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City Council - 02/05/2018
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM MONDAY, FEBRUARY 5, 2018 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 Katie O'Connor Workshop-Heritage Rooms I and H(5:30) I. ASPIRE EDEN PRAIRIE 2040 (TRANSPORTATION) (5:30-6:20) II. STRATASYS (6:20-6:30) Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT DRAFT - WORKING COPY To L_ inee Road__ _- � _424, 6�6�62 Highway 62 w n _\` __ F14 I 11 �t • �c�ayegoulevarq ki� \-,-_, // li F I ii's‘4 t,10 v, lil �� 1 • o� �� / a3\ ! F,, .494 a Ilb �a11eY Viek, r) I ,e 1 �i .1' ini I illh4111 _---- Ro i 112 West78th StreetMill �-- g�� u _ —��1i-1`�= 5 ` � -7`I 0 .�r via� ` ��ti si .1 �'I ® ��� 7_gifir0'° - 494 F—�,� gi rivAlt, I 1 \, ma ‘ 0 ° le NW ci 4 Aa......_______________ ,, Elpg "No. A.,_, -'4!t I geamath Trail t.,` 11il" 3 ` k alrI foP lrkr'p Rrioelmllp i VAth bIP ItvrI*a/VWl kbi/ caa�son bakes Pdrkwdy x ,1a4pi/P5 r0 lOt A -0to, . 01 11.----,----_,.._-w 4 1 .��1. s Pi ke 1 T 4f eV a a. E I 44# ) 191.,1W4p. .1° Larilin ill Ar _ _____. 4 ilik fill �•Riverview Road Nair 11 . �, • li ?pad \ i I I" \�d`a� 1, R°aqD� SHAKOPEE \ 1 1 iji lotGQ -C3 Planned Roadway Improvements by 2040 A Future 4-Lane Divided Road NORTH • Interchange Improvement OIntersection Improvement Future 4-Lane Road 0 0.5 1 Future 3-Lane Road Miles 0 Intersection Control Improvement Future Roadway Connections Future 2-Lane Road Source: City of Eden Prairie Future 6-Lane Road New Freeway Ramp Published: SRF Consulting Group, Inc. Eden Prairie 2040 Transportation Plan hhiiiiiii, .._ Eden Prairie City Council Workshop Monday February 5, 2018 . 5:30 P.m. jday's Agenda 1. Transportation Planning Overview — What is a Transportation Plan? — What goes into a Transportation Plan? 2 . Public Engagement Outreach Efforts 3. Sections of the Transportation Plan 4. Next Steps What is a Transportation Plan ? okitA Transportation Plan . . . . . . plays a fundamental role in a state, region , or community's vision for its future. It includes a comprehensive consideration of possible policies, goals, system mobility, and potential infrastructure investments to prepare for future needs to move people and goods to destinations. It is rounded out with open , timely, and meaningful public engagement. What goes into a Transportation Plan ? hihmies,..._ kiiiiiiiii Met Council Transportationbow- Plan Requirements Roadways + Traffic Forecasting Bicycling + Walking Freight - • 4 • - ft MI ., :.-__ zlow t - .dir'''- -.Z. '''',-a s.j ig i aA Transit Aviation Healthy Environment '. • - a slam WON ----- _.. - - _ . ASPIRE mi, I EDEN PRAIRIE 2040 Eden Prairie's Transportation Plan oklis,a .,__ • The last Transportation Plan was ._..4, ltd. ,...._<,,_ ..:....„.-ff-----1 __.„4_ z.:._1: 7_ ,., ______ 5A z ! completed in 1997 — The 2008 CompPlan was done / ° \ ° n �� as an update - - . • Separate Transportation Plan wv* m . m,.�y. u n . a documentL_____1\.„-\_�� III) IFIIIIF e Seurat. �'ti� _ — S u m m a ry will go into the Transportation C4aIF�ep Paine Metropolitan�ounciL MmnssaFa ONR Bend a»w '"' ry ,_,--- j Inrtrsttlt Higfiway Chapter of ASPIRE 2040 \ � . // USiti^kHigry _` ^NSatepHMtghway 1/ Minnesota 7^tnk Highway MunFaptl SttttAitl g ,t -,+t} N Nii i g'6 I EXISTING ROADWAY SYSTEM EDEN �CGIPgEHEryS1VE PLAN Miles FAOE AN UPOiT_r C! Oct.2009 figure 5.1 VW 00,006° yv . ASPIRE NI, i EDEN PRAIRIE 2040 m . Public Engagement Outreach Efforts oklis,a .____ Public Engagement Outreach Efforts • Previous Public Comments 4t11ofJulv v cit Celebration — Pedestrian and Bicycle Plan (2014) PROP Food Pantry (2) — Quality of Life Survey (2016) r' SouthWest Transit Station A • Transportation Plan Public Outreach Staring Lake Trail Crossing Old Spokes Bike Group — 2 Transportation Focus Groups Senior Center BBQ (40 Participants) Park Seasonal Staff — Public Survey's (159 Reponses) — Leadership In Training — Online Interactive sMap Comments \ (150 Total Reponses) — sMap Comment Worksheet (50 Responses) — Community " Pop-Up" Events ASPIRE ta,r,,a .____ hiiiiihi.._ Public Outreach Report — Transportation Focus Group (40 Participants) F;r+st �;uf . sF mitt swtk k �riorifi.eS Pviowt•\ Tli0ai9 — Sa.u. A. �^„+ wws .,a►, +ra� , i, nr5� ' Tra}1c11- ava�lalat►� � � - GIN i �i;o�� �ail �„ � � Uftc1YL1- 0.efztattthes / � '� c1k L7-f-wdI� wdaQ �upWG bYcia 0�►pti�m � blice, rk aInrseCf �S y ��aii (Ovum�k ;n �� Cxo cj �q ��+ • ' \e‘i:\VIt 1446e Offil cli" Sib � — 3�s�r�nses ' �r�bs� q� ► - Mi1a �c���le ./� / �14 Taip,c,60 — \mg: ;Otos fz..2j 01mAk-kvi\ ,fan Niro& (01-k-WW-e4 0.-krthi4 -11-% vtOiSt St�►u�A tirnr'+ j issuas RINI .A iJo .i re 'l � ��� - Corv�2s4iw� diacfbnat co.)) /A'p/`�/ :- EDEN PRR oki,e,i,..,___ hithili, _ Public Outreach Report — Public Survey's (159 Reponses) Traffic Flow and 68 Congestion Transit Availability Which two transportation and Access issues concern you the Traffic Signal 29% c Timing most?' ' t� Vehicle, Ped, Bike 29/ 0 Safety Pedestrian and 9 Other: Bike Connectivity - Bicyclists not obeying stop lights Freight Movement 1 - Visibility of turns and Generators Pavement Quality 11% Other(Please 13% _ Lv Specify) RINI 00,. 10% 20% 30°/0 40% 50% 60°/0 70% 80% 90°/0 100% ASPIRE EDEN PRAIRIE 2040 ......,_____ kiti......_ Public Outreach Report — Public Survey's (159 Reponses) What is your primary mode What is your secondary mode of transportation? of transportation? CarMom I Car Eli Public Transit' Public Transit Bicycle I Bicycle Walking Walking Carpool/Vanpool I Carpool/Vanpool Taxi/Uber/Lyft Taxi/Uber/Lyft' Other(please ' specify) Other(please specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 0°/a 10°/a 20°/n 30% 40% 50% 60°/a 70% 80% 90°/a 100% Agwry gilil ASPIRE ti EDEN PRAIRIE 2040 hibili,,,i__ Public Outreach Report oklis,a ____ — Online sMap Interactive Comments (150 Total Reponses) Traffic Flow and Congestion (41) Traffic Signals (22) ID TS7 , - - - .. _ s -- -izia I f i 1 rr77 I © 4'� i 41) 00 go , w, I 1 .lc_. r.. r I r- • I • - - i � I I I I , ,_ _ _ r I , \ _ , 1 ASPIRE N N I SHAKOPEE N.I �I EDEN PRAIRIE 2040 Public Outreach Report moilm - kft,-- 4111,,,,....__ — sMap Comment Worksheet (50 Responses) Traffic Signal Traffic Flow + Congestion Transit Destination Anglaisan Lakes Parkway Fp 211 Mitchell lid Flying Cloud Drive Loma Prairie Center Drive #-.> i4- ;::,,.u.. hllnneapollsi,r;;,,, �9 Yefir tyr Center a trt Ai CenteriliSL W, ,. HtvY-5%Malill "C44, 4,16.0. t i Anderson Lakes ilw'Praiyle CenterTechnology Hwy .: :CRPatFlying Cloud Technolog Carlson S tatij Anderson Lakes Parkway212 i 4� .44 light gh s ha ° # �.�r� M.w ead Shady Oak Teel olog+�Drive . ..�, �n Hwy-5 R-4 Valley'heel%141iulrell Road Prairie Center Valley View 4 ASPIRE RN' EDEN PRAIRIE 2040 Eden Prairie Transportation Plan oki,e,i,.. ___ hhibli, _ Eden Prairie Transportation Plan • Goals and Policies • Transit System Plan • Multimodal System Plan Plan Components / • Freight System Plan Sections • Aviation System Plan • Sub Area Studies • Roadway System Plan • Pavement Preservation • Planning for the Future oki,e,i ___ hiititi Healthy Environment / Sustainability / Resiliency Healthy Environments Sustainability & Resiliency • Ped/Bike Connections • Pavement Preservation • Access to Alternative Modes of — Investment Needs Analysis Transportation • Engaging All Aspects of the • Transportation Technology Advancements Public — Autonomous and Connected Vehicles — Electric Vehicles — E-Charge Stations ikar,a,. .___ Goals and Policies Goal 1. Provide and maintain a safe, convenient, effective, and efficient multimodal transportation system for the movement of people, goods, and services. Goal 2. Provide a safe and efficient roadway system that balances mobility, access and the diverse needs of transportation system users. Goal 3. Protect investments in the transportation system through strategic preservation , maintenance and operation of system assets. Goal 4. Promote public transit in Eden Prairie that accommodates and serves all residents and provides transit services for commuters and diverse populations. itrines,,. .___ Goals and Policies (cont.) Goal 5. Provide and maintain an interconnected system of pedestrian and bicycle facilities that provide safe transportation and recreational opportunities. Goal 6. Provide a transportation system that supports the economic vitality and prosperity of the City and the region . Goal 7. Ensure the Eden Prairie transportation system is resilient, sustainable and able to evolve with societal and technology advancements and changes, safeguarding investments for many years to come. *Aviation goals will be included in the Aviation section of the Transportation Plan. * iiii......... kllkiiiiiktaariuw..__ Transit System Pl1111.1111.w- an Transit System Connectivity • Existing System t 4m,,,. i ..._,,m — SouthWest Transit ) E;, $ �oRo,.a,a "". 96 • low — Park-and-Ride Facilities • E.q . •, e 65 — Express Route Service ( e„tk, - 21 y SouthWest Matron I� Park&Rids _mak l St Andrew • 3 '5 — SouthWest Prime Service 69 ? L.Utherdf Churh , eRwwr • perk B Ride • 4% 77. ,„ a• 8 • • Future System Planning o�EHs� Preserve 1 Vllege Mall ;I • irk&Rlde O — Southwest LRT a i2 • Mitchell Road Station RRa0LL4O° �' � DRE Im — American Blvd BRT • .r.a� q — TH 169 BRT °q r�r SHAKOPEE E — Support to SouthWest Transit Transit System • Bus Stops City Advocacy for LRT to Mitchell Road NORTH Park and Rides i!i Southwest LRT Mitchell Road Station 0 OS 11 ASPIRE Transit Routes Southwest LRT to Mitchell Road Miles I.I;� • Southwest LRT Stations Source:Met Council,SW Transit EDEN PRAIRIE 2040 Southwest LRT Alignment Published:SRF Consulting Group,lnc. iiiii...,__ Multimodal System Plan bow- ii..........____ A • Existing System (2017) EDEN City of Eden Prairie Miles IofSiPRAIRIE Pedestrian and Bicycle Plan — 94 es S d eW a111 01•W001.031E.. — 127 Miles of Trails „` .r -} — 13 Miles of Soft Surface Trails � ° - ii"`�lit • 2014 Pedestrian and Bicycle Plan L! ! Adopted by the Eden Prairie City Council December 2, 2014 11 a Ita �,.,,.s:::::° e i■• ■■■ ,,,, „Flglcommunity design group ASPIRE ��,, EDEN PRAIRIE 2040 Multimodal System Plan Multimodal System Connectivity 1 m - -� - Future System Planning * - Ili, �r °�°..,l,AIr - " �°i i — Barrier Reduction �- I ;- f - 3 On-Street Bicycle Lanes — • _L ._ , .. ,Tx,,,..0; av e' InTi!]nk!]v: .,.., ,.„, 6 ,./, I P r e s e r v a t i o n fort tOlio• „�°„rs�s gOr Y Connectivity to Businesses and A ActivityCenters (RBTN)r 1 — Gap Removal �`°a6 Additional Sidewalks -4.,_ � ', ' - — Connections to Transit SHAKOPEE \, Bicycle and Pedestrian Trail and Sidewalk Facilities Lv Recommended On-Street Bicycle Lane Regional Trail Search Corridors NORTH On-Street Neighborhood Slaw Street RBTN Tier 1 Alignment 0 0.5 1 ASPIRE MI J I Miles RBTN Tier 2 Alignment 40 Source:City of Eden Prairie,Met Council EDEN PRAIRIE 2Q Published:SRF Consulting Group,Inc. hithili, _ System Plan oklis,a ____ Freight System Connectivity • Existing System „ „ m_ _ ; -� ' 6 — Key freight corridors 1-494, US 212, l and TH 5X. i Is — Freight generators have adequate _ 11 '��°X :---'46 . ..— i access to major highways .o�,pa 1 • Future System Planning • — Recognize affect of E-commerce , g.r. — ASPIRE 2040 Land Use review: Not `. �v �I ex ectin additionofnewfrei ht -- � � ' � traffic _ _ SHAKOPEE \, Freight Generators+ Heavy Commercial Average Annual Lv Daily Traffic (HCAADT)Volumes NORTH HCAADTsort Volumes Airport ca Major singt Generators 0 0 5 ASPIRE - ;�I 5 509 Rated and Other Commercial • RR ands Crossings Milos 500.1,000 Industrial and Lllilky ��Railroads -1,900-5.000 Source.MnCpT.Met Council EDEN PRAIRIE 2040 Published'SRF Consulting Group,Inc. -5,000.7.000 Aviation System Plan iki,si,,...„_ Airemtuw • Flyi n Cloud Airport Advisory - _ Commission (Jan . 11, 2018) `�i if .--'-- r ,_ - ` 1, r_� • Existing n System m , 4 1 - . , , r Y ,: — 1 of 6 reliever airports t _�: , . 0 tilli ' — All information has been updated N , : ‘., i 3A 31� `" �Y ) '' to reflect current conditions of _: ` f‘"N., ; the Flying Cloud Airport . __ ., . -� — Continue to remain in :. . ...,,., ,.,„,,-., Div , F - accordance with Ordinance 97 • Future System Planning a�,y -�. �-� 'r ' � � �� ��� , Y g 3 ._ 2025 Preferred Alternative (2010 LTCP) Contour — Draft JAZB Ordinance yv ASPIRE I:1,, EDEN PRAIRIE 2040 ...........___ Aviation System Plan : Goals Goal 1. Promote land use compatibility between Flying Cloud Airport and surrounding land uses. Goal 2. Minimize the impact of aircraft noise upon noise-sensitive land uses. Goal 3. Support action by the MAC to protect land areas within defined State Safety Zones. Goal 4. Protect all primary, horizontal , conical approach , transitional and general airspace from vertical intrusions. Goal 5. Establish and implement an airport zoning district for existing and new development and Flying Cloud Airport. 1004.450_ ihhi....,__ Sub Area Studies ii.......,.__ ... . .. -cr -14111r - , - ., Golden Triangle Area (GTA) Study 1, , • Current analysis results are el - " ° y consistent withprevious planning n i n . p g 4.*-,.. , ,. • *'• t A a �� • Continue to anticipate need for _ A Br - ._ i m p rove m e nts at: • 10`" `,. 1 ,+ - — TH 169/Valley View Rd Interchange . _. ��,,,. a G...1. lq. - . r "�, B — TH 212/Va I I ey View Rd Interchange P -tttiltela. y.. ':� r F — Internal Intersection/Roadway „ ._ �,T1ik • Improvements k • Benefit to beingserve byadditional ,A 14„ ,3„) transit ( Bus Rapid Transit) Igil ri L., . davis-----7---= - 7--- - — , , ,,,k),-$), _., . .....r-----14447_,..:4 ASPIRE RINI .: y e' , ..4 r),ft,',., EDEN PRAIRIE 2040 Sub Area Studies iki,si,,..„__ TH 5/CR 4 Subarea Study . 0 400 800 - • Public Engagement Comments �` , t� ��� � Fee: — Traffic Flow and Congestion Issues tau; �:._, _ — Traffic Signal Timing Issues �° "' — North/South Multimodal Connections across TH 5 - 1 III 4� r J ,. _ �� i • Future Needs - -- . — Additional Analysis of the Area ti f 4 •� C., : �— Im roved Multimodal ConnectionY. :�_ = �z— across TH 5 — Connection from CR 4 to Fuller Road • x „ ' 4 l'o � A , ASPIRE ��,, EDEN PRAIRIE 2040 DRAFT — WORKING COPY I: adway System Plan �eeo��e�a�a y� -N........."07.'°.' i p i P • Planned Roadway Improvements w .�.� alaYv�wo • - �6 ,Nest smee� * 0 �, — Some segments of 1997 0 Transportation Plan now shown to be I ,, j.......„ b aii A� ....F..........: ' . t U I conservative ; So¢`` \ b — 2008 Transportation Chapter List BBarpath Tr�r Lakes �w I — Previous Plans and Studies i _ - r — Small Area Studies pb„erT ail eQom � _ ��' it — Need Affirmation of �[. i 69 Recommendations from I Rive19iew Rope Travel Forecasts t • Prior to construction all projects are is ' � � � ` � ,,,,- SHAKOPEE anticipated to have full design and 0 public involvement process Planned Roadway Improvements by 2040 A Interchange Improvement Future 4-Lane Divided Road NORTH Intersection Improvement Future 4-Lane Road 0 0.5 1 NNI Intersection CowaytCl Improvement t -Future 3-Lane Road Miles _Future Roadway Connections Future 2-Lane Road Source:City of Eden Prairie Future 6-Lane Road New Freeway Ramp Published:SRF Consulting Group,Inc. N ext Ste ps hiikar,a,. .___ Transportation Plan Next Steps 1. Complete the Draft Plan Document 2 . City, Adjacent Community, and Metropolitan Council Review 3. Incorporate Transportation Plan into Overall Comprehensive Plan hithi . ..„__ Thank you ! Randy Newton , Assistant City Engineer City of Eden Prairie rnewton@ci .eden-prairie. mn . us (952) 949-8339 Craig Vaughn , Project Manager SRF Consulting Group, Inc. cvaughn@srfconsulting.com (763) 249-6774 AGENDA EDEN PRAIRIE CITY COUNCIL MEETING MONDAY, FEBRUARY 5, 2018 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 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 16, 2018 B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 16, 2018 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SCHEELS by CAPREF Eden Prairie. Second Reading of an Ordinance for PUD District Review with waivers on approximately 20 Acres; Resolution for Site Plan Review; Development Agreement C. AWARD CONTRACT FOR 2018 STREET SWEEPING TO PEARSON BROTHERS, INC. D. APPROVE CONSTRUCTION CONTRACT WITH KEYS WELL DRILLING TO SERVICE AND UPGRADE MUNICIPAL WELL NO. 2 E. APPROVE CONSTRUCTION CONTRACT WITH KEYS WELL DRILLING TO SERVICE AND UPGRADE MUNICIPAL WELL NO. 9 CITY COUNCIL AGENDA February 5, 2018 Page 2 F. AWARD CONTRACT TO LAVAN FLOOR COVERING FOR RECARPETING CITY OFFICES G. DECLARE OBSOLETE OFFICE FURNITURE AS SURPLUS H. APPROVE ONE-YEAR COMMUNITY GARDEN PLOT LEASE AGREEMENT WITH METROPOLITAN AIRPORT COMMISSION (MAC) I. APPROVE AGREEMENT WITH APPLIED ECOLOGICAL SERVICES, INC FOR MAINTENANCE OF TURF TO NATIVE CONVERSION AREAS J. ADOPT RESOLUTION FOR GRANT APPLICATION SUBMITTAL TO HENNEPIN COUNTY'S TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM FOR TOWN CENTER STATION IMPROVEMENTS K. APPROVE AGREEMENT FOR ASPIRE EDEN PRAIRIE 2040 COMPREHENSIVE PLAN L. ADOPT RESOLUTION FOR FIRE RELIEF ASSOCIATION TO SEEK LEGISLATION FOR INCREASE IN LUMP SUM PENSION PAYOUT CAP IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. APPROVE LAYOUT AND ADOPT RESOLUTION APPROVING APPRAISAL VALUES AND PROPERTY ACQUISITION FOR PRESERVE BOULEVARD IMPROVEMENTS CITY COUNCIL AGENDA February 5, 2018 Page 3 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: February 5, 2018 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Monday, February 5, 2018 MONDAY, FEBRUARY 5, 2018 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 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 16, 2018 B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 16, 2018 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-L on the Consent Calendar. ANNOTATED AGENDA February 5, 2018 Page 2 A. CLERK'S LICENSE LIST B. SCHEELS by CAPREF Eden Prairie. Second Reading of an Ordinance for PUD District Review with waivers on approximately 20 Acres; Resolution for Site Plan Review; Development Agreement C. AWARD CONTRACT FOR 2018 STREET SWEEPING TO PEARSON BROTHERS, INC. D. APPROVE CONSTRUCTION CONTRACT WITH KEYS WELL DRILLING TO SERVICE AND UPGRADE MUNICIPAL WELL NO. 2 E. APPROVE CONSTRUCTION CONTRACT WITH KEYS WELL DRILLING TO SERVICE AND UPGRADE MUNICIPAL WELL NO. 9 F. AWARD CONTRACT TO LAVAN FLOOR COVERING FOR RECARPETING CITY OFFICES G. DECLARE OBSOLETE OFFICE FURNITURE AS SURPLUS H. APPROVE ONE-YEAR COMMUNITY GARDEN PLOT LEASE AGREEMENT WITH METROPOLITAN AIRPORT COMMISSION (MAC) I. APPROVE AGREEMENT WITH APPLIED ECOLOGICAL SERVICES, INC FOR MAINTENANCE OF TURF TO NATIVE CONVERSION AREAS J. ADOPT RESOLUTION FOR GRANT APPLICATION SUBMITTAL TO HENNEPIN COUNTY'S TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM FOR TOWN CENTER STATION IMPROVEMENTS K. APPROVE AGREEMENT FOR ASPIRE EDEN PRAIRIE 2040 COMPREHENSIVE PLAN L. ADOPT RESOLUTION FOR FIRE RELIEF ASSOCIATION TO SEEK LEGISLATION FOR INCREASE IN LUMP SUM PENSION PAYOUT CAP IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS ANNOTATED AGENDA February 5, 2018 Page 3 XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 1. APPROVE LAYOUT AND ADOPT RESOLUTION APPROVING APPRAISAL VALUES AND PROPERTY ACQUISITION FOR PRESERVE BOULEVARD IMPROVEMENTS Synopsis: The Preserve Boulevard Improvements are included in the City's Capital Improvement Plan and the City Council previously authorized a final design contract for the project. This action approves the design layout for the project and adopts a resolution approving the appraisal values for the properties to be acquired and authorizes the City Attorney and City Engineer to acquire the properties needed for the Project. MOTION: Move to: • Approve layout dated January 31, 2018; and • Adopt resolution approving the appraisal values for the property acquisitions for the Preserve Boulevard Improvements, City Project Number I.C. 16-594o (the "Project") ; and • Authorizing the City Attorney and City Engineer to acquire the properties for the Project by direct negotiation or condemnation. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA February 5, 2018 Page 4 MOTION: Move to adjourn the City Council meeting. ITEM NO. VI. A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,JANUARY 16, 2018 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, Police Captain Greg Weber, Fire Chief George Esbensen, Public Works Director Robert Ellis, City Planner Julie Klima, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Jan Curielli Workshop-Heritage Room II I. COMMISSION WORK PLANS A. CONSERVATION COMMISSION Beth Novak-Krebs, Staff Liaison for the Conservation Commission, reviewed the accomplishments of the Conservation Commission in 2017. The Commission was expanded to nine members which provided an opportunity to pair up in smaller groups to work on each of the four sustainability focus areas corresponding to each of their particular area of expertise. The Commission also has four Student Commission members this year. The Commission participated in several events during the year, including the Chamber of Commerce Home and Garden Expo, Arbor Day and Green Fair, and the Eden Prairie Open House. Commission members have participated in other groups, including the Energy Action Plan, and the Aspire 2040 focus group. In 2017 the Commission gave out the Sustainable Eden Prairie awards for the first time. The Commission members designed a self- guided tour of sites with sustainable features around the City. Novak-Krebs said in 2018 the Commission will help implement the Partners in Energy Plan and will review the Aspire 2040 plan. The Commission plans to develop a"Beginner's Guide to Sustainable Eden Prairie" class for each of the four focus areas. They would like to start a program for individuals to adopt a storm drain and will work with the Communications Department to explore avenues for outreach. She said the Commission completed their Pollinator display graphic in 2017 and are working on the Energy graphic this year. They provided articles and input for City-wide media. The Commission has partnered with several groups, including the Wild Ones, the Minnesota Bee Squad and University of Minnesota Turf Research, and will continue to learn from experts in the area of sustainability. In 2017 they toured the Nine-Mile Creek Watershed District's Discovery Point offices as well as the City's renovated Outdoor Center. They plan to have a tour of the recycling facilities in 2018 and will tour several City Council Workshop Minutes January 16, 2018 Page 2 City parks and facilities that have sustainable features. She noted at each meeting one Commission member gives a presentation on a topic area for the benefit of the Student Commission members. Tyra-Lukens commented it seems natural the Conservation Commission would meet with other commissions, such as the Planning Commission, and asked if they have started to do that. Novak-Krebs replied they have met with Parks & Recreation, and they would like to meet with others as they fit into the schedule. Nelson asked if it would be possible for them to film the speakers that present to the Commission. Novak-Krebs said that was a great idea. Case asked if it would be good for the Conservation and Parks, Recreation and Natural Resources Commission to weigh in on watershed district issues to provide expertise and feedback to the City Council. Getschow said a lot of the Council discussions so far have dealt with rules and policies; however, he thought the Commission could weigh in on the idea of how policies would fit into the resources. Some of the concepts could be taken to the Conservation Commission and others. Case said he thought it would be good to have the Commission's advice on concepts in addition to the advice the Council receives from the watershed districts and City staff. Aho thought the Planning Commission could have a role in that discussion as well. B. FLYING CLOUD AIRPORT ADVISORY COMMISSION Bob Barker, Vice Chair, and Fire Chief Esbensen, Staff Liaison, gave a presentation of the Flying Cloud Airport Advisory Commission's (FCAAC) accomplishments and goals. Barker reviewed the Commission's charter which includes such items as monitoring the Final Agreement with MAC and advising the City and MAC with regard to matters affecting the operation of Flying Cloud Airport (FCM) and working with the City and MAC to reduce nighttime noise and to improve the appearance of the airport. In 2017 the Commission was advised on operational changes at the airport, including hangar construction in the south area, reconstruction of taxi lanes and efforts to reduce runway incursions. The Commission encourages MAC to reach out to the households filing the most noise complaints to understand why certain operations generate complaints and to educate people on what is and isn't considered normal. They continue to engage with constituent groups at the meetings such as when MnDOT representatives gave an update on UAS (drone) operations and when discussions were held with a resident about specific noise issues and possible solutions. The FCAAC also monitors developments in aviation regulations Barker reviewed the Commission's 2017 accomplishments towards specific goals, such as reviewing the revised pilot guide and monitoring the new public viewing area at the airport completed in October. In 2018 the Commission plans to continue to monitor developments in regulations regarding UAS; monitor and evaluate the impact of the Super Bowl traffic on the airport and Eden Prairie residents; visit the airport to meet with airport staff and businesses to learn their City Council Workshop Minutes January 16, 2018 Page 3 concerns and ideas regarding noise from operations; provide comparisons of noise complaints and airport operations for the Council; and monitor progress of the Joint Airport Zoning Board(JAZB) in developing a new airport zoning ordinance. He reviewed the map showing noise complaints and operations at the airport in 2017. Aho asked if there is any way to estimate how many aircraft will be coming to the airport for the Super Bowl. Esbensen replied at peak time there will be a total of 30 slots per hour for the airport, split between arrivals and departures. Barker said they are devoting one of the runways to park aircraft during the event. Esbensen said they expect 400 flights in and out at the peak, and there will be 200 aircraft parked at the airport during the event. Nelson asked about security around the airport during the event. Esbensen replied the City will have staff assigned and will have special equipment available. Tyra-Lukens asked about deicing operations. Barker responded FCM does not normally have deicing available,but for this event they will set up deicing stations at each end of the runway. Tyra-Lukens asked where they will get the deicing stations. Barker said an outside vendor will provide the services. Airport staff also consulted with the MPCA about the recovery of the used deicing materials. Case commented MAC believes this will be the most impactful experience ever for the airport. He also believed 2018 will be an active year at the airport. He has heard the airport businesses may want to revisit Ordinance 97. He thanked the Commission for being there as we go through what could be a difficult year and noted the Council will be leaning on the Commission for expertise and feedback. Barker responded the Commission enjoys a good working relationship with MAC, and he believed the Commission can leverage those relationships. Tyra-Lukens noted Chief Esbensen mentioned jets dropping people off for the Super Bowl and asked how many flights of that type might occur. Barker replied we don't know the specific number. There are a lot of business aircraft that come and go from the airport as well as personal aircraft. Tyra-Lukens said she was curious about the drop in operations since 1990. Barker replied a drop in pilot training could be a big piece of those statistics. Butcher Wickstrom commented the Council has been so confident about the function of the FCAAC and its approach using civil discourse since 2002. She was very pleased with how the Commission has performed. C. HUMAN RIGHTS AND DIVERSITY COMMISSION Greg Leeper, Vice Chair of the Commission, distributed copies of the Human Rights and Diversity Commission's (HRDC) 2018 work plan. He reported the Commission has been very active this year and their size expanded from seven to nine members, with six student members. He gave a presentation that reviewed their accomplishments in 2017 including partnering for special events with groups City Council Workshop Minutes January 16, 2018 Page 4 such as Eden Prairie Reads, Grace Church, Prairie Meadows Apartments and PROP. They reviewed applications for the 2017 Human Rights Awards and selected the winners of those awards. The Commission spends 20 minutes at each meeting to hear topical presentations from City staff and community organizations to learn about concerns and to look for partnerships in the community. Leeper reviewed the 2018 goals for the Commission: to elevate the visibility of the HRDC, increase listening avenues within the community, and enlist the cooperation of the community. In 2018 they plan to have several monthly awareness campaigns to draw attention to such concerns as human trafficking, Black History month, and native American awareness. They will encourage distribution of the City's welcome packet to residents of apartments who do not now receive the information. They will be working with Police Captain Weber for a"Coffee with a Cop" event,probably in April. In addition, they will be planning a special recognition of the 25th anniversary of the Eden Prairie Manifesto and will work with Parks &Recreation to plan for and to hold an International Festival. Aho asked if the Commission has made a conscious effort to reach out to the churches in Eden Prairie. He noted there is a feeling the churches want to help but don't know where to focus their efforts. He believed the Commission would be the perfect catalyst to help. Leeper said they have worked with Grace Church for the Human Trafficking event. The Commission also works with the PROP Shop which is connected to the churches. Tyra-Lukens noted Grace Church came to us about partnering, and she thought that could go both ways. Aho said churches have reached out to him and asked him where they could help. He thought it would be good for the Commission and the churches to work together. Case said both Pax Christi and Emmanuel Lutheran are working on social justice concerns, and the Commission could help facilitate those efforts. Nelson suggested something might be done with the concerns about cutting back on opioid usage. She noted she enjoyed the international forum on issues and would like to see that done at least every other year because she gained quite a bit from that event. Getschow said it might be good to do the "Coffee with the Council" again. Butcher Wickstrom thought celebrating the 25th year of the Eden Prairie Manifesto is fantastic. She believed Mayor Harris would have been very pleased to know we are still going strong with that. We need to celebrate the event but also talk about where we go from here. Tyra-Lukens said she was invited to attend an event at a mosque in the Opus area where the audience was about 80% Eden Prairie residents even though it was located in Minnetonka. One young man talked about how important it is for their community to know the local police officers. She thought something that focuses City Council Workshop Minutes January 16, 2018 Page 5 on relationships between high school students and police officers would be good. Leeper said that has been part of the Commission's discussions with Captain Weber. D. HERITAGE PRESERVATION COMMISSION Steve Olson, Chair of the Heritage Preservation Commission, and Lori Creamer, Staff Liaison, reviewed the Commission's accomplishments in 2017. Olson said they received three legacy grants and have raised $2200 to date from the street sign fundraiser which will be used for future preservation work. Jim Clark received the 3rd annual Preservation Award, and the Commission did two project reviews. The Commission worked on the inventory of historic properties and received a roster of archeological sites from the Historical Society. After receiving the roster of sites, the Commission discussed what they should be doing with that information. As a result of that discussion, representatives of the Mdewakanton Sioux community visited one of the Commission meetings. The Commission wants to continue to build a relationship with the tribe and plans to tour the tribe's new museum later this year. Case said he was pleased to hear of the relationship with the tribal community and asked if they have recognized their ties to the Eden Prairie clan. Olson replied there were discussions of origin stories and some tobacco stories. Olson said there will be a presentation later in the meeting tonight about the archeological finds at the CSAH 61-Flying Cloud Drive improvement site. Olson reviewed their 2018 work plan and said they will continue to interact on the Aspire 2040 plan,pursue a grant for work on the upstairs of the Cummins-Grill house, assist Eden Prairie High School with a legacy grant project, work with a consultant on interpretative signs at Lake Riley, continue the efforts to nominate the Smith Douglas More House to the National Register, and several other activities. Nelson asked if placing the Smith Douglas More House on the National Register would impact its continued use as a coffee house. Olson replied it should actually enhance the ability to garner grants. Butcher Wickstrom commented the facility has been approved for adaptive use. She said the important things would be any heritage trees and plantings that were done earlier in the history of the house. Butcher Wickstrom asked if the Commission has ever applied for a National Trust Grant. Creamer said they have not. Butcher Wickstrom noted the trust grants offer more money, although they are tough to get. It might be possible for Eden Prairie to get one because of all the historic sites we have. E. PARKS,RECREATION AND NATURAL RESOURCES COMMISSION Larry Link, Chair of the Parks, Recreation and Natural Resources Commission, reviewed the Commission's accomplishments for 2017 which included reviewing City Council Workshop Minutes January 16, 2018 Page 6 Community Center use to evolve their programs and to balance public and rental time; recognizing those who make donations; reviewing and providing input for the multi-year renovation of Riley Lake Park; providing input for the wayfinding and master plans of the Outdoor Center; working with the Conservation Commission on projects such as native plantings and pollinator-friendly plants; encouraging student member's involvement with the Commission; providing input for programming and design of the dryland training area in the Community Center; reviewing the use of the City's rental properties; and providing input on art and culture with the Eden Prairie Players, Staring Lake musicals and other projects. He noted the Commission holds their meetings at various facilities around the City, including the Community Center, the Outdoor Center, the Art Center, the Senior Center and the Maintenance Facilities. Link said the Commission plans to have joint meetings in 2018 with the Conservation and Heritage Preservation Commissions. They will encourage input from community residents and will advise staff on the public art and plaza for the Southwest Light Rail Transit project. They will review bike and pedestrian paths and hold the grand openings of renovated Riley Lake Park and the new Cedar Hills Park. Case said he has received concerns that the dog park is closed in winter when it is used for cross country skiing. He asked if there was a way to separate the two functions so the dog park could remain open in winter. Lotthammer said staff has been taking some counts this winter and plans to come back in the spring to see if there could be a compromise. Aho noted people are continuing to use it as a dog park. Tyra-Lukens said she has heard that part of the Hennepin County bike trail is falling apart. Lotthammer replied there was a washout on part of the trail. The trail is under the jurisdiction of the Three Rivers Park District, and they are waiting for the federal government to take action. F. PLANNING COMMISSION Andrew Pieper, Chair of the Planning Commission, and Julie Klima, Staff Liaison, reviewed the Commission's accomplishments in 2017. The Commission reviewed 14 development parcels, considered two variance applications, and approved eight code amendments. In addition, they had good discussion about such topics as storage facilities and participated in the kickoff of the Aspire Eden Prairie 2040 project. He reviewed some of the larger development projects, including the Prairie Bluffs Senior Living project, Elevate at Southwest Station, and the Scheels project at Eden Prairie Center. In 2018 the Planning Commission will continue to act in its statutory capacity and will coordinate with other commissions. They plan to focus on Aspire 2040 and will continue to review development proposals that come in. Aho said the Commission members do a great job and noted it is difficult to review the big projects that come through. City Council Workshop Minutes January 16, 2018 Page 7 Open Podium - Council Chamber III. OPEN PODIUM IV. ADJOURNMENT ITEM NO. VI. B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,JANUARY 16, 2018 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, City Planner Julie Klima, 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 p.m. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. EDEN PRAIRIE EAGLES FOOTBALL DAY PROCLAMATION Tyra-Lukens said the Eden Prairie Eagles Football team has an amazing tradition of excellence, and the Council felt it was important to recognize the group this year after they won their 11th State championship. She read a proclamation proclaiming January 16, 2018, as Eden Prairie Eagles Football Day. Coach Mike Grant, Principal McCartan and two of the football team captains accepted the proclamation from Mayor Tyra-Lukens. Coach Grant said the team is an outstanding group of kids, and he appreciated this recognition by the City. B. CSAH HWY 61 —FLYING CLOUD DRIVE FINDINGS AND INTERPRETIVE PLAN by Hennepin County/106 Group Lori Creamer, Staff Liaison for the Heritage Preservation Commission, said the Council had requested a presentation about the artifacts found during the CSAH Hwy 61-Flying Cloud Drive road project. She introduced Jason Stabell, Senior Project Manager-Design CITY COUNCIL MINUTES January 16, 2018 Page 2 for Hennepin County, and Steve Boyd-Smith, Creative Director with 106 Group. Mr. Stabell gave a PowerPoint presentation on the 3.7 mile CSAH 61 reconstruction project which added a center left turn lane, a pedestrian/bike pathway, and retaining walls on the north side. He said the 106 Group helped with the archeological studies and digs for the project. Mr. Boyd-Smith said his company is a cultural resources company made up of archeologists and cultural historians. He reviewed the phases of the archeological digs which revealed nine sites, 5000 artifacts, and 19 features such as fire pits and post holes. The evidence showed the continuous presence of indigenous people over at least 1300 years. The mitigation efforts required for the project include the preservation of artifacts, the publication of finds, and conveying the information to the public. They plan to build a series of interpretative signs around the display site, which will be located near the parking lot for the Richard T. Anderson Conservation area. Tyra-Lukens asked about the depth at which the artifacts were found. Mr. Boyd-Smith replied the pits in Phase I were one meter deep. Butcher Wickstrom said she was impressed by the size of the artifacts and noted we have been able to collect a lot of information about the past. She asked how they plan to add this information to the overall story. Mr. Boyd-Smith said there has been consultation with the Dakota tribes about this project, and they are suggesting the same thing. Butcher Wickstrom noted it would be nice to be able to share the bigger story. Case said he was glad to hear indigenous representatives are eager to have their story presented. He asked who officially owns the artifacts. Mr. Boyd-Smith said they go to the State archives. Case said it would be great to have our own display of the artifacts for a certain time. He commented this is probably one of the larger caches that has been discovered. Aho suggested putting them in our museum. Case suggested we might want to have some cases up on this level to display these artifacts as well as some of the other museum items. Tyra-Lukens thanked them for the presentation. C. ADOPT RESOLUTION NO. 2018-19 ACCEPTING DONATION OF $5,000 FROM EDEN PRAIRIE SMILES FOR PARKS AND RECREATION SPECIAL EVENTS Lotthammer said we have received a $5,000 donation from Eden Prairie Smiles for several Parks and Recreation special events. He thanked Dr. Mesa for the donation and noted he was present at tonight's meeting. MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2018-19 CITY COUNCIL MINUTES January 16, 2018 Page 3 accepting the donation from Eden Prairie Smiles for$5,000 for Parks and Recreation special events. Motion carried 5-0. D. ADOPT RESOLUTION NO. 2018-20 ACCEPTING DONATION OF $2,300 FROM LIONS TAP FOR PARKS AND RECREATION SPECIAL EVENTS Lotthammer said Lions Tap has donated$2,300 for Parks and Recreation special events. MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution No. 2018-20 accepting the donation from Lions Tap in the amount of$2,300 for Parks and Recreation special events. Motion carried 5-0. E. ADOPT RESOLUTION NO. 2018-21 ACCEPTING DONATION OF $750 FROM EDEN PRAIRIE LIONESS CLUB TOWARD PIONEER PARK ENHANCEMENTS Lotthammer said the Lioness Club has donated$750 for game areas in Pioneer Park near the Senior Center. MOTION: Aho moved, seconded by Case, to adopt Resolution No. 2018-21 accepting the donation from the Eden Prairie Lioness Club in the amount of$750 toward Pioneer Park enhancements. Motion carried 5-0. F. ADOPT RESOLUTION NO. 2018-22 ACCEPTING DONATION OF $600 FROM SCHOOL OF ROCK FOR WINTER BLAST AND KIDSTOCK Lotthammer said the School of Rock donated$600 for the Winter Blast and the KidStock events. MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2018-22 accepting the donation of$600 from School of Rock to go towards the Winter Blast event and KidStock. Motion carried 5-0. G. ADOPT RESOLUTION NO. 2018-23 ACCEPTING DONATION OF $500 FROM EDEN PRAIRIE LIONS CLUB FOR WOODSHOP TRAINING AND EQUIPMENT AT EDEN PRAIRIE SENIOR CENTER Lotthammer said the Lions Club donated $500 for woodshop training and equipment at the Eden Prairie Senior Center. MOTION: Nelson moved, seconded by Aho, to adopt Resolution No. 2018-23 accepting the donation of$500 from Eden Prairie Lions Club for woodshop training and equipment at the Eden Prairie Senior Center. Motion carried 5-0. CITY COUNCIL MINUTES January 16, 2018 Page 4 H. ADOPT RESOLUTION NO. 2018-24 ACCEPTING DONATION OF $400 FROM EDEN PRAIRIE LIONS CLUB FOR STARING LAKE OUTDOOR CENTER PROGRAMS Lotthammer said the Lions Club donated $400 to purchase a portable puppet stage for the programs at the Staring Lake Outdoor Center. He said the stage can be collapsed and taken to other events. MOTION: Butcher Wickstrom moved, seconded by Case, to adopt Resolution No. 2018-24 accepting the donation of$400 from Eden Prairie Lions Club for the Staring Lake Outdoor Center programs. Motion carried 5-0. I. ADOPT RESOLUTION NO. 2018-25 ACCEPTING DONATION OF $250 FROM DENTISTS OF EDEN PRAIRIE FOR WINTER BLAST EVENT Lotthammer said the Dentists of Eden Prairie donated$250 for the Winter Blast event. MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2018-25 accepting the donation of$250 from Dentists of Eden Prairie for the Winter Blast event. Motion carried 5-0. J. DR. MARTIN LUTHER KING,JR. PROCLAMATION Sana Elassar, Chair of the Human Rights and Diversity Commission, announced the opening of the application process for the 2018 Human Rights Award. She explained the goal of the award is to recognize individuals, non-profits,businesses and youth who are instrumental in promoting human rights in the Eden Prairie. Mayor Tyra-Lukens read a proclamation proclaiming 2018 as a year to celebrate human rights and diversity and to recognize and celebrate Dr. Martin Luther King, Jr.'s dream. She asked residents of Eden Prairie to consider making recommendations for the award. K. SUSTAINABLE EDEN PRAIRIE—ENERGY ACTION PLAN Marisa Bayer, Community Development Coordinator, gave a PowerPoint presentation on the Energy Action Plan which is part of the Sustainable Eden Prairie initiative. She said the Energy Action Plan is part of a collaborative effort between Xcel Energy and cities to develop and implement the plan. She reviewed the vision and guiding principles of the plan which prioritizes three focus areas to promote electricity and natural gas conservation residential energy, large commercial and industrial buildings, and public, nonprofit and service organizations. Beth Novak-Krebs, Senior Planner, reviewed the implementation strategies for the Energy Action Plan. She noted they conducted a survey of residential users and received over 400 responses regarding how they felt about energy and how they used it. CITY COUNCIL MINUTES January 16, 2018 Page 5 She said their plans for promotion to residential users include new marketing material to include in the City's welcome packets and budgeting $10,000 to reduce the cost of the Home Energy Squad enhanced visits to $50 from $100 for 200 users. They updated the website for large commercial/industrial buildings to be a resource guide for financing and rebate opportunities and are hiring an intern to support business outreach and engagement. For public, non-profit and service organizations they are planning such strategies as creating case studies for the School District and the Margaret A. Cargill Philanthropies to show what others can do and are looking at solar strategies for City buildings and off site solar gardens. Bayer added they are looking ahead to plan a City-wide energy challenge. Tyra-Lukens asked if their plans included promoting energy audits at the Chamber of Commerce Expo event and if they will get the 200 reduced rate home visits scheduled by then. Bayer replied they have 46 visits scheduled already and have not started to advertise yet. Tyra-Lukens reviewed the actions that were taken during an energy audit she had at her home the other day. She noted it is a great bargain and highly recommended people sign up to have it done. Nelson thanked Ms Bayer and Ms Novak-Krebs for making sure the City continues with the original energy program. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Nelson moved, seconded by Case, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,JANUARY 2, 2018 MOTION: Aho moved, seconded by Case, to approve the minutes of the City Council workshop held Tuesday, January 2, 2018. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 2, 2018 MOTION: Nelson moved, seconded by Case, to approve the minutes of the City Council meeting held Tuesday, January 2, 2018. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LIST B. ADOPT RESOLUTION NO. 2018-26 OF SUPPORT FOR HIGHWAY 169 MOBILITY STUDY RECOMMENDATION CITY COUNCIL MINUTES January 16, 2018 Page 6 C. ADOPT RESOLUTION NO. 2018-27 AUTHORIZING SALE OF REAL PROPERTY ACQUIRED THROUGH FORFEITURE AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SUCH DOCUMENTS AS NECESSARY D. APPROVE TOD GRANT AGREEMENT, TOD LOAN AGREEMENT,AND A DISBURSEMENT AGREEMENT FOR ELEVATE AT SOUTHWEST STATION E. APPROVE FOURTH AMENDMENT TO SUPERVALU LEASE F. AWARD CONTRACT FOR CONDENSER REPLACEMENT AT COMMUNITY CENTER TO COMMERCIAL REFRIGERATION SYSTEMS, INC. G. RECEIVE 2017 PAY EQUITY REPORT AND APPROVE SUBMITTAL TO THE STATE MOTION: Case moved, seconded by Butcher Wickstrom, to approve Items A-G on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. SOUTHVIEW OF EDEN PRAIRIE by Southview Senior Communities. Adopt Resolution 2018-28 amending the Guide Plan from Regional Commercial to High Density Residential on 2.58 acres and amending the Comprehensive Plan text to include a land use category allowing over 40 dwelling units per acre; Adopt Resolution 2018-29 for PUD Concept Review on 2.58 Acres; First Reading of the Ordinance for Planned Unit Development District Review with waivers and a Zoning District change from Rural to RM-2.5 on 2.58 acres. (Resolution No. 2018-28 for Guide Plan Change; Resolution No. 2018-29 for PUD Concept Review with waivers and Zoning District Change; Ordinance for PUD District Review with waivers and Zoning District Change) Getschow said the proposed project includes a 5-story 116-unit senior residence in the southwest corner of the intersection of Prairie Center Drive and Franlo Road. The building includes independent, assisted living and memory care units. The proposed building faces Franlo Road. There will be underground parking and some surface parking on the east and south sides of the building. The proposal includes a number of indoor and outdoor amenities for the residents such as a theater, fitness center, a library, a salon, a patio area, an outdoor seating area, and a water feature. Mindy Michael, representing Kaas Wilson Architects, gave a PowerPoint presentation of the project. She reviewed the need for senior living facilities throughout the Twin Cities area. She said Southview Senior Living owns and operates 11 buildings in the Twin Cities metro area and is interested in sustainability and operation of the buildings for the long term. They hosted neighborhood meetings CITY COUNCIL MINUTES January 16, 2018 Page 7 and worked with City staff on the right-of-way for Medcom Boulevard and other staff concerns. She reviewed the site plan for the project, details of the building materials planned, and the strategies to optimize sustainable energy efficiencies. She noted this is a challenging site, so they are asking for waivers for the increase in density, setback encroachments on the southwest corner and the inside corner of the building, parking encroachment,parking numbers and dimensions, a height waiver, and the tree replacement and open space requirements. She said the parking requirements are difficult because there is no zone category addressing senior housing. In addition, she noted many of the existing trees are ash. Tyra-Lukens appreciated the expansion Ms Michael gave on the sustainable characteristics in her report and noted she would love to see a charging station included. Ms Michael said they have talked about adding that. Nelson asked if all the units are rental. Ms Michael said they are. Nelson then asked if they will provide a bus service for residents. Ms Michael said similar projects have had that. Nelson noted she was happy to see the landscaping plan included a diversity of plants that will blooming spring through fall. Butcher Wickstrom asked why there was no connection at the southwest portion to allow pedestrian access since that area is so close to amenities such as health care. She commented we are trying to encourage people to get out and walk or bike, but she was not sure if it is possible in that area. Ms Michael said that is quite a steep grade and would have required stairs. Case noted he walked the property and was happy that staff had worked with the proponent to slide the project to the south. He asked if there are any plans for a walking trail in the road right-of-way there that would connect to the neighborhoods and provide access to the medical facilities. Ellis replied that would come with the grading for Medcom Boulevard when there would be a big impact on the trees. The developer might be able to come forward with some kind of path now, but it would be quite expensive. Case said he would be okay with not doing it now, but he hoped it would be possible to connect to other areas at some point. Case asked if the area for the planned Med Com Boulevard will be graded. The parking on the north side of the property takes some very large trees, and he would like to see some of those trees remain. Ms Michael said there are heritage trees in the area, and they will save some of those. Case asked if the 12 units of affordable housing would be done with the elderly waiver. Ms Michael replied it would. Case asked if the elderly waiver includes certain levels of subsidy and what is done over the years as people's levels of assets change. A representative of Southview Senior Living said the County or State determines what individuals who qualify for elderly waivers would pay, and they will take up to 12 individuals who qualify right away. After that they would take other residents who qualify as the units become available. CITY COUNCIL MINUTES January 16, 2018 Page 8 Aho asked about the mix of memory care to other types of units. Ms Michael said there will be 32 memory care units and 44 assisted living units, with the rest independent living. Aho commented it is a nice project. Terry Brown, 11896 Germaine Terrace, said he lives in the condo building adjacent to the project on Franlo Road. He thought the project would be compatible with his building, but he had some concerns. He believed some aspects of the project were inconsistent with the City's land use objectives. This is a heavily wooded natural land site with over 150 trees, including some heritage trees, and this project conflicts with the City's land use plans. The current project and Medcom Boulevard will eliminate the last remaining wooded area in the Major Center Area. He believed this project, and especially the Medcom Boulevard extension, would violate all the stated land use objectives. Peter Westerhaus, representing the owner of the two project parcels, said he owns a business in Eden Prairie and was here to speak in favor of the development. Southview has an excellent reputation and is the tenth developer they have worked with on this property. He said the biggest challenge for the site is the variable of Medcom Boulevard which was drawn in over 40 years ago. He asked why the City wants Medcom Boulevard and why Medcom Boulevard right-of-way was required for this project without hard evidence of need. He asked the City to not require Medcom Boulevard as right-of-way for this project and to use it for a pedestrian/bike path instead. MOTION: Aho moved, seconded by Nelson, to close the public hearing. Motion carried 5-0. Case said he also struggled with many of the feelings expressed