEK RANCH&WINERY,LLC Liquor Product Received Prairie Village Liquor Store 1017046 319 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 253368 319 ROTO ROOTER SERVICES COMPANY Contract Svcs-Plumbing City Center Operations 1017024 319 METRO SALES INCORPORATED* Equipment Rentals IT Operating 1016993 319 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 253655 318 PRINT SOURCE MINNESOTA Operating Supplies City Council 1017042 316 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 1017053 312 FASTENAL COMPANY Operating Supplies Water Distribution 253460 308 MINNESOTA WANNER COMPANY Repair&Maint. Supplies Park Maintenance 1017062 308 MY CABLE MART Computer-Accessories Capital Maint.&Reinvestment 6133 302 US BANK-PAYMODE Bank and Service Charges Organizational Services 253355 300 OLSEN CHAIN&CABLE Landscape Materials/Supp Street Maintenance 253270 300 RAMSEY COUNTY SHERIFF'S OFFICE Deposits Escrow 253400 300 CARVER COUNTY SHERIFF'S DEPT. Deposits Escrow 253610 300 INNOVATIVE GRAPHICS Clothing&Uniforms Police 253345 298 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 253308 297 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 253601 296 GS DIRECT Operating Supplies Engineering 253538 296 ACCELERATED TECHNOLOGIES LLC Capital Under$25,000 Fitness Center 253399 293 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 253294 288 CF STINSON LLC Supplies-General Bldg Fire Station#1 1016977 284 BERRY COFFEE COMPANY Merchandise for Resale Concessions 253740 282 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 253369 278 SCHMIDT,MICHAEL Mileage&Parking Street Maintenance 253643 277 OLSEN CHAIN&CABLE Repair&Maint. Supplies Stormwater Collection 253583 274 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Administration 1017206 270 SPS COMPANIES Supplies-HVAC City Hall-CAM 1017087 270 REINDERS INC Chemicals Park Maintenance 253348 270 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 1017048 264 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 1017156 264 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 1017017 252 GINA MARIAS INC Operating Supplies Police 1017123 252 CDW GOVERNMENT INC. Computers-Monitors IT Operating 253475 247 SCHRAM,SCOTT Mileage&Parking Water Treatment 253470 240 PINE PRODUCTS INC Landscape Materials/Supp Round Lake 253490 240 WACONIA BREWING COMPANY Liquor Product Received Den Road Liquor Store 253454 238 MARCO INC Equipment Repair&Maint IT Telephone 253448 235 JOHNSON LITHO GRAPHICS OF EAU CLAIRE LTD Printing Arts in the Park 253327 234 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 253693 233 MOVING EQUIPMENT SALES Supplies-General Building City Center Operations 253596 233 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 1017063 231 PARK SUPPLY OF AMERICA INC Supplies-Plumbing City Center Operations 1016983 228 FASTENAL COMPANY Equipment Parts Park Maintenance 253556 227 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 1017196 224 MENARDS Repair&Maint.Supplies Park Maintenance 253438 223 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 253764 221 RUBIN DAN Refunds Water Conservation 253686 220 VOLAVKA,LYNDA Other Contracted Services Special Initiatives 1017079 220 FASTSIGNS Printing Day Care 253497 217 UNITED STATES POSTAL SERVICE Postage Senior Center Admin 1016995 217 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 6134 217 OPTUM HEALTH Other Contracted Services Health and Benefits 1016974 216 AHO,BRAD Travel Expense Finance 1016979 216 CASE,RON Travel Expense Finance 1017003 216 WICKSTROM,SHERRY BUTCHER Travel Expense Finance 253587 215 ENRIGHT ANGELA P&R Refunds Community Center Admin 1017104 214 LIND,LAWRENCE Mileage&Parking Water Treatment 253424 213 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1017201 212 O'REILLY AUTOMOTIVE INC Equipment Parts Fleet Operating 253422 212 DIRECTV Pager&Cell Phone Community Center Admin 1017064 212 PROSOURCE SUPPLY Supplies-General Bldg Fitness/Conference-Cmty Ctr 1017091 211 STREICHERS Clothing&Uniforms Police 1017110 210 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 1017065 207 QUALITY PROPANE Motor Fuels Fleet Operating 253304 203 COMCAST Cable TV Fire 1017026 202 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 253276 200 ANDERSON ANDREW P&R Refunds Community Center Admin 253468 200 PHILIPSEK,REYNOLD Other Contracted Services Arts in the Park 253435 199 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Park Maintenance 253279 199 ASPEN MILLS Protective Clothing Fire 253474 195 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store 253554 195 BLOOMINGTON,CITY OF Chemicals Water Treatment 253665 195 SIMPSON JAY Refunds Water Conservation 253683 194 US BANK EQUIPMENT FINANCE Deposits 494 Corridor Commission 1017166 192 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 1016975 189 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 253757 189 PLANT&FLANGED EQUIPMENT Repair&Maint. Supplies Miller Park 1017049 189 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1017051 188 CARLSON,KEVIN Mileage&Parking Water Treatment 253725 187 E A SWEEN COMPANY Merchandise for Resale Concessions 6135 187 VANCO SERVICES Bank and Service Charges Wastewater Accounting 1016986 184 JOHNSTONE SUPPLY Supplies-HVAC Fitness/Conference-Cmty Ctr 1016990 184 PARK SUPPLY OF AMERICA INC Supplies-Plumbing City Hall-CAM 1017160 183 FASTENAL COMPANY Operating Supplies Traffic Signs 253450 182 LARKSTUR ENGINEERING&SUPPLY INC Equipment Parts Water Treatment 253520 181 LOUWERS JOHANNES AR Utility Water Enterprise Fund 253536 180 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 253752 180 NOKOMIS SHOE SHOP Clothing&Uniforms Park Maintenance 253300 180 COMCAST Other Broadband Internet IT Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 1017171 178 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 253484 175 SUPERGLASS Equipment Repair&Maint Fleet Operating 253488 172 VERIZON WIRELESS Other Contracted Services Park Maintenance 1017170 171 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 253600 170 GRUBER ACCOUNTING Deposits 494 Corridor Commission 1017085 169 NUCO2 INC Contract Svcs-Pool Pool Maintenance 253429 166 ENKI BREWING COMPANY INC Liquor Product Received Prairie Village Liquor Store 253434 166 FREEVEND TECHNICAL SERVICES Equipment Repair&Maint Concessions 253563 165 CITY OF SAINT PAUL Tuition Reimbursement/School Police 1017154 164 XCEL ENERGY Electric Flying Cloud Off Leash Park 1017089 163 SHI CORP Software IT Operating 1017059 162 KLIMA,JULIE Travel Expense Planning 1017200 160 OENO'S DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 253564 160 CLARK ELISA P&R Refunds Community Center Admin 253635 160 MINNESOTA CHIEFS OF POLICE ASSOC Printing Police 1017159 158 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 253503 156 DEROCK ERIC AR Utility Water Enterprise Fund 253716 155 COMCAST Equipment Repair&Maint E-911 Program 253436 154 GALLS LLC Operating Supplies Police 1017077 153 CONCRETE CUTTING&CORING INC Landscape Materials/Supp Street Maintenance 1016976 152 AYU TIMIN Travel Expense Prairie Village Liquor Store 253722 151 DISPLAY SALES Supplies-General Bldg Police City Center 253673 151 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk 1017150 150 USA SECURITY Maintenance Contracts Water Treatment 1017195 150 KIDCREATE STUDIO Instructor Service Special Initiatives 1017114 149 VAN PAPER COMPANY Supplies-General Bldg Fitness/Conference-Cmty Ctr 253704 148 BOSACKER,MIKE Mileage&Parking Police 1017029 147 OENO'S DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 1017188 146 GINA MARIAS INC Operating Supplies Fire 1017199 146 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 253641 145 OAK POINT INTERMEDIATE SCHOOL Rebates Water Conservation 253496 145 XTREME INTEGRATION Hardware-Cabling IT Operating 253747 144 MEDICINE LAKE TOURS Special Event Fees Trips 1017022 144 LOGIS Network Support IT Operating 253624 142 LEAGUE MN CITIES INS TRUST Deposits 494 Corridor Commission 1017168 141 PERRY NICHOLAS L Mileage&Parking Tree Disease 253535 140 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 253568 140 COMCAST Deposits 494 Corridor Commission 253712 139 CINTAS CORPORATION Safety Supplies Community Center Admin 253745 138 KOCOUREK,JOAN Clothing&Uniforms Police 1017146 136 STERICYCLE INC Other Contracted Services Police 253417 135 CINTAS CORPORATION #470 Cleaning Supplies Utility Operations-General 1017174 132 STAAF,CARTER Clothing&Uniforms Police 253549 130 BARKER ROBERT Refunds Water Conservation 253370 128 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 1017205 128 REINDERS INC Other Contracted Services Park Maintenance 253682 128 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 1017061 128 MPX GROUP,THE Printing Police 253377 127 STATE OF MINNESOTA Licenses,Taxes,Fees Fleet Operating 253711 127 CENTURYLINK Telephone IT Telephone Check# Amount Supplier/Explanation Account Description Business Unit Comments 253296 127 CINTAS CORPORATION Safety Supplies Community Center Admin 1016996 126 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint.Supplies Park Maintenance 253416 125 CINTAS CORPORATION Safety Supplies Community Center Admin 253334 125 JOHNSON,PHILLIP Clothing&Uniforms Police 253552 125 BIWER JAMES Rebates Water Conservation 253581 125 EAGLE RIDGE ACADEMY P&R Refunds Community Center Admin 1016981 125 DARLING,ANDREA Tuition Reimbursement/School Fitness Classes 253701 125 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 253273 122 AFFILIATED EMERGENCY VETERINARY SERV Other Contracted Services Animal Control 253773 112 SPIRIT APPAREL AND STUFF Clothing&Uniforms Community Center Admin 253477 112 SIGNSOURCE Supplies-General Bldg Fire Station#1 253778 111 UNITED WAY United Way Withheld Health and Benefits 1017054 106 GOODIN COMPANY Equipment Repair&Maint Round Lake 253636 105 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 253731 105 GENERAL OFFICE PRODUCTS COMPANY Contract Svcs-Gen.Bldg City Center Operations 253699 105 BALASUBRAMANIAM ANATH Refunds Water Conservation 253582 104 EDEN PRAIRIE COMMUNITY EDUCATION Building Rental Community Band 253358 104 PETSMART Canine Supplies Police 253678 102 STIERNAGLE TIFFANY P&R Refunds Community Center Admin 1017204 102 PRIORITY COURIER EXPERTS Equipment Parts Fleet Operating 253379 101 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 253302 100 COMCAST Cable TV Fire 253349 100 MOQUIST,LYNDON Other Contracted Services Assessing 253353 100 O'CONNOR,ANNETTE Other Contracted Services Assessing 253366 100 RIAL KRISTIN Other Contracted Services Assessing 253382 100 THOMPSON,NATE Other Contracted Services Assessing 253392 100 WALKER,TODD Other Contracted Services Assessing 253402 100 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 253489 100 VERIZON WIRELESS-VSAT Other Contracted Services Police 253542 100 ANDERSON ERIC Rebates Water Conservation 253544 100 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 253578 100 DIZON LINDA Refunds Water Conservation 253588 100 ETHIER SARAH Refunds Water Conservation 253592 100 FOGARTY ELLYN Refunds Water Conservation 253599 100 GRIMMER SCOTT Refunds Water Conservation 253608 100 HUBERT SARAH Refunds Water Conservation 253615 100 JOHNSON SONJA Rebates Water Conservation 253642 100 OHRT ANDREW Refunds Water Conservation 253646 100 ORTEN SUSAN&RAMLER DON Refunds Water Conservation 253647 100 ORWICK AARON Refunds Water Conservation 253781 100 VOLZ,JEANETTE Refunds Water Conservation 253766 99 SHAUKAT RAHAT P&R Refunds Community Center Admin 253441 98 GS DIRECT Operating Supplies Engineering 253695 98 AFFILIATED EMERGENCY VETERINARY SERV Canine Supplies Police 253763 98 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1017066 97 SACKETT,MATTHEW Travel Expense Police 1017173 97 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint.Supplies Prairie Bluff Conservation 253694 96 440400-NCPERS MINNESOTA PERA Health and Benefits 1017025 95 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 1017067 94 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 1017097 93 AMERICAN SOLUTIONS FOR BUSINESS Operating Supplies Youth Programs Admin 1016994 91 SCHMIDT,MATT Travel Expense Police 253622 91 LANO EQUIPMENT INC Equipment Parts Fleet Operating 253767 90 SHRED RIGHT Waste Disposal City Center Operations 253630 90 MEREDITH KATE Deposits 494 Corridor Commission 1017052 89 CHEMSEARCH Supplies-HVAC City Hall-CAM 1017209 87 TWIN CITY FILTER SERVICE INC Equipment Parts Water Treatment 253717 85 COMCAST Cable TV Fire 253619 85 KOCHEVAR JOSEPH AR Utility Water Enterprise Fund 253737 83 HENNEPIN COUNTY MEDICAL CENTER EMS Supplies-EMS Supplies Fire 253605 82 HENNEPIN COUNTY RESIDENT&REAL ESTATE Software Maintenance IT Operating 253365 82 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 253280 79 ASSOCIATED BANK N.A Other Contracted Services Police 1017162 79 JOHNSTONE SUPPLY Supplies-HVAC Ice Arena Maintenance 1017102 78 FASTENAL COMPANY Safety Supplies Fleet Operating 1017057 77 IRMITER,JESSE Operating Supplies Reserves 1017163 77 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 1017092 77 VIKING ELECTRIC SUPPLY Supplies-Electrical Fire Station#4 1017100 76 CARLSTON,BRANDON Equipment Repair&Maint Police 253357 75 PERFORMANCE KENNELS INC Tuition Reimbursement/School Police 253584 75 EDEN PRAIRIE SCHOOL Operating Supplies Housing and Community Service 253651 75 PERFORMANCE KENNELS INC Canine Supplies Police 1016999 74 TOLL GAS AND WELDING SUPPLY Small Tools Fleet Operating 253338 73 LASICS MICHELLE P&R Refunds Community Center Admin 253500 73 ANDREWS CRAIG AR Utility Water Enterprise Fund 1017107 73 PERRY NICHOLAS L Mileage&Parking Tree Disease 253771 72 SNAP-ON TOOLS Small Tools Fleet Operating 1017090 72 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Utility Operations-General 253658 70 RAJ NIKHIL P&R Refunds Community Center Admin 253386 69 TURFWERKS Equipment Parts Fleet Operating 253727 69 EDEN PRAIRIE FOUNDATION United Way Withheld Health and Benefits 1017101 69 DIETHELM,LOUIS Training Supplies Police 253523 68 MEYER JAYNE AR Utility Water Enterprise Fund 253527 65 PREMIER TITLE AR Utility Water Enterprise Fund 1017137 65 MOOD MEDIA Other Contracted Services Prairie Village Liquor Store 1017037 65 SPS COMPANIES Repair&Maint.Supplies Round Lake 253420 64 CUB FOODS EDEN PRAIRIE Training Supplies Police 1017155 64 ZIEGLER INC Equipment Parts Fleet Operating 253346 63 MIANO,MIKE Mileage&Parking Skating Rinks/Warming Houses 1017149 62 UPS Postage Planning 253518 61 LAURIA PATRICIA AR Utility Water Enterprise Fund 253620 61 KOCOUREK,JOAN Clothing&Uniforms Police 1017157 60 BATTERIES PLUS Supplies-General Bldg Historical Buildings 253675 60 SPRINT Other Contracted Services Police 1016998 60 STRONER,ELIZABETH Clothing&Uniforms Police 1017165 60 MPX GROUP,THE Printing Police 253526 60 POTENZ FRANKLIN AR Utility Water Enterprise Fund 1017001 59 VANDENBERGHE,MARK Travel Expense Fire 253577 58 DIRECTV Other Contracted Services Police 1017113 58 STAR EQUIPMENT INC Equipment Repair&Maint Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 253519 58 LAWRENZ LURA AR Utility Water Enterprise Fund 1017112 56 STAAF,CARTER Motor Fuels Fleet Operating 253777 56 UNIFORMS UNLIMITED Clothing&Uniforms Police 1016988 56 LINDAHL,DAVID Mileage&Parking Economic Development 253310 55 ENKI BREWING COMPANY INC Liquor Product Received Prairie Village Liquor Store 1017039 54 TWIN CITY HARDWARE Supplies-General Bldg Fitness/Conference-Cmty Ctr 253502 54 BUTTERFIELD CALIN AR Utility Water Enterprise Fund 253713 53 COMCAST Other Broadband Internet IT Operating 1017169 53 PIKE,JESSICA Travel Expense Assessing 1017181 52 CDW GOVERNMENT INC. Other Assets IT Capital 253508 51 FOUDRAY KRIS AR Utility Water Enterprise Fund 253347 50 MINNESOTA DEPARTMENT OF HEALTH Licenses,Taxes,Fees WAFTA 253350 50 MPPOA Dues&Subscriptions Police 253433 50 FLORESCU LEONARD P&R Refunds Community Center Admin 253548 50 BARDZINSKI ANTHONY Refunds Water Conservation 253586 50 ENGEBRETSON,TYLER Refunds Water Conservation 253621 50 KROMMINGA RYAN Refunds Water Conservation 253663 50 SHAY CONSTRUCTION Deposits 494 Corridor Commission 253708 50 BUBAR KATHLEEN Refunds Water Conservation 253783 50 WILLEMS,MATT Refunds Water Conservation 1017060 50 KRUEGER,MARK Clothing&Uniforms Reserves 253762 49 REGENTS OF THE UNIVERSITY OF MINNESOTA Operating Supplies Outdoor Center 1017034 46 PREMIUM WATERS INC Operating Supplies-Water Fire 253271 45 ACTIVAR PLASTIC PRODUCTS GROUP INC Equipment Parts Water Treatment 253361 44 POWER UP PRODUCTS LLC Merchandise for Resale Concessions 253677 42 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 253418 40 CLEAN N PRESS MTKA Clothing&Uniforms Police 1017124 40 CONCRETE CUTTING&CORING INC Equipment Repair&Maint Park Maintenance 253378 40 STEARNS-BENTON CPT Tuition Reimbursement/School Police 1016992 40 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 253506 39 ERDMAN JOHN AR Utility Water Enterprise Fund 253618 38 KENDALL COURTNEY Mileage&Parking Special Events Admin 253668 37 SNAP-ON TOOLS Small Tools Fleet Operating 253718 36 COMCAST Cable TV Fire 253426 35 EDEN PRAIRIE CHAMBER OF COMMERCE Dues&Subscriptions Economic Development 253533 35 ZYLSTRA GARY AR Utility Water Enterprise Fund 253640 34 NELSON,ROBIN Deposits 494 Corridor Commission 253510 34 GONYEA HOMES INC AR Utility Water Enterprise Fund 253472 33 POWER UP PRODUCTS LLC Merchandise for Resale Concessions 253572 33 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 253504 32 EAMES VIRGINIA AR Utility Water Enterprise Fund 253666 31 SKELE PHILIP Landscape Materials/Supp Street Maintenance 253337 30 KENDELL DOORS&HARDWARE INC Direct SuperValu City Hall-Direct Costs 253645 30 OPHOVEN SAW SERVICE Equipment Repair&Maint Senior Center Programs 253623 30 LATTIMORE ANDREW Mileage&Parking Aquatics Admin. 253507 29 FITZGERALD ABBEY AR Utility Water Enterprise Fund 253531 28 WERNER TIM AR Utility Water Enterprise Fund 253714 27 COMCAST Other Contracted Services Police 253524 27 NATHAN J NELSON TRUSTEEE AR Utility Water Enterprise Fund 253765 27 SCHREIER,SCOTT P&R Refunds Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 253403 26 ACTIVAR PLASTIC PRODUCTS GROUP INC Repair&Maint. Supplies Water Treatment 253521 26 MANNING,ROBERT AR Utility Water Enterprise Fund 253674 25 SOUTHWEST TRANSIT Deposits 494 Corridor Commission 1016989 25 NAUMANN,ANDREW Clothing&Uniforms Police 253576 24 DE MIRA MARIQUITA Deposits 494 Corridor Commission 253516 24 KLAUS LAURI AR Utility Water Enterprise Fund 1017041 24 UPS Postage Planning 1017210 23 UPS Postage Planning 253528 21 QUAM GAIL AR Utility Water Enterprise Fund 253770 21 SIR KNIGHT CLEANERS Clothing&Uniforms Fire 253513 20 JACOBSON TAMMY AR Utility Water Enterprise Fund 253482 20 STAPLES ADVANTAGE Office Supplies Customer Service 253669 20 SOLUTION BUILDERS Deposits 494 Corridor Commission 253372 19 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Tuition Reimbursement/School Police 253670 19 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Tuition Reimbursement/School Police 253505 19 ECKMAN CLIFFORD AR Utility Water Enterprise Fund 253529 19 SCHWARTZ GLEN AR Utility Water Enterprise Fund 253301 18 COMCAST Cable TV Fire 253512 17 HOEHN JEREMY AR Utility Water Enterprise Fund 253501 17 BERNARDIN JOSHUA AR Utility Water Enterprise Fund 253303 16 COMCAST Cable TV Fire 253715 16 COMCAST Cable TV Fire 253525 15 NOLAN THOMAS JR AR Utility Water Enterprise Fund 253499 15 ALKIRE PROPERTIES AR Utility Water Enterprise Fund 253511 15 HEBRINK ROBERT AR Utility Water Enterprise Fund 253644 12 OMEGA INDUSTRIES Equipment Repair&Maint Park Maintenance 253573 11 CULLIGAN BOTTLED WATER Deposits 494 Corridor Commission 253517 11 KLETT ALEXANDER AR Utility Water Enterprise Fund 253530 10 TOUVE JAMES AR Utility Water Enterprise Fund 253637 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 253515 9 KARR EDWARD AR Utility Water Enterprise Fund 1017058 9 JOHNSTONE SUPPLY Supplies-HVAC City Hall-CAM 253532 8 WOYCHIK JOAN AR Utility Water Enterprise Fund 253509 7 GENNERT BAYARD AR Utility Water Enterprise Fund 253514 6 KAKACH JAPHET AR Utility Water Enterprise Fund 253299 5 COMCAST Cable TV Fire 1017005 4 A TO Z RENTAL CENTER Repair&Maint.Supplies Fire 253354 3 OFFICE OF MN IT SERVICES Other Contracted Services Police 253567 2 COMCAST Other Contracted Services Police 4,644,614 Grand Total City of Eden Prairie Purchasing Card Payment Report 6/13/2017 Amount Explanation Vendor Account Description Business Unit 5,454 US-mar17 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 3,076 US-tennis shirts SIGNATURE CONCEPTS INC. Clothing&Uniforms Tennis 2,461 US-N Weedman CC SIGNATURE CONCEPTS INC. Deposits Escrow 2,158 US-lacrosse assoc equip-grant SPORTSTOP Capital Under$25,000 Athletic Programs Admin 1,580 US-road plate UNITED RENTALS Repair&Maint.Supplies Water Distribution 1,565 US-conf HYATT HOTELS Conference/Training Fire 1,513 US-camp supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Youth Programs Admin 1,310 US-conf HYATT HOTELS Conference/Training Fire 1,188 US-conf HYATT HOTELS Conference/Training Fire 1,163 US-fire cert SYMBOLARTS Clothing&Uniforms Emergency Preparedness 1,046 US-open gym rental EDEN PRAIRIE SCHOOL Gym Rental Adult Open Gym 957 US-gateway fees NCR SPECIALTY Bank and Service Charges Den Road Liquor Store 940 US-watercolor/drawing supplies BLICK ART MATERIALS Operating Supplies Arts Center 937 US-volleyball rental EDEN PRAIRIE SCHOOL Gym Rental Volleyball 880 US-playground camp supplies S&S WORLDWIDE Operating Supplies Youth Programs Admin 806 US-employee recognition lunch OLYMPIC HILLS CORP Miscellaneous Internal Events 783 US-door/shelves PEACH TRADER Capital Under$25,000 Concessions 648 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store 600 US-trailer MILLS FLEET FARM Building Repair&Maint. Water Treatment 580 US-mar17 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 558 US-seminar Modrow/Rue HALFMOON LLC Conference/Training Engineering 515 US-Mcma conf GTS Conference/Training Administration 512 US-April license SCW WIM INC Licenses,Permits,Taxes,Fees Fitness Classes 507 US-archery supplies LANCASTER ARCHERY SUPPLY Operating Supplies Lesson Skills Development 500 US-trng-morrow FBINAA Tuition Reimbursement/School Police 496 US-sympathy cards GALLERY COLLECTION,THE Operating Supplies Fire 470 US-APWA conf Ellis/Rue UNIVERSITY OF MINNESOTA Conference/Training Engineering 467 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store 430 US-conf HENNEPIN COUNTY CHIEF OF POLIC Conference/Training Police 428 US-council workshop QDOBA MEXICAN GRILL Miscellaneous City Council 414 US-parts VERITAS PRODUCTS Equipment Parts Fleet Operating 400 US-transfer annual subscriptio TRIMBLE INC Equipment Repair&Maint IT Operating 389 US-employee plaques/awards CROWN TROPHY Employee Award Internal Events 376 US-water school food CRUMB GOURMET DELI Repair&Maint.Supplies Water Distribution 364 US-davis tmg RAMADA INN Tuition Reimbursement/School Police 357 US-umpire clothing/equip BOOMBAH Clothing&Uniforms Softball 356 US-training DELTA AIR Conference/Training Community Development Admin. 354 US-signs for water tour FASTSIGNS Printing Utility Operations-General 350 US-additional anniversary gift HALLMARK Employee Award Organizational Services 350 US-color ribbon/cleaning kit ID WHOLESALER Operating Supplies Community Center Admin 340 US-cleaning CTS CLEANERS TAILOR&SHOE REP Repair&Maint.Supplies Fire 333 US-electric motor FASTOOL INC Equipment Parts Fleet Operating 327 US-hotel for chiefs conf BEST WESTERN Conference/Training Police 320 US-monitors pd detail AMAZON.COM Computers IT Operating 311 US-water school food DAVANNI'S PIZZA Repair&Maint.Supplies Water Distribution 298 US-insulated brass AMAZON.COM Repair&Maint.Supplies Water Treatment 280 US-basketball replacements GOPHER SPORT Operating Supplies Community Center Admin Amount Explanation Vendor Account Description Business Unit 280 US-board and comm plaques CROWN TROPHY Operating Supplies City Council 278 US-oven for trailer WEBSTAURANT STORE Operating Supplies Concessions 275 US-monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin 270 US-spring conf L Kerns TWIN CITIES HUMAN RESOURCES AS Conference/Training Human Resources 257 US-bday party equipment S&S WORLDWIDE Operating Supplies Birthday Parties 252 US-whiteboards for pool deck AMAZON.COM Operating Supplies Pool Operations 250 US-membership MINNESOTA RURAL WATER ASSOCIAT Dues&Subscriptions Utility Operations-General 250 US-performance royalties DRAMATIC PUBLISHING Other Contracted Services Theatre Initiative 250 US-munoz trng BCA Tuition Reimbursement/School Police 248 US-Mcma conf GRAND VIEW LODGE Conference/Training Administration 241 US-steel road plate UNITED RENTALS Repair&Maint.Supplies Stormwater Collection 240 US-trng allmann raser wahlen EVENTBRITE Conference/Training Utility Operations-General 235 US-wellness committee lunch WHICH WICH Miscellaneous Organizational Services 233 US-epcc label tape HAWK LABELING SYSTEMS Operating Supplies Community Center Admin 231 US-mar17 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund 215 US-snow conf COZY REST MOTEL Operating Supplies Street Maintenance 209 US-lunch for leadership class GINA MAMAS INC Operating Supplies Utility Operations-General 200 US-lodging-eichman BEST WESTERN Tuition Reimbursement/School Police 200 US-lodging dupont BEST WESTERN Tuition Reimbursement/School Police 200 US-lodging sinon BEST WESTERN Tuition Reimbursement/School Police 200 US-lodging staaf BEST WESTERN Tuition Reimbursement/School Police 200 US-lodging lowery BEST WESTERN Tuition Reimbursement/School Police 200 US-kapaun trng LEIU Tuition Reimbursement/School Police 196 US-coffee COFFEE WHOLESALE Operating Supplies Senior Center Programs 195 US-spring conf Ruzek TWIN CITIES HUMAN RESOURCES AS Conference/Training Human Resources 193 US-leadership CUSTOMINK Clothing&Uniforms Youth Programs Admin 191 US-battery pack HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Stormwater Collection 188 US-cook plate for oven HOCKENBERGS Operating Supplies Concessions 187 US-bank sery charge PLUG N PAY Bank and Service Charges Community Center Admin 187 US-catering for employee recog CARIBOU COFFEE Miscellaneous Internal Events 186 US-dust collector duct MENARDS Equipment Parts Water Treatment 186 US-salt storage HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 186 US-ups backup pd AMAZON.COM Equipment Repair&Maint IT Operating 185 US-strap H6 TACTICAL INC Operating Supplies Fire 180 US-A Swart trng MAAO Conference/Training Assessing 180 US-J Thompson trng MAAO Conference/Training Assessing 176 US-games for playgrounds S&S WORLDWIDE Operating Supplies Youth Programs Admin 173 US-program camps TARGET Operating Supplies Youth Programs Admin 167 US-conf hotel BEST WESTERN Conference/Training Senior Center Admin 166 US-watercolor paper CHEAP JOE'S ART STUFF Operating Supplies Arts Center 165 US-promotion interviews BUCA Operating Supplies Fire 161 US-council workshop JIMMY JOHNS Miscellaneous City Council 161 US-additional chairs for in st COSTCO Operating Supplies Wine Club/Events 161 US-outdoor ctr playground MENARDS Building Materials Staring Lake 160 US-garden signs FASTSIGNS Signs Park Maintenance 157 US-lodging wood GRAND VIEW LODGE Tuition Reimbursement/School Police 157 US-mohn lodging GRAND VIEW LODGE Tuition Reimbursement/School Police 155 US-fdic conf FDIC Operating Supplies Fire 152 US-certificat for lifeguard AMERICAN RED CROSS Licenses,Permits,Taxes,Fees Pool Lessons 150 US-conference DODGE NATURE CENTER Conference/Training Outdoor Center 149 US-resistance bands for class AMAZON.COM Operating Supplies Fitness Classes Amount Explanation Vendor Account Description Business Unit 148 US-mom and son PARTY CITY Operating Supplies Special Events&Trips 148 US-bank sery charge PLUG N PAY Bank and Service Charges Community Center Admin 145 US-archery supplies LANCASTER ARCHERY SUPPLY Operating Supplies Lesson Skills Development 141 US-skate vending supplies TOTAL HOCKEY Operating Supplies Ice Operations 139 US-glock supplies GLOCK PROFESSIONAL INC Training Supplies Police 139 US-hot dog roller grill WEBSTAURANT STORE Operating Supplies Concessions 133 US-rubber boots for spraying AMAZON.COM Protective