by both speakers tonight. He walked the property and had a sense it was clearly high density residential property so anything going in there will take out trees. He had serious questions about the need for the Medcom Boulevard right-of-way, but would defer to the fact that staff and the developer came to agreement. He was happy with what has been negotiated. He thought this is a really good project for this small parcel,but was saddened by the tree loss. Ellis said we have talked about the right-of-way for Medcom Boulevard for decades. The City wants to preserve the opportunity for access provided by the right-of-way and to preserve the opportunity for an alternative that might arise from redevelopment in the area. MOTION: Butcher Wickstrom moved, seconded by Case, to adopt Resolution No. 2018-28 amending the Guide Plan from Regional Commercial to High Density Residential on 2.58 acres and amending the Comprehensive Plan text to include a land use category allowing over 40 dwelling units per acre; to adopt Resolution 2018- 29 for a Planned Unit Development concept review on 2.58 acres; to approve the first CITY COUNCIL MINUTES January 16, 2018 Page 9 reading of the ordinance for Planned Unit Development District review with waivers and a Zoning District change from Rural to RM-2.5 on 2.58 acres; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Getschow said the charging station and the additional conditions included in the staff report would be included in the agreement. The entire revised proposal will come back to the Council at second reading. VOTE ON THE MOTION: Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Case, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho,Butcher Wickstrom, Case,Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS Getschow announced the next City Council meeting will be changed to Monday, February 5, 2018. CITY COUNCIL MINUTES January 16, 2018 Page 10 XVI. ADJOURNMENT MOTION: Case moved, seconded by Aho,to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:23 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 5, 2018 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: Eden Prairie Lions Club Event: Schooner Days Date: June 1-3, 2018 Place: Round Lake Park& EP Community Center Parking Lot 16691 & 16700 Valley View Road Temporary Liquor Organization: Eden Prairie Lions Club Event: Hometown Celebration Date: July 3-4, 2018 Place: Round Lake Park 16691 Valley View Road Temporary Liquor Organization: Eden Prairie Lions Club Event: Corn Feed Date: August 4, 2018 Place: Round Lake Park 16691 Valley View Road - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar 02/05/2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Scheels VIII.B. Janet Jeremiah/Julie Klima Requested Action Move to: • Approve 2nd Reading of the Ordinance for Planned Unit Development District Review on approximately 20 acres; and • Approve Resolution for Site Plan Review on approximately 20 acres; and • Approve the Development Agreement for Scheels. Synopsis This is final approval of the Development Agreement and plans for the construction of a 248,000 square foot two level store and associated parking lot improvements at the former Sears site located at 8301 Flying Cloud Drive The 120-Day Review Period Expires on February 12, 2018. Background At the time of City Council packet preparation, discussions were continuing on the details of the Development Agreement. Attached for reference is the most recent draft of the Development Agreement prepared by the City for review by the Developer. In the event that revisions occur prior to signature of the Development Agreement, these revisions will be identified for the City Council. Attachments • Ordinance for PUD District Review • Summary Ordinance • Resolution for Site Plan Review • Draft Development Agreement SCHEELS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 4-2018-PUD-1-2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be amended within the Commercial-Regional-Services Zoning District 4-2018-PUD-1-2018 (hereinafter "PUD-1- 201 8-Com-Reg-S er). Section 3. The City Council hereby makes the following findings: A. PUD-1-2018- Com-Reg-Ser is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-1-2018- Com-Reg-Ser is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-1-2018- Com-Reg-Ser are justified by the design of the development described therein. D. PUD-1-2018- Com-Reg-Ser is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of February, 2018, entered into between CAPREF Eden Prairie South LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-1-2018- Com-Reg-Ser, and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Commercial Regional Services District and shall be included hereafter in the Planned Unit Development 1-2018- Com-Reg-Ser, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 12th day of December, 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 5th day of February, 2018. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2018. EXHIBIT A PUD Legal Description — Lot 4, Block 1, Eden Prairie Center Addition and that part of Lot 1, Block 1, Eden Prairie Center loth Addition as identified as "Portion of Lot 1, Block 1, Eden Prairie Center loth Addition Subject to Scheels Development Agreement" and shown with hatch marks in the sketch attached to this Exhibit A. \.,,,\_____:, <i </ fi + 4{{yyJJ}} tf rr. if S IlL\Ili. fr (f f 46 y / N. AN , -. L G T ]. BLOCK P I + .w� EDFH PFk4 rRlE ii.../N T CFN]FR -rQ fly i ''`. y N.,... „. / / .... , ...... 4 N/ %) r ''N/ III 7NiYN ORTION OF LOT 1,BLOCK 1 ++ EDEN PRAIRE'CENTER 10TH ' }; r ADDITION SUBJECT TO r I SC HEELS DEVELOPMENT r lr AGREEMENT `� k +F r [I r L J { 8t Oh' t • EZTN Yf+A fi2rE ) '_y} I CENTER AIDDrT+p,V r f ql 1 / �iI J , tI ri. r i 4 GRAPHIC SCALE IN FEET i .1119.r Ca4lnr a5x ed c 150 5 0 [ Er) • • • la PROPERTY EXHIBIT EX-A EDEN SCHEELS DEVELOPMENT PRAIRIE DATE:12115/2017 SCHEELS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 4-2018-PUD-1-2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,AMENDING THE ZONING OF CERTAIN LAND WITHIN ONE DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows amendment of the zoning of land located at 8301 Flying Cloud Drive within the Commercial-Regional-Services (Com-Reg-Ser) Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2018. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR SCHEELS BYCAPREF EDEN PRAIRIE SOUTH LLC WHEREAS, CAPREF EDEN PRAIRIE SOUTH LLC, has applied for Site Plan approval of Scheels Redevelopment of Sears and Associated Parking Lot Improvements to construct a Scheels store and improvements to the parking lot, by an Ordinance approved by the City Council on February 5, 2018; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its November 13, 2017 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its December 12, 2017 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval is granted to CAPREF EDEN PRAIRIE SOUTH LLC based on the Development Agreement between CAPREF EDEN PRAIRIE SOUTH LLC and SCHEELS and the City of Eden Prairie, reviewed and approved by the City Council on February 5, 2018. ADOPTED by the City Council of the City of Eden Prairie this 5th day of February, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT SCHEELS THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of , 201_, by CAPREF EDEN PRAIRIE SOUTH LLC, a limited liability company ("CAPREF") and SCHEELS ALL SPORTS, INC., a North Dakota corporation ("SCHEELS"), hereinafter collectively referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on acres, Planned Unit Development District Review with waivers on acres, and Site Plan Review on acres, legally described on Exhibit A (the "Property"); NOW, THEREFORE, in consideration of the City adopting Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review with waivers on acres, and Resolution No. for Site Plan Review,Developer agrees to construct,develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated ,reviewed and approved by the City Council on January 16, 2018 (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. NOTICE OF CHANGE IN ANCHOR TENANT: In the event that a lease of any anchor tenant space, defined as having 95,000 square feet or more of space with an exterior entrance and located on the Property, Lot 2, Block 1, Eden Prairie Center Addition, Lot 2, Block 1, Eden Prairie Center 10th Addition or Lot 1, Block 1, Eden Prairie Center loth Addition (hereinafter referred to as Anchor Tenant Space), will be terminated or not renewed, CAPREF shall notify the City's Community Development Director in writing within 10 days of issuing or receiving notice of such lease termination 4. CONSIDERATION OF ALTERNATIVE LAND USES: CAPREF agrees that prior to leasing any Anchor Tenant Space to a replacement tenant for that space, CAPREF will hire an independent expert consultant or team of consultants (the Consultant") approved by 1 Scheels Development Agreement/February 5, 2018 City, which approval will not be unreasonably withheld, to undertake concept planning, market analysis and preliminary financial analysis (hereinafter "Market Study") to determine the feasibility of redeveloping the tenant space and associated parking area for use(s) that shall include: (i) full service hotel or upscale-hybrid limited service hotel with 5000-7500 sf of banquet/meeting space for about 550 people, (ii) a combination of hotel with meeting space and multi-family housing, and (iii) high-density multi-family housing (hereinafter "Redevelopment Uses"). CAPREF shall be solely responsible for all costs associated with the Market Study. The financial analysis shall include whether grants or other financial assistance is necessary for any of the Redevelopment Uses. Further the financial analysis shall identify grants and other financial assistance for which a project to develop any of the Redevelopment Uses may qualify. The Consultant shall provide its opinion as to whether Redevelopment of the Anchor Tenant Space for any of the Redevelopment Uses is feasible. The Market Study may also determine the feasibility or benefit of including other uses compatible with the aforementioned uses such as: (iv) entertainment use(s), (v) retail and/or (vi) office, medical office or other uses compatible with the Redevelopment Uses (hereinafter"Compatible Uses"). CAPREF shall provide a copy of the Market Study to the City for its review, comment and recommendations. The City's Community Development Director shall review the Redevelopment Uses and potential Compatible Uses analyzed by the Market Study and provide advice and guidance to CAPREF regarding the City's Land Use Plans, Policies, Goals and Strategic Plan for Housing and Economic Development for the reuse of the Anchor Tenant Space, including whether the City would consider providing public financing and/or assistance with procuring grants to address financial feasibility relating to such uses. If the Market Study determines that any of the Redevelopment Uses is potentially feasible, with or without Compatible Uses and any financial assistance and/or grants the City is willing to consider or help pursue, CAPREF shall for a period of no less than six months market the Anchor Tenant Space for the Redevelopment Uses and potential Compatible Uses determined potentially feasible by the Consultant, to a third party to develop such use or uses, including any third party recommended by the City. CAPREF shall be solely responsible to submit all necessary applications and redevelopment plans, undertake all review processes as required by the City, and with assistance from the City, apply for any grants and other financial assistance identified by the City and/or the Market Study. The Community Development Director's review,advice, guidance and comments on the feasibility of any potential replacement use and comment on whether the City would consider providing public financing and/or help procuring grants is not a recommendation for City to approve or commit to provide such financial assistance but advisory only. If after the six month period referred to above,no third party entity has responded that it is interested in Redeveloping the Anchor Tenant Space for any of the Redevelopment Uses, CAPREF may proceed with marketing Anchor Tenant Space which was subject to the Market Study to a new tenant including an existing tenant, subject to the existing land use 2 Scheels Development Agreement/February 5, 2018 regulations and ordinances in effect including but not limited to Comprehensive Guide Plan designation, zoning, including applicable Planned Unit Development Ordinance and existing development agreement At all times the City retains its authority to review and approve or deny any redevelopment application brought forward by CAPREF based on City ordinance, the Comprehensive Guide Plan and City policies. 5. 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. 6. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 7. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 8. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information,including wetland boundaries, wetland buffer strips and wetland buffer monument locations; 3 Scheels Development Agreement/February 5, 2018 all Stormwater Facilities,such as water quality ponding areas,stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. 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. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor critical phases of construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan (SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance with the approved final grading plan and SWPPP. Variations from the approved plans should be documented utilizing contractor inspection records and redlines. In addition, a certified SWPPP inspector or designer shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins,retention basins,"Stormwater Infiltration"or"Filtration Systems" (such as rainwater gardens, vegetated swales, infiltration basins, vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) or "Underground Systems" (such as media filters, underground sand filters, underground vaults, sedimentation chambers, underground infiltration systems, pre-manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer during construction and for a minimum of two(2)full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring, and thereafter by the Owner of the Property. Planting and Maintenance Plans for the Stormwater Facilities (where appropriate) to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Development. Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the approved final grading plan and the requirements listed herein. All inspections of 4 Scheels Development Agreement/February 5, 2018 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 or similar perimeter controls 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. Prior to construction of the Stormwater Facilities, Developer shall provide a plan that addresses: (i) construction management practices to assure the Stormwater Facilities will be functional;(ii),erosion control measures;(iii)infiltration/filtration capacity; (iv) performance specifications that the completed Stormwater Facilities must meet to be considered functional by City and (v) corrective actions that will be taken if the Stormwater Facilities do not meet the performance specification. All Stormwater Facilities must be inspected prior to final grading to ensure that the facility is functioning as proposed and to determine if corrective measures are required. Field verification of post-construction filtration rates must be provided to the City within 30 days after the first rainfall event of inch or greater after the Stormwater Filtration Systems become operational. If filtration rates are reduced, a plan to restore functionality must be provided within 90-days of the field verification test. The work required to bring the Stormwater Facility back into compliance shall 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 bringing the filtration system online. C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A Stormwater Maintenance Plan must be provided for operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in perpetuity prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan must identify and protect the design, capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the party(s) responsible for maintenance; access plans; inspection frequency; methods used for field verification of Stormwater Facility performance;routine and non-routine inspection procedures; sweeping frequency for all parking and road surfaces; plans for restoration of reduced Stormwater Facility performance; and plans for replacement of failed systems,all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8. 5 Scheels Development Agreement/February 5, 2018 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 system drawdown. 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 Stormwater Filtration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair filtration of stormwater within the designed drawdown period. • 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 any surface disturbance must be stabilized within one year of the inspection date. After the two year period of maintenance,the Owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. This shall include inspections at a minimum of once per every five years. Regular maintenance shall be conducted and must include regular sweeping of private streets, parking lots or drive aisles at a minimum of once per year; debris and litter removal; removal of noxious and invasive plants; removal of dead and diseased plants; maintenance of approved vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed; and removal of sediment build-up. Areas above Underground Systems shall be kept free of structures that would limit access to the System for inspections, maintenance or replacement. D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit, Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 9. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City 6 Scheels Development Agreement/February 5, 2018 Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 10. LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 895 caliper inches of trees and 6345 plants. The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 150%of the cost of said improvements as required by City Code. The installation of the landscaping shall conform to the approved landscape plan including but not limited to the size, species and location. Any changes, including but not limited to removal and relocation, to the landscaping plan or landscaping installed on the Property shall be reviewed and approved by the City prior to implementing said changes. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 11. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating,and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 12. MEZZANINE AREA: The Plans include mezzanine storage and mechanical areas within 7 Scheels Development Agreement/February 5, 2018 the store to be occupied by SCHEELS. These areas are to be maintained as storage space and not utilized for other uses such as, but not limited to, retail floor area or office space due to impact on increased need for parking that would be created by such uses. 13. 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. 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, and Metropolitan Commission Environmental Services. 14. OUTSIDE STORAGE: Developer shall not permit on the Property any outside storage, outside display of items for sale, outside display of items sold within the store, or outside display and or sales events The Plans include the construction of sidewalk and plaza areas dedicated to pedestrian connectivity and gathering areas. The Plans do not provide any parking stalls in excess of City Code requirements. It is important to maintain the required pedestrian connections, gathering areas and parking areas as shown in the Plans 15. PARKING LOT AND SITE IMPROVEMENTS: Prior to issuance of Certificate of Occupancy, all parking lot and site improvements shown on the Exhibit B plans shall be installed. These improvements include but are not limited to: the parking lot reconfiguration, pedestrian walkways and trails, parking island landscaping, crosswalks, and the pedestrian refuge medians on the Eden Prairie Center Ring Road at Franlo Road and Preserve Blvd. 16. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines. 17. PUBLIC ART: The Exhibit B plans include areas designated for public art and interpretive signs for the native planting area. Developer shall submit to the City for its approval examples of all public art to be installed per the approved plans and a plan that provides for public comment prior to City approval and Developer selection. Public art and the interpretive signs shall be installed prior to issuance of Certificate of Occupancy. 18. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Regional Commercial (C-REG) District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD-1-2018: 1. Building Height. Building height of 66 feet 11 inches as shown on the Plans. City Code requires a maximum building height of 40 feet. 8 Scheels Development Agreement/February 5, 2018 2. Signage. Signage of 377 square feet on the southwest façade. Signage of 300 square feet on the northwest façade and 214 square feet on the southeast facade. City Code requires a maximum of 300 square feet of signage per wall. 3. Lighting. Light pole height at 44 feet above grade and located outside of parking islands as depicted in the Plans. City Code requires light pole height to not exceed 25 feet and that light poles shall be located within parking islands in parking areas. 4. Landscaping Island Spacing. Landscaping islands shall be located within the parking areas in sizes and locations as depicted in the Plans. City Code requires that landscaping islands, with a minimum size of 160 square feet, be located every 20 spaces within parking areas and at the end of drive aisles. 5. Parking Stall Length. Parking stall length of 18 feet as depicted in the Striping and Signage Plan Area 2 stamp dated received by the City on October 16, 2017. City Code requires parking stalls to be 19 feet in length. 19. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on 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. 20. SALT AND SNOW STORAGE: Salt storage is not allowed on site. Snow storage shall not be provided within parking areas that abut the Eden Prairie Center ring road and have residential uses adjacent to Prairie Center Drive. If the site does not provide adequate snow storage area, snow shall be removed from the site by the Developer. 21. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign, consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 22. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City 9 Scheels Development Agreement/February 5, 2018 Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All pole lighting shall consist of downcast cut-off fixtures at heights and locations consistent with the Plans and as specified in this Agreement. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 23. SITE AMENITIES PLAN AND CONSTRUCTION DETAILS: Prior to building permit issuance for the Property, Developer shall submit to the City Planner and obtain the City Planner's written approval of a Site Amenities Plan, including construction details, for the Property consistent with the Exhibit B Plans. The Site Amenities Plan shall include, but not be limited to the following: decorative sidewalks and plazas;pedestrian gathering areas along the northwest façade;planter boxes; decorative lighting; benches; decorative planters; building lighting;. The quality of all amenities to be installed and or constructed by Developer's tenants shall be equal to or greater than what is required by the Plans 24. PRESERVE BOULEVARD IMPROVEMENTS: Developer agrees to convey the permanent and temporary easements necessary for constructing the Preserve Boulevard Improvement to the City at no cost to the City. The required permanent and temporary easements are shown in Exhibit D. The Developer shall provide recordable permanent easement documents and temporary easement documents as required by April 30, 2018. [Discussion] 25. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building enclosures depicted on the Plans. 26. PARK DEDICATION FEES: 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. The cash park fee for 2018 is $11,500 per acre. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. 10 Scheels Development Agreement/February 5, 2018 CITY OF EDEN PRAIRIE By Nancy Tyra-Lukens Its Mayor By Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2018 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 11 Scheels Development Agreement/February 5, 2018 CAPREF EDEN PRAIRIE SOUTH LLC By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2018,by , the , of CAPREF EDEN PRAIRIE SOUTH LLC, a Delaware limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 12 Scheels Development Agreement/February 5, 2018 SCHEELS ALL SPORTS,INC. By Its STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2018, by , the , of SCHEELS ALL SPORTS, INC., a North Dakota corporation, on behalf of the corporation. Notary Public 13 Scheels Development Agreement/February 5, 2018 EXHIBIT A DEVELOPMENT AGREEMENT—SCHEELS Legal Description Lot 4, Block 1, Eden Prairie Center Addition and that part of Lot 1, Block 1, Eden Prairie Center loth Addition as identified as "Portion of Lot 1, Block 1, Eden Prairie Center loth Addition Subject to Scheels Development Agreement"and shown with hatch marks in the sketch attached to this Exhibit A. 14 Scheels Development Agreement/February 5, 2018 I - i I . --:3 . . • + ' r r II :.2> 3 f / . / _O r (\- ....' / _- I -'-—'------'-.—'--12 IF LOT i , BLOCK' 1 ... EDEN PRhfR,E A D Lg.,7:0 74 Ni. . t '....... \'‘,. .\\ F-1--•-'.-1.-.Q.:‘,... \ r . PORTION OF LOT 1.BLOCK 1 �i f EDEN PRAIRIE'CENTER 10TH `; f ` ADDITION SUBJECT TO SC HEELS DEVELOPMENT ■rj r I AGREEMENT + k' L<aT {, a a ifTN.I. t EbN YHAfnfE 5. GEfOTER ADD,TJON fr 7.1 I i r. a i r fi („/ ..>\\ , . •e- 2.: i ' / . . . 7''''"---- f �I +o arcav7rM1 n! GRAPHIC SCALE IN FEET N 0 150 300 ¢0Q Er-) . I, , la PROPERTY EXHIBIT -A EDEN SCHEEIS DEVELOPMENT PRAIRIE DATE-12115/2417 15 Scheels Development Agreement/February 5, 2018 EXHIBIT B DEVELOPMENT AGREEMENT—SCHEELS Striping and Signage Plan Area 2 illustrating locations for parking stall depth waivers, stamp dated received October 16, 2017 by LHB and R.L. Engebretson Project Narrative dated 10/16/17 by LHB, Inc. and R.L. Engebretson T Title Sheet dated 10/16/17 by LHB, Inc. and R.L. Engebretson R1.10 Context Map dated 9/8/17 by LHB, Inc. and R.L. Engebretson R2.10 Existing Conditions Survey dated 9/8/17 by LHB, Inc. and R.L. Engebretson R3.10 Construction Limits Exhibit dated 10/16/17 by LHB, Inc. and R.L. Engebretson R4.10 Parking Inventory Exhibit dated 9/8/17 by LHB, Inc. and R.L. Engebretson R5.10 Tree Removals and Landscape Calculations dated 10/16/17 by LHB, Inc. and R.L. Engebretson R6.10 Rendered Site Plan dated 10/16/17 by LHB, Inc. and R.L. Engebretson R6.11 Parking Lot Pavement Area to Curb Island Ratio dated 10/16/17 by LHB, Inc. and R.L. Engebretson C0.01 Notes and Legend dated 9/8/17 by LHB, Inc. and R.L. Engebretson C1.00 Overall Site Index Plan dated 10/16/17 by LHB, Inc. and R.L. Engebretson C2.01 Removals and Erosion Control Plan Area 1 dated 10/16/17 by LHB, Inc. and R.L. Engebretson C2.01S Removals and Erosion Control Plan Area IS dated 9/8/17 by LHB, Inc. and R.L. Engebretson C2.02 Removals and Erosion Control Plan Area 2 dated 10/16/17 by LHB, Inc. and R.L. Engebretson C3.01 Utility Plan Area 1 dated 10/16/17 by LHB, Inc. and R.L. Engebretson C3.01S Utility Plan Area 1 dated 9/8/17 by LHB, Inc. and R.L. Engebretson C3.11 Storm Reuse Tank dated 10/16/17 by LHB, Inc. and R.L. Engebretson C3.12 Storm Water Treatment BMP #1 dated 10/16/17 by LHB, Inc. and R.L. Engebretson C3.13 Storm Water Treatment BMP#2 and#3 dated 10/16/17 by LHB, Inc. and R.L. Engebretson C4.01 Grading Plan Area 1 dated 10/16/17 by LHB, Inc. and R.L. Engebretson C4.01S Grading Plan Area 1 S dated 9/8/17 by LHB, Inc. and R.L. Engebretson C4.02 Grading Plan Area 2 dated 10/16/17 by LHB, Inc. and R.L. Engebretson C5.01 Layout and Surfacing Plan Area 1 dated 10/16/17 by LHB, Inc. and R.L. Engebretson C5.01S Layout and Surfacing Plan Area 1 S dated 9/8/17 by LHB, Inc. and R.L. Engebretson C5.02 Layout and Surfacing Plan Area 2 dated 10/16/17 by LHB, Inc. and R.L. Engebretson C5.31 Striping and Signage Plan Area 1 dated 10/16/17 by LHB, Inc. and R.L. Engebretson C5.32 Striping and Signage Plan Area 2 dated 10/16/17 by LHB, Inc. and R.L. Engebretson C6.01 Civil Details dated 9/8/17 by LHB, Inc. and R.L. Engebretson C6.02 Civil Details dated 9/8/17 by LHB, Inc. and R.L. Engebretson C6.03 Civil Details dated 9/8/17 by LHB, Inc. and R.L. Engebretson C6.04 Civil Details dated 9/8/17 by LHB, Inc. and R.L. Engebretson E0.01 Electrical Symbols and Abbreviations dated 10/16/17 by LHB, Inc. and R.L. Engebretson 16 Scheels Development Agreement/February 5, 2018 E1.00 Electrical Site Demolition Plan dated 10/16/17 by LHB, Inc. and R.L. Engebretson E1.21 Electrical Site Plan—East dated 10/16/17 by LHB, Inc. and R.L. Engebretson E1.22 Electrical Site Plan—West dated 10/16/17 by LHB, Inc. and R.L. Engebretson E1.31 Electrical Site Photometric Plan — Existing dated 10/16/17 by LHB, Inc. and R.L. Engebretson E1.32 Electrical Site Photometric Plan — New Layout dated 12/4/17 by LHB, Inc. and R.L. Engebretson L0.01 Landscape Notes and Schedules dated 10/16/17 by LHB, Inc. and R.L. Engebretson L0.01S Landscape Notes and Schedules dated 10/16/17 by LHB, Inc. and R.L. Engebretson L1.00 Overall Landscape Index Plan dated 10/16/17 by LHB, Inc. and R.L. Engebretson L1.00S Landscape Index Plan, Building dated 10/16/17 by LHB, Inc. and R.L. Engebretson L1.01 Enlargement Landscape Plan 1 dated 10/16/17 by LHB, Inc. and R.L. Engebretson L1.02 Enlargement Landscape Plan 2 dated 10/16/17 by LHB, Inc. and R.L. Engebretson L1.03 Enlargement Landscape Plan 3 dated 10/16/17 by LHB, Inc. and R.L. Engebretson L1.04 Enlargement Landscape Plan Typical Islands dated 10/16/17 by LHB, Inc. and R.L. Engebretson L1.05S Enlargement Landscape Plan 5 dated 10/16/17 by LHB, Inc. and R.L. Engebretson L1.06S Enlargement Landscape Plan 6 dated 10/16/17 by LHB, Inc. and R.L. Engebretson L5.01 Landscape Details dated 9/8/17 by LHB, Inc. and R.L. Engebretson Al Exterior Building Lighting Plan dated 9/8/17 by LHB, Inc. and R.L. Engebretson A2 Main Floor Plan dated 9/8/17 by LHB, Inc. and R.L. Engebretson A3 Main Floor Storage Mezzanine Plan dated 9/8/17 by LHB, Inc. and R.L. Engebretson A4 Second Floor Plan dated 10/16/17 by LHB, Inc. and R.L. Engebretson A5 Second Floor Storage Mezzanine Plan dated 10/16/17 by LHB, Inc. and R.L. Engebretson A6 Roof Plan dated 10/16/17 by LHB, Inc. and R.L. Engebretson A7 Building Elevations dated 10/16/17 by LHB, Inc. and R.L. Engebretson A8 Exterior Signage and Statues dated 10/16/17 by LHB, Inc. and R.L. Engebretson AR1 Exterior Perspectives dated 10/16/17 by LHB, Inc. and R.L. Engebretson AR2 Exterior Perspectives dated 10/16/17 by LHB, Inc. and R.L. Engebretson AR3 Exterior Perspectives dated 10/16/17 by LHB, Inc. and R.L. Engebretson AR4 Exterior Perspectives dated 10/16/17 by LHB, Inc. and R.L. Engebretson Bollard drawing Surface material drawing and material board 17 Scheels Development Agreement/February 5, 2018 EXHIBIT C DEVELOPMENT AGREEMENT—SCHEELS I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval, Developer shall provide to the 18 Scheels Development Agreement/February 5, 2018 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. Not Applicable Prior to release of the final plat, Developer shall pay to City fees for the first three(3) years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. 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. 19 Scheels Development Agreement/February 5, 2018 Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant,condition,or provision made herein,City may,at its option,institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall, prior to the commencement of any improvements, provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 14404 Excelsior Blvd., Minnetonka, Minnesota 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 1/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie",will be affixed to the top of the post. 20 Scheels Development Agreement/February 5, 2018 XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security") is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten(10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. 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 Recorder's Office/Registrar of Titles' Office. 21 Scheels Development Agreement/February 5, 2018 EXHIBIT D DEVELOPMENT AGREEMENT—SCHEELS EASEMENT DOC TO BE INSERTED 22 Scheels Development Agreement/February 5, 2018 CONSENT AND SUBORDINATION The undersigned, owner of the mortgage hereinafter described, for a valuable consideration, do hereby consent to the terms and provisions of this Development Agreement and does subordinate that certain mortgage dated , filed in the office of the County Record in and for the County of Hennepin, State of Minnesota, on the day of , , and recorded as Document No. covering the above and other land and filed in the office of the Registrar of Titles in and for the Count of Hennepin, State of Minnesota on the day of , , and recorded as Document No. covering the above and other land. IN TESTIMONY WHEREOF, the said corporation has caused these presents to be executed in its corporate name by its and its and its corporate seal to be hereunto affixed this day of , 20 . INSERT NAME OF MORTAGEE By Its By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2018,by and the and respectively,on behalf of the corporation. Notary Public 23 Scheels Development Agreement/February 5, 2018 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 5, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. #18803 ITEM NO.: Mary Krause Award Contract for 2018 Street Sweeping to VIILC. Public Works/Engineering Pearson Brothers, Inc. Requested Action Move to: Award contract for 2018 Street Sweeping to Pearson Brothers, Inc. in the amount of $27,500. Synopsis Quotes were received Friday, January 26, 2018 for the 2018 Street Sweeping. Three quotes were received as follows: Pearson Brothers, Inc. $27,500 Allied Blacktop Company $27,550 Reliakor Services, Inc. $30,250 Background Information The schedule for street sweeping in the project specifications indicates a start date of April 9, 2018. This early cleaning of the streets prevents sand and debris that has accumulated from the winter snow removal operations from entering into the City's wetlands, creeks and lakes. Spring sweeping of the streets takes approximately 5-8 working days. Street sweeping after the sealcoat project also is part of this project. Financial Implications Funding for the spring sweeping is from the Storm Water Utility Fund. Street sweeping that occurs after the sealcoating project is funded from the Operating and Maintenance budget for sealcoating and the CIP fund for pavement maintenance. Staff recommends award to Pearson Brothers, Inc. Attachment Contract FORM OF CONTRACT THIS AGREEMENT, made and executed this day of , 2018, by and between the City of Eden Prairie, hereinafter referred to as the "CITY", and Pearson Brothers, 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.# 18803, 2018 Street Sweeping CONTRACTOR further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted 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 $27,500. 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. Instruction to Bidders, Specifications and Special Conditions b. Accepted Quote c. Contract Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a FC-1 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 February 5,2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Joe Dusek Approve Construction Contract with Keys Well VIII.D. Public Works/UtilitiesDrilling to Service and Upgrade Municipal Well No. 2 Requested Action Move to: Approve construction contract with Keys Well Drilling, Inc, municipal well drillers, to service the pump equipment in Well No. 2, install a new magnetic flow meter, new pumping system components as required, and improve the performance for summer-time water demand. Synopsis The City of Eden Prairie Utilities Division obtained proposals from two competent regional well drillers for the rehabilitation work at Municipal Well No. 2 located at 14100 Technology Drive. The least-cost proposal was offered by Keys Well Drilling. Staff recommends acceptance of the proposal in the amount of$52,625.00 to be paid from the water utility fund. Background Information Municipal Well No. 2 was constructed in 1972, and was last rehabilitated in 2009. At that time, the existing 75 HP motor was replaced with a City-owned used 125 HP motor (newly wound by EMS); the pump was replaced; the pump setting was deepened; and a new VFD, generator and associated electrical service was installed. Well 2, and its associated pumping equipment, are currently capable of generating the desired yield (1400 gpm) during periods of peak demand. The well is scheduled for routine inspection and maintenance services, with no planned upgrades to the pump or motor. The existing flow meter will be replaced with a new magnetic flow meter. Attachments Recommendation Letter with bid tabulation Copy of Contract C § .Crobc �J Enviimnmental Inc. January 24, 2018 Joe Dusek City of Eden Prairie—Water Utility 14100 Technology Drive Eden Prairie, MN 55344-2230 Subject: Contractor Recommendation Rehabilitation of Municipal Well 2 Dear Mr. Dusek: Attached please find the bid tabulation from two independent quotations sought by St. Croix Environmental, Inc. (SCE) on behalf of the City of Eden Prairie. The quotations are for providing well rehabilitation services at Eden Prairie Well 2. A total of two pre-qualified drilling firms were invited to provide quotations, and each firm responded. • Each drilling firm was provided current well, pump and equipment settings. • Each firm was allowed the opportunity to visit the well site and inspect the equipment. • Each of the companies provided costs for the same scope of work. The individual cost quotations are summarized on the bid tabulation form. Based upon the results of the proposal process, SCE recommends the City retain the services of Keys Well Drilling for completion of the project. Upon receiving your authorization to proceed, we'll schedule the well for the recommended repairs and return the well to service at the earliest opportunity. Please let us know if you have any questions, or require additional supporting information. Sincerely, St. Croix Environmental, Inc. Kevin Miller, PG Principal Consultant Attachments 325 St. Anne's Place • Hudson, Wisconsin 54016 • Phone (715)441-9933 BID TABULATION REQUEST FOR QUOTATION WELL REHABILITATION CITY WELL 2 CITY OF EDEN PRAIRIE,MINNESOTA RFQ DATED: JANUARY 5,2018 DATE OF QUOTE REVIEW: JANUARY 24,2018 WELL 2 BIDDER NAME TOTAL QUOTATION KEYS WELL DRILLING $52,625.001 BERGERSON-CASWELL,INC. $59,800.00 Includes 20 hours of crane rental @$475 per hour for removal and replacement of downhole assembly. 2017 06 01 Agreement for Contract Services This Agreement ("Agreement") is made on the 5th day of February, 2018, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Keys Well Drilling, a Minnesota well drilling (hereinafter "Contractor") whose business address is1156 Homer Street, St. Paul, MN 55116-3232. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for Well 2 rehab work and flow meter installation hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of February 5, 2018. The Work shall be completed by June 1,2018. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a sum not to exceed $52,625.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. 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." c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager 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 Project Manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 10 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 Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 10 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. 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 polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. 1. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten(10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 10 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 perfoiuiance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 10 year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City's written acceptance_of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perfoiiir 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. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 10 , c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. 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. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 10 17. 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. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. 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. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor 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 Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause,and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 10 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A 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. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations,rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. 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. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. 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. Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 10 Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR By: Its: 1 Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 10 Exhibit A Perform well inspection and rehabilitation for well 2, which will include all materials, supplies, and labor. Install new flow meter as specified. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 5, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Joe Dusek Approve Construction Contract with Keys Well VIII.E. Public Works/Utilities Drilling to Service and Upgrade Municipal Well No. 9 Requested Action Move to: Approve construction contract with Keys Well Drilling, Inc, municipal well drillers, to service the pump equipment in Well No. 9, install a new magnetic flow meter, new pumping system components as required, and improve the performance for summer-time water demand. Synopsis The City of Eden Prairie Utilities Division obtained proposals from two competent regional well drillers for the rehabilitation work at Municipal Well No. 9. Well 9 is located at 6975 Edenvale Boulevard. The least-cost proposal was offered by Keys Well Drilling. Staff recommends acceptance of the proposal in the amount of$47,965.00 to be paid from the water utility fund. Background Information Municipal Well No. 9 was constructed in 1987, and was last rehabilitated in 2010. At that time, the existing motor was replaced; the pump setting was deepened; and a new VFD and associated electrical service was installed. Well 9, and its associated pumping equipment, are currently capable of generating the desired yield (1400 gpm) during periods of peak demand. The well is scheduled for routine inspection and maintenance services, with no planned upgrades to the pump or motor. The existing flow meter will be replaced with a new magnetic flow meter. Attachments Recommendation Letter with bid tabulation Copy of Contract C § .Crobc �J Enviimnmental Inc. January 24, 2018 Joe Dusek City of Eden Prairie—Water Utility 14100 Technology Drive Eden Prairie, MN 55344-2230 Subject: Contractor Recommendation Rehabilitation of Municipal Well 9 Dear Mr. Dusek: Attached please find the bid tabulation from two independent quotations sought by St. Croix Environmental, Inc. (SCE) on behalf of the City of Eden Prairie. The quotations are for providing well rehabilitation services at Eden Prairie Well 9. A total of two pre-qualified drilling firms were invited to provide quotations, and each firm responded. • Each drilling firm was provided current well, pump and equipment settings. • Each firm was allowed the opportunity to visit the well site and inspect the equipment. • Each of the companies provided costs for the same scope of work. The individual cost quotations are summarized on the bid tabulation form. Based upon the results of the proposal process, SCE recommends the City retain the services of Keys Well Drilling for completion of the project. Upon receiving your authorization to proceed, we'll schedule the well for the recommended repairs and return the well to service at the earliest opportunity. Please let us know if you have any questions, or require additional supporting information. Sincerely, St. Croix Environmental, Inc. Kevin Miller, PG Principal Consultant Attachments 325 St. Anne's Place • Hudson, Wisconsin 54016 • Phone (715)441-9933 BID TABULATION REQUEST FOR QUOTATION WELL REHABILITATION CITY WELL 9 CITY OF EDEN PRAIRIE,MINNESOTA RFQ DATED: JANUARY 5,2018 DATE OF QUOTE REVIEW: JANUARY 24,2018 WELL 9 BIDDER NAME TOTAL QUOTATION KEYS WELL DRILLING $47,965.001 BERGERSON-CASWELL,INC. $57,925.00 1 Includes 20 hours of crane rental @$240 per hour for removal and replacement of downhole assembly. 2017 06 01 Agreement for Contract Services This Agreement ("Agreement") is made on the 5th day of February, 2018, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Keys Well Drilling, a Minnesota well drilling (hereinafter "Contractor") whose business address is1156 Homer Street, St. Paul, MN 55116-3232. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for Well 9 rehab work and flow meter installation hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of February 5, 2018. The Work shall be completed by June 1,2018. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a sum not to exceed $47,965.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as.described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. 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." c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager 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 Project Manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 10 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 Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned,hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 10 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. 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 polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. 1. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten(10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 10 of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e.,the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen(15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 10 year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perfoiiu 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 nonconfolining Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to teiiuinate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-perfoiiiiance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the teiuiination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such teiiuination. Any prior liability of a party shall survive termination of this Agreement. Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 10 c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. 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 o1 of the arbitrationror legal equmeditable action may be instituted for a period of 90 days from thegrequest for ation 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. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Standard Agreement for Contract Services 2017 g 01.01 10 17. 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. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. 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. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor 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 Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 10 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A 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. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations,rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. 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. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6)years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. 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. Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 10 Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR By: Its: Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 10 Exhibit A Perform well inspection and rehabilitation for well 9, which will include all materials, supplies, and labor. Install new flow meter as specified. CITY COUNCIL AGENDA DATE SECTION: Consent Calendar February 5, 2018 DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO. Administration, Paul Sticha, Recarpet City Hall Offices VIII.F. Facilities Requested Action Move to: Award contract for recarpeting Planning, Assessing, Finance, Communications, Engineering, Inspections and Parks &Recreation in City Hall to LaVan Floor Covering. Synopsis LaVan Floor Covering $137,080.00 Mars Carpet Declined to bid St. Paul Linoleum and Carpet Declined to bid Contractor Connection, Atlanta, Georgia Declined to bid Contractor Connection, Norcross, Georgia Declined to bid Background • Plans and Specifications were developed by Baker Associates. • Ad for bids was placed in Eden Prairie News, January 4, 2018. • Plans and Specs were sent to 5 potential bidders. • St. Paul Linoleum called and said their schedule was too busy to submit a bid. • Mars Carpet, Contractor Connection in Norcross and Atlanta did not submit bids or correspond further after they requesting the bid package. Attachments • Standard City Construction Contract with LaVan Flooring • Scope of Work from LaVan Flooring • Bid Bond from LaVan Flooring • Responsible Contractor Verification form from LaVan Flooring 2017 06 01 Construction Contract This Contract ("Contract") is made on the 5th day of February, 2018, 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 Corporation (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 Re-carpeting Planning, Assessing, Finance, Communications, Engineering, Inspections and Parks & Recreation in City Hall, 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. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 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 May 31, 2018. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of$137,080.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. Price includes base bid of$134,200 plus $2880.00 to remove and replace files in Building Inspections, Finance and Planning. 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 and Staffing. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. Standard Construction Contract 2007 06 01 Page 2 of 12 The Project Manager 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 Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. 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 Standard Construction Contract 2007 06 01 Page 3 of 12 lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor's equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City's suspension of all or part of the Work causes additional 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; £ 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. Standard Construction Contract 2007 06 01 Page 4 of 12 Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in 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. 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 Standard Construction Contract 2007 06 01 Page 5 of 12 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. 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. 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: Standard Construction Contract 2007 06 01 Page 6 of 12 Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability 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. f. All policies, except Worker's Compensation Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. Standard Construction Contract 2007 06 01 Page 7 of 12 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. 1. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. Standard Construction Contract 2007 06 01 Page 8 of 12 If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. 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. GENERAL TERMS AND CONDITIONS Standard Construction Contract 2007 06 01 Page 9 of 12 24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 25. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 26. 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. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 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. Entire Contract, Construction,Application and Interpretation. This Contract is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties,unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor 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 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 Standard Construction Contract 2007 06 01 Page 10 of 12 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. 34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A 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. 35. 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. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 37. 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. 38. Statutory Provisions. a. Audit Disclosure. 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. b. Data Practices. Any reports, information, or data in any form 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. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. Standard Construction Contract 2007 06 01 Page 11 of 12 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract. 