Clothing Park Maintenance 132 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 129 US-photoshop ADOBE SYSTEMS Equipment Repair&Maint IT Operating 125 US-training UNIVERSITY OF MINNESOTA Conference/Training Street Maintenance 125 US-Vandenberghe CC PAYPAL INC Deposits Escrow 125 US-isfsi membership ISFSI Dues&Subscriptions Fire 118 US-supplies STEPNPULL Operating Supplies Police City Center 116 US-sunshine fund KLEINS FLORAL AND GREENHOUSE Deposits Escrow 112 US-pressure washer shield ATLANTIC PRESSURE WASHER Repair&Maint.Supplies Water Treatment 111 US-outdoor ctr playground MENARDS Building Materials Staring Lake 110 US-hidden ponds ballfiend benc MENARDS Building Materials Hidden Ponds Park 109 US-codebook NFPA Fire Prevention Supplies Fire 108 US-Sticha sunshine fund BACHMANS CREDIT DEPT Deposits Escrow 108 US-ping pong net AMAZON.COM Operating Supplies Community Center Admin 108 US-cpr class AMERICAN RED CROSS Conference/Training Park Maintenance 107 US-playcare craft supplies DISCOUNT SCHOOL SUPPLY Operating Supplies Day Care 102 US-fire ipad cases AMAZON.COM Pager&Cell Phone Fire 100 US-lodging-Coy BEST WESTERN Tuition Reimbursement/School Police 100 US-games for playgrounds S&S WORLDWIDE Operating Supplies Special Initiatives 100 US-microwave recycling TECH DUMP Waste Disposal Utility Operations-General 97 US-night vision attachment TACTICAL NIGHT VISION CO Clothing&Uniforms Police 96 US-parking MSP AIRPORT PARKING Operating Supplies Fire 95 US-membership TWIN CITIES HUMAN RESOURCES AS Dues&Subscriptions Human Resources 94 US-floating egg hunt TARGET Operating Supplies Pool Special Events 92 US-converter BRAAS CO Equipment Repair&Maint Public Safety Communications 92 US-mowers HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 90 US-supplies BLACK RIFLE COFFEE Operating Supplies Fire 90 US-coffee BLACK RIFLE COFFEE Operating Supplies Fire 90 US-DOT inspection trng-thoren DAKOTA COUNTY TECHNICAL COLLEG Conference/Training Fleet Operating 90 US-DOT inspection trng-matula DAKOTA COUNTY TECHNICAL COLLEG Conference/Training Fleet Operating 89 US-conf WILLOW CREEK ASSOCIATION Training Supplies Police 87 US-food CRUMB GOURMET DELI Tuition Reimbursement/School Police 87 US-thoren sunshine TLF BELLADONNA FLORIST Deposits Escrow 86 US-ink HP HOME STORE Operating Supplies Water Distribution 86 US-J Urbina CC EDEN PRAIRIE LIQUOR Deposits Escrow 85 US-food CRUMB GOURMET DELI Tuition Reimbursement/School Police 84 US-Rumrey sunshine fund BACHMANS CREDIT DEPT Deposits Escrow 80 US-food CRUMB GOURMET DELI Tuition Reimbursement/School Police 79 US-supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Fire 78 US-sunshine fund KERNTZ FUNERAL HOME Deposits Escrow 78 US-peters sunshine fund TLF BELLADONNA FLORIST Deposits Escrow 77 US-licensing DEPARTMENT OF AGRICULTURE Licenses,Permits,Taxes,Fees Park Maintenance 75 US-training ATLASSIAN Protective Clothing Fire 75 US-real estate trng CONTINUINGEDEXPRESS.COM Conference/Training Economic Development 74 US-woodshop equip AMAZON.COM Equipment Repair&Maint Senior Center Programs Amount Explanation Vendor Account Description Business Unit 73 US-water school food KOWALSKI'S MARKET Repair&Maint.Supplies Water Distribution 73 US-water school food KOWALSKI'S MARKET Repair&Maint.Supplies Water Distribution 72 US-water school food KOWALSKI'S MARKET Repair&Maint. Supplies Water Distribution 70 US-supplies FIREFIGHTERS MERCHANDISE Protective Clothing Fire 70 US-snow conf COZY REST MOTEL Operating Supplies Street Maintenance 68 US-folders/wallet OFFICE DEPOT CREDIT PLAN Office Supplies Police 67 US-interviewer lunches CRUMB GOURMET DELI Operating Supplies Police 66 US-tools for asphalt crew HOME DEPOT CREDIT SERVICES Small Tools Street Maintenance 66 US-conf parking WORLD OF WONDERS GARAGE Mileage&Parking Fire 64 US-hand cleaner towels SETON IDENTIFICATION PRODUCTS Operating Supplies Stormwater Non-Capital 63 US-drawing supplies BLICK ART MATERIALS Operating Supplies Arts 60 US-office supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Street Maintenance 60 US-northern lights awards bang MAGC Miscellaneous Communications 60 US-fit kids fidgets AMAZON.COM Operating Supplies Fit Kids Club 60 US-real estate trng CONTINUINGEDEXPRESS.COM Conference/Training Economic Development 59 US-drilling seminar-Ziebol EVENTBRITE Conference/Training Engineering 59 US-new hire gifts WALMART COMMUNITY Employee Award Organizational Services 58 US-outdoor ctr playground HOME DEPOT CREDIT SERVICES Building Materials Outdoor Center 57 US-trng book NFPA Training Supplies Fire 57 US-badge reels AMAZON.COM Operating Supplies Community Center Admin 57 US-fitness class equip POWER SYSTEMS Operating Supplies Fitness Classes 56 US-tools HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Stormwater Collection 54 US-cpr class AMERICAN RED CROSS Conference/Training Community Center Admin 54 US-safety equip NORTHERN SAFETY AND INDUSTRIAL Office Supplies Customer Service 53 US-fit floor desk supplies POPCO INC Operating Supplies Fitness Center 50 US-Taxi at FDIC conf TAXI Operating Supplies Fire 50 US-garden open house HOME DEPOT CREDIT SERVICES Operating Supplies Water Conservation 50 US-event fee Dzevad IFMA Conference/Training Facilities Staff 50 US-event fee IFMA Conference/Training Facilities Staff 50 US-plan review trng NATIONAL FIRE SPRINKLER ASSOC. Conference/Training Fire 50 US-shop supplies NORTHERN TOOL&EQUIPMENT Repair&Maint. Supplies Park Maintenance 49 US-conf CRAGUNS Training Supplies Police 49 US-skate vending supplies PAYPAL INC Operating Supplies Ice Operations 48 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 48 US-tools HOME DEPOT CREDIT SERVICES Repair&Maint.Supplies Water Distribution 48 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 47 US-fixative for drawing BLICK ART MATERIALS Operating Supplies Arts Center 45 US-silverware/cups WALMART COMMUNITY Office Supplies Park Maintenance 45 US-supplies BLACK RIFLE COFFEE Operating Supplies Fire 45 US-storage bins TARGET Operating Supplies Summer Theatre 45 US-toner fs4 AMAZON.COM Process Control Equipment IT Operating 45 US-spare toner AMAZON.COM Process Control Equipment IT Operating 45 US-batteries for studios AMAZON.COM Operating Supplies Fitness Classes 45 US-supplies MICHAELS-THE ARTS&CRAFTS S Repair&Maint.Supplies Fitness/Conference-Cmty Ctr 44 US-conf parking WORLD OF WONDERS GARAGE Mileage&Parking Fire 44 US-displays for event AMAZON.COM Operating Supplies Pool Operations 44 US-parking PARK N GO Mileage&Parking Community Development Admin. 43 US-LTS name tags OFFICE DEPOT CREDIT PLAN Operating Supplies Ice Lessons 43 US-detergent MENARDS Equipment Parts Utility Operations-General 43 US-apps for PD mobile ITUNES STORE Capital Under$25,000 Capital Maint.&Reinvestment 43 US-hla aspire meal CRUMB GOURMET DELI Miscellaneous Planning Amount Explanation Vendor Account Description Business Unit 43 US-apps for PD mobile ITUNES STORE Capital Under$25,000 Capital Maint.&Reinvestment 43 US-liquor store pens 4IMPRINT Operating Supplies Den Road Liquor Store 43 US-liquor store pens 4IMPRINT Operating Supplies Prairie View Liquor Store 43 US-liquor store pens 4IMPRINT Operating Supplies Prairie Village Liquor Store 42 US jail blankets AMAZON.COM Operating Supplies Police 42 US-concrete forming tube MENARDS Repair&Maint.Supplies Water Distribution 41 US-critter food PETCO Operating Supplies Outdoor Center 40 US-training MINNESOTA EROSION CONTROL Conference/Training Street Maintenance 40 US-trng leadership PAPA JOHN'S PIZZA Operating Supplies Playgrounds 39 US-taxi TAXI Conference/Training Emergency Preparedness 38 US-flashlights HARBOR FREIGHT Small Tools Water Distribution 38 US-supplies LA POLICE GEAR Training Supplies Police 38 US-camera for memory card BEST BUY Video&Photo Supplies Assessing 38 US-office supplies AMAZON.COM Office Supplies Outdoor Center 38 US-hospitality for aspire focu CARIBOU COFFEE Miscellaneous Planning 38 US-evernote app-engineering ITUNES STORE Equipment Repair&Maint IT Operating 37 US-Perera mobile tod MN APA Conference/Training Planning 37 US-markers AMAZON.COM Operating Supplies Pool Operations 36 US-bluetooth keyboard AMAZON.COM Miscellaneous Athletic Programs Admin 36 US-fit kids wii supplies AMAZON.COM Operating Supplies Fit Kids Club 36 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 36 US-fuel for conf KWIK TRIP STORES Operating Supplies Fire 35 US-webinar AMERICAN CAMPING ASSOCIATION Conference/Training Youth Programs Admin 35 US-going away party COSTCO Operating Supplies Street Maintenance 35 US-fuel for conf SPEEDWAY Operating Supplies Fire 34 US-evidence transport SUPERAMERICA Motor Fuels Fleet Operating 34 US-apps for PD mobile ITUNES STORE Capital Under$25,000 Capital Maint.&Reinvestment 34 US-fuel for conf BP OIL Operating Supplies Fire 34 US-keyboard P&R AMAZON.COM Miscellaneous Athletic Programs Admin 34 US-water leak night crew food DOMINO'S PIZZA Repair&Maint. 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Deposits Escrow 56,273 Report Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances &Resolutions June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Approve First Reading of an Ordinance Richard Rosow, City Attorney Amending City Code Chapter 9 Relating to XI. A. the Keeping of Chickens in the City Requested Action Move to: Approve First Reading of an Ordinance Amending City Code Chapter 9,Relating to the Keeping of Chickens in the City. Synopsis In 2015, following receipt of a resident petition, the City Council asked staff to study whether backyard chickens should be allowed in the City. At the May 2, 2017 Council meeting, staff presented its research as well as the results of a resident Quality of Life Survey.After discussion,the Council directed staff to draft an ordinance to allow backyard chickens. The proposed ordinance attempts to address the Council's concerns about fencing,wintering, and slaughtering of chickens, and the location of chicken coops and runs to minimize any impact on neighboring properties. Background Information The ordinance creates a new Section 9.74 which permits the keeping of chickens in the City's Rural and R-1 One Family Residential Districts. Subdivision 1 defines "chicken"to include only female birds,which effectively prohibits any breeding of chickens. Subdivision 1 also defines several key terms, including"coop," "exercise yard," and"run." Subdivision 2 requires all persons wishing to keep chickens in the City to first register with the City. After the initial registration,no further registration is required unless the chicken keeper relocates the chicken coop or run to a new location on the premises. Subdivision 3 contains several conditions that chicken keepers must comply with. The number of chickens that may be kept on a premises at any time is limited to five,with the exception of rural- zoned properties of five acres or greater,which are allowed up to twenty-five chickens. Subdivision 3 also expressly prohibits the keeping of roosters.In addition,subdivision 3 requires a chicken coop and run or exercise yard, and contains additional conditions related to noise, sanitation, and treatment. Subdivision 3 further requires that chickens be slaughtered only at a retail establishment that employs a butcher. Subdivision 4 governs location and allows chickens to be kept only in the City's Rural and R-1 One Family Residential zoning districts. Chickens may not be housed in any residence or garage.Under subdivision 4, coops,runs,and exercise yards may not be located in any front yard or side yard,and may not be located in a back yard which directly abuts a neighboring front yard. Subdivision 4 also contains setback requirements for coops, runs, and exercise yards from lot lines, dwellings, and bodies of water, and prohibits such structures in any shore impact zone. Subdivision 5 provides standards for chicken coops,including permitting only one coop per premises and requiring a minimum of four feet of floor space per chicken. In addition, coops must comply with height restrictions for accessory structures and must offer adequate ventilation,insulation,and protection from predators, rodents, and other pests. The use of a heat lamp in a coop is prohibited. Subdivision 6 gives the City the right to inspect,upon prior notice to the owner, any chicken coop, run, exercise yard, or associated site to ensure compliance with the ordinance. Subdivision 7 exempts Rural-zoned properties of five acres or greater from certain requirements of the Section,including registration,slaughtering,and the size of runs and exercise yards.Subdivision 7 also contains an exemption for Rural-zoned properties that are already raising chickens as a conforming or legal-nonconforming use. Such properties are not required to comply with the new ordinance. Finally, the ordinance amends current Sections 9.07 and 9.08 by amending the definitions of "animals"and"farm animals,"and adding a new definition of"domestic animals,"which includes chickens.These amendments are necessary for consistency between Code sections and to permit the keeping of chickens. The ordinance also amends Section 9.07 to update outdated references to state statutes. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2017 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 9 BY ADDING SECTION 9.74 RELATING TO THE KEEPING OF CHICKENS AND AMENDING SECTIONS 9.07 AND 9.08 RELATING TO ANIMALS, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 9 is amended by adding Section 9.74 to read as follows: SECTION 9.74. KEEPING OF CHICKENS. Subd. 1. Definitions. As used in this Section, the following definitions shall apply: A. "Chicken" means a female fowl of the Genus, Species and Subspecies Gallus gallus domesticus. B. "Chicken keeper" means a person who maintains chickens on a premises located within the City. C. "Coop" means an enclosed and covered accessory structure in which chickens are housed. D. "Exercise yard" means a larger fenced in area that provides space for exercise and foraging. E. "Heat lamp" means an electrical device equipped with a bulb that emits mainly heat rather than light,used as a heat source. F. "Premises" is as defined in City Code Section 1.02, Subd. 22. G. "Rooster" means a male fowl of the Genus, Species and Subspecies Gallus gallus domesticus. H. "Run" means an enclosed and covered area attached to a coop in which chickens are allowed to roam freely. I. "Shore impact zone"is as defined in City Code Section 11.50, Subd. 4. J. "Slaughtering"means the killing of a chicken within the City. K. "Wetland buffer strip" is as defined in City Code Section 11.51, Subd. 3. Subd. 2. Registration. A. No person shall keep chickens on a premises in the City without completing a registration in accordance with this subdivision. B. A chicken keeper shall apply for registration with the City and receive approval of the registration prior to bringing any chicken into the City. If a chicken keeper relocates a coop or run to a new location on the premises, the chicken keeper shall apply for an updated registration prior to the relocation on the form provided by the City. C. The application for registration shall be upon the form provided by the City. All information required by the form shall be answered fully and completely by the chicken keeper. D. Upon the initial registration or any updated registration, a chicken keeper shall allow an employee of the City access to inspect any coop, run, exercise yard, and associated site for the purpose of ensuring compliance with this Section. E. The registration shall be valid as long as a person continues to keep chickens on the premises. A person no longer keeping chickens in the City shall notify the City within thirty(30) days. Subd. 3. Required Conditions. A. No roosters shall be permitted on any premises in the City. A rooster shall be removed within seventy-two (72) hours of the date of discovery of the rooster. B. Any animal noise associated with chicken keeping shall be in compliance with City Code Section 9.07, Subd 6.B. C. No more than five (5) chickens shall be kept on any premises at any time, except for Rural-zoned properties of five (5) acres or greater, which shall be allowed a maximum of twenty-five (25) chickens at any time. D. Coops, runs, and exercise yards shall be maintained in a reasonably clean and sanitary condition, consistent with the requirements of Minnesota Rule 1721.0320, subpart 1.B, including the timely removal of feces, urine, and food scraps. No person shall allow odors associated with chickens to emit outside the boundary of the premises. E. Chickens shall be kept in a manner that complies with Minnesota Statutes Chapter 343. F. A coop conforming with this section is required. G. A run or exercise yard conforming with this section is required. H. All grain and other foods stored for the use of the chickens shall be kept in containers with tight-fitting lids and designed to prohibit access by rodents and other pests. I. Chickens shall be confined inside an enclosed coop, run, or exercise yard at all times and shall not be allowed to run at large. J. Chickens shall not be slaughtered on the premises or elsewhere within the City other than a retail establishment that employs a butcher. K. Deceased chickens shall be removed as soon as possible after death but no later than forty-eight (48) hours and shall be disposed of in manner consistent with City Code Section 9.01, Subd 8. Subd. 4. Location. A. A registration application for keeping chickens shall be approved only for the keeping of chickens in the Rural and R-1 One Family Residential Districts. No registration application shall be approved for the keeping of chickens in any other zoning district. B. Except for premises that are zoned Rural and are five (5) acres or more in size, no chicken coop, run, or exercise yard shall occupy any front or side yard. For the purposes of this Section, a premises that is a corner lot shall be considered to have two (2) front yards. C. Chickens shall not be housed in a one-family residential house or an attached or detached garage. D. All coops and runs shall comply with minimum lot line setback requirements for accessory structures as specified in City Code Section 11.03, Subd. 2.B, Table 2, provided however in no instance shall any coop or run be closer than ten (10) feet from any lot line. E. No part of a coop or run shall be located closer than fifty(50) feet from any dwelling unit other than the dwelling unit on the premises where the coop or run is located. F. All coops, runs, and exercise yards shall comply with the required setbacks in all wetland buffer strip areas as specified under City Code Section 11.51, Subd. 8. G. No part of a coop, run, or exercise yard shall be located within any shore impact zone. H. No part of a coop, run, or exercise yard shall be located within fifteen (15) feet of any lake,pond, river, creek, or stream. I. No chicken, coop, run, or exercise yard shall occupy a back yard which directly abuts or adjoins any neighboring front yard. Subd. 5.Accessory Structure Standards A. Except as otherwise provided in this Section, all chicken coops shall meet the following requirements: 1. Only one coop shall be permitted per premises in the Rural and R-1 One Family Residential Districts. 2. All coops shall provide a minimum of four (4) square feet of floor space per chicken. 3. All coops shall comply with maximum height requirements for accessory structures as specified in City Code Section 11.03, Subd. 2.B, Table 2. 4. Coops shall be constructed to offer adequate ventilation and insulation during every season and be constructed in a manner that prohibits access by predators, rodents and other pests. 5. All coops shall have a minimum of one (1) sufficiently sized window to permit natural light to enter. 6. The use of a heat lamp in a coop or run is prohibited. B. Except as otherwise provided in this Section, all chicken runs and exercise yards shall meet the following requirements: 1. No run or exercise yard shall exceed one hundred twenty(120) square feet in size. 2. All runs and exercise yards shall be enclosed with fencing that prohibits the access of any predator. Subd. 6. Inspection A. Upon prior notice to the owner or occupant of a premises, a City employee shall have the right to inspect any chicken coop, run, exercise yard, or associated site for the purpose of ensuring compliance with this Section. B. It shall be deemed a violation of this Section for any person to resist, impede or hinder a City employee in the performance of his or her duties in inspecting any coop, run, exercise yard, or associated site. Subd. 7. Exemptions A. Rural zoned properties of five (5) acres or greater shall be exempt from the following provisions of this Section: (i) the registration requirement contained in subdivision 2; (ii) the slaughtering provision contained in subdivision 3.J; (iii) the size requirement for runs and exercise yards contained in subdivision 2.B.1; and (iv) the limitation on the number of coops contained in subdivision 5.A.1. B. Rural zoned property which is engaging in the activity of raising "farm animals" including poultry as a legal conforming or legal non-conforming use as of the date of adoption of this Ordinance shall be exempt from the requirements of this Section unless such use ceases for a period of one year. Section 2. City Code Chapter 9, Section 9.07, Subdivision 1 is hereby amended by deleting the phrase "Minnesota Statutes, 1994, Section 35.71" and replacing it with "Minnesota Statutes Section 346.47." Section 3. City Code Chapter 9, Section 9.07, Subdivison 2 is hereby amended by deleting the word"Code" in the first line and replacing it with the word"Section." Section 4. City Code Chapter 9, Section 9.07, Subdivision 2, Subsection A is hereby deleted in its entirety and replaced with the following: A. "Animal" includes any mammal, reptile, amphibian, fish, bird(including all fowl and poultry) or other member commonly accepted as part of the animal kingdom. Section 5. City Code Chapter 9, Section 9.07, Subdivision 8 is hereby amended by: (1) deleting the phrase "Minnesota Statutes, 1994, Section 35.71" in the second sentence and replacing it with "Minnesota Statutes Chapter 346"; and (2) deleting the last two sentences of the subdivision. Section 6. City Code Chapter 9, Section 9.07, Subdivision 13 is hereby amended by adding in the first sentence "as required by Minnesota Statutes Section 346.47" after "City Animal Shelter." Section 7. City Code Chapter 9, Section 9.07, Subdivision 15 is hereby amended by deleting the second sentence in its entirety and inserting the following after the first sentence: Areas in which animals are kept shall be maintained in a reasonably clean and sanitary condition, consistent with the applicable requirements of Minnesota Rules Chapter 1721, including the timely removal of feces, urine, and food scraps. No person shall allow odors associated with an animal to emit outside the boundary of the premises on which the animal is kept. Section 8. City Code Chapter 9.07, Subdivision 19, Subsection D is hereby deleted in its entirety and replaced with the following: C. Dog enclosures shall be maintained in a reasonably clean and sanitary condition, consistent with the requirements of Minnesota Rule 1721.0520, subpart 5.G, including the timely removal of feces, urine, and food scraps. No person shall allow odors associated with a dog to emit outside the boundary of the premises on which the dog is kept. Section 9. City Code Chapter 9, Section 9.08, Subdivision 1, Subsection A is hereby deleted in its entirety and replaced with the following: A. "Farm animals" mean cattle, mules, sheep, goats, swine, ducks, geese, turkeys, quail,pheasants, guinea fowl, and pea fowl. Section 10. City Code Chapter 9, Section 9.08, Subdivision 1, Subsection B is hereby deleted in its entirety and replaced with the following: B. "Animals" include any mammal, reptile, amphibian, fish, bird (including all fowl and poultry) or other member commonly accepted as part of the animal kingdom, including farm animals and domestic animals as defined in this Section. Section 11. City Code Chapter 9, Section 9.08, Subdivision 1 is hereby amended by adding the following new subsection C: C. "Domestic animals" means horses, ponies, dogs, cats, gerbils, hamsters, caged household birds, female chickens, and other animals commonly kept as domesticated household pets. Section 12. City Code Chapter 9, Section 9.08, Subdivision 2 is hereby amended by adding the following at the end of the sentence: ", or(6) domestic animals kept in compliance with any other applicable section of the City Code." Section 13. City Code Chapter 9, Section 9.08, Subdivision 7, Subsection A is hereby amended by deleting ", 1990." Section 14. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 15. This ordinance shall be in effect from and after the date of its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 13th day of June, 2017, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the_day of , 2017. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2017. CITY COUNCIL AGENDA DATE: SECTION: Report of City Manager June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of the City Manager Community Solar Garden Backup Subscription XIV. B. 1. Rick Getschow Agreement with Cooperative Energy Futures for a 217 kW community solar garden Requested Action Move to: Approve subscription agreement between Cooperative Energy Futures and the City for backup subscription for a 217 kW community solar garden Synopsis Cooperative Energy Futures is developing a 217 kW community solar garden on the roof of Pax Christi Catholic Church. Subscriptions will be purchased by congregation and community members. The City will be a nominal subscriber — .18% of capacity — and act as a backup subscriber for the solar garden. In the instance that another subscriber becomes ineligible and Cooperative Energy Futures is unable to find a replacement subscriber, Cooperative Energy Futures will transfer their subscription to the City. For the community solar garden project to move forward, Cooperative Energy Futures must have a backup subscriber. Background Cooperative Energy Futures is member-owned energy services co-op that builds community wealth through accessible energy efficient and clean energy solutions. Partnering with Pax Christi, Cooperative Energy Futures will develop and maintain a 217 kW community solar garden on Pax Christi's roof. Subscription agreements are for 25 years and subscribers are eligible if they are an Xcel Energy account holder and live in Hennepin County or an adjacent county. Both homeowners and renters are eligible to participate as long as they meet the criteria. The City will have a nominal subscription and as a backup subscriber, our total allocation cannot exceed 40% of the garden's nameplate capacity. Through our Sustainable Eden Prairie initiative, the City has identified implementation of sustainable practices as a priority. Community solar is a great way to educate and implement renewable energy across a large audience. By acting as a back-up subscriber, the City can ensure that the community solar project moves forward and provide support to a project that makes renewable energy more accessible. Attachment Subscription Agreement SUBSCRIPTION AGREEMENT This Subscription Agreement ("Agreement") is entered into this 13th day of June, 2017 by and between CEF EP Community Solar, LLC, a Minnesota limited liability company (together with its successors and assignees, "CEF EP")and City of Eden Prairie (together with any permitted transferees, "Subscriber"). CEF EP and Subscriber may be referred to individually as a"Party"or collectively as"Parties". RECITALS 1. CEF EP is engaged in the business of developing, constructing and operating community solar gardens as defined in Minn. Stat. Section 216B.1641 (2013) and related rules, regulations, orders, and tariffs (each a "CSG"). CEF EP is developing a solar photovoltaic facility approximately 217 kW in size (DC) to be located on the roof of Pax Christi Catholic Church at 12100 Pioneer Trail, Eden Prairie, MN 55347 (the "Project"). Subscriber is a retail electric customer of Northern States Power Company d/b/a Xcel Energy ("Xcel"),receiving service at the address or addresses set forth in Exhibit B. 2. Subscriber wishes to acquire bill credits associated with energy produced by 400 watts (DC) of the nameplate capacity of the Project. 