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 FLOORING COMPANY Derek LaVan, Its Owner Standard Construction Contract 2007 06 01 Page 12 of 12 PROPOSAL 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 1-26-18 STREET JOB NAME CARPET REPLACEMENT-PARKS,BUILDING INSPECTIONS, ENGINEERING,FINANCE,AND PLANNING AREAS CITY,STATE&ZIP CODE JOB LOCATION EDEN PRAIRIE CITY HALL ATTN: PAUL STICHA BASE BID PER PLANS DATED 6-1-2017 PROVIDE ALL BASE CARPET TILES &ADHESIVE PROVIDE ALL ACCENT CARPETS & ADHESIVE PROVIDE WALK-OFF CARPET TILE &ADHESIVE PROVIDE REMOVAL&DISPOSAL OF EXISTING FLOORING AND BASE PROVIDE FURNITURE MOVING OR LIFTING AS REQUIRED PROVIDE INSTALLATION OF ALL NEW FLOORING MATERIALS INCLUDING CARPET BASE $1 34,200.00 EX IRA COSTS TO REMOVE &REPLACE FILES-BUILDING INSPECTIONS $990.00, FINANCE $990.00, AND PLANNING $900.00. THESE ARE ADDED COSTS TO BASE BID COST IF REQUIRED ALL LABOR IS FIGURED AF IER HOURS DURING THE WEEK OR SATURDAY DURING THE DAY NO MAJOR UNFORSEEN FLOOR PREP IS INCLUDED IN THIS BID. CUSTOMER IS RESPOSIBLE TO PACK PERSONAL ITEMS ON TO BOOK CASES PROVIDED 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: Al]material is guaranteed to be as specified. All work In be roompleted in workmanlike Authorized manner according to standard practices Any alteration or deviation from above specifications involving extra will be executed only upon written orders.end will become Signature an extra charge over and above the estimate. All agreements Geniingcnt upon strikes, accidents or delay beyond our control. Owner to carry fire,tornado aal 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. *CCEPTANCE 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. Responsible Contractor Verification I am an owner or officer of/AK-to Lf]' �}��^ �t4^�n [name of bidder] �["Bidder"). I hereby verify that Bidder is in compliance with the minim 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: 4/i 1- ii n durz, 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. c. Signed this .2'1 day of ar><, , 20 16 (--__T „,-,„,. 1.......---r--- By:' .•fi>rit&r_. L&V(ti vl [printed name] t:)itS i d ',±" [title] of tit t o `lot r• [name of bidder] STATE OF MINNESOTA ) Ll ) ss. COUNTY OF�CL kL ) signed and sworn to before me on JGL , )4 , 20 i8 , by •;,.• SHARON L ANDERSON ("''' NOTATO PUBLIC-MINNESOTA ```,'' MY COMMISSION MIRES 01)3112022 3 Notary Public (stamp) BID BOND Bond No. BD148331 Premium S 137 .70o —� KNOW ALL PERSONS BY THESE PRESENTS, that we. Levan Floor Covering Inc t (hereinafter called "Principal"), as Principal, and Auto-Owners Insurance Company a corporation organized and existing under the laws of the State of Michigan , and authorized to transact business in the State of Minnesota, (hereinafter called "Surety"). as Surety, are held and firmly bound unto City of Eden Prairie (hereinafter called "Obligee"), in the penal sum of 5%of attached Bid (S f3,1 ace ], in good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the above bounded Principal has submitted a Bid Proposal pursuant to the Facilities Division-City Hall Offices Carpet Replacement _ which Bid Proposal' is referred to and made a part hereof as fully and to the same extent as if copied at length for the purpose of explaining but not of varying or enlarging the obligation. NOW, THEREFORE, the condition of this obligation is such,that if any award made by said Obligee, to the above bounded Principal, its executors, administrators, personal representatives or assigns under the Facilities Division-City Hall Offices Carpet Replacement shall be accepted by said Principal and said Principal shall enter into a contract for the furnishing of said FacirrGes Diwsron-City HMI h6ces carpel,' and give bond with the Auto-Owners Insurance Company , as Surety', or with other Surety or Sureties to approved by the Obligee for the faithful performance thereof, then this obligation shall be null and void; otherwise to remain in full force and effect. ' Name of the bidder 2 Check the power of attorney to determine that name on bond is name of company on power of attorney. Needs to state City of Eden Prairie. Should not state name of a department. Check to make sure bid bond is in the amount required by RFB. State name of RFB State name of the RFB. ' This should identify project in same manner as RFB s Name of surety in referenced in the first line. Si ned and sealed this 25th day of January , ?Ole . (-1— ---2,..,..0------ ,...V__) ------. _ ,./ 1," .„,.. Principar ---;r:c. - -...4,..L i ,/if.--- Surety iCompany") Beau J Nielsen,Attorney-in-Fact if 4 Make sure document is signed by the Principal identified in first line. If Principal is company. then it needs to be signed by officer of company and not by a person in individual capacity. "'Review Power of Attorney to determine that bond is signed by authorized individual and does not exceed amount authorized. f DATE AND ATTACH TO ORIGINAL BOND AUTO-OWNERS INSURANCE COMPANY LANSING,MICHIGAN ISO. B0148331 POWER OFATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the AUTO-OWNERS INSURANCE COMPANY AT LANSING,MICHIGAN,a Michigan Corporation,having its principal office at Lansing,County of Eaton,State of Michigan.adopted the following Resolution by the directors of the Company on January 27,1971,to wit "RESOLVED.Thar the President or any Vice President or Secretary or Assistant Secretary of the Company shall have the power and authority to appoint Attorneys-in-fact,and to authorize them to execute an behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances, contracts of indemnify, and other writings obligatory in the nature thereof.Signatures of officers and seal of Company imprinted on such powers of attorney by facsimile shall have same Force and effect as if manually affixed.Said officers may at any time remove and revoke the authority of any such appointee." Does hereby constitute and appoint Beau J Nielsen its true and lawful attorney{s)-in-Fact,to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and the execution of such instrument(s)shall be as binding upon the AUTO-OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN as Fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. IN WITNESS WHEREOF,the AUTO-OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN, has caused this to be signed by its authorized officer this 1st day of August,2016 c �Y4c Q 1J-ill t/3'rt 11 Denise Williams Senior Vice President STATE OF MICHIGAN COUNTY OF EATON f ss' cF,d ny 4 FL On this 1st day of August.2016 ,before me personally came Denise Williams,to me known,who being duly sworn,did depose and I`r or°u r � say that they are Denise Williams,Senior Vice President of AUTO-OWNERS INSURANCE COMPANY,the corporation descrited In and y ve ic.a which executed the above instrument,that they know the seal of said corporation,that the seal affixed to said instrument is such Corporatem. Seal,and that they received said instrument on behalf of the corporation by authority of their office pursuant to a Resolution of the Board of Directors of said corporation. gl4 ''i My commission expires March 10,2022 Susan E.Theisen Notary Public STATE OF MICHIGAN ss COUNTY OF EATON J I,the undersigned First Vice President, Secretary and General Counsel of AUTO.OWNERS INSURANCE COMPANY,do hereby certify that the authority to issue a power of attorney as outlined rn the above board of directors resolution remains in full force and effect as written and has not been revoked and the resolution as set forth is now in force. Signed and sealed at Lansing,Michigan.Dated this 25th day of January 2018 r p'"gsrN a;CORPORATE SEAL William F.Woodbury,First Vice Pr dent,Secretary and General Counsel 294o(10-171 prim dare: Print Time: CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 5, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Paul Sticha, Administration, Declare obsolete office furniture as surplus VIII.G. Facilities Requested Action Move to: Declare furniture obsolete and authorize the City Manager to dispose of surplus property per City Code Section 2.86, Subdivision 3. Synopsis Obsolete furniture: • 8 desk chairs • 50 side chairs • 1 drafting table • 4 lobby chairs • Miscellaneous Herrmann-Miller workstation components • 3 bathroom mirrors • 3 wood framed windows CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 5, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Matt Bourne, Parks and Community Garden Plot Lease Agreement with VIII.H. Natural Resources Manager Metropolitan Airport Commission Requested Action Move to: Approve one-year Community Garden Plots Lease Agreement with the Metropolitan Airport Commission(MAC). Synopsis This lease agreement is for the use of the 3.17 acre land parcel of MAC Property adjacent to the Super America gas station(on the corner of Pioneer Trail and Old Pioneer Trail) for Community Gardens. These garden plots have been rented annually by residents through the Parks and Recreation Department to grow vegetables and flowers. The previous garden plot lease agreement between the City and MAC expired on December 31, 2017. The MAC has prepared a new one year lease agreement at the rental rate of$487.33, which allows the City the right to utilize this property again for the 2018 gardening season. Background The city has leased this parcel of land from the MAC for our Community Garden Program for many years. However, with the recent airport re-zoning this land parcel is now being marketed as a potential commercial development site. The city staff requested that MAC staff consider a new one year lease to permit garden plot usage in 2018. MAC staff indicated that they are still actively marketing the property for development however the City would be able to lease of the property for garden plots for this year with no guarantee for the 2019 season. Attachment Lease Agreement COMMUNITY GARDEN PLOTS LEASE AGREEMENT THIS COMMUNITY GARDEN PLOTS LEASE AGREEMENT ("Lease") was made effective January 1, 2018 between the Metropolitan Airports Commission ("Commission"), a public corporation of the State of Minnesota, as Lessor, and the City of Eden Prairie ("City"), as Lessee. WITNESSETH: WHEREAS, the Commission has determined that it currently has no specific airport use suitable for the property described in this Lease and is authorized to lease or license the property for compatible uses; and WHEREAS, the City desires to lease the property to operate community garden plots on the property; and WHEREAS, the City and Commission entered into a Memorandum or Understanding ("MOU"), dated December 17, 2002, that addresses certain terms regarding the property; and WHEREAS, the City desires to define certain parcels of the property as described in the Lease below, the MOU, and as shown on attached Exhibit A; and WHEREAS, the Commission has determined that the authorized uses under this Lease would not interfere with airport operations; and WHEREAS, Commission is willing to lease the property to the City upon the terms and conditions of this Lease, which has been approved by the Commission on January 22, 2018. NOW THEREFORE, in consideration of the mutual covenants hereinafter stated, the parties hereto agree as follows: 1. PROPERTY. The Commission grants to City a lease to occupy and use, subject to the terms and conditions stated herein, a portion of the lands constituting Flying Cloud Airport ("Airport") in Hennepin County, Minnesota, totaling 3.17 acres, as shown on attached sketch ("Premises"): And as designated in red on the plat attached hereto as Exhibit A and made a part hereof. And the legal description of the premises area is attached hereto as Exhibit B and made a part hereof. 2. USE. The Premises may be occupied and used by the City for recreational purposes as follows: Solely for the operation of community garden plots. Use of the Premises hereunder and improvements made in furtherance of such use shall at all times comply with clearance requirements under FAA regulations and state zoning requirements. 3. TERM. The term of this Lease shall be one (1) year, commencing January 1, 2018. The Premises are subject to recapture by the Commission upon six (6) months written notice to City, with no monetary compensation to the City. The City may terminate this Lease upon six (6) months written notice to the Commission with no monetary compensation to the Commission. In the event of termination or recapture, the City shall have 90 days within which to remove its property, equipment and fixtures located or placed thereon and to restore the Premises to a condition acceptable to the Commission. Upon termination of this Lease or any subsequent renewal lease, Commission has no obligation to provide the Premises or any other Commission or Airport property to City. 4. ASSIGNMENT OF LEASE: The City shall not assign or transfer this Lease, nor permit this Lease to become transferred by operation of law or otherwise, nor do or suffer any acts to be done whereby the same may be or become assigned in whole or in part. The City shall not sublease the whole or any part of the Premises. 5. CONSTRUCTION AND MAINTENANCE. All plans for the grading and construction of and relating to replacement of or alterations to the Premises, facilities or improvements shall require Commission staff review and approval, and in addition, all expansion, construction, repair, replacement and alteration plans must meet the requirements of the Federal and State regulatory agencies for clearance and protection of approaches in respect to the airport. Final design by City for the Premises shall be subject to review and approval by Commission for conformance with FAA and state rules and regulations and compatibility with airport operational requirements. All work shall be carried on at such time or times and under such control as the Commission's Airport Manager may impose to coordinate the same with the necessary continuous operation of the airport. The City shall fence the Premises, 2 according to Commission requirements, to prevent unauthorized access to the airport operational areas. In addition, the City agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event any future structure or building is planned for the Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises. All work shall be completed at City's cost, and City shall notify Commission prior to continuing any work if any foreseen or unforeseen environmental conditions exist or manifest; keep the Premises, this Lease and every improvement on the Premises free and clear from all liens for labor performed and materials furnished; and defend, at City's cost, each and every lien asserted or filed against the land, any part thereof, or against this Lease or any improvement on the Premises and pay each and every judgment resulting form such lien. In addition to the monetary rent paid to the Commission, the City shall, at all times and at no cost or expense to Commission, maintain the Premises and all improvements thereon in a neat and clean condition and in good repair and shall keep the Premises free from debris, weeds and erosion. The City shall not suffer or permit any waste or nuisance on the Premises and shall permit no illegal acts or conduct thereon or such as will constitute a nuisance. 6. RENT. As rent for the Premises the City shall pay annually an amount of $487.33 per year. The rental rate must be consistent with any change made in the future to federal revenue diversion policy. Thus, the rental amount may be changed during the term of the Lease in order to maintain compliance with federal revenue diversion policy upon sixty (60) days written notice from the Commission to the City. City shall pay for all water, sanitary sewer, gas, electricity, telephone, refuse collection, and storm sewer charges, environmental charges and fees, or other similar charges used on or attributable to the Premises, together with any taxes, penalties, interest or surcharges associated with such utilities and charges. City shall pay all applicable taxes (including, but not limited to, property taxes), assessments, license fees, regulatory fees and other charges, if any, imposed by any other governmental authority during the Term of this Lease upon or related to the Premises, buildings, improvements or other property located thereon, or upon City's use or occupancy, for whatever term deemed applicable to City by that governmental authority. City shall pay these amounts without deduction or set-off against Rent to be paid under this Lease. 3 7. INSURANCE. The City agrees to indemnify and save harmless the Commission from any and all claims or causes of action arising or claimed to arise by reason of injury or death to person or damage to property and arising out of or incidental to the Commission's grant to the City of this Lease or out of act or omission of person or persons incident to use and occupancy of the premises. The City shall either (i) maintain insurance, a standard term policy or policies of insurance in amounts as hereinafter set out against public liability, blanket contractual liability and property damage including personal and advertising and products liability, or (ii) provide self-insurance of equivalent protection. Such policy of policies shall be in the amount of statutory limits provided by Minn. Stat. 466.04, or as such statute may be amended or modified from time to time, which currently requires one million five hundred thousand dollars ($1,500,000) per accident or occurrence or five hundred thousand dollars ($500,000) per person. The general liability insurance shall name the City as insured and shall also name the Commission as additional insured by endorsement to the policy or policies. The City also shall maintain statutory workers' compensation insurance or self-insurance for all employees performing work under this agreement. Nothing in this Lease constitutes a waiver by the City of any statutory or common law, defenses, immunities, or limits on liability. The obligation of the City of Eden Prairie under this section cannot exceed the greater of (i) amount that the City would be obligated to pay under the provisions and limitations of Minn. Stat. Chap 466 or (ii) the amount of insurance carried by City applicable to a claim referred to in the first sentence of this Section 7. 8. HOLD HARMLESS. To the extent permitted by law, the City agrees to hold and save harmless the Commission from any and all claims, liens or liability which may arise from City's construction, maintenance, repair or replacement aforesaid or from claims of labor or materials involved in or rising out of the same. The City shall indemnify, defend and hold harmless Commission from and against any and all losses, liability, fines, lawsuits, charges, damages, penalties, or claims of liability for loss, damage or injury to persons or property on or about the lands under Lease from whatever cause, and Commission shall not be liable to the City to any extent, nor will the City make any claim against Commission for or on account of damage to the lands under Lease or loss damage to or destruction of improvements, facilities and structures thereon. Nothing in this Lease Agreement constitutes a waiver by the City of any statutory or common law, defenses, immunities, or limits on liability. The obligation of the City of Eden Prairie_under this section cannot exceed the greater of (i) amount that the City would be obligated to pay under the provisions and limitations of 4 1 v Minn. Stat. Chap 466 or (ii) the amount of insurance carried by City applicable to a claim referred to in the first sentence of this Section 8. 9. FAA AND MNDOT. Execution and continuation of this Lease is conditioned upon approval and agreement of the FAA and MN/DOT, Division of Aeronautics that the development and use of such lands for recreational purposes would not conflict with aircraft operations to and from the airport and would comply with the clearance and approach requirements presently applicable at said airport. 10. COMPLIANCE WITH LAWS. The City shall comply with all laws, ordinances, rules and regulations of the United States of America, the State of Minnesota, or of agencies, departments or divisions of either (including but not limited to the Riley-Purgatory and/or the Lower Minnesota Watershed Districts), or of the Commission relating to the Premises and the use thereof or relating to control of ground and air traffic, aircraft operations and the general use and operation of the airport; and the City shall see to the payment of any all taxes, assessments, license fees or other charges that may be legally levied, assessed or made during the term of this Lease or any extension thereof by reason of the uses hereby permitted of the Premises. City shall provide evidence of compliance with such laws to the Commission upon request of the Commission. 11. HEIGHT. The City expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth, and other objects on the Premises to a height that will not constitute an obstruction as determined by the standards in Federal Aviation Regulation, Part 77. In the event the aforesaid covenants are breached, the Commission reserves the right to enter upon the Premises and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of the City. Further, the City agrees that no lights will be permitted (including automobile headlights) or installed on the Premises which will have a detrimental effect on control tower operations or otherwise affect night operations. 12. FLIGHT OF AIRCRAFT. The City expressly agrees for itself, its successors and assigns to prevent any use of the Premises which might interfere with the landing and taking off of aircraft from the Airport or to the flight of aircraft over the Premises or otherwise constitute a hazard, or interfere with air navigation and communication facilities presently or in the future serving the Airport. In the event the aforesaid covenant is breached, the Commission reserves the right to enter upon the Premises and cause the abatement of such interference at the expense of the City. 13. WITHOUT PREJUDICE. It is understood that grant of this Lease and use of the Premises is conditioned upon and shall be without prejudice to the rights of the 5 Commission as owner and operator of the aforesaid public airport of which the subject Premises constitute a part. 14. NONDISCRIMINATION. The City for itself, its heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that in the event facilities are constructed, maintained, or otherwise operated on the Premises for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the City shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. The City for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or nation origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (3) that the City shall use the Premises in compliance with all other requirements imposed by or pursuant to 49 CFR 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 15. COMMISSION RESERVATIONS. Commission reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or view of the City, and without interference or hindrance. Commission reserves the right, but shall not be obligated to the City, to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of the City in this regard. 16. COMMISSION RIGHT OF ENTRY. Commission shall at all times and through its agents and employees or contractors have a right of entry upon the Premises, as may be necessary in the development, maintenance and operation of the airport, including for the purpose of wildlife management. Further, the Commission reserves the right to install and maintain on the Premises such utility lines, conduits, pipes and facilities as may be necessary to the development, maintenance and operation of said airport, provided Commission shall at its cost 6 and expense, repair any damages and restore any portion of the Premises damaged by reason of such installation and maintenance. However, if the City causes the need for such repair, construction, installation, or maintenance, the Commission will not pay to repair or restore any part of the Premises. 17. REQUIRED NOTICE. Incident to use and occupancy of the Premises hereunder, the City will advise those making use of or coming on the Premises and the parents of those children making use of the Premises that Commission has no responsibility in respect to maintenance, care, policing, control and supervision of the premises so long as this Lease is in effect. The City will post signage visible to property users that the Premises are owned by the Metropolitan Airports Commission. 18. ENVIRONMENTAL OPERATING CONDITIONS. Any materials/waste (hazardous or otherwise) "left over" from City's use and occupancy of the Premises are the property of the City and must be removed by the City. Waste disposal must follow all county, state and federal regulations. MAC is not the owner, generator or the party responsible for removal/disposal of this waste/material. City shall also notify MAC of any spills or dumping, regardless of the amount, occurring on Airport property to which the City has knowledge. If MAC incurs costs related to a spill or other environmental expense related to City's operations at the Airport, unless due to the negligence of MAC, MAC will bill City for all MAC's costs, plus a fifteen percent (15%) administrative fee. City shall pay MAC within thirty (30) days of invoice. 19. NOTICE All notices or communications between Commission and City shall be deemed sufficiently given or rendered if in writing and delivered to either party (i) personally, (ii) by registered or certified mail return receipt requested, or (iii) by nationally recognized overnight courier service. Except as otherwise specified herein, all notices and other communications shall be deemed to have been duly given (a) the date of receipt or rejection if given personally, (b) three (3) business days after the date of posting if given by certified or registered mail, or (c) the first (1st) business day after the date of posting if delivered by a nationally recognized courier delivery service. Notices hereunder may be given by the respective attorneys for any of the parties. Addresses for all notices are as follows: Commission: Metropolitan Airports Commission Attn: Roy Fuhrmann 6040 281" Avenue South Minneapolis, MN 55450 City: City of Eden Prairie Attn: Director of Parks and Recreation Services 8080 Mitchell Road Eden Prairie, MN 55344 Either party may change the parry's address for notice by providing written notice to the other party. 19. WAIVER The waiver by Commission or City of any breach of any term of this Lease shall not be deemed a waiver of any prior or subsequent breach of the same term or any other term of this Lease. 22. COMMITMENTS TO FEDERAL AND STATE AGENCIES Nothing in this Lease shall be construed to prevent Commission from making such commitments as it desires to the Federal Government or the State of Minnesota in order to qualify for the expenditure of Federal or State funds on the Airport. This Lease shall be subordinate to the provisions of and requirements of any existing or future agreement between Commission and the United States, relative to the development, operation, or maintenance of the Airport. 23. RIGHT OF FLIGHT / NOISE There is hereby reserved to the Commission, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises, together with the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from, or operation on the Airport. 24. ENTIRE AGREEMENT. This Lease represents the entire agreement between the parties and supersedes any prior agreements regarding the Premises or any part thereof. 8 IN WITNESS WHEREOF, the parties hereto have signed this Lease Agreement the day and year written below. METROPOLITAN AIRPORTS COMMISSION By Vice President — Management & Operations Date CITY OF EDEN PRAIRIE By Mayor Date By City Manager Date 9 LESSOR NOTARY STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN) This instrument was acknowledged before me on the day of , 2018, by as the authorized representative of the Metropolitan Airports Commission. (Notarial Seal) Notary Public CITY NOTARY STATE OF MINNESOTA ) ) SS COUNTY OF ) This instrument was acknowledged before me on the day of , 2018, by and Mayor and City Manager, respectively of the City of Eden Prairie. Notary Public (Notarial Seal) io ( ) • May 16,2011 EXHIBIT A ' • PREMISES •• y. � `.: + :.. ism' • - ¢ n tt fi, • -- _ . ' ; 'err .. iiij i. , .4 + 2 - t ' 2. P ' • 1 . : 1 VW • 11 z• .•y LI 3liy("! r' • �' - • • .ram-` .. tesam,. ; fj ti • .1; i:'- is i, _ F , L c: $ is r• ' Via. •ti • - ' p,: f ! : y • f _ t ib �S .!tr 5 {�� a.F l • • f f }• • • :�a.+%.1-1 �,3 `L';•,. ;:::7.'... , j +;' $ ,.• a t'cxt.:i.j. (ice•& f :'t�.� - ;',rs'• , "if .1 •1 s r• : t YF �kkn �i :f ;''' ; -.t r 2.-. • c. . • 'vie . . '1-'.�` f �+.`•s c c: i x e � . . , L r it f •l :t•.- • .. _"I1.j : • ' : ,i3-' r fir E,i 'aa • 4 t • .� !1. r i f .+r"Ya- } ! i ' , :.,: 't •4 r_ h s,ti .. Pioneer Trail f - p, (( l kf . _ 4 May16,2011 EXHIBIT COMMUNITY GARDEN PLOTS "PREMISES" - LEGAL DESCRIPTION Beginning at the southwest corner of the southeast quarter of the northeast quarter of Section 27, Township 116, Range 22 lying in Hennepin County, Minnesota; then northward-along the west line of said southeast quarter a distance of 760 feet, then south 89° 36' 24" east a distance of approximately 162-feet to a point intersecting the right-of-way of the east side of Pioneer Trail which is the point of beginning for the Premises; then continuing on the same bearing eastward a distance of 147.97 feet, then south 0° 25' 23"west a distance of 100 feet, then north 89° 58' east a distance of approximately 645 feet to the intersection with of the north right-of-way line of Hennepin County Road #1, then proceeding in a southwestern, westerly, northwesterly and northerly along said road right-of-way line back to the point of beginning. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 5, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Matt Bourne, Parks and VIII.I. Natural Resources Manager Approve Standard Agreement for Contracted Services with Applied Ecological Services, Inc. Requested Action Move to: Approve Standard Agreement for Contracted Services with Applied Ecological Services, Inc. in the amount of$21,942.00 for the maintenance of the turf to native conversion areas. Synopsis In 2017, the City received quotes from three contractors to convert areas of City property that were being maintained as mowed turf into native planting areas. Applied Ecological Services, Inc. was selected to convert these areas and the City is now proposing to enter into a three year maintenance agreement for those sites. Background As part of the Sustainable Eden Prairie initiative, City staff has continued to identify areas of City property that are being maintained as mowed turf that could be converted to native prairie planting areas. These areas primarily serve little purpose as mowed turf or are in locations that can easily be used as education plots for native plantings. Because these types of conversions can be labor intensive for multiple years and take some time to mature, the City will in most cases enter into an agreement to maintain the area for the first three years after the initial conversion to ensure the project is successful. Attachment Standard Agreement for Contracted Services with Applied Ecological Services, Inc. 2017 06 01 Agreement for Contract Services This Agreement ("Agreement") is made on the 5th day of February, 2018, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Applied Ecological Services, Inc., a Wisconsin Corporation (hereinafter "Contractor")whose business address is 17921 Smith Road, Brodhead, WI 53520. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for the turf-to-native habitat restoration work hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of February 5, 2018. The Work shall be completed by November 1, 2020. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of$21,942.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. 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." c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager 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 Project Manager without the approval of the City. Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 11 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability 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 Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 11 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. 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 polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. 1. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-,unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 11 evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence) and regardless of the extent to which the underlying occurrence (i.e.,the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen(15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 11 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The 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. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 11 shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. 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. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 11 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. 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. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. 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. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor 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 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 Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 11 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. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A 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. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. 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. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 11 30. 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. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR By: Its: Standard Agreement for Contract Services 2017 06 01.01 Page 10of11 Exhibit A 1. Proposed schedule of maintenance activities: 2018 May/June—Management Mowing July—Spot Herbicide Treatment August/September—Management Mowing September/October— Spot Herbicide Treatment 2019 May—Management Mowing June—Spot Herbicide Treatment August—Spot Herbicide Treatment 2020 April—Prescribed Burn (alternate) May—Spot Herbicide Treatment July—Spot Herbicide Treatment 2. Map of Work Areas (Attached) Standard Agreement for Contract Services 2017 06 01.01 Page 11 of 11 I"\ . 1 _ . ,•- •. ..,• - _ . tillii ' IPi:j ''''.(°.:i P'i • 'I.'- • :- - - i - ..' ''' ''. .; ,. ,,. ,,,../•, ri. .,', , ',1 4jr...it. '.;!1/ " ‘-',..,..., .. .- '5" in] 1 . , ..-4:-.. :4 '''' • 'IV - .. 42.1N - „ I . I. Iii-gal , ..' ,S.. . . . .:V44. . I.i• . ' ' / ,,./ j..A..c. A , ;.0•:'... ..ir•7 t '. P-:. ."" • It.''. tqWiTi' •ier ii . 1 ' 4#1,1 1 .' . il /,IF', :....'A: - 1. 11 i I iiii• 1..11 1111 : i - ' , '` Jr• i '4;1 ..•"-'''' '4.i '•?' 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H/ tlIF YB4 k }� _ Alio eX:Zte-g 4+r4, _ „1li i b p t F`s ; • r + ,r - - s • {III!§ li ' aea-04 +yob`" + - 0y=�1• { f16 7u • • I . r 0. tif.f... / ..., !u lb -v.. s i e . 8 0/, '''' ' .? , . nt ai a �.. _Ao • ' n V'tr, l (N, I. • ` 4 S TT''TT �� s i...�.' 14 LO ! - r r • 4 - - o i_ -..ei,T'- -"-aigitOk•r4e ,V.'. ;;:.# ': . ' ie#, & ' / . *7."' • •- -.:-.;- 1 t I....- " 1?) Ci- -O ti ''1' `` w i E E Moo X� •4 f t Ryr y � ry $ 711 - Pr .. -:.,: ;i:-- A ..141, ...T,.."— - ' -`, - ._ r `�;;. " a 1.'~ �'�' r tr'4' ,E 1, ti$010. ,. r V CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 5, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/ Adopt Resolution Supporting Grant Application to VIII.J. Economic Development Hennepin County Transit Oriented Development Janet Jeremiah/David Lindahl Program Requested Action Move to: Adopt Resolution Supporting Grant Application to Hennepin County Transit Oriented Development Program Synopsis Hennepin County's transit oriented development(TOD)program offers grants and loans for redevelopment area projects that increase ridership along transit corridors and routes. As part of the application requirements, Hennepin County requires a