3. Subscriber and CEF EP wish to enter into this Agreement to confirm Subscriber's participation in the Project and the terms and conditions for that participation. 4. The definitions set forth in Exhibit A are incorporated herein by reference. NOW,THEREFORE,in consideration of the above recitals,the mutual promises set forth below,and other good and valuable consideration,the adequacy and receipt of which are hereby acknowledged,CEF EP and Subscriber agree as follows: AGREEMENT ARTICLE 1 SUBSCRIPTION 1.1 Participation. CEF EP agrees to sell and Subscriber agrees to purchase the right to receive Bill Credits ("Subscription") associated with the Net Energy Production of a portion of the Project which consists of 0.18%of the nameplate capacity of the Project or 400 watts(DC)(the"Allocation"). 1.2 Term. (a) This Agreement shall be effective upon its execution and delivery by CEF EP and Subscriber and shall continue until the date that is twenty-five (25) years after the Commencement Date, unless earlier terminated in accordance with its terms(the"Term"). (b) CEF EP shall have the right to terminate this Agreement, upon written notice to Subscriber without further obligation to Subscriber, if(i) Subscriber is found to be ineligible to own a Subscription; (ii) the Project cannot be installed due to physical limitations at the site, (iii) CEF EP is unable to obtain any necessary permit for the Project, (iv) the Project fails to qualify as a CSG for any reason, or (v) CEF EP cannot obtain Project financing. 1.3 Allocation and Subscription. Subject to Subscriber's initial and continuing eligibility(as defined in Section 2.1), Subscriber's Subscription entitles it to receive Bill Credits against its monthly retail electrical bill from Xcel equal to the product of(i) Subscriber Energy for each production month during the Term, and (ii)the then-current CSG Rate. 1 1.4 CSG Rate. For Subscriber's rate class(as shown in Exhibit B)and the Project size,the current CSG Rate is $0.13296/kWh. The CSG Rate also includes payment for sale to Xcel of RECs associated with the Net Energy Production. The CSG Rate will be adjusted annually during the Term to reflect general rate increases or decreases for Xcel with respect to Subscriber's customer class approved by the Minnesota Public Utilities Commission("MPUC"),or other changes approved by the MPUC. 1.5 Ownership Limitation. Subscriber's Subscription only entitles it to the opportunity to receive Bill Credits described in Section 1.3. Subscriber is not purchasing, and CEF EP is not selling or transferring to Subscriber: (A) any ownership or lien in any solar modules or other tangible component of the Project; (B) any ownership or membership interests or rights in CEF EP or any entity which may own the Project or any financial rights or distributions associated with such ownership (any membership interests in Cooperative Energy Futures, an affiliate of CEF EP, acquired by Subscriber are governed by separate agreements); (C) any right to any payment by Xcel to CEF EP with respect to Unsubscribed Energy or related RECs; (D) any rights in any other contract relating to the Project or to which CEF EP may be a party; (E) any right to manage,direct,control or operate the Project or CEF EP;or (F) any RECs. 1.6 Allocation Additions. (a) Other subscribers in the Project may, from time to time, become ineligible to continue participation and will be required to either transfer their allocation to (i) an eligible transferee or (ii) CEF EP for transfer to a new subscriber. In the event that another Project subscriber must transfer a portion or all of its allocation in the Project, CEF EP shall use commercially reasonable efforts to locate one or more eligible replacement subscribers. If neither the subscriber nor CEF EP can locate another eligible transferee within sixty (60) days, Subscriber agrees to acquire the applicable subscriber's available allocation in the Project("Available Allocation")provided that the acquisition: (i) will not, when combined with Subscriber's then current Allocation and related Net Energy Production exceed forty percent(40%)of the Project's total nameplate capacity; (ii) will not cause the Net Energy Production attributable to Subscriber's Allocation to exceed Subscriber's Usage Limit; (iii) will not otherwise violate any Subscriber Eligibility Criteria or cause the Project to lose its eligibility as a CSG. (b) When an Available Allocation becomes available for transfer to Subscriber, CEF EP shall determine whether a transfer of the Available Allocation to Subscriber will cause any of the circumstances listed in Section 1.6(a)(i)-(iii) to occur. If CEF EP determines that a transfer of the Available Allocation will not violate any such criteria, CEF EP shall transfer, or cause the transferring subscriber to transfer, the Available Allocation to Subscriber, and will submit any documents and information to Xcel that may be necessary to modify Subscriber's Allocation and corresponding Subscription in Xcel's records. (c) Upon completion of Xcel's acceptance of the transfer and establishment of a date for the effectiveness of the transfer ("Transfer Date"), Subscriber's Allocation and corresponding Subscription shall be modified to reflect the transfer of the Available Allocation to Subscriber. Effective on the Transfer 2 Date, Subscriber shall be obligated to pay CEF EP for the Net Energy Production associated with the Available Allocation at the then applicable Subscriber Rate, and subsequent Subscription Payments shall reflect such amounts. Subscriber's "Allocation" and"Subscription" as used in this Agreement shall be deemed to be amended to reflect the addition of the Available Allocation as of the Transfer Date. (d) After transfer of any other subscriber's allocation to Subscriber, Subscriber may locate,or ask CEF EP to locate, a replacement subscriber or subscribers for any or all of the Available Allocation who are eligible to become subscribers in the Project and upon identification and confirmation of eligibility for any such subscriber, Subscriber may transfer an applicable portion of the Available Allocation to the replacement subscriber. CEF EP will assist with such transfer and in documenting the transfer with Xcel. ARTICLE 2 SUBSCRIBER ELIGIBILITY 2.1 Eligibility Requirements. Subscriber's Subscription and its eligibility to receive, and continue to receive, the Bill Credits acquired by this Agreement, is expressly conditioned upon Subscriber meeting the following criteria and any other eligibility criteria outlined in Applicable Laws ("Subscriber Eligibility Criteria")at all times during the Term: (a) The address at which Subscriber is to receive the Bill Credits(the"Eligible Address")must be located within Hennepin County or a contiguous county(Anoka, Carver, Dakota, Ramsey, Scott, Sherburne, and Wright);and the Subscriber must receive retail electric service from Xcel at the Eligible Address. (b) Subscriber's Allocation and Subscription can account for no more than forty percent (40%) of the nameplate capacity of the Project;and (c) The estimated Subscriber Energy (together with the subscribed energy from any other subscriptions Subscriber may have in other CSGs) cannot exceed one hundred and twenty percent (120%) of Subscriber's average annual energy usage for the prior 24 months at the Eligible Address (if available), which is calculated by Xcel at the time the Subscriber is entered into the Xcel CSG subscriber management system("Usage Limit"). 2.2 Energy Use Changes. If Subscriber's electrical energy usage at the Eligible Address declines or increases during the Term due to ordinary changes in usage patterns, installation or use of energy conservation measures (other than electrical generation equipment for net metering),renovations, expansions, or similar circumstances,the Usage Limit will not be modified to reflect any resulting change in usage. If Subscriber moves or transfers the Subscription to a transferee at another address,the usage history for the new address will be used to calculate a new Usage Limit. 2.3 Eligibility Data. CEF EP will assist Subscriber in evaluating its compliance with the Subscriber Eligibility Criteria and Usage Limit and will submit all required eligibility data to Xcel. Subscriber acknowledges that the eligibility data contained in Exhibit B is accurate and that CEF EP may use the data as well as Subscriber's electric bills or usage data at the Eligible Address to determine Subscriber eligibility and submit the data to Xcel for purposes of Xcel's confirmation of Subscriber's eligibility up to the full amount of its Subscription. Subscriber agrees to provide CEF EP and Xcel with any additional information requested by CEF EP or Xcel to determine,verify,or approve Subscriber's eligibility at any time during the Term,and to execute any separate authorization in this respect which Xcel may require. 2.4 Eligibility Determination. CEF EP will inform Subscriber of Xcel's determination of Subscriber's eligibility and Usage Limit. In the event that Xcel determines in an initial decision that Subscriber does not meet the Subscriber Eligibility Criteria for any reason other than a misstatement of information in Exhibit B, this Agreement shall automatically terminate and neither CEF EP nor Subscriber shall have any further obligation to the other party.In the event that Xcel determines in an initial decision that Subscriber's Usage Limit is lower than originally estimated by an amount which limits Subscriber's ability to use the full 3 Subscription acquired in this Agreement, CEF EP and Subscriber will amend the Agreement to modify Subscriber's Subscription and Allocation to correspond to the revised Usage Limit. CEF EP will notify Subscriber if Subscriber's Usage Limit as determined by Xcel is lower than originally estimated and an amendment is necessary and prepare the necessary amendment for execution. 2.5 Subscription Data. Subject to the confidentiality and privacy provisions of Article 8 of this Agreement, and if necessary for CEF EP or its Financiers to confirm Subscriber's creditworthiness, Subscriber agrees to provide CEF EP with reasonable credit information. 2.6 Agency Agreement. CEF EP will enter into the Standard Contract for Solar Rewards Community ("SRC Contract") with Xcel with respect to the Project which will govern the terms for sale of the Net Energy Production to Xcel. Attached to the SRC Contract will be a subscriber agency agreement and consent form ("Agency Agreement") that Subscriber will be required to sign setting forth details of data access and use and notice information for questions and disputes about the Subscription,Project and related Bill Credits. The form of the Agency Agreement is attached as Exhibit E and the form of the SRC Contract is attached as Exhibit F. ARTICLE 3 SUBSCRIPTION PAYMENT 3.1 Subscription Payments. (a) Each twelve (12)month period beginning with the Commencement Date and each anniversary of the Commencement Date shall be a Subscription Year. Beginning with the first Subscription Year, Subscriber shall pay to CEF EP monthly payments of $0.1275 per kWh ("Subscriber Rate") for Subscriber Energy allocated to Subscriber pursuant to its Subscription (each a "Subscription Payment"). (b) The Subscriber Rate for the first Subscription Year as set forth in Section 3.1(a) shall be increased at the beginning of each subsequent Subscription Year by two percent for Subscription Years 1-8. After Subscription Year 8, the Subscriber Rate for all subsequent Subscription Years shall equal the Subscriber Rate for the eighth Subscription Year. (c) CEF EP shall invoice Subscriber monthly for the Subscription Payment based on Subscriber Energy during the prior month. Subscriber's Subscription Payments will be due within thirty(30)days of the date of the invoice. 3.2 Delinquent Payments. If Subscriber fails to pay any amount due CEF EP hereunder, in full, by the scheduled due date, Subscriber will be charged interest on the outstanding balance accruing at the rate of five(5)percent per annum until the balance is paid in full. 3.3 No Additional Funds. The Subscription Payments represent full payment by Subscriber for the corresponding Bill Credits for the applicable month, and CEF EP shall not have any right to compel Subscriber to advance or pay any additional funds for the Project or the Subscription except as set forth in Section 7.6. 3.4 Electronic Funds Transfer. At CEF EP's request, and unless Subscriber does not have an account or other suitable arrangement, the Subscription Payments and administrative fees due to CEF EP under this Agreement shall be paid by ACH or other equivalent electronic funds transfer. Subject to applicable confidentiality and data security provisions with respect to Subscriber's account information and other private data, Subscriber agrees to execute any documents necessary to authorize CEF EP to withdraw Subscription Payments from Subscriber's designated account on a monthly basis either on an automated basis 20 days after the date of the invoice,or at an earlier date selected by Subscriber. 3.5 Disputed Payments. If Subscriber disputes any amount invoiced by CEF EP, Subscriber shall pay the undisputed amount of the invoice when due,and notify CEF EP in writing of the nature of the dispute. The 4 Parties shall utilize the dispute resolution process of this Agreement to resolve any dispute as quickly as practicable. If some or all of the amount in dispute is subsequently deemed to have been due to CEF EP, Subscriber shall pay the amount due, along with interest on the amount due at the rates forth in Section 3.2 for the period between the original due date and the date upon which the amount is paid. 3.6 Billing Adjustments Following Xcel Billing Adjustments. If, as a result of an Xcel billing adjustment for reasons other than negligence or other actions of CEF EP, the quantity of Net Energy Production is decreased(the "Electricity Deficiency Quantity") and Xcel reduces the amount of Bill Credits allocated to Subscriber for such period, CEF EP shall reimburse Subscriber for the amount of any Subscription Payment paid by Subscriber in proportion to the Electricity Deficiency Quantity. If as a result of such adjustment the quantity of Energy Production allocated to Subscriber is increased(the "Electricity Surplus Quantity") and Xcel increases the amount of Bill Credits allocated to Subscriber for such period, Subscriber shall pay for the Electricity Surplus Quantity at the Subscriber Rate applicable during such period with the next applicable Subscription Payment. ARTICLE 4 CEF EP OBLIGATIONS 4.1 Design and Implementation. CEF EP agrees to develop, design, finance, and construct the Project, including, but not limited to, site acquisition, procuring an agreement with Xcel that allows the Project to interconnect with Xcel ("Interconnection Agreement"), selection and procurement of Project components, and installation and testing of all Project components. To the extent required by Applicable Laws, installment and repairs shall be performed by, or under the supervision of, an NABCEP certified professional. 4.2 Solar Modules. Modules selected for the Project shall be suitable for the Project location and of reasonable quality. CEF EP is not obligated to use modules claiming to generate the most production, but may select modules suitable for the Project based on quality, manufacturer capability, historic performance, cost, and other factors. A copy of the manufacturer's warranty for the modules selected will be provided to Subscriber when available. 4.3 Application Process. CEF EP shall submit the Project to Xcel for approval as a CSG and shall provide all information required by Xcel to determine the eligibility of the Project. CEF EP shall negotiate and enter into the SRC Contract and any Interconnection Agreement or other similar agreement with Xcel necessary to qualify the Project as a CSG and for the Project to operate and deliver energy to Xcel. 4.4 Timeliness. CEF EP will use all commercially reasonable efforts to complete construction and installation of the Project within two (2) years after Xcel issues its approval of the Project as an eligible CSG or such longer period as is allowed by Xcel. 4.5 Eligibility Information. CEF EP shall submit to Xcel information needed for Xcel to confirm eligibility of Subscriber and for Xcel to enter Subscriber into the Xcel CSG subscriber management system for proper application of the Bill Credits to Subscriber's retail Xcel account at the Eligible Address including Subscriber's Account Information and Monthly Subscriber Information(as defined in the SRC Contract). 4.6 Insurance. CEF EP shall procure and maintain liability and other insurance necessary to protect CEF EP and the Project against material risks which might adversely affect the operation of the Project, during the Term of this Agreement. 4.7 Repair and Maintenance. CEF EP shall maintain, repair, and replace the Project components in accordance with Applicable Laws and manufacturer and insurance requirements. All upgrades, maintenance, and repairs will be performed in accordance with industry standards, including the recommendations of the manufacturers of the modules and other Project components. 5 4.8 Production Data. CEF EP shall provide Xcel with the Allocation and similar allocations for all Project subscribers, and shall provide, or allow Xcel to directly procure from the Project meter, production information for the Project, in order that Xcel may calculate and apply Bill Credits to Subscriber's retail account with Xcel. CEF EP shall verify with Xcel Energy, as necessary, the Net Energy Production of the Project each month. 4.9 Compliance. CEF EP shall operate the Project in compliance with all Applicable Laws,orders of the MPUC applicable to the Project or CSGs,Xcel's tariffs,and all applicable contracts to which CEF EP may be party. 4.10 Unscheduled Outage. After the Commencement Date, CEF EP agrees to provide notice to Subscriber of the occurrence of any unscheduled outage in excess of 25 kW at the Project and lasting longer than one hundred eighty(180) days and any expected lost production. Notice will not be required for scheduled maintenance outages or minor outages occurring in the ordinary course of operation. ARTICLE 5 CEF EP DISCLOSURES 5.1 Required Disclosures. CEF EP makes the following disclosures to Subscriber in compliance with MPUC orders and Xcel's CSG tariff: (a) Production Estimate. The estimate of Net Energy Production for the Project is set forth in Exhibit C ("Estimated Production"). (b) Unsubscribed Energy. Unsubscribed Energy will be purchased by Xcel from CEF EP in accordance with Applicable Laws and the SRC Contract and all payments by Xcel for Unsubscribed Energy and related RECs shall belong to CEF EP. (c) Reserves. CEF EP has or will have adequate funds available to maintain the Project and pay Project operating expenses such as taxes,maintenance,insurance, and management services for the Term and may maintain reserves for such expenses. (d) Other Agreements and Documents. CEF EP will provide Subscriber with the following no later than sixty(60)days prior to the Commencement Date or when available: (i) a copy of the executed SRC Contract between Xcel and CEF EP; (ii) a copy of the solar module warranty; (iii) certificate(s)of insurance for the Project; (iv) proof of a long-term Project maintenance plan. Subscriber agrees to acknowledge receipt of the materials and any other disclosures once provided. (e) Subscription Benefits. Exhibit D sets forth CEF EP's estimate of the possible benefits to Subscriber from its Subscription over the Term of this Agreement and a description of the assumptions underlying those estimates. (f) Xcel Disclaimers. CEF EP and Subscriber recognize that Xcel makes no representations or warranties to Subscriber about the tax treatment of the Subscription or Bill Credits received by Subscriber or any other tax issue or obligation of Subscriber related to the Subscription or Bill Credits, Subscriber's receipt of Bill Credits, or this Agreement. Xcel is not responsible to Subscriber with respect to the allocation of Subscriber's share of Net Energy Production;any such issues shall be solely the responsibility of CEF EP. Xcel shall be responsible to Subscriber solely for use and application of the correct CSG Rate to Subscriber's account, subject to Subscriber and CEF EP providing Xcel with the Allocation and other accurate information needed to do so. Additionally, Xcel makes no representation or warranty concerning the applicability of any federal or state securities laws to the acquisition of the Subscription. 6 ARTICLE 6 DISCLAIMERS 6.1 Production. Subscriber will not be charged by CEF EP under this Agreement for any electricity not produced by the Project. CEF EP makes no representation or warranty as to the likelihood that the Project will generate any specific or minimum amount of electricity or sufficient electricity so as to create any specific or minimum amount of Bill Credits to Subscriber during any period of time or over the Term of the Agreement as a whole. The production estimates in Exhibit C are based on a number of assumptions about expected solar resources at the Project location, accuracy of production estimating software, performance of the modules and other Project equipment, and other factors which are not within the control of CEF EP. The actual production of electricity by the Project and delivery of Net Energy Production is subject to lack of sunlight, other adverse weather, equipment failures, curtailments or outages and Force Majeure events. The production estimates and any other estimate communicated by CEF EP to Subscriber of expected Net Energy Production from the Project at any time or over any period of time is purely an estimate based on the information available to CEF EP at the time and is not a guarantee that any such production will occur or that any minimum or particular amount of Net Energy Production will be generated by the Project at any time or over any period of time. 6.2 Subscription Value. Notwithstanding the estimates in Exhibit D, CEF EP makes no representation or warranty as to the likelihood that Subscriber's Subscription will create any specific or minimum amount of economic benefit to Subscriber over any period of time or over the Term of this Agreement as a whole, or that the Subscription will create a positive economic benefit to Subscriber. The estimate of potential benefits contained in Exhibit D is based on a number of assumptions about future CSG Rates, Applicable Laws,and a number of other factors beyond the control of CEF EP. Any estimate by CEF EP in Exhibit D or elsewhere given to Subscriber as to any expected benefit to Subscriber from the Subscription at any time or over any period of time is purely an estimate based on the information available to CEF EP and related assumptions at the time and is not a guarantee that any positive economic benefit will accrue to Subscriber from the Subscription or that any specific or minimum amount of benefits will accrue to Subscriber over any period of time,or over the Term of the Agreement. 6.3 Tax Liability. CEF EP makes no representation or warranty as to whether Subscriber will incur federal, state, local, or other tax liabilities associated with its acquisition of the Subscription or receipt of Bill Credits from Xcel. CEF EP advises Subscriber to consult its own tax advisors for any such information. As between the Parties, CEF EP is responsible for payment of all taxes assessed or imposed against the Project, including any production tax pursuant to Minn. Stat. Section 272.0295, as amended, and with respect to amounts received by CEF EP or its affiliates from the sale of electricity to Xcel or from subscribers or other sources. Subscriber shall be responsible for payment of any taxes assessed against the Subscriber and related to Subscriber's receipt of Bill Credits. 6.4 Securities. The Subscription being sold under this Agreement has not been registered under the Securities Act of 1933, as amended, or any state securities laws because CEF EP does not believe the Subscription constitutes a security governed by such laws. CEF EP's conclusion is based in part in reliance on the understanding that Subscriber is acquiring the Subscription for personal use only and not for the purpose of resale or distribution. Subscriber agrees that it is not acquiring the Subscription for the purpose of making a market in such interests or trading it on any securities market or equivalent thereof which might fall within the scope of such laws. 6.5 Minimum Production Guarantee. CEF EP guarantees that in every period of three consecutive Subscription Years during the Term the Project will produce and deliver to Xcel Net Energy Production in an amount no less than eighty-five(85%)of the sum of the Estimated Production for the three years as set forth in Exhibit C. To the extent production and delivery of electricity for the Project is prevented by a Force Majeure event or a default by Xcel under the SRC Contract or Interconnection Agreement, an estimate of Net Energy Production lost due to such causes shall be made using actual solar insolation during the applicable period and added to actual Net Energy Production during the applicable three year period for purposes of 7 this section. If actual Net Energy Production during the applicable three Subscription Years, as adjusted, is less than eighty-five (85%) of the sum of the Estimated Production for the three years (the "Production Deficiency"), CEF EP shall pay Subscriber an amount equal to the difference between the applicable CSG Rate and Subscription Rate during the period for each kWh of the Production Deficiency. ARTICLE 7 TRANSFERABILITY AND LOSS OF ELIGIBILITY 7.1 General. The validity of the Subscription is dependent upon, among other things, Subscriber's continuing compliance with the Subscriber Eligibility Criteria at the Eligible Address and payment of the Subscription Payments. The Subscription is not transferable to third parties, other physical addresses, or other Xcel accounts except in the circumstances and subject to Applicable Laws and the conditions set forth below. The Subscription is not transferable by Subscriber at any time when Subscriber is in default under this Agreement,including for failure to pay a Subscription Payment,unless the terms of the transfer provide for cure of the default,including payment of any overdue Subscription Payment,as approved by CEF EP. 7.2 Relocation/Sale of Eligible Address. (a) If during the Term Subscriber moves from the Eligible Address and is no longer the Xcel account- holder at that address, Subscriber may elect to transfer the Subscription to a new address upon sixty (60) days prior written notice if the following qualifications are met: (1) Subscriber's new address is within Hennepin County or a contiguous county, (2) Subscriber assumes or establishes a new retail electric account with Xcel at the new address and(3) Subscriber meets all other Subscriber Eligibility Criteria at the new address. Transfer of the Subscription is subject to approval by Xcel and determination that the estimated Subscriber Energy will be less than the Usage Limit at the new address. (b) If during the Term Subscriber moves from the Eligible Address and is no longer the Xcel account- holder at that address, and Subscriber is no longer eligible for Bill Credits under the Subscription at the new address for all or any portion of the Subscription, Subscriber must transfer the applicable portion of the Allocation and Subscription to another eligible transferee in accordance with Section 7.3. Subscriber shall be permitted up to no more than sixty (60) days to complete transfer of the applicable portion of the Allocation and Subscription to one or more eligible transferees, after which, if some or all of the Subscription is not so transferred Subscriber shall execute any documents necessary for the remaining Subscription to be transferred to CEF EP,or if the entire Subscription has not been transferred, CEF EP may terminate this Agreement. A transfer to a purchaser of the real property at the Eligible Address is permitted subject to Section 7.3. 7.3 Transfer to Other Eligible Customers. Subscriber may voluntarily transfer the Subscription or any portion thereof to any person or entity who, at the time of the transfer(1)meets the Subscriber Eligibility Criteria for the Project, and(2)whose participation as a Subscriber in the Project in the amount represented by the Allocation and Subscription to be transferred will not cause the Project to no longer be eligible as a CSG or otherwise not comply with Applicable Laws or contractual obligations to Xcel. In addition,the validity of any such transfer is expressly conditioned upon: (a) Sixty (60) days' prior written notice to CEF EP identifying the proposed transferee, providing the physical address at which they take electric service from Xcel, their Xcel account number and all other information needed to determine their eligibility to be a subscriber, as well as any other subscriptions in the Project or other CSGs held by the proposed transferee, and any distributed generation facility owned or leased by the proposed transferee at the service address associated with the proposed transfer; (b) receipt by CEF EP and Xcel of authorizations from the proposed transferee needed to access their Xcel account data, and receipt by CEF EP of usage data at the proposed transferee's address needed to calculate the applicable Usage Limit; 8 (c) determination by CEF EP and Xcel that the proposed transferee is eligible to be a subscriber in the Project and that their participation as a subscriber will not cause the Project to fail to be eligible as a CSG or otherwise not comply with any Applicable Laws or contractual obligations to Xcel;and (d) the proposed transferee's express written assumption of this Agreement or execution and delivery of a new subscription agreement with CEF EP as to the Subscription on terms acceptable to CEF EP, including the cure of any prior defaults of Subscriber existing under this Agreement,and (e) Subscriber shall not charge any fee or make any profit on the transfer. Once any proposed transfer meets these criteria, CEF EP shall arrange the delivery of data to Xcel necessary to cause Xcel to reflect the change in subscribers and begin applying the applicable Bill Credits to the transferee's retail Xcel electric account. 7.4 Involuntary Transfers. Upon transfer of title or control of the Eligible Address or Subscription, or portion thereof, due to bankruptcy, foreclosure, divorce, or operation of law for other reasons, Subscriber or the transferee must notify CEF EP immediately. During any period of time in which a trustee, receiver, or creditor is in possession of the Eligible Address and assumes responsibility as the account-holder with Xcel at the Eligible Address, such transferee shall be deemed to have succeeded to the rights of Subscriber under this Agreement at the Eligible Address during the period of its possession. Upon the transfer of title to the property at the Eligible Address and the Subscription to a creditor or other third party by operation of law, the transferee shall notify CEF EP of the transfer. If the transferee meets all Subscriber Eligibility Criteria, the transfer shall be treated as a transfer of the Subscription to such transferee upon completion of the conditions set forth in Section 7.3(a)-(d). If one or more transferees does not meet the conditions of Section 7.3, then the ineligible transferee(s) shall be required to either immediately transfer the Subscription or applicable portion to an eligible transferee in accordance with Section 7.3. Failure to effectuate a transfer to an eligible transferee within thirty (30) days shall allow CEF EP to terminate this Agreement pursuant to Section 10.2. 7.5 Transfer Timeline. Once all necessary information is received from Subscriber and any proposed transferee, CEF EP will use all commercially reasonable efforts to implement the transfer within sixty(60) days. 7.6 Transfer Fee. For any transfer occurring pursuant to Section 7.2, 7.3 or 7.4, Subscriber shall pay CEF EP an administrative fee of seventy-five dollars($75)for each transfer. ARTICLE 8 PRIVACY; CONFIDENTIALITY 8.1 Subscriber Data. (a) CEF EP will not disclose personal Subscriber data or information to any person except(i)Xcel,to the extent required by Applicable Laws,the Agency Agreement or the SRC Contract,for the purpose of administration of the Project, and Subscription; (ii) attorneys, accountants, subscription outreach partners, and agents of CEF EP to the extent necessary for them to render advice or perform professional services associated with the Project or this Agreement; (iii) as otherwise required by Applicable Laws. In each case, disclosure is subject to the obligation or agreement of the recipient to keep such data or information private. Account data of Subscriber in the possession of CEF EP for purposes of Section 3.4 shall be kept strictly confidential and disclosed only to those employees or contractors of CEF EP who need to use it to effect such payments. (b) As of the date of this Agreement,the parties do not believe that CEF EP is or will be performing any governmental functions of Subscriber under this Agreement.However,if and to the extent CEF EP is found to be performing governmental functions through performance by CEF EP of this Agreement,the following provisions will apply with respect to the Minnesota Government Data Practice Act, Minnesota Statutes 9 Chapter 13 (Data Practices Act). Pursuant to the Data Practices Act Section 13.05, Subd. 11, 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 CEF EP in performing any of the governmental functions of Subscriber in CEF EP's performance of this Agreement will be subject to the requirements of the Data Practices Act and CEF EP shall comply with those requirements as if it were a government entity. 8.2 Privacy Policies. Subscriber data shared with Xcel will be subject to Xcel's data privacy policy, a copy of which is in the Agency Agreement in Exhibit E and will be included in the SRC Contract. 8.3 Confidential Information of Owner. Certain information and data provided by CEF EP with respect to the Project, Subscription, or other aspects of CEF EP's business may be designated by CEF EP as trade secret and proprietary information, and Subscriber agrees not to disclose such information to any other person without CEF EP's prior written approval or as required by the Data Practices Act. CEF EP acknowledges that Subscriber is subject to the Data Practices Act with respect to the handling and disclosure of information received from other persons. Under Minn. Stat. Section 13.37, subd. 2(a), "trade secret information," as defined in Minn. Stat. Section 13.37, subd. 1(b) is nonpublic data or private data. CEF EP shall notify Subscriber if CEF EP believes that any data provided by CEF EP to Subscriber is"trade secret information." Subscriber agrees not to disclose any such data which Subscriber agrees is eligible for protection from disclosure as trade secret information under the Act to any other person except as required by law. If Subscriber receives a request form a third party for disclosure of any such trade secret information, or any other data or information from CEF EP which CEF EP deems to be trade secret but which Subscriber has not designated as trade secret, Subscriber shall provide CEF EP with ten (10) days notice before releasing the requested data or information in order to permit CEF EP to contest disclosure or exercise any legal remedies it may have to prevent disclosure. 8.4 Use of Summary Data. Subscriber agrees that CEF EP may compile and make public certain summary data about the Project which does not disclose or allow any other Person to determine information or data about Subscriber or any other individual Project subscriber. Summary data which may be disclosed includes: (a) aggregate Net Energy Production by the Project,either in real-time or over any period of time; (b) total number of Project subscribers at any point in time; (c) average size of Project subscriber allocations; (d) aggregate bill credits received by Project subscribers;and (e) average or aggregate fmancial benefits or the amount or value of Bill Credits for subscribers in the Project alone or together with other CSG projects managed by Cooperative Energy Futures and its affiliates. 8.5 Audit Disclosure. If this Agreement is determined to be a contract for which the provisions of Minnesota Statutes Section 16C.05, subdivision 5, apply, the books, records, documents and accounting procedures and practices of CEF EP or other party, that are relevant to the Agreement, are subject to examination by Subscriber and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement to the extent provided by law and maintaining any nonpublic status as provided in Section 8.3. ARTICLE 9 DISPUTE RESOLUTION 9.1 Xcel Disputes. (a) Any dispute or question which Subscriber has with respect to the application by Xcel of the Bill Credits associated with its Subscription to its retail electric bill, including the applicable CSG Rate, 10 shall be directed by Subscriber to Xcel for resolution. Subscriber may request that CEF EP assist Subscriber in this respect. If the dispute or question is not resolved to the Subscriber's satisfaction, Subscriber has the right to complain directly to the MPUC at the following address: Minnesota Public Utilities Commission 121 7th Place East, Suite 350 St.Paul,MN 55101 Tel: (651)296-7124 Toll free: (800)657-3782 Fax: (651)297-7073 consumer.puc@state.mn.us (b) All disputes arising with respect to the contract between Xcel and CEF EP shall be resolved by negotiation and, in the absence of an agreement, by the MPUC. Any issue or dispute identified by Subscriber with respect to Xcel's CSG program or Xcel's actions with respect to the Project or Subscription other than as described in Section 9.1(a)shall be referred to CEF EP. 9.2 Disputes Among Parties. Any dispute or issue arising from or related to this Agreement,the Subscription, the Project, or CEF EP's performance of its obligations with respect to Subscriber, including, but not limited to, the determination of Subscriber Energy, which are not resolved by communications between Subscriber and CEF EP representatives over the phone or electronically shall be submitted to the other Party in writing. The parties shall thereafter engage in mediation with a mutually agreed-upon neutral third party. If resolution is not reached through mediation, either Party shall be entitled to pursue any other remedies it may have available by law. ARTICLE 10 EVENTS OF DEFAULT; TERMINATION 10.1 Events of Default.Each of the following events shall be an Event of Default under this Agreement: (a) A Party breaches any material obligation, term, or provision of this Agreement and fails to cure the breach within thirty(30)days of written notice of the breach from the non-defaulting Party. (b) A representation or warranty by a Party in this Agreement, or any eligibility information provided by Subscriber, is materially untrue, and the applicable Party fails to correct the representation or warranty within ten(10)days of notice from the non-defaulting Party. (c) With respect to Subscriber, Subscriber fails to make any Subscription Payment when due, and fails to cure the default within ten(10)days after written notice of default from CEF EP or fails to make two consecutive Subscription Payments when due. For purposes of this provision, lack of funds in an account from which funds were to be withdrawn pursuant to Section 3.5 shall be deemed non- payment by Subscriber. (d) With respect to Subscriber and except as provided in Section 2.4, Subscriber (or an involuntary transferee pursuant to Section 6.4) fails to meet the Subscriber Eligibility Requirements at any time during the Term and fails to cure the deficiency immediately after notice from CEF EP or Xcel, and Subscriber does not or cannot transfer its Subscription to an eligible transferee within the period allowed by this Agreement; (f) (e) With respect to CEF EP, the Project becomes ineligible as a CSG during the Term, or the SRC Contract or Interconnection Agreement is terminated, or CEF EP's rights to or interest in the property on which the Project is located are terminated, and CEF EP does not provide substitute capacity from another CSG to replace Subscriber's Allocation within thirty(30)days. 10.2 Termination. In the event a defaulting Party fails to cure an Event of Default within the applicable cure period,the non-defaulting Party may terminate this Agreement by notifying the defaulting Party in writing. 11 Upon termination of this Agreement by CEF EP for an uncured Event of Default by Subscriber, CEF EP shall have no further obligations to Subscriber under this Agreement except for payments or obligations arising or accruing prior to the effective date of termination. CEF EP may notify Xcel to remove Subscriber as a subscriber with respect to the Project, and Subscriber shall no longer receive Bill Credits associated with the Subscription or Project. In the event of a termination of this Agreement by Subscriber due to an Event of Default by CEF EP, Subscriber shall have no further obligation to CEF EP except for obligations arising or accruing prior to termination including Subscription Payments for Bill Credits received by Subscriber. 10.3 Effect of Dispute. If the Parties are engaged in a dispute as to whether an Event of Default has occurred or whether a Party has a right of termination, and the Parties are handling the dispute through the procedures set forth in Section 9.2, then the Party claiming the Event of Default or right to terminate shall not be entitled to terminate the Agreement until a final ruling by the MPUC or other decision-maker with jurisdiction provided that Subscriber continues to make any Subscription Payments to CEF EP as they arise. 10.4 Xcel Obligations. In the event Subscriber is determined to have been ineligible to receive Bill Credits from Xcel pursuant to its Subscription for any period of time during the Term, and Xcel seeks recovery of the value of such Bill Credits from Subscriber, CEF EP shall have no liability to Subscriber for the value of any such Bill Credits unless the lack of eligibility was due to a breach by CEF EP of its obligations under this Agreement. 10.5 No Consequential Damages. No Party shall be liable to the other Party for any indirect, special,punitive, exemplary, incidental, or consequential damages, whether arising in contract, tort, under statute, or in equity,and each Party waives its rights to any such damages. 10.6 Force Majeure. The performance of each Party may be affected or prevented due to events or circumstances beyond the control of the party and that could not, by the exercise of due diligence and foresight,reasonably have been avoided,including flood,earthquake,tornado,hail,fire,lightning,war,riot or other act of God or other cause beyond the control of the party affected("Force Majeure"). A party shall not be liable to the other party to the extent it is prevented from performing its obligations in whole or in part due to a Force Majeure,provided the party affected promptly takes all action reasonably necessary to overcome its inability to perform. Force Majeure shall not excuse any obligation of a party to pay money to the other party. 10.7 Exclusive Remedies. The remedies set forth in this Agreement shall be the sole and exclusive remedies for any claim or liability arising out of or in connection with this Agreement, whether arising in contract, tort (including negligence),strict liability or otherwise. 10.8 Financing. Assignment by CEF EP. CEF EP may(i)assign its rights and interests in this Agreement to an affiliate or to a successor by acquisition, merger or reorganization, (ii) mortgage, pledge, or collaterally assign this Agreement and the Project to any Financier; and (iii) assign this Agreement and the Project to any entity through which CEF EP is obtaining financing or capital for the Project; in each case without the consent of Subscriber. CEF EP will provide to Subscriber commercially reasonable notice of the assignment of this Agreement to any non-affiliated third party. In the event of any assignment or transfer of all of CEF EP's rights and obligations under this Agreement other than a collateral assignment, CEF EP shall be released from all its liabilities and other obligations under this Agreement, provided the assignee assumes all of CEF EP's_liabilities and obligations to Subscriber. In the event a Financier acquires CEF EP's rights and obligations under this Agreement and the Project,by foreclosure or otherwise,the Financier may assign, sell or transfer its interests in this Agreement and the Project to any other person without Subscriber's consent. 10.9 Opportunity to Cure. Once this Agreement has been assigned or otherwise mortgaged or pledged to a Financier, if an Event of Default occurs by CEF EP, Subscriber may not terminate this Agreement unless Subscriber provides prior written notice of the alleged Event of Default to the Financier (if CEF EP has 12 provided Subscriber with contact information from the Financier),and the Financier shall have no less than thirty(30) days after receipt of the notice to cure any default, or if the default cannot reasonably be cured within thirty (30) days, and the Financier commences and diligently pursues a cure for the default within the thirty (30) day period, then the Financier shall have up to an additional ninety (90) days to cure the default. 10.10 Financier Changes. CEF EP will be obtaining construction and long-term financing from one or more Financiers. Subscriber agrees to consider and to negotiate in good faith any changes or additions to this Agreement reasonably requested by a Financier, provided that Subscriber is not obligated to agree to any proposed change or addition that changes the Term of this Agreement, the Subscriber Rate, or other material financial obligations of Subscriber. Subscriber will also execute estoppels, consents or other documents reasonably requested by a Financier provided the information and representations of Subscriber in any such document are factually accurate and do not impose any liability on Subscriber. ARTICLE 11 REPRESENTATIONS 11.1 General Representations. Each party represents and warrants to the other party as of the date of this Agreement that: (a) it is duly organized and validly existing and in good standing in the jurisdiction of its organization; (b) it has the full right and authority to enter into, execute, deliver and perform its obligations under the Agreement; (c) it has taken all requisite corporate or other action to approve the execution, delivery and performance of the Agreement; (d) the Agreement constitutes its legal,valid and binding obligation enforceable against such Party in accordance with its terms, except as may be limited by applicable bankruptcy, insolvency, reorganization, moratorium and other similar laws now or hereafter in effect relating to creditors' rights generally; (e) there is no litigation, action,proceeding or investigation pending or, to the best of its knowledge, threatened before any court or other governmental authority by,against,affecting or involving any of its business or assets that could reasonably be expected to adversely affect its ability to carry out the transactions contemplated herein;and (f) it is not currently the debtor in any bankruptcy, insolvency, liquidation or similar proceeding, has no present intent to seek protection under any bankruptcy, insolvency, liquidation or similar laws providing relief for creditors, and to the best of its knowledge, no other person intends to pursue any action to involuntarily subject the Party to any bankruptcy, insolvency, liquidation or similar proceeding. 11.2 Subscriber Representations. Subscriber further represents to CEF EP as of the date of this Agreement: (a) The information in Exhibit B is true and correct; (b) The Eligible Address is not served by any on-site or other distributed electric generation facilities, and no such facilities are currently planned to be installed at, or which would serve, Subscriber at the Eligible Address;and (c) Subscriber is not exempt from the Solar Energy Standard under Minn. Stat. Section 216B.1691, subd.2(f)(d). 13 11.3 CEF EP Representations. CEF EP represents and warrants that it has the legal right to use the real property on which the Project is located for the purpose of operating the Project for the Term of this Agreement. CEF EP will provide Subscriber with proof of such rights prior to the execution of this Agreement. CEF EP shall provide Subscriber with written notice of any material default of its lease with the owner of the property on which the Project is located that impacts CEF EP's performance of its obligations to the City under this Agreement. ARTICLE 12 MISCELLANEOUS 12.1 Notice. All notices or other communications required or permitted to be given under this Agreement will be in writing and delivered by hand,sent by facsimile or electronic mail,or sent,postage prepaid,by U.S. mail or reputable courier service to the respective parties as follows: To Subscriber: City of Eden Prairie Attn:Rick Getschow,City Manager 8080 Mitchell Road Eden Prairie,MN 55344 Email:rgetschow@edenprairie.org To CEF EP: Cooperative Energy Futures Attn: CEF EP Community Solar,LLC 3500 Bloomington Avenue South Minneapolis,MN 55407 Email: Complaints or inquiries about this Agreement may be directed to CEF EP at the address and phone number listed above. Notice shall be deemed delivered: (1) upon receipt or refusal, if personally delivered; (2) upon the date of actual delivery or refusal shown on the courier's delivery receipt if sent by overnight courier; (3)on the fourth business day after deposit in the U.S. mail if sent by certified mail; and(4)if sent by email, upon the day of transmission, if sent before or during normal business hours, or the next day if sent after normal business hours,unless a message stating that the email was undeliverable at the address is received by the sending party. Any party may change the address for notice by notice to the other party. Notice by electronic mail shall be made to the email address listed above. Each party shall be entitled to conclusively presume that the address provided by the other party is, and remains, accurate, until notified otherwise by the other party 12.2 Assignment. Except as otherwise provided herein, neither Party may assign this Agreement without the prior written consent of the other Party. Any purported assignment without the required consent shall be void. 12.3 No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any duty to, or standard of care with reference to,or liability to,any person not a party to this Agreement. No provision of this Agreement is intended to nor shall it in any way inure to the benefit of any third party so as to constitute any such person a third party beneficiary under this Agreement, or of any one or more of the terms of this Agreement, or otherwise give rise to any cause of action in any person not a party to this Agreement. 12.4 Entire Agreement. It is mutually understood and agreed that this Agreement constitutes the entire agreement between Subscriber and CEF EP and supersedes any and all prior oral or written understandings, representations or statements, and that no understandings, representations or statements, verbal or written, have been made which modify,amend,qualify or affect the terms of this Agreement. This Agreement may not be amended except in a writing executed by both parties. 14 12.5 Governing Law. This Agreement is made in Minnesota and shall be governed by the laws of the State of Minnesota. 12.6 Waiver. Neither Party shall be deemed to have waived any provision of this Agreement or any remedy available to it unless such waiver is in writing and signed by the Party against whom the waiver would operate. Any waiver at any time by either Party of its rights with respect to any rights arising in connection with this Agreement shall not be deemed a waiver with respect to any subsequent or other matter. 12.7 Relationship of Parties. The duties, obligations and liabilities of each of the Parties are intended to be several and not joint or collective. This Agreement shall not be interpreted or construed to create an association, joint venture, fiduciary relationship or partnership between the Parties or to impose any partnership obligation or liability or any trust or agency obligation or relationship upon either Party. CEF EP and Subscriber shall not have any right,power, or authority to enter into any agreement or undertaking for,or act on behalf of,or to act or be an agent or representative of, or to otherwise bind,the other Party. 12.8 Severability. Should any provision of this Agreement be or become void, illegal or unenforceable, the validity or enforceability of the other provisions of the Agreement shall not be affected and shall continue in full force. The Parties will, however, use their best efforts to agree on the replacement of the void, illegal or unenforceable provisions with legally acceptable clauses which correspond as closely as possible to the sense and purpose of the affected provision and the Agreement as a whole. 12.9 Counterparts;Electronic Signatures. This Agreement may be executed in two or more counterparts and by different parties on separate counterparts,all of which shall be considered one and the same agreement and each of which shall be deemed an original. To the extent permitted by Applicable Laws, this Agreement may be executed electronically and delivered by electronic transmission, and such electronic signatures shall be deemed original signatures for all purposes. (SIGNATURE PAGES TO FOLLOW) 15 CEF EP COMMUNITY SOLAR,LLC,a Minnesota limited liability company By Its CITY OF EDEN PRAIRIE,A Minnesota municipal corporation By: Its: Mayor By: Its: City Manager 16 EXHIBIT A ADDITIONAL DEFINITIONS 1. Applicable Laws. Any law, statute, rule, regulation, ordinance, order (including orders issued by the MPUC), tariff,judgment, or other legally binding restriction or ruling issued by a governmental authority which is applicable to the Project,CEF EP, Subscriber,CSGs or this Agreement. 2. Commencement Date. The Date of Commercial Operation as defined in the SRC Contract. 3. CSG Rate. An amount per kilowatt-hour established by the MPUC with respect to specific classes of Xcel customers to be used for determining the value of a CSG subscriber's Bill Credits. 4. Net Energy Production. The electrical energy actually generated by the Project and delivered to the point at which the Project physically interconnects with Xcel's electrical system and sold to Xcel, as measured by metering equipment installed by Xcel. Net Energy Production excludes electrical energy generated by the Project and used by the Project or lost in the transformation,transmission or conversion of electrical energy generated by the Project before physical delivery to Xcel. 5. Usage Limit. The maximum amount of electricity for which Subscriber may receive Bill Credits at the Eligible Address,as determined in accordance with Applicable Laws. 6. RECs. "Renewable Energy Credits"or"RECs"as defined in the SRC Contract. 7. Subscriber Eligibility Criteria. The criteria established by Applicable Laws, including, but not limited to, MPUC orders and Xcel tariffs applicable to CSGs, which Xcel retail electric customers must satisfy to participate as subscribers in a CSG. 8. Unsubscribed Net Energy.Net Energy Production from the Project which is not allocated to a subscriber in the Project. 9. Subscriber Energy. The amount of Net Energy Production during any period of time which equals the product of the Net Energy Production for the period and the Allocation. 10. Bill Credits. The monetary value of a credit to be applied by Xcel to a CSG subscriber's retail electric bill in accordance with Applicable Laws,orders,tariffs,and the SRC Contract. 11. Financier. Any person providing money or extending credit (including any capital lease) to CEF EP for construction, term, or permanent financing of the Project or working capital for CEF EP or the Project, exclusive of common trade creditors. 17 EXHIBIT B SUBSCRIBER DATA 1. Subscriber(name as shown on Xcel account) City of Eden Prairie 2. Xcel service address(Eligible Address): 1413 Load Profile 16700 Valley View Road Eden Prairie,MN 55346-4243 3. Xcel account number: 51-517979-3 5. Subscriber Rate Class: General Service 5. Net metering or other generation at Eligible Address: 14.7 kW net metered solar array,two 500 kW diesel engine generators with 2000 amp fused transfer switch 6. Other Xcel accounts: n/a 7. Other CSG subscriptions: n/a 18 EXHIBIT C ESTIMATE OF NET ENERGY PRODUCTION Operation Year Production Estimate(kWh) 1 269,378 2 267,573 3 265,780 4 263,999 5 262,231 6 260,474 7 258,728 8 256,995 9 255,273 10 253,563 11 251,864 12 250,176 13 248,500 14 246,835 15 245,182 16 243,539 17 241,907 18 240,286 19 238,676 20 237,077 21 235,489 22 233,911 23 232,344 24 230,787 25 229,241 TOTAL 6,219,809 Actual production will differ from estimated production due to deviations in actual sunshine received, breakdowns or curtailments, and other events. Estimated Production was determined using PVWatts software using publicly available historical data for solar resources at the site of the Project,the manufacturer's specifications for production capability of the solar modules, and reduction for estimated losses for Project usage and conversion, transmission and transformation of the electricity generated by the Project. 19 EXHIBIT D ESTIMATED SUBSCRIPTION BENEFITS Estimated Subscriber CSG Allocation CSG Rate Benefit/ Year Rate Production (%) ($/kWh) ($ ) (Cost)($) (kWh) 1 269,378 0.18% 0.13605 0.1275 $ 4.24 2 267,573 0.18% 0.13923 0.1301 $ 4.53 3 265,780 0.18% 0.14251 0.1327 $ 4.83 4 263,999 0.18% 0.14588 0.1353 $ 5.15 5 262,231 0.18% 0.14936 0.1380 $ 5.48 6 260,474 0.18% 0.15294 0.1408 $ 5.84 7 258,728 0.18% 0.15663 0.1436 $ 6.22 8 256,995 0.18% 0.16043 0.1465 $ 6.61 9 255,273 0.18% 0.16434 0.1465 $ 8.41 10 253,563 0.18% 0.16837 0.1465 $ 10.24 11 251,864 0.18% 0.17252 0.1465 $ 12.09 12 250,176 0.18% 0.17680 0.1465 $ 13.98 13 248,500 0.18% 0.18120 0.1465 $ 15.91 14 246,835 0.18% 0.18574 0.1465 $ 17.86 15 245,182 0.18% 0.19041 0.1465 $ 19.85 16 243,539 0.18% 0.19522 0.1465 $ 21.88 17 241,907 0.18% 0.20018 0.1465 $ 23.94 18 240,286 0.18% 0.20528 0.1465 $ 26.04 19 238,676 0.18% 0.21054 0.1465 $ 28.18 20 237,077 0.18% 0.21596 0.1465 $ 30.36 21 235,489 0.18% 0.22154 0.1465 $ 32.58 22 233,911 0.18% 0.22728 0.1465 $ 34.83 23 232,344 0.18% 0.23320 0.1465 $ 37.13 24 230,787 0.18% 0.23930 0.1465 $ 39.48 25 229,241 0.18% 0.24558 0.1465 $ 41.86 The initial CSG Rate is Xcel's 2017 CSG Rate for General Service customers subscribing to community solar gardens smaller than 250 kW in size and which elect to sell RECs to Xcel,escalated at an assumed 3%.For subsequent years the CSG Rate has been escalated an assumed 3.0%per year;actual changes in the CSG Rate will as approved by the MPUC and may be lower or higher. Costs and benefits shown equal the expected difference each year between the Subscription Rate and CSG Rate multiplied by the estimated annual Subscriber Energy. Energy Production is calculated using the method described in Exhibit C. 20 EXHIBIT E FORM OF AGENCY AGREEMENT Solar*Rewards Community Subscriber Agency Agreement and Consent Form The undersigned("Subscriber")has a Subscription to the following Community Solar Garden: Community Solar Garden Name: CEF EP Community Solar,LLC Community Solar Garden Address: 1201 West Broadway,Minneapolis,MN 55411 Community Solar Garden Operator: Cooperative Energy Futures Community Solar Garden contact information for Subscriber questions and complaints: Address(if different from above): Telephone number: Email address: Web Site URL: Subscriber Name: Subscriber's Account Number with Northern States Power Company: Subscriber Service Address where receiving electrical service from Northern States Power Company: By signing this Solar Rewards Community Subscriber Agency Agreement and Consent Form,the Subscriber agrees to all of the following: 1. Assignment of Renewable Energy Credits("RECs"),Energy and Capacity to Northern States Power Company,a Minnesota corporation. The Subscriber agrees that the Community Solar Garden Operator has authority to assign all energy produced and capacity associated with the photovoltaic energy system at the Community Solar Garden to Northern States Power Company,and the Subscriber agrees that all energy produced, and capacity associated with the photovoltaic energy system at the Community Solar Garden shall belong to Northern States Power Company. The Subscriber also agrees that the Community Solar Garden Operator has authority to assign all RECs associated with the photovoltaic energy system at the Community Solar Garden to Northern States Power Company,and that if the Community Solar Garden or a person or entity on its behalf has 21 assigned the RECs to Northern States Power Company,then all RECs associated with the photovoltaic energy system at the Community Solar Garden shall belong to Northern States Power Company. 2. Tax Implications. The Community Solar Garden Operator has provided the Subscriber with a statement that Northern States Power Company makes no representations concerning the taxable consequences to the Subscriber with respect to its Bill Credits to the Subscriber or other tax issues relating to participation in the Community Solar Garden. 3. Northern States Power Company hereby discloses to the Subscriber that it recognizes that not all production risk factors,such as grid-failure events or atypically cloudy weather,are within the Community Solar Garden Operator's control. 4. Information Sharing. Participating in the Solar*Rewards Community Program will require sharing Subscriber's Account Information(name,account number,service address,telephone number,email address,web site URL,information on Subscriber participation in other distributed generation serving the premises of the Subscriber, Subscriber specific Bill Credit(s))and Subscriber's Energy Use Data(the past,present and future electricity usage attributable to the Subscriber for the service address and account number identified for participation in the Community Solar Garden). The following outlines the type of information that will be shared,and how that information will be used. a. Subscriber's Account Information and Subscriber Energy Usage Data. The Subscriber authorizes Northern States Power Company to provide the Community Solar Garden Operator(and the Community Solar Garden Operator's designated subcontractors and agents)with the Subscriber's Account Information and Subscriber's Energy Usage Data as described in Section 4 above. This information is needed to allow the Community Solar Garden Operator determine the extent to which the Subscriber is entitled to participate in the Community Solar Garden,and to validate the amount of the Bill Credits to be provided by Northern States Power Company to the Subscriber. The current data privacy policies of Northern States Power Company applicable to its Solar*Rewards Community Program provided to the Subscriber by the Community Solar Garden Operator pursuant Section 3 above are attached as Exhibit 1 of this Solar*Rewards Community Subscriber Agency Agreement and Consent Form. These privacy policies include definitions of"Subscriber's Account Information"and"Subscriber's Energy Usage Data." b. Subscriber's Subscription Information: The Subscriber authorizes the Community Solar Garden Operator to provide information to Northern States Power Company identifying the Subscriber (with the Subscriber's name,service address,and account number)and detailing the Subscriber's proportional share in kilowatts of the Community Solar Garden and to provide additional updates of this information to Northern States Power Company as circumstances change. This information is needed to allow Northern States Power Company to properly apply Bill Credits for the photovoltaic energy generated by the Community Solar Garden. Also,this information is needed to allow Northern States Power Company to send to the Subscriber notices or other mailings pertaining to their involvement in the Solar*Rewards Community Program.The Community Solar Garden Operator shall not disclose Subscriber information in annual reports or other public documents absent explicit,informed consent from the Subscriber. The Community Solar Garden Operator will not release any Subscriber data to third parties except to fulfill the regulated purposes of the Solar*Rewards Community Program,to comply with a legal or regulatory requirement,or upon explicit,informed consent from the Subscriber. c. Aggregate Information. Aggregate information concerning production at the Community Solar Garden may be publicly disclosed to support regulatory oversight of the Solar*Rewards Community Program.This includes annual reports available to the public related to specific Community Solar Gardens, including but not limited to production from the Community Solar Gardens; size,location and the type of Community Solar Garden subscriber groups;reporting on known complaints and the resolution of these complaints;lessons learned and any potential changes to the Solar*Rewards Community Program; reporting on Bill Credits earned and paid;and reporting on the application process. Aggregated information will not identify individual Subscribers or provide Subscriber-Specific Account Information, Subscriber-Specific Energy Usage Data or Subscriber-specific Bill Credits unless a Subscriber provides 22 explicit informed consent. Depending on the nature of the aggregated information,however,it may still be possible to infer the amount of production attributed to individual Subscribers to the Community Solar Garden. The Subscriber agrees to the inclusion of its production information in the creation of the aggregated information. The Community Solar Garden Operator will not use aggregated information for purposes unrelated to the Solar*Rewards Community Program without first providing notice and obtaining further consent,unless the aggregated information is otherwise available as public information. The policies of Northern States Power Company related to sharing aggregated information are part of the data privacy policies contained in the attached Exhibit 1 of this Solar*Rewards Community Subscriber Agency Agreement and Consent Form and should be provided to the Subscriber by the Community Solar Garden Operator pursuant Section 3 above. d. Information Requests from the MPUC or the Department of Commerce. The Subscriber agrees that the Community Solar Garden Operator and Northern States Power Company are authorized to provide any information they possess related to the Subscriber or the Subscriber's participation in the Community Solar Garden to the Minnesota Public Utilities Commission(MPUC),the Minnesota Department of Commerce,or the Minnesota Office of Attorney General. This information is needed to allow proper regulatory oversight of Northern States Power Company and of the Solar*Rewards Community Program. e. Liability Release. Northern States Power Company shall not be responsible for monitoring or taking any steps to ensure that the Community Solar Garden Operator maintains the confidentiality of the Subscriber's Account Information,the Subscriber's Energy Usage or the Bill Credits received pertaining to the Subscriber's participation in the Community Solar Garden. However,Northern States Power Company shall remain liable for its own inappropriate release of Subscriber's Account Information and Subscriber's Energy Use Data. f. Duration of Consent. The Subscriber's consent to this information sharing shall be ongoing for the Term of the Contract between the Community Solar Garden Operator and Northern States Power Company,or until the Subscriber no longer has a Subscription to the Community Solar Garden and the Community Solar Garden Operator notifies Northern States Power Company of this fact through the CSG Application System. Provided,however,the Subscriber's consent shall also apply thereafter to all such information of the Subscriber pertaining to that period of time during which the Subscriber had a Subscription to the Community Solar Garden. g. Modification. The above provisions addressing data privacy and in Exhibit 1 shall remain in place until and unless other requirements are adopted by the MPUC in its generic privacy proceeding,Docket No.E,G999/CI-12-1344,or other MPUC Order.Northern States Power Company shall file necessary revisions to its tariffs and contracts within thirty(30)days of such Order. Subscriber's Name: Subscriber's Signature: By: Name: Its: Date: ,2015 23 Exhibit 1 to Solar*Rewards Community Subscriber Agency Agreement and Consent Form Data Privacy Policies of Northern States Power Company Pertaining to the Solar*Rewards Community Program The data privacy policies of Northern States Power Company pertaining to the Solar*Rewards Community Program are as follows and may be changed from time to time as filed in the Company's tariff or as otherwise may be authorized by the Minnesota Public Utilities Commission("MPUC"): Definitions Unless indicated otherwise,the same definition and meaning of terms in this document are the same as contained in the Standard Contract for Solar*Rewards Community. For ease of reference,here are some of the specific definitions: "Company"means Northern States Power Company,a Minnesota corporation,and its affiliates and agents. "Subscribed Energy"means electricity generated by the PV System attributable to the Subscribers'Subscriptions and delivered to the Company at the Production Meter on or after the Date of Commercial Operation. "Subscriber"means a retail customer of the Company who owns one or more Subscriptions of a community solar garden interconnected with the Company. "Subscriber's Account Information" consists of the Subscriber's name,account number,service address,telephone number,email address,web site URL,information on Subscriber participation in other distributed generation serving the premises of the Subscriber,and Subscriber specific Bill Credit(s). "Subscriber's Energy Usage Data"includes the past,present and future electricity usage attributable to the Subscriber for the service address and account number identified for participation in the Community Solar Garden. Overview This section addresses how Subscriber's Account Information and Subscriber's Energy Usage Data will be collected, used and shared as part of participation in the Solar*Rewards Community Program. 1. How Subscriber's Account Information and Energy Usage Data Will Be Exchanged a. Subscriber Specific Information Once a Subscriber has executed a Subscriber Agency Agreement and Consent Form,an ongoing data exchange will occur between the Company and a Community Solar Garden Operator(and their designated subcontractors and agents): (i) The Company will disclose the following Subscriber-specific information to the Community Solar Garden Operator: • Subscriber's Account Information • Subscriber's Energy Usage Data • Bill credits (ii) The Community Solar Garden Operator will disclose to the Company the following Subscriber-specific information: • Subscriber's Account Information • Community Solar Garden Allocation for each Subscriber's Subscription stated in kW • Production data related to the PV System • Monthly Subscription Information b. Aggregated Subscriber Information Aggregated Subscriber information will be reported as part of Permitted Public Reporting,outlined in Section 2(b) below. To be considered"aggregated"the reported information must include information attributable to all Subscribers participating in a specific Solar*Rewards Community program site,which based on program requirements will contain a minimum of five Subscribers. Depending on the nature of the aggregated information,however,from this information alone or in combination with other publicly available information it may still be possible to infer the amount of production attributed to individual Subscribers to the Community Solar Garden. 2. How Subscriber's Information Will Be Used The following outlines how the Subscriber's Account Information and Subscriber Energy Usage Data will be used as part of the Solar*Rewards Community Program. a. Program Management As part of administering the Solar*Rewards Community program,the Solar Garden Operator and the Company may provide information related to the Subscriber and/or the Community Solar Garden to: • the MPUC • the Minnesota Department of Commerce • the Minnesota Office of Attorney General • Other governmental or private entities as required by law or regulation Account Information and Subscriber's Energy Usage Data to service providers,agents,or contracted agents who support the program on its behalf. The Company prohibits these service providers from using or disclosing the Subscriber's information except as necessary to perform these specific services or to comply with legal requirements. More information about the Company's general privacy practices is explained in its Privacy Policy available on www.xcelenergy.com. b. Permitted Public Reporting The Subscriber's Energy Usage Data of each participating Subscriber to a Community Solar Garden will be combined and reported in the aggregate by the Community Solar Garden Operator in its annual report on the Solar*Rewards Community program. The identity of specific Subscribers,the specific Subscriber's Account Information,Subscriber's Energy Usage Data and Subscriber-specific Bill Credit will not be listed in the public annual report unless the Subscriber has provided the Community Solar Garden Operator with prior written consent. Per the requirements of the MPUC,the Company will provide to the MPUC annual reports which will include information or data requested by the MPUC or Minnesota Department of Commerce,including the following: • Reporting on Solar*Rewards Community program costs,including an analysis of the deposit,application, participation and metering fees and further justification for these fees going forward; 25 • Reporting on the Solar*Rewards Community Gardens,including but not limited to size,location and the type of Solar*Rewards Community subscriber groups; • Reporting on known complaints and the resolution of these complaints; • A copy of each contract signed with a Community Solar Garden Operator,if not previously filed; • Lessons learned and any potential changes to the program; • Report on bill credits earned and paid;and the • Application process C. Prohibited Reporting or Sharing Except as otherwise provided in this document,the Company will not disclose the Subscriber's Account Information, Subscriber's Energy Usage Data or Subscriber-specific Bill Credits to a third party without first obtaining the Subscriber's written consent. Any requests by the Community Solar Garden Operator to the Company for information about a Subscriber that is not Subscriber's Account Information or Subscriber's Energy Usage Data will require execution of a separate written consent by the Subscriber.Notwithstanding the previous statement,the Company will not provide the Community Solar Garden Operator with the Subscriber's Social Security Number unless directed to do so by the MPUC or Minnesota Department of Commerce or compelled by law or regulation. 3. Subscriber Data Access and Correction The following outlines what information is available to the Subscriber from the Company and the Community Solar Garden Operator,and methods of correcting any inaccuracies. a. Information Available from the Company Subscribers can contact the Company's call center to obtain information pertaining to their specific Bill Credit attributable to their participation in Solar*Rewards Community Program. The correction of any allocation of previously- applied Bill Credits among Subscribers or payments to the Community Solar Garden Operator for Unsubscribed Energy, pertaining to a particular month due to any inaccuracy reflected in such Monthly Subscription Information with regard to a Subscriber's Subscription in the PV System and the beneficial share of photovoltaic energy produced by the PV System,or the share of Unsubscribed Energy, shall be the full responsibility of the Community Solar Garden Operator,unless such inaccuracies are caused by the Company. Subscribers may also obtain from the Company the following information related to the Solar*Rewards Community Program without obtaining written consent from the Community Solar Garden Operator: • Site location • Operator name • Nameplate capacity • Production data related to the PV system • Bill Credit Rate and total amount of Bill Credits applied to the PV System 26 • Any other information pertaining to the Subscriber's Subscription Other information regarding the Community Solar Garden Operator known to the Company will not be disclosed unless the Subscriber obtains prior explicit informed consent from the Community Solar Garden Operator or unless directed to do so by the MPUC or Minnesota Department of Commerce or compelled by law or regulation. b. Information Available from the Community Solar Garden Operator Subscribers and prospective subscribers can contact the Community Solar Garden Operator to obtain the following information: • Future costs and benefits of the Subscription,including: i. All nonrecurring(i.e.,one-time)charges; ii. All recurring charges; iii. Terms and conditions of service; iv. Whether any charges may increase during the course of service,and if so,how much advance notice is provided to the Subscriber; v. Whether the Subscriber may be required to sign a term contract; vi. Terms and conditions for early termination; vii. Any penalties that the Community Solar Garden may charge to the Subscriber; viii. The process for unsubscribing and any associated costs; ix. An explanation of the Subscriber data the Community Solar Garden Operator will share with Northern States Power Company and that Northern States Power Company will share with the Community Solar Garden Operator; x. The data privacy policies of Northern States Power Company and of the Community Solar Garden Operator; xi. The method of providing notice to Subscribers when the Community Solar Garden is out of service, including notice of estimated length and loss of production; xii. Assurance that all installations,upgrades and repairs will be under direct supervision of a NABCEP- certified solar professional and that maintenance will be performed according to industry standards, including the recommendations of the manufacturers of solar panels and other operational components; xiii. Allocation of unsubscribed production;and xiv. A statement that the Community Solar Garden Operator is solely responsible for resolving any disputes with Northern States Power Company or the Subscriber about the accuracy of the Community Solar Garden production and that Northern States Power Company is solely responsible for resolving any disputes with the Subscriber about the applicable rate used to determine the amount of the Bill Credit. • Copy of the contract with Northern States Power Company for the Solar*Rewards Community Program • Copy of the solar panel warranty 27 • Description of the compensation to be paid for any underperformance • Proof of insurance • Proof of a long-term maintenance plan • Current production projections and a description of the methodology used to develop production projections • Community Solar Garden Operator contact information for questions and complaints • Demonstration to the Subscriber by the Community Solar Garden Operator that it has sufficient funds to operate and maintain the Solar*Rewards Community Program The Community Solar Garden Operator is solely responsible for the accuracy of the Subscriber's share of the Community Solar Garden production information forwarded to the Company,and should resolve with the Subscriber any dispute regarding the accuracy of such information. Subscribers can submit comments to the Company on the accuracy and completeness of its annual report by contacting solarrewardscommunity@xcelenergy.com. 4. Data Retention The Company will retain the Subscriber's Account Information, Subscriber's Energy Usage Data and information on Bill Credits for as long as required under applicable law. 28 EXHIBIT F Form of SRC Contract 29 CITY COUNCIL AGENDA DATE: SECTION: Community Development Director Report June 13, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. Community Development: EP Montessori Learning Center Lease Janet Jeremiah/David Lindahl 8098 Glen Lane XIV. C. 1. Requested Council Action Move to: Approve a new lease between the City of Eden Prairie and Eden Prairie Montessori Learning Center for a child daycare facility at the City owned property located at 8098 Glen Lane, Eden Prairie, MN. Synopsis The enclosed lease is for a daycare at the City owned property located at 8098 Glen Lane. The basic terms of the lease are as follows: Net Rent: Rent Per Annual Monthly Annual Year Square Foot Rent Rent Increase (2%) 1 $15.50 $73,625.00 $6,135.42 2 $15.81 $75,097.50 $6,258.13 $0.31 3 $16.13 $76,617.50 $6,384.79 $0.32 4 $16.45 $78,137.50 $6,511.46 $0.32 5 $16.78 $79,705.00 $6,642.08 $0.33 Total Rent $ 383,182.50 Term: 5 years (w/options to renew) Broker Commissions: None Tenant Improvements: Tenant pays Common Area Maintenance: Tenant pays Property Taxes/Insurance: Tenant Pays Lease Commencement: June 14, 2017 Sale Clause City can sell the property at any time with 365 day notice. Background The City acquired 8098 Glen Lane property from Knowledge Learning Corporation(Kindercare) on March 1, 2010 for about $800,000 as part of a taking for the Singletree Lane Road expansion. The building is 4,750 square feet on a 26,615 square foot site. After initially directing staff to sell the newly acquired property, the City Council instead elected to lease it until a suitable redevelopment proposal emerged that's consistent with the City's Town Center plans. The City has been leasing the property as a daycare since the fall of 2010, first to Ace Daycare and later to Lighthouse Daycare, and has collected close to $400,000 in rent since that time. Lighthouse daycare closed in July of 2016 and the City terminated that lease in November of the same year. Through a Request for Proposal (RFP)process, the City received lease proposals from three daycare companies and selected Eden Prairie Montessori Learning Center based primarily on their experience in operating a successful daycare in Eden Prairie for the past 25 years and also on their proposed rental rate. Attachment Lease LEASE Landlord City of Eden Prairie Tenant Eden Prairie Montessori Learning Center, Inc. TABLE OF CONTENTS ARTICLE PAGE REFERENCE PAGE i 1. TERM .. 2 2. RENT 3 3. AS IS CONDITION 4 4. ADDITIONAL RENT 4 5. USE OF PREMISES; TENANT COVENANTS 5 6. ALTERATIONS 6 7. REPAIR 7 8. LIENS .. 8 9. ASSIGNMENT AND SUBLETTING 9 10. INDEMNIFICATION . 10 11. INSURANCE 11 12. SERVICES AND UTILITIES 13 13. HOLDING OVER 13 14. SUBORDINATION 13 15. REENTRY BY LANDLORD . 14 16. DEFAULT .. 14 17. REMEDIES 15 18. TENANT'S BANKRUPTCYOR INSOLVENCY 19 19. QUIET ENJOYMENT 20 20. DAMAGE BY FIRE, ETC . 20 21. EMINENT DOMAIN . 22 22. SALE BY LANDLORD . 23 23. ESTOPPEL CERTIFICATES . 23 24. SURRENDER OF PREMISES ... 23 25. NOTICES 24 26. TAXES PAYABLE BY TENANT . 24 27. DEFINED TERMS AND HEADINGS 25 28. AUTHORITY TO ACT ON BEHALF OF LANDLORD .. 27 29. TENANT'S AUTHORITY 27 30. TIME AND APPLICABLE LAW .. 27 31. SUCCESSORS AND ASSIGNS 27 32. ENTIRE AGREEMENT . 27 33. EXAMINATION NOT OPTION 28 34. RECORDATION 28 35. LIMITATION OF LIABILITY 28 36. DATA PRACTICES ACT .. 28 37. AUDITS .. 28 38. WORKER'S COMPENSATION .. 29 39. DISCRIMINATION 29 40. CONFLICTS 29 41. LIMITATION OF REMEDIES .. 29 42. LICENSURE 29 EXHIBIT A EXHIBIT B 8098 GLEN LANE LEASE REFERENCE PAGE PREMISES: 8098 Glen Lane Eden Prairie, Minnesota 55344 LANDLORD City of Eden Prairie LANDLORD'S ADDRESS: 8080 Mitchell Road Eden Prairie, Minnesota 55344 Attn: Economic Development Manager Telephone 952-949-8484 Federal Tax I.D. #41-0855460 TENANT: Eden Prairie Montissori Learning Center, Inc. TENANT'S ADDRESS: 7455 Market Place Dr. Eden Prairie, MN 55105 Att: Shonali and Bill Harrison Telephone 952-944-8466 Federal Tax I.D. # BUILDING AREA: Approximately 4,750 square feet USE: Daycare center TENANT'S TRADE NAMES: Eden Prairie Montissori Learning Center LEASE EXECUTION DATE June 14 , 2017 COMMENCEMENT DATE: June 14 , 2017 TERMINATION DATE: June 31, 2022 TERM OF LEASE: Approximately 5 years, Beginning on the Lease Commencement Date and ending on the Termination Date (unless sooner terminated pursuant to the Lease) RENEWAL TERM: Lease is subject to two (2) five (5)-year renewal Terms, which may be exercised pursuant to the Lease. iii INITIAL ANNUAL RENT: $ 73,625.00 (First 12 months) INITIAL MONTHLY INSTALLMENT OF ANNUAL RENT : $ 6,135.42 SECURITY DEPOSIT: $ 6,135.42 ASSIGNMENT/SUBLETTING FEE: None The Reference Page information is incorporated into and made a part of the Lease. In the event of any conflict between any Reference Page information and the Lease, the Lease shall control. This Lease includes Exhibits A and B, both of which are made a part of this Lease. LANDLORD: TENANT: CITY OF EDEN PRAIRIE EDEN PRAIRIE MONTISSORI LEARNING CENTER, INC. By: By: Nancy Tyra Lukens, Its Mayor Its: By: Rick Getschow, Its City Manager Dated: Dated: Last revised: May 25, 2017 iv LEASE By this Lease Landlord leases to Tenant and Tenant leases from Landlord the Premises as set forth and described on the Reference Page. The Reference Page, including all terms defined thereon, is incorporated as part of this Lease. 1. TERM. 1.1 Landlord shall tender possession of the Premises on June 14, 2017 ("Lease Commencement Date")and the term of this Lease shall begin on said date. 1.2 This Lease shall have a term of approximately five (5) years, beginning on June 14, 2017 and ending on June 31, 2022 ("Termination Date"). 1.3 Subject to the terms provided herein, and provided Tenant is not in default as provided in this Lease, Tenant shall have two (2) options to extend the term of this Lease for a period of five (5) years ("First Option Term" and "Second Option Term," or collectively "Option Terms") immediately following the initial term ("Options"). The Options granted to Tenant in this Lease are personal to the original Tenant and may be exercised only by the original Tenant while occupying the Premises, who does so without the intent of thereafter assigning this Lease or subletting the Premises or any portion thereof, and may not be exercised or be assigned, voluntarily or involuntarily, by or to any person or entity other than Tenant. The Options herein granted to Tenant are not assignable separate and apart from this Lease, nor may the Options be separated from this Lease in any manner, whether by reservation or otherwise. 1.3.1 The First Option Term shall be exercised, if at all, by written notice delivered by Tenant to Landlord not later than six (6) months prior to the end of the initial term of this Lease. Provided Tenant has properly and timely exercised the First Option, the initial term of this Lease shall be extended by the First Option Term, and all terms, covenants and conditions of the Lease shall remain unmodified and in full force and effect, except for the Rent, which shall be adjusted pursuant to Paragraph 2.3 below. 1.3.2 The Second Option Term shall be exercised, if at all, by written request delivered by Tenant to Landlord not later than six (6) months prior to the end of the First Option Term of this Lease. In the event that Tenant delivers a request to exercise the Second Option Term, Landlord shall have one hundred and eighty (180) days to reject the Second Option Term by written notice to the Tenant. Provided Tenant has properly and timely v exercised the Second Option and the Landlord has not exercised its right to reject the Second Option Term, the term of this Lease shall be extended by the Second Option Term, and all terms, covenants and conditions of the Lease shall remain unmodified and in full force and effect, except for the Rent, which shall be adjusted pursuant to Paragraph 2.3 below. 1.4 Termination Upon Sale of Premises by Landlord. Landlord hereby reserves the right at any time during the Lease Term, including during any Option Term, to sell the Premises to a third party. Landlord shall provide Tenant with Three Hundred and Sixty-Five (365) days notice of Landlord's intent to sell the Premises. Upon the closing of a sale of the Premises by Landlord, this Lease shall terminate Three Hundred and Sixty-Five (365) days following the date of Landlord's notice to Tenant of Landlord's intent to sell the Premises. After receiving notice of Landlord's intent to sell the Premises, Tenant shall have the option upon thirty (30) days prior written notice to Landlord of terminating this Lease at any point before Three Hundred and Sixty-Five (365) days have passed and may do so upon giving written notice to Landlord. 2. RENT AND SECURITY DEPOSIT. 2.1 Security Deposit. Upon execution of this Lease by both parties, Tenant shall tender to Landlord the Security Deposit of $6,135.42. Notwithstanding anything else contained herein, if Tenant terminates pursuant to this Lease to paragraph 42 hereof the Security Deposit is non-refundable to Tenant and Landlord is entitled to keep the entire Security Deposit. 2.2. Tenant agrees to pay to Landlord the Annual Rent as provided in Section 2.3, by paying the Monthly Installment of Rent then in effect on or before the first day of each full calendar month during the Term, except that the first month's payable rent shall be paid upon the execution of this Lease. The Monthly Installment of Rent in effect at any time shall be one-twelfth of the Annual Rent in effect at such time. Rent for any period during the Term which is less than a full month shall be a prorated portion of the Monthly Installment of Rent based upon a thirty(30) day month. Said rent shall be paid to Landlord, without deduction or offset and without notice or demand, at the Landlord's address, as set forth on the Reference Page, or to such other person or at such other place as Landlord may from time to time designate in writing. 2 2.3. The Annual Rent for this lease shall be as follows: Rent Per Annual Monthly Annual Year Square Foot Rent Rent Increase (2%) 1 $15.50 $73,625.00 $6,135.42 2 $15.81 $75,097.50 $6,258.13 $0.31 3 $16.13 $76,617.50 $6,384.79 $0.32 4 $16.45 $78,137.50 $6,511.46 $0.32 5 $16.78 $79,705.00 $6,642.08 $0.33 2.4 If Tenant exercises its options to extend he Lease pursuant to Section 1.3 above, the Annual Rent for each year during the Option Terms shall be as follows: such Annual Rent payable each year shall be the product calculated by multiplying the Annual Rent for the preceding year by a fraction, the numerator of which is the Consumer Price Index for the month that is three (3) months preceding the first day of the Year of this Lease for which the Annual Base Rent is being calculated and the denominator of which is the Consumer Price Index that is fifteen (15) months preceding the first day of the Year of this Lease for which the Annual Base Rent is being calculated; provided, however, that in no event shall the Annual Rent for any year be less than the Annual Rent for the immediately preceding year. Annual Rent during the Option Terms shall be payable in monthly installments. As used herein, the term "Consumer Price Index" shall mean Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average for All Items, 1982-84=100, or the successor of that Index, as published by the Bureau of Labor Statistics, U.S. Department of Labor. Should Landlord lack sufficient data to make the proper determination on the date of any adjustment, Tenant shall continue to pay the monthly rent payable immediately prior to the adjustment date. As soon as Landlord obtains the necessary data, Landlord shall determine the rent payable from and after such adjustment date and shall notify Tenant of the adjustment in writing. Should the monthly rent for the period following the adjustment date exceed the amount previously paid by Tenant for that period, Tenant shall forthwith pay the difference to Landlord. Should the Consumer Price Index as above described cease to be published, a reasonably comparable successor index shall be selected by Landlord. If Tenant objects to the successor index, the dispute will be resolved and a successor index designated by arbitration pursuant to the rules and procedures of the American Arbitration Association. 2.5. Tenant recognizes that late payment of any rent or other sum due under this Lease will result in administrative expense to Landlord, the extent of which additional expense is extremely difficult and economically impractical to ascertain. Tenant therefore agrees that if rent or any other sum is not paid within ten (10) days of its 3 due date and payable pursuant to this Lease, a late charge shall be imposed in an amount equal to the greater of (a) Fifty Dollars ($50.00), or (b) a sum equal to five percent (5%) per month of the unpaid rent or other payment. The amount of the late charge to be paid by Tenant shall be reassessed and added to Tenant's obligation for each successive monthly period until paid. The provisions of this Section 2.4 in no way relieve Tenant of the obligation to pay rent or other payments on or before the date on which they are due, nor do the terms of this Section 2.4 in any way affect Landlord's remedies pursuant to Article 17 of this Lease in the event said rent or other payment is unpaid after date due. 3. ACCEPTANCE OF PREMISES AS IS. Landlord shall deliver and Tenant shall accept the Premises in"AS IS"condition and Landlord shall not be obligated to do any work in or upon the Premises. 4. ADDITIONAL RENT Any money or sums, other than Annual Rent, due under this Lease shall be considered additional rent and be due with the next Monthly Installment of Rent, unless otherwise indicated in this Lease. 5. USE OF PREMISES; TENANT COVENANTS. 5.1. Tenant shall in good faith continuously throughout the Term of this lease conduct and carry on in the entire Premises under Tenant's Trade Names the type of business described on the Reference Page and shall not conduct or carry on any other business without the prior express written consent of Landlord. 5.2. Tenant shall comply with all governmental laws, ordinances and regulations applicable to the use of the Premises and its occupancy and shall promptly comply with all governmental orders and directions for the correction, prevention and abatement of any violations in or upon, or in connection with, the Premises, all at Tenant's sole expense. 5.3. Tenant shall operate its business in a dignified manner and in accordance with high standards of a store operation and shall, at all times when the Premises are open for business to the public, keep the Premises properly equipped with fixtures, and attended by adequate personnel. 5.4. Tenant agrees to comply with and observe the rules and regulations shown on Exhibit B. Tenant's failure to keep and observe said rules and regulations shall constitute a breach of the terms of this Lease as if the same were contained herein as covenants following the notice and/or cure periods set forth in Section 16.1.2 hereof. Landlord reserves the right from time to time to amend or supplement said rules and regulations. Notice of such amendments and supplements shall be given 4 to Tenant and Tenant agrees to comply with and observe all such rules and regulations, as revised, to the extent the amendments and supplements are not inconsistent with the rules contained in Exhibit B or any other provision of this Lease. 5.5. Tenant shall at all times herein maintain the Premises. Tenant's maintenance obligations shall include, but are not limited to, lawn care, maintenance of shrub beds and landscaping, snow plowing, snow shoveling, garbage removal, cleaning, upkeep, painting, and maintaining the ceramic tile, flooring, electrical and mechanical equipment (including but not limited to furnaces, condensing units, water heater), roof, sidewalks, parking lot, and other similar obligations. In the event that Tenant fails to adequately maintain the Premises, Landlord reserves the right to perform any and all maintenance on the Premises. In the event that Landlord performs any such maintenance, Tenant shall reimburse Landlord upon demand, as additional rent, for any and all costs incurred by Landlord as a result of performing said maintenance with its next installment of rent due pursuant to this Lease. 5.6. Tenant shall not, and shall not direct, suffer or permit any of its agents, contractors, employees, licensees or invitees to at any time handle, use, manufacture, store or dispose of in or about the Premises any (collectively "Hazardous Materials") flammables, explosives, radioactive materials, hazardous wastes or materials, toxic wastes or materials, or other similar substances, petroleum products or derivatives or any substance subject to regulation by or under any federal, state and local laws and ordinances relating to the protection of the environment or the keeping, use or disposition of environmentally hazardous materials, substances, or wastes, presently in effect or hereafter adopted, all amendments to any of them, and all rules and regulations issued pursuant to any of such laws or ordinances (collectively "Environmental Laws"), nor shall Tenant suffer or permit any Hazardous Materials to be used in any manner not fully in compliance with all Environmental Laws, in the Premises and appurtenant land or allow the Premises to become contaminated with any Hazardous Materials. Notwithstanding the foregoing, Tenant may handle, store, use or dispose of products containing small quantities of Hazardous Materials (such as aerosol cans containing insecticides, toner for copiers, paints,paint remover and the like) to the extent customary and necessary for the use of the Premises for the purposes of a daycare center office purposes; provided that Tenant shall always handle, store, use, and dispose of any such Hazardous Materials in a safe and lawful manner and never allow such Hazardous Materials to contaminate the Premises and appurtenant land or the environment. Tenant shall protect, defend, indemnify and hold the Landlord harmless from and against any and all loss, claims, liability or costs (including court costs and attorney's fees) incurred by reason of any actual or asserted failure of Tenant to fully comply with all applicable Environmental Laws, or the presence, handling, use or disposition in or from the Premises of any Hazardous Materials (even though permissible under all applicable Environmental 5 Laws or the provisions of this Lease), or by reason of any actual or asserted failure of Tenant to keep, observe, or perform any provision of this Section 5.6. 5.7. Any signs used on the Premises shall comply with the Eden Prairie City Code then in effect and must be approved by the City of Eden Prairie. 5.8. Tenant shall not allow any smoking, or other use of tobacco products, by Tenant or any guest, invitee, or other person on the Premises, in any building located on the Premises. 6. ALTERATIONS. 6.1. Tenant shall not make or suffer to be made any alterations or improvements, including but not limited to, the attachment of any fixtures or equipment in, on, or to the Premises or any part thereof without prior written consent of Landlord. 6.2. All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord, including but not limited to, waivers of liens and surety company performance bonds, as Landlord shall require to assure payment of the costs thereof and to protect Landlord and the Premises and appurtenant land against any loss from any mechanic's, materialmen's or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in Taxes (as defined in Section 26.1.1) directly attributed to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; said sums shall be paid in the same way as sums due under Article 4. 6.3. All alterations, additions, and improvements, including furniture, furnishings, movable partitions, and other trade fixtures in, on, or to the Premises made or installed by Tenant, including carpeting, shall be and remain the property of Tenant during the Term. This shall include any outdoor equipment installed by Tenant. Everything else on the Premises shall become a part of the realty and belong to Landlord without compensation to Tenant upon the expiration or sooner termination of the Term, at which time title shall pass to Landlord under this Lease as by a bill of sale, unless Landlord elects otherwise. Upon such election by Landlord, Tenant shall upon demand by Landlord, at Tenant's sole cost and expense, forthwith and with all due diligence remove any such alterations, additions or improvements which are designated by Landlord to be removed, and Tenant shall forthwith and with all due diligence, at its sole cost and expense, repair and restore the Premises to their original condition, reasonable wear and tear and damage by fire or other casualty excepted. 6 7. REPAIRS. 7.1. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises, except as specified in this Lease. It is hereby understood and agreed that no representations respecting the condition of the Premises have been made by Landlord to Tenant, except as specifically set forth in this Lease. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance. 7.2. Tenant shall, at all times during the Term, keep the Premises in good condition and repair, including windows, glass and plate glass, doors, skylights and special store entries, roof and exterior walls, exterior painting, sidewalks and parking lot, interior walls and finish work, floors and floor coverings, electrical systems and fixtures, plumbing work and fixtures, water heater, kitchen appliances, and heating, ventilating and air conditioning equipment, excepting damage by fire, or other casualty, and in compliance with all applicable governmental laws, ordinances and regulations, promptly complying with all governmental orders and directives for the correction, prevention and abatement of any violations or nuisances in or upon, or connected with, the Premises, all at Tenant's sole expense. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing all heating and air conditioning systems and equipment serving the Premises (and a copy thereof shall be furnished to Landlord). The service contract must include all services suggested by the equipment manufacturer in the operation/maintenance manual and must become effective within thirty (30) days of the date Tenant takes possession of the Premises. Landlord may, upon notice to Tenant, enter into such a maintenance/service contract on behalf of Tenant or perform the work and in either case, charge Tenant the cost thereof along with a reasonable amount for Landlord's overhead. In the event that Tenant fails to adequately repair or maintain the Premises, Landlord reserves the right to perform any and all repairs or maintenance on the Premises. In the event that Landlord performs any such repairs or maintenance, Tenant shall reimburse Landlord upon demand, as additional rent, for any and all costs incurred by Landlord as a result of performing said repairs or maintenance with its next installment of rent due pursuant to this Lease following submission to Tenant of an invoice thereof and reasonable documentation relating thereto. 7.3 Tenant shall, at all times during the Term, perform all on-going maintenance of the grounds and landscaping of the Premises, including lawn care, weed control, shrub pruning, wood and rock mulch, irrigation start-up, maintenance and winterization, snow plowing, salting and snow shoveling. Landlord may, upon notice to Tenant, enter into such a maintenance/service contract on behalf of 7 Tenant or perform the work and in either case, charge Tenant the cost thereof along with a reasonable amount for Landlord's overhead, as well as for exterior painting and major exterior repairs including the roof. 7.4 Notwithstanding the Tenant's obligations set forth in Section 5.5, if, through no fault of the Tenant, the roof, furnaces, condensing units or water heater fail completely and are not deemed by Landlord in its sole judgement to be economically repairable, Landlord will replace these capital items at no cost to Tenant. 8. LIENS. Tenant shall keep the Premises and appurtenant land and Tenant's leasehold interest in the Premises free from any liens arising out of any services, work or materials performed, furnished, or contracted for by Tenant, or obligations incurred by Tenant. In the event that Tenant shall not, within ten (10) days following the imposition of any such lien, either cause the same to be released of record or provide Landlord with insurance against the same issued by a major title insurance company or such other protection against the same as Landlord shall accept, Landlord shall have the right to cause the same to be released by such means as it shall deem proper, including payment of the claim giving rise to such lien. All such sums paid by Landlord and all expenses incurred by it in connection therewith shall be considered additional rent and shall be payable to it by Tenant on demand. 9. ASSIGNMENT AND SUBLETTING. 9.1. Tenant shall not have the right to assign or pledge this Lease or to sublet the whole or any part of the Premises whether voluntarily or by operation of law, or permit the use or occupancy of the Premises by anyone other than Tenant, said assignment, pledge, sublease, and occupancy shall hereafter be collectively refered to as an "Assignment," and Tenant shall not make, suffer or permit such Assignment, and the same shall not be effective, without the prior written consent of Landlord. Said restrictions shall be binding upon any and all assignees of the Lease and subtenants of the Premises. In the event Tenant desires to make an Assignment, Tenant shall give written notice thereof to Landlord at least ninety (90) days but no more than one hundred eighty (180) days prior to the proposed commencement date of such Assignment, which notice shall state Tenant's intent to enter into such Assignment and set forth the name of the proposed assignee, subtenant, or occupant. With the written notice, Tenant shall provide Landlord (1) a copy of the proposed Assignment, and (2) copies of the proposed assignee, subtenant, or occupant's income and expense reports and federal and state tax returns for the last three years. Within 30 days after receiving Tenant's written notice of the proposed Assignment, Landlord may request Tenant to provide additional information and documents relevant to the proposed Assignment. Tenant must provide said requested information and documents to Landlord within 30 days after the date of Landlord's request, which shall hereafter be 8 refered to as the "Final Submission Date." In the event that Landlord does not request additional documents from Tenant, the Final Submission Date shall be the date that Tenant provided Landlord the written notice of the proposed Assignment. 9.2. Notwithstanding any Assignment,permitted or otherwise, Tenant shall at all times remain directly, primarily and fully responsible and liable for the payment of the rent specified in this Lease and for compliance with all of its other obligations under the terms, provisions and covenants of this Lease. Upon the occurrence of an Event of Default, if Tenant had entered into an Assignment, Landlord, in addition to any other remedies provided in this Lease or provided by law, may, at its option, collect directly from such assignee, subtenant, or occupant all rents due and becoming due to Tenant under such Assignment and apply such rent against any sums due to Landlord from Tenant under this Lease, and no such collection shall be construed to constitute a release of Tenant from the further performance of Tenant's obligations under this Lease. 9.3. No Assignment will be effective unless Tenant provides Landlord the written notice and supporting information and documents required by Section 9.1, and Landlord provides its written consent. In addition to Landlord's right to approve any Assignment, in the event that Tenant provides Landlord written notice of a proposed Assignment pursuant to Section 9.1, Landlord shall have the option, in its sole discretion, to terminate this Lease, or in the case of a proposed subletting of less than the entire Premises, to recapture the portion of the Premises to be sublet. The option shall be exercised, if at all, by Landlord giving written notice to Tenant within thirty (30) days after the Final Submission Date. If this Lease shall be terminated with respect to the entire Premises pursuant to this Section, the Term of this Lease shall end on the effective date, if any, of the proposed Assignment, or thirty days after Landlord provides written notice of the termination to Tenant, whichever is later, as if that date had been originally fixed in this Lease for the expiration of the Term. If Landlord recaptures under this Section only a portion of the Premises, the recapture shall be effective on the date of the proposed sublease, or thirty days after Landlord provides written notice of its intent to recapture. In the event that Landlord recaptures a portion of the Premises, the rent to be paid from time to time during the unexpired Term shall abate proportionately based on the proportion by which the approximate square footage of the remaining portion of the Premises shall be less than that of the Premises as of the date immediately prior to such recapture. 9.4. In the event that Tenant enters into an Assignment and the amount of rent and/or additional rent paid pursuant to the Assignment is greater than the amount of the rent and additional rent payable under this Lease, Landlord shall have the right to terminate this Lease and enter a new lease with the assignee, sublessor, or occupant under the same terms and conditions as the Assignment. The effective date of the termination shall be the date stated in Tenant's notice as the effective 9 date of the Assignment, or thirty days after Landlord provides written notice of its intent to terminate the Lease, whichever is later. Such termination shall release Tenant from any and all liability under this Lease. 9.5. Notwithstanding any other provision hereof, Tenant shall have no right to make (and Landlord shall have the absolute right to refuse consent to) any Assignment if at the time of either Tenant's notice of the proposed Assignment, or the proposed commencement date thereof, there shall exist any uncured default of Tenant or matter which will become a default of Tenant with passage of time unless cured, or if the proposed assignee, sublessee, or occupant is an entity: (a) which Landlord is already in negotiation as evidenced by the issuance of a written proposal; (b) is incompatible with the character of occupancy of the Premises; or (c) would subject the Premises to a use which would: (i) involve increased personnel or wear upon the Premises; (ii) require any addition to or modification of the Premises in order to comply with building code or other governmental requirements; or, (iii) involve violation of Section 5.6. Tenant expressly agrees that Landlord shall have the absolute right to refuse consent to any such Assignment and that for the purposes of any statutory or other requirement of reasonableness on the part of Landlord such refusal shall be reasonable. 10. INDEMNIFICATION. The Landlord shall not be liable and Tenant hereby waives all claims against Landlord for any damage to any property or any injury to any person in or about the Premises by or from any cause whatsoever (including without limiting the foregoing, rain or water leakage of any character from the roof, windows, walls,basement, pipes, plumbing works or appliances, the Premises not being in good condition or repair, gas, fire, oil, electricity or theft), except to the extent caused by or arising from the negligence or intentional act of Landlord or its agents, employees or contractors. Tenant shall protect, indemnify and hold the Landlord harmless from and against any and all loss, claims, liability or costs (including court costs and attorney's fees) incurred by reason of(a) any damage to any property (including but not limited to property of Landlord) or any injury (including but not limited to death) to any person occurring in, on or about the Premises to the extent that such injury or damage shall be caused by or arise from any act, neglect, fault, or omission by or of Tenant, its agents, servants, employees, invitees, or visitors to meet any standards imposed by any duty with respect to the injury or damage; (b) the conduct or management of any work or thing whatsoever done by the Tenant in or about the Premises or from transactions of the Tenant concerning the Premises; (c) Tenant's failure to comply with any and all govenmental laws, ordinances and regulations applicable to the condition or use of the Premises or its occupancy; or (d) any breach or default on the part of Tenant in the performance of any covenant or agreement on the part of the Tenant to be performed pursuant to this Lease. The provisions of this Article shall survive the termination of this Lease. 10 11. INSURANCE. 11.1. Tenant shall keep in force throughout the Term at Tenant's expense: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive Liability $1,000,000 property damage per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit(shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $2,000,000 All Risk or Special Form coverage protecting Tenant against loss of or damage to Tenant's alterations, additions, improvements, carpeting, floor coverings, panelings, decorations, fixtures, inventory, plate glass and other business personal property situated in or about the Premises to the full replacement value of the property so insured; and, Business Interruption Insurance with limit of liability representing loss of at least approximately six months of income. 11.2 Comprehensive General/Commercial General Liability policies shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion(XCU). b. Personal and Advertising Injury coverage with Employment Exclusion (if any) deleted. c. Broad Form CG0001 0196 Contractual Liability coverage or its equivalent. d. Broad Form Property Damage coverage, including completed operations, 11 or its equivalent. e. Additional Insured Endorsement(s) on ISO form CG 2010, or its equivalent, naming"the City of Eden Prairie." f. Severability of Insureds provision. 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. 11.3 Tenant shall maintain in effect all insurance coverages required under this Paragraph at Tenant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by Landlord in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All polices shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; c. All policies, except the Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; d. All policies, except for the Worker's Compensation Policy, shall be primary and non-contributory; e. All policies, except the Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Tenant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed or restrictive modifications added, without thirty(30) days prior written notice to the Landlord. A copy of the Tenant's Certificate of Insurance which evidences the compliance with this Section 11 must be filed with Landlord prior to the Commencement Date. Upon request a copy of the Tenant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to Landlord and shall provide satisfactory evidence that Tenant has complied with all insurance requirements. Renewal certificates shall be provided to Landlord prior to the expiration date of any of the required policies. Landlord will not be obligated, however, to review such 12 declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Tenant of any deficiencies in such documents and receipt thereof shall not relieve Tenant from, nor be deemed a waiver of, Landlord's right to enforce the terms of Tenant's obligations hereunder. Landlord reserves the right to examine any policy provided for under this paragraph. 11.3 Effect of Tenant's Failure to Provide Insurance. If Tenant fails to provide the specified insurance, then Tenant will defend, indemnify and hold harmless the Landlord, the Landlord's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the Landlord (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Tenant, its subcontractors, agents, employees or delegates. Tenant agrees that this indemnity shall be construed and applied in favor of indemnification. Tenant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the Landlord may require Tenant to: a. Furnish and pay for a surety bond, satisfactory to the Landlord, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Tenant's insurance company. Tenant will take the action required by the Landlord within fifteen (15) days of receiving notice from the Landlord. 11.4. Whenever Tenant shall undertake any alterations, additions or improvements in, to or about the Premises ("Work") the aforesaid insurance protection must extend to and include injuries to persons and damage to property arising in connection with such Work, without limitation including liability under any applicable structural work act, and such other insurance as Landlord shall require; and the policies of or certificates evidencing such insurance must be delivered to Landlord prior to the commencement of any such Work. Tenant shall also require surety payment and performance bonds, or other similar security approved by Landlord for any Work done on the Premises. 13 12. SERVICES AND UTILITIES. Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges, security systems, and other utilities and services used on or from the Premises, together with any taxes, penalties and surcharges or the like pertaining thereto and any maintenance charges for such utilities. If any such services are not separately metered to Tenant, Tenant shall pay all such charges determined by Landlord, in its sole discretion, to be reasonable. Any such charges paid by Landlord and assessed against Tenant shall be immediately payable to Landlord on demand and shall be additional rent hereunder. Landlord shall not be liable for any interruption or failure of utility services on or to the Premises unless the interruption or failure of service is caused by the negligence or intentional act of Landlord or any of Landlord's officers, directors, employees, or agents. 13. HOLDING OVER. Tenant shall pay Landlord for each day Tenant retains possession of the Premises or part thereof after termination of this Lease by lapse of time or otherwise at the then market rental value of the Premises as determined by Landlord assuming a new lease of the Premises of the then usual duration and other terms, prorated on a daily basis ("Holdover Rate"), and also pay all damages, losses, and expenses sustained by Landlord by reason of such retention. If Landlord gives notice to Tenant of Landlord's election to that effect, such holding over shall constitute renewal of this Lease for a period from month to month at the Holdover Rate, but if the Landlord does not so elect, no such renewal shall result notwithstanding acceptance by Landlord of any sums due hereunder after such termination; and instead, a tenancy at sufferance at the Holdover Rate shall be deemed to have been created. In any event, no provision of this Article 13 shall be deemed to waive Landlord's right of reentry or any other right under this Lease or at law. 14. SUBORDINATION. Without the necessity of any additional document being executed by Tenant for the purpose of effecting a subordination, this Lease shall be subject and subordinate at all times to ground or underlying leases and to the lien of any mortgages or deeds of trust now or hereafter placed on, against or affecting the Premises, Landlord's interest or estate in the Premises, or any ground or underlying lease, provided, however, that (i) if the lessor, mortgagee, trustee, or holder of any such mortgage or deed of trust agrees not to materially disturb Tenant or Tenants use of the Premises or Tenant's rights hereunder and so long as no event of Default has occurred and is continuing, and (ii) if the lessor, mortgagee, trustee, or holder of any such mortgage or deed of trust elects to have Tenant's interest in this Lease be superior to any such instrument, then, by notice to Tenant, this Lease shall be deemed superior, whether this Lease was executed before or after said instrument. Notwithstanding the foregoing, Tenant covenants and agrees to execute and deliver upon 14 demand such further instruments evidencing such subordination or superiority of this Lease as may be required by Landlord. 15. REENTRY BY LANDLORD. Landlord reserves and shall at all times have the right to re-enter the Premises, without notice, to inspect the same, to supply any service to be provided by Landlord to Tenant under this Lease, to show said Premises to prospective purchasers, mortgagees or tenants, and to alter, improve or repair the Premises and any portion of the Premises, without abatement of rent, and may for that purpose erect, use and maintain scaffolding, pipes, conduits and other necessary structures and open any wall, ceiling or floor in and through the Premises where reasonably required by the character of the work to be performed. Landlord may enter the Premises without notice in the event of a burglary, fire, medical emergency, natural disaster, or other similar emergency, but shall in other cases provide 24 hours' notice and schedule such entry so as to minimize interference with Tenant's business and permit Tenant to safeguard confidential files in the Premises. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned by any action of Landlord authorized by this Article 15. Nothing in this Article 15 waives or shall be construed as waiving any claim by Tenant for any negligent or intentional act of Landlord or any employee, contractor, or agent of Landlord which in any way damages Tenant or Tenant's rights under this Lease. In the event that Landlord discovers a defect or other problem with the premises during such re-entry, Landlord may correct the defect or problem and Tenant shall reimburse Landlord on demand, as additional rent, for any expenses which Landlord may incur in correcting the defect or problem provided that Tenant was responsible for the repair of the defect or problem pursuant to Article 7.2 of this Lease. 16. DEFAULT. 16.1. Except as otherwise provided in Article 18, the following events shall be deemed to be Events of Default under this Lease: 16.1.1. Tenant shall fail to pay when due any sum of money becoming due to be paid to Landlord under this Lease, whether such sum be any installment of the rent reserved by this Lease, any other amount treated as additional rent under this Lease, or any other payment or reimbursement to Landlord required by this Lease, whether or not treated as additional rent under this Lease, and such failure shall continue for a period of five days after written notice that such payment was not made when due, but if any such notice shall be given, for the twelve month period commencing with the date of such notice, the failure to pay within five days after due any additional sum of money becoming due to be paid to Landlord under this Lease during such period shall be an Event of Default, without notice. 15 16.1.2. Tenant shall fail to comply with any term, provision or covenant of this Lease which is not provided for in another Section of this Article and shall not cure such failure within twenty (20) days (forthwith, if the failure involves a hazardous condition) after written notice of such failure to Tenant or if such failure cannot reasonably be cured with such twenty (20) days, Tenant shall fail to commence such cure within such twenty(20) day period and diligently pursue the same to completion. 16.1.3. Tenant shall abandon or vacate any substantial portion of the Premises or cease continuously operating its business therein. 16.1.4. Tenant shall fall to vacate the Premises immediately upon termination of this Lease, by lapse of time or otherwise, or upon termination of Tenant's right to possession only. 16.1.5. Tenant shall become insolvent, admit in writing its inability to pay its debts generally as they become due, file a petition in bankruptcy or a petition to take advantage of any insolvency statute, make an assignment for the benefit of creditors, make a transfer in fraud of creditors, apply for or consent to the appointment of a receiver of itself or of the whole or any substantial part of its property, or file a petition or answer seeking reorganization or arrangement under the federal bankruptcy laws, as now in effect or hereafter amended, or any other applicable law or statute of the United States or any state thereof. 16.1.6. A court of competent jurisdiction shall enter an order,judgment or decree adjudicating Tenant bankrupt, or appointing a receiver of Tenant, or of the whole or any substantial part of its property, without the consent of Tenant, or approving a petition filed against Tenant seeking reorganization or arrangement of Tenant under the bankruptcy laws of the United States, as now in effect or hereafter amended, or any state thereof, and such order, judgment or decree shall not be vacated or set aside or stayed within thirty (30) days from the date of entry thereof 17. REMEDIES. 17.1. Except as otherwise provided in Article 18, upon the occurrence of any of the Events of Default described or referred to in Article 16, Landlord shall have the option to pursue any one or more of the following remedies without any notice or demand whatsoever, concurrently or consecutively and not alternatively: 17.1.1. Landlord may, at its election, terminate this Lease or terminate Tenant's right to possession only, without terminating the Lease. 16 17.1.2. Upon any termination of this Lease, whether by lapse of time or otherwise, or upon any termination of Tenant's right to possession without termination of the Lease, Tenant shall surrender possession and vacate the Premises immediately, and deliver possession thereof to Landlord, and Tenant hereby grants to Landlord full and free license to enter into and upon the Premises in such event as permitted by law and to repossess Landlord of the Premises as of Landlord's former estate and to expel or remove Tenant and any others who may be occupying or be within the Premises and to remove Tenant's signs and other evidence of tenancy and all other property of Tenant therefrom without being deemed in any manner guilty of trespass, eviction or forcible entry or detainer, and without incurring any liability for any damage resulting therefrom, Tenant waiving any right to claim damages for such reentry and expulsion, and without relinquishing Landlord's right to rent or any other right given to Landlord under this Lease or by operation of law. 17.1.3. Upon any termination of this Lease, whether by lapse of time or otherwise, Landlord shall be entitled to recover as damages, all rent, including any amounts treated as additional rent under this Lease, and other sums due and payable by Tenant on the date of termination, plus as liquidated damages and not as a penalty, an amount equal to the sum of (a) an amount equal to the then present value of the rent reserved in this Lease for the residue of the stated Term of this Lease including any amounts treated as additional rent under this Lease and all other sums provided in this Lease to be paid by Tenant, minus the fair rental value of the Premises for such residue; (b) the value of the time and expense necessary to obtain a replacement tenant or tenants, and the estimated expenses relating to recovery of the Premises, preparation for reletting and for reletting itself, and (c) the cost of performing any other covenants which would have otherwise been performed by Tenant. 17.1.4. Upon any termination of Tenant's right to possession only without termination of the Lease: 17.1.4.1 Neither such termination of Tenant's right to possession nor Landlord's taking and holding possession thereof as provided in Section 17.1.2 shall terminate the Lease or release Tenant, in whole or in part, from any obligation, including Tenant's obligation to pay the rent, including any amounts treated as additional rent, under this Lease for the full Term, and if Landlord so elects Tenant shall pay forthwith to Landlord the sum equal to the entire amount of the rent, including any amounts treated as additional rent under this Lease, for the remainder of the Term plus any 17 other sums provided in this Lease to be paid by Tenant for the remainder of the Term. 17.1.4.2 Landlord shall use its best efforts to relet the Premises or any part thereof for such rent and upon such terms as Landlord, in its sole discretion, shall determine (including the right to relet the premises for a greater or lesser term than that remaining under this Lease, the right to relet the Premises as a part of a larger area, and the right to change the character or use made of the Premises). In connection with or in preparation for any reletting, Landlord may, but shall not be required to, make repairs, alterations and additions in or to the Premises and redecorate the same to the extent Landlord deems necessary or desirable, and Tenant shall, upon demand, pay the cost thereof, together with Landlord's expenses of reletting, including, without limitation, any commission incurred by Landlord. Landlord and Tenant agree that nevertheless Landlord shall at most be required to use only the same efforts Landlord then uses to lease premises generally and that in any case that Landlord shall not be required to give any preference or priority to the showing or leasing of the Premises over any other space that Landlord may be leasing or have available and may place a suitable prospective tenant in any such other space regardless of when such other space becomes available. Landlord shall not be required to observe any instruction given by Tenant about any reletting or accept any tenant offered by Tenant unless such offered tenant has a credit worthiness acceptable to Landlord and leases the entire Premises upon terms and conditions including a rate of rent (after giving effect to all expenditures by Landlord for tenant improvements, broker's commissions and other leasing costs) all no less favorable to Landlord than as called for in this Lease, nor shall Landlord be required to make or permit any assignment or sub lease for more than the current term or which Landlord would not be required to permit under the provisions of Article 9. 17.1.4.3 Until such time as Landlord shall elect to terminate the Lease and shall thereupon be entitled to recover the amounts specified in such case in Section 17.1.3, Tenant shall pay to Landlord upon demand the full amount of all rent, including any amounts treated as additional rent under this Lease and other sums reserved in this Lease for the 18 remaining Term, together with the costs of repairs, alterations, additions, redecorating and Landlord's expenses of reletting and the collection of the rent accruing therefrom (including attorney's fees and broker's commissions), as the same shall then be due or become due from time to time pursuant to the terms of this Lease, less only such consideration as Landlord may have received from any reletting of the Premises; and Tenant agrees that Landlord may file suits from time to time to recover any sums falling due under this Article 17 as they become due. Any proceeds of reletting by Landlord in excess of the amount then owed by Tenant to Landlord from time to time shall be credited against Tenant's future obligations under this Lease but shall not otherwise be refunded to Tenant or inure to Tenant's benefit. 17.2. Landlord may, at Landlord's option, enter into and upon the Premises after providing 24 hours' notice, except in the case of an emergency or where immediate action is necessary in which events no notice is required, if Landlord determines in its sole discretion that Tenant is not acting within a commercially reasonable time to maintain, repair or replace anything for which Tenant is responsible under this Lease and correct the same, without being deemed in any manner guilty of trespass, eviction or forcible entry and detainer and without incurring any liability for any damage or interruption of Tenant's business resulting therefrom. To the extent practical Landlord shall schedule such entry so as to minimize interference with Tenant's business and permit Tenant to safeguard confidential files in the Premises. If Tenant shall have vacated the Premises, Landlord may at Landlord's option re-enter the Premises at any time during the last six months of the then current Term of this Lease and make any and all such changes, alterations, revisions, additions and tenant and other improvements in or about the Premises as Landlord shall elect, all without any abatement of any of the rent otherwise to be paid by Tenant under this Lease. 17.3. In the case of litigation between the parties to enforce the terms of this Lease, the non-prevailing party shall be liable for the reasonable costs and attorney fees of the prevailing party. In the event that Landlord evicts Tenant from the Premises, Tenant shall be liable for Landlord's reasonable costs and attorney fees that Landlord incurs to remove Tenant and its personal property from the Premises. 17.4. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other remedies provided in this Lease or any other remedies provided by law (all such remedies being cumulative), nor shall pursuit of any remedy provided in this Lease constitute a forfeiture or waiver of any rent due to Landlord under this Lease or of any damages accruing to Landlord by reason of the violation of any of the terms, provisions and covenants contained in this Lease. 19 17.5. No act or thing done by Landlord or its agents during the Term shall be deemed a termination of this Lease or an acceptance of the surrender of the Premises, and no agreement to terminate this Lease or to accept a surrender of said Premises shall be valid, unless in writing signed by Landlord. No waiver by Landlord of any violation or breach or Event of Default of any of the terms, provisions and covenants contained in this Lease shall be deemed or construed to constitute a waiver of any other violation or breach or Event of Default of any of the terms, provisions and covenants contained in this Lease. Landlord's acceptance of the payment of rental or other payments after the occurrence of a violation, breachor Event of Default shall not be construed as a waiver of such default, unless Landlord so notifies Tenant in writing. Forbearance by Landlord in enforcing one or more of the remedies provided in this Lease upon a violation, breach or Event of Default shall not be deemed or construed to constitute a waiver of such violation, breach or Event of Default or of Landlord's right to enforce any such remedies with respect to such violation, breach or Event of Default or any subsequent violation, breach or Event of Default. 18. TENANT'S BANKRUPTCY OR INSOLVENCY. 18.1. If at any time and for so long as Tenant shall be subjected to the provisions of the United States Bankruptcy Code or other law of the United States or any state thereof for the protection of debtors as in effect at such time (each a "Debtor's Law"): 18.1.1. Tenant, Tenant as debtor-in-possession, and any trustee or receiver of Tenant's assets (each a "Tenant's Representative") shall have no greater right to assume or assign this Lease or any interest in this Lease, or to sub lease any of the Premises than accorded to Tenant in Article 9, except to the extent Landlord shall be required to permit such assumption, assignment or sublease by the provisions of such Debtor's Law. Without limitation of the generality of the foregoing, any right of any Tenant's Representative to assume or assign this Lease or to sublease any of the Premises shall be subject to the conditions that: 18.1.1.1. Such Debtor's Law shall provide to Tenant's Representative a right of assumption of this Lease which Tenant's Representative shall have timely exercised and Tenant's Representative shall have fully cured any default of Tenant under this Lease. 18.1.1.2. Tenant's Representative or the proposed assignee, as the case shall be, shall have deposited with Landlord as security for the timely payment of rent an amount equal to three months' rent and other monetary charges accruing under this Lease; and shall have provided Landlord with 20 adequate other assurance of the future performance of the obligations of the Tenant under this Lease. Without limitation, such assurances shall include, at least, in the case of assumption of this Lease, demonstration to the satisfaction of the Landlord that Tenant's Representative has and will continue to have sufficient unencumbered assets after the payment of all secured obligations and administrative expenses to assure Landlord that Tenant's Representative will have sufficient funds to fulfill the obligations of Tenant under this Lease; and, in the case of assignment, submission of current financial statements of the proposed assignee, audited by an independent certified public accountant reasonably acceptable to Landlord and showing a net worth and working capital in amounts determined by Landlord to be sufficient to assure the future performance by such assignee of all of the Tenant's obligations under this Lease. 18.1.1.3. The assumption or any contemplated assignment of this Lease or subleasing of any part of the Premises, as shall be the case, will not breach any provision in any other lease, mortgage, financing agreement or other agreement by which Landlord is bound. 18.1.1.4. Landlord shall have no right under Article 9 to refuse consent to the proposed assignment or sublease by reason of the identity or nature of the proposed assignee or sublessee or the proposed use of the Premises concerned. 19. QUIET ENJOYMENT. Landlord represents and warrants that it has full right and authority to enter into this Lease and that Tenant, while paying the rental and performing its other covenants and agreements contained in this Lease, shall peaceably and quietly have, hold and enjoy the Premises for the Term without hindrance or molestation from Landlord subject to the terms and provisions of this Lease. Landlord shall not be liable for any interference or disturbance by other tenants or third persons, nor shall Tenant be released from any of the obligations of this Lease because of such interference or disturbance. 20. DAMAGE BY FIRE, ETC. 20.1. In the event that the Premises is damaged by fire or other cause Landlord shall have the option of either terminating the Lease immediately and be under no obligation to rebuild the Premises or continue the Lease and rebuild the Premises. Within forty-five (45) days from the date of such damage, Landlord shall notify 21 Tenant, in writing, of Landlord's decision to rebuild the Premises or terminate the Lease. If Landlord decides to rebuild the Premises, Landlord shall within forty- five (45) days, notify Tenant of Landlord's reasonable estimation of the length of time within which material restoration can be made, and Landlord's determination shall be binding on Tenant. For purposes of this Lease, the Premises shall be deemed"materially restored" if they are in such condition as would not prevent or materially interfere with Tenant's use of the Premises for the purpose for which it was being used immediately before such damage. 20.2. If the Premises can be materially restored within ninety days (90), in Landlord's reasonable estimation, this Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate abatement in rent including any Taxes or any other expense incurred by Tenant under this Lease, from the date of such damage. Such abatement of rent shall be made pro rata in accordance with the extent to which the damage and the making of such repairs shall interfere with the use and occupancy by Tenant of the Premises from time to time. 20.3. If the Premises cannot be repaired within ninety (90) days, in Landlord's reasonable estimation, Tenant shall have the option of giving the Landlord, at any time within sixty (60) days after such damage, notice terminating this Lease as of the date of such damage. In the event of the giving of such notice, this Lease shall expire and all interest of the Tenant in the Premises shall terminate as of the date of such damage as if such date had been originally fixed in this Lease for the expiration of the Term. 20.4. In the event that neither Landlord nor Tenant exercises its option to terminate this Lease, then Landlord shall repair or restore such damage, this Lease continuing in full force and effect, and the rent hereunder shall be proportionately abated as provided in Section 20.2. 20.5. Landlord shall not be required to repair or replace any damage or loss by or from fire or other cause to any panelings, decorations, partitions, additions, railings, ceilings, floor coverings, office fixtures or any other property or improvements installed on the Premises or belonging to Tenant. If any damage by fire or other cause is the result of the intentional act, or negligence of Tenant, Landlord shall be under no obligation to repair the Premises and Tenant shall be liable for any such damages. Any insurance which may be carried by Landlord or Tenant against loss or damage to the Premises shall be for the sole benefit of the party carrying such insurance and under its sole control. 20.6. In the event that Landlord should fail to complete such repairs and material restoration within sixty (60) days after the date estimated by Landlord pursuant to Section 20.1, Tenant may at its option and as its sole remedy terminate this Lease by delivering written notice to Landlord, within thirty (30) days after the expiration of said period of time, whereupon the Lease shall end on the date of 22 such notice or such later date fixed in such notice as if the date of such notice was the date originally fixed in this Lease for the expiration of the Term; provided, however, that if construction is delayed because of changes, deletions or additions in construction requested by Tenant, strikes, lockouts, casualties, Acts of God, war, material or labor shortages, government regulation or control or other causes beyond the reasonable control of Landlord, the period for restoration, repair or rebuilding shall be extended for the amount of time Landlord is so delayed. 20.7. Notwithstanding anything to the contrary contained in this Article: (a) Landlord shall not have any obligation whatsoever to repair, reconstruct, or restore the Premises when the damages resulting from any casualty covered by the provisions of this Article 20 occur during the last twelve (12) months of the Term or any extension thereof, but if Landlord determines not to repair such damages Landlord shall notify Tenant and if such damages shall render any material portion of the Premises untenantable Tenant shall have the right to terminate this Lease by notice to Landlord within thirty (30) days after receipt of Landlord's ` notice; and (b) in the event the holder of any indebtedness secured by a mortgage or deed of trust covering the Premises requires that any insurance proceeds be applied to such indebtedness, then Landlord shall have the right to terminate this Lease by delivering written notice of termination to Tenant within thirty (30) days after such requirement is made by any such holder, whereupon this Lease shall end on the date of such damage as if the date of such damage were the date originally fixed in this Lease for the expiration of the term. 20.8. In the event of any damage or destruction to the Premises by any peril covered by the provisions of this Article 20, it shall be Tenant's responsibility to properly secure the Premises and upon notice from Landlord to remove forthwith, at its sole cost and expense, such portion of all of the property belonging to Tenant or its licensees from such portion or all of the Premises as Landlord shall request. 21. EMINENT DOMAIN. If all or any substantial part of the Premises shall be taken or appropriated by any public or quasi-public authority under the power of eminent domain, or conveyance in lieu of such appropriation, either party to this Lease shall have the right, at its option, of giving the other, at any time within thirty (30) days after such taking, notice terminating this Lease, except that Tenant may only terminate this Lease by reason of taking or appropriation, if such taking or appropriation shall be so substantial as to interfere with Tenant's use and occupancy of the Premises. If neither party to this Lease shall so elect to terminate this Lease, the rental thereafter to be paid shall be adjusted on a fair and equitable basis under the circumstances. In addition to the rights of Landlord above, if any substantial part of the Premises shall be taken or appropriated by any public or quasi-public authority under the power of eminent domain or conveyance in lieu thereof, and regardless of whether the Premises or any part thereof are so taken or appropriated, Landlord shall have the right, at its sole option, to terminate this Lease. Landlord shall be entitled to any and all income, 23 rent, award, or any interest whatsoever in or upon any such sum, which may be paid or made in connection with any such public or quasi-public use or purpose, and Tenant hereby assigns to Landlord any interest it may have in or claim to all or any part of such sums, other than any separate award which may be made with respect to Tenant's trade fixtures and moving expenses; Tenant shall make no claim for the value of any unexpired Term. 22. SALE BY LANDLORD. In event of a sale or conveyance by Landlord of the Premises, the same shall operate to release Landlord from any future liability upon any of the covenants or conditions, expressed or implied, contained in this Lease in favor of Tenant, and in such event Tenant agrees to look solely to the ability of the successor interest of Landlord in and to this Lease. Except as set forth in this Article 22, this Lease shall not be affected by any such sale and Tenant agrees to attorn to the purchaser or assignee. If any security has been given by Tenant to secure the faithful performance of any of the covenants of this Lease, Landlord may transfer or deliver said security, as such, to Landlord's successor in interest and upon delivery to Tenant of such successor's written acceptance of said security, Landlord shall be discharged from any further liability with regard to said security. 23. ESTOPPEL CERTIFICATES. Within ten calendar (10) days following any written request which Landlord may make from time to time, Tenant shall execute and deliver to Landlord or mortgagee or prospective mortgagee a sworn statement certifying: (a) the date of commencement of this Lease; (b) the fact that this Lease is unmodified and in full force and effect (or, if there have been modifications to this Lease, that this lease is in full force and effect, as modified, and stating the date and nature of such modifications); (c) the date to which the rent and other sums payable under this Lease have been paid; (d) the fact that there are no current defaults under this Lease by either Landlord or Tenant except as specified in Tenant's statement; and (e) such other matters as may be requested by Landlord. Landlord and Tenant intend that any statement delivered pursuant to this Article 23 may be relied upon by any mortgagee, beneficiary or purchaser and Tenant shall be liable for all loss, cost or expense resulting from the failure of any sale or funding of any loan caused by any material misstatement contained in such estoppel certificate. Tenant irrevocably agrees that if Tenant fails to execute and deliver such certificate within such ten (10) day period Landlord or Landlord's beneficiary or agent may execute and deliver such certificate on Tenant's behalf, and that such certificate shall be fully binding on Tenant. 24. SURRENDER OF PREMISES. 24.1. Tenant shall, at least thirty (30) days before the last day of the Term, arrange to meet Landlord for a joint inspection of the Premises. In the event of Tenant's 24 failure to arrange such joint inspection to be held prior to vacating the Premises, Landlord's inspection at or after Tenant's vacating the Premises shall be conclusively deemed correct for purposes of determining Tenant's responsibility for repairs and restoration. 24.2. At the end of the Term or any renewal of the Term or other sooner termination of this Lease, Tenant will peaceably deliver up to Landlord possession of the Premises, together with all improvements or additions upon or belonging to the same, by whom so ever made, in the same conditions received or first installed, broom clean and free of all debris, excepting only ordinary wear and tear and damage by fire or other casualty. Tenant may, and at Landlord's request shall, at Tenant's sole cost, remove upon termination of this Lease, any and all furniture, furnishings, movable partitions of less than full height from floor to ceiling, trade fixtures and other property installed by Tenant, title to which shall not be in or pass automatically to Landlord upon such termination, repairing all damage caused by such removal. Property not so removed shall, unless requested to be removed, be deemed abandoned by the Tenant and title to the same shall thereupon pass to Landlord under this Lease as by a bill of sale. All other alterations, additions and improvements in, on or to the Premises shall be dealt with and disposed of as provided in Article 6 hereof. 24.3. All obligations of Tenant under this Lease not fully performed as of the expiration or earlier termination of the Term shall survive the expiration or earlier termination of the Term. In the event that Tenant's failure to perform prevents Landlord from releasing the Premises, Tenant shall continue to pay rent pursuant to the provisions of Article 13 until such performance is complete. Upon the expiration or earlier termination of the Term, Tenant shall pay to Landlord the amount, as estimated by Landlord, necessary to repair and restore the Premises as provided in this Lease and/or to discharge Tenant's obligation for unpaid amounts due or to become due to Landlord. All such amounts shall be used and held by Landlord for payment of such obligations of Tenant, with Tenant being liable for any additional costs upon demand by Landlord, or with any excess to be returned to Tenant after all such obligations have been determined and satisfied. Any otherwise unused Security Deposit shall be credited against the amount payable by Tenant under this Lease. 25. NOTICES. Any notice or document required or permitted to be delivered under this Lease shall be addressed to the intended recipient, shall be transmitted personally, by fully prepaid registered or certified United States Mail return receipt requested, or by reputable independent contract delivery service furnishing a written record of attempted or actual delivery, and shall be deemed to be delivered when tendered for delivery to the addressee at its address set forth on the Reference Page, or at such other address as it has then last specified by written notice delivered in accordance with this Article 25. 25 26. TAXES PAYABLE BY TENANT. 26.1 Tenant shall be responsible for payment to the appropraite taxing authority of all Taxes as defined in Section 26.1.1. Tenant shall inform all taxing authority's of Tenant's obligation for the Taxes and request any notice for Taxes be sent directly to Tenant with a copy to Landlord. Tenant shall pay Taxes directly to the taxing authority without any further request from Landlord. Tenant shall notify Landlord of all payment of Taxes made by Tenant. In the event that Tenant does not pay any of the Taxes, Landlord shall have the right to pay the Taxes. In the event that Landlord pays any Taxes, Tenant shall, upon demand, reimburse Landlord for any Taxes paid and any additional costs incurred by Landlord as a result of making such payments. 26.1.1 "Taxes" shall be defined as:, real estate taxes and any other taxes, charges and assessments which are levied with respect to the Premises or the land appurtenant to the Premises, or with respect to any improvements, fixtures and equipment or other property of Landlord, real or personal, located in the Premises and used in connection with the operation of the Premises and said land, including without limitaton all taxes payable pursuant to Minnesota Statutes Section 272.01, Subd. 2. Taxes inlcude all fees, expenses and costs incurred by Landlord in Investigating, protesting, contesting or in any way seeking to reduce or avoid increase in any assessments, levies or the tax rate pertaining to any Taxes to be paid by Landlord in any Lease Year. Taxes shall not include any corporate franchise, or estate, inheritance or net income tax, or tax imposed upon any transfer by Landlord of its interest in this Lease or the Premises. 26.2 In addition to Rent, Taxes, and other charges to be paid by Tenant under this Lease, Tenant shall reimburse to Landlord, upon demand, any new taxes imposed by a federal, state, or local government upon Landlord that Landlord is obligated to pay as a result of Tenant's use of the premises under this Lease. 26.3 If the Commencement Date is other than January 1 or if the Termination Date is other than December 31, Tenant's liability for Taxes for the Lease Year in which said Date occurs shall be prorated based upon a three-hundred sixty-five (365) day year. 27. DEFINED TERMS AND HEADINGS. The Article headings shown in this Lease are for convenience of reference and shall in no way define, increase, limit or describe the scope or intent of any provision of this Lease. 26 Any indemnification or insurance of Landlord shall apply to and inure to the benefit of Landlord and any of its elected or appointed officials, employees, officers, directors, and agents. Any option or right granted to Landlord shall also include or be exercisable by Landlord's successor and assigns ,. In any case where this Lease is signed by more than one person, the obligations under this Lease shall be joint and several. The terms "Tenant" and "Landlord" or any pronoun used in place thereof shall indicate and include the masculine or feminine, the singular or plural number, individuals, firms or corporations, and each of their respective successors, executors, administrators and permitted assigns, according to the context hereof Tenant hereby accepts and agrees to be bound by the figures for the space footage of the Premises shown on the Reference Page. 28. AUTHORITY TO ACT ON BEHALF OF LANDLORD The City Council of Landlord (the "City Council"), by approval of this Lease, hereby grants the City Manager of Landlord (the "City Manager") the authority to exercise any option or right, including but not limited to the option to terminate this Lease pursuant to Section 9, provided to Landlord under the terms of this Lease without further consent or approval by the City Council. The City Council, by approval of this Lease, further grants the City Manager and the City Attorney of Landlord the authority to provide any notice that Landlord is required to provide under this Lease. 29. TENANT'S AUTHORITY. If Tenant signs as a corporation each of the persons executing this Lease on behalf of Tenant represents and warrants that Tenant has been and is qualified to do business in the state in which the Premises is located, that the corporation has full right and authority to enter into this Lease, and that all persons signing on behalf of the corporation were authorized to do so by appropriate corporate actions. If Tenant signs as a partnership, trust or other legal entity, each of the persons executing this Lease on behalf of Tenant represents and warrants that Tenant has complied with all applicable laws, rules and governmental regulations relative to its right to do business in the state and that such entity on behalf of the Tenant was authorized to do so by any and all appropriate partnership, trust or other actions. Tenant shall furnish contemporaneous with execution of this Lease a corporate resolution evidencing the due authorization of Tenant to enter into this Lease. 30. TIME AND APPLICABLE LAW. Time is of the essence of this Lease and all of its provisions. This Lease shall in all respects be Governed by the laws of the State of Minnesota and Tenant acknowledges that the exclusive venue for any action arising out of or related to this Lease shall be the Hennepin County District Court for the State of Minnesota. 27 31. SUCCESSORS AND ASSIGNS. Subject to the provisions of Article 10, the terms, covenants and conditions contained in this Lease shall be binding upon and inure to the benefit of the heirs, successors, executors, administrators and assigns of the parties to this Lease. 32. ENTIRE AGREEMENT. This Lease, together with its exhibits, contains all agreements of the parties to this Lease and supersedes and replaces any previous negotiations and leases. There have been no representations made by the Landlord or understandings made between the parties other than those set forth in this Lease and its exhibits. This Lease may not be modified except by a written instrument duly executed by the parties to this Lease. 33. EXAMINATION NOT OPTION. Submission of this Lease shall not be deemed to be a reservation of the Premises. Landlord shall not be bound by this Lease until it has received a copy of this Lease duly executed by Tenant and has delivered to Tenant a copy of this Lease duly executed by Landlord, and until such delivery Landlord reserves the right to exhibit and lease the Premises to other prospective tenants. Notwithstanding anything contained in this Lease to the contrary, Landlord may withhold delivery of possession of the Premises from Tenant until such time as Tenant has paid to Landlord the first month's rent required by Article 2 and any other sum owed pursuant to this Lease. 34. RECORDATION. Tenant shall not record or register this Lease or a short form memorandum hereof without the prior written consent of Landlord, and then shall pay all charges and taxes incident such recording or registration. 35. LIMITATION OF LIABILITY. Redress for any claim against Landlord under this Lease shall be limited to and enforceable only against and to the extent of Landlord's interest in the Premises. The obligations of Landlord under this Lease are not intended to and shall not be personally binding on, nor shall any resort be had to the private properties of any of the elected or appointed officials, employees, officers, directors, or agents of Tenant. 36. DATA PRACTICES ACT, 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 28 Practices Act Section 13.02, Subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Tenant in performing any of the functions of Landlord during performance of this Agreement is subject to the requirements of the Data Practice Act and Tenant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Tenant in relation to this Agreement shall contain similar Data Practices Act compliance language. 37. AUDITS. The books, records, documents, and accounting procedures and practices of the Tenant or other parties relevant to this agreement are subject to examination by Landlord and either Legislative Auditor or the State Auditor for a period of six years after the effective date of this Contract. 38. WORKER'S COMPENSATION. Tenant represents and warrants that it has and will maintain during the performance of this agreement worker's compensation insurance coverage required pursuant to Minn. Stat. § 176.181, subd. 2 and that the certificate of insurance or the written order of the Commissioner of Commerce permitting self insurance of worker's compensation insurance coverage provided to Landlord prior to execution of this agreement is current and in force and effect. 39. DISCRIMINATION. In performance of this contract, the Tenant shall not discriminate on the grounds of or because of race, color, creed, religion, national origin, sex, marital status, status with regards to public assistance, disability, sexual orientation, or age against any employee of the Tenant, any subcontractor of the Tenant, or any applicant for employment. Tenant shall include a similar provision in all contracts with subcontractors. Tenant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minn. Stat. § 363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 40. CONFLICTS. No salaried officer or employee of Landlord authorized to take part in making of this Lease on behalf of Landlord and no City Council Member shall have a financial interest, direct or indirect, in this Lease. The violation of this provision renders the Contract void. No federal regulations and applicable state statutes shall be violated. 41. LIMITATION OF REMEDIES 29 In the event of a breach of the Lease by Landlord, Tenant shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 42. LICENSURE Tenant shall use best efforts to obtain all required licenses for its day care business by August 28, 2017. If Tenant has not obtained a license by said date, Tenant may terminate this Lease by providing written notice to Landlord of such termination. "Best efforts" shall not include installation of a building sprinkler system or other indoor plumbing, electrical, or mechanical systems if such is required for licensure. If Tenant terminates pursuant the Lease to this paragraph the Security Deposit is non-refundable to Tenant and Landlord is entitled to keep the entire Security Deposit. LANDLORD: TENANT: CITY OF EDEN PRAIRIE EDEN PRAIRIE MONTISSORI LEARNING CENTER, INC. By: By: Nancy Tyra Lukens, Its Mayor Its: By: Rick Getschow, Its City Manager Dated: Dated: EXHIBIT A attached to and made a part of Lease bearing the Lease Execution Date of , 2017 Between, City of Eden Prairie, as Landlord and Eden Prairie Montissori Learning Center, Inc., as Tenant PREMISES LEGAL DESCRIPTION Lot 1, Blockl, Shead Addition, Hennepin County, Minnesota EXHIBIT B attached to and made a part of Lease bearing the Lease Execution Date of , 2017 Between, City of Eden Prairie, as Landlord and Eden Prairie Montissori Learning Center, Inc., as Tenant RULES AND REGULATIONS 1. Tenant shall not (i) conduct or permit any fire, bankruptcy or auction sale (whether real or fictitious) unless directed by order of a court of competent jurisdiction, or conduct or permit any legitimate or fictitious "Going Out of Business" sale nor represent or advertise that it regularly or customarily sells merchandise at "manufacturer's, " "distributor's, " or "wholesale, " "warehouse, " or similar prices or other than at "off price" or at "retail" prices; (ii) use, or permit to be used, the malls or sidewalks adjacent to such Premises, or any other area outside the Premises for solicitation or for the sale or display of any merchandise or for any other business, occupation or undertaking, or for outdoor public meetings, circus or other entertainment (except for promotional activities in cooperation with the management of the Premises or an association of merchants within the Premises); (iii) use or permit to be used any flickering lights or any sound broadcasting or amplifying device which can be heard outside of the Premises; (iv) operate or cause to be operated any "elephant trains" or similar transportation devices; or (v) use or permit to be used any portion of the Premises for any unlawful purpose or use or permit the use of any portion of the Premises as regular living quarters, sleeping apartments or lodging rooms or for the conduct of any manufacturing business. 2. Tenant shall at all times keep the Premises at a temperature sufficiently high to prevent freezing of water pipes and fixtures. Tenant shall not, nor shall Tenant at any time permit, any occupant of the Premises to: (1) use, operate or maintain the Premises in such manner that any rates for any insurance carried by Landlord, or the occupant of any premises within the Premises, shall thereby be increased; or (ii) commit waste, perform any acts or carry on any practices which may injure the Premises or be a nuisance or menace to other tenants in the Premises. 3. Tenant shall not obstruct any sidewalks, passages, exits, entrances, truck ways, loading docks, package pick-up stations, pedestrian sidewalk and ramps, first aid and comfort stations, or stairways of the Premises. No Tenant and no employee or invitee of any Tenant shall go upon the roof of the Premises. 4. If Tenant requires telegraphic, telephonic, burglar alarm or similar services, it shall first obtain, and comply with Landlord's instructions in their installation. Landlord shall furnish any such instructions within five (5)business days after request from Tenant. 5. Tenant shall not place a load upon any floor which exceeds the designed load per square foot or the load permitted by law. Landlord shall have the right to prescribe the weight, size and position of all equipment, materials, furniture or other property brought into the Premises. Heavy objects shall stand on such platforms as determined by Landlord to be necessary to properly distribute the weight. Business machines and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of Tenant's store or to any other space to such a degree as to be objectionable to Landlord or to any tenants shall be placed and maintained by Tenant, at Tenant's expense, on vibration eliminators or other similar devices. The persons employed to move equipment in or out of Tenant's store must be acceptable to Landlord. Landlord will not be responsible for loss of, or damage to, any equipment or other property from any cause, and all damage done to the Premises by maintaining or moving such equipment or other property shall be repaired at the expense of Tenant. 6. The toilet rooms, toilets,urinals, wash bowls and other apparatus shall not be used for any purpose other than that for which they were constructed, no foreign substance of any kind whatsoever shall be thrown therein, and the expense of any breakage, stoppage or damage resulting from the violation of this rule shall be borne by the Tenant who, or whose employees or invitees, shall have caused it. 7. Tenant shall not install any radio or television antenna, loudspeaker or other device on the roof or exterior walls of Tenant's store except the satellite dish currently being used by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld. Tenant shall not interfere with radio or television broadcasting or reception from or in the Premises or elsewhere. 8. Tenant shall not install, maintain or operate upon the Premises or in any Common Areas under the exclusive control of Tenant any vending machine or video game without Landlord's prior written consent. 9. Tenant shall store all of its trash and garbage in containers within the Premises. Tenant shall not place in any trash box or receptacle any material which cannot be disposed of in the ordinary and customary manner of trash and garbage disposal. All garbage and refuse disposal shall be made in accordance with directions issued from time to time by Landlord. 10. Tenant shall not use in any space any hand trucks except those equipped with the rubber tires and side guards or such other material handling equipment as Landlord may approve. Tenant shall not bring any other vehicles of any kind into Tenant's store. 11. Landlord may waive any one or more of these Rules and Regulations, but no such waiver by Landlord shall prevent Landlord from thereafter enforcing any such Rules and Regulations of the Premises. 12. These Rules and Regulations are in addition to, and shall not be construed to in any way modify or amend, in whole or in part, the terms, covenants, agreements and conditions of any lease of premises in the Premises. 13. Tenant shall be responsible for the observance of all of the foregoing rules by Tenant's employees, agents, clients, customers, invitees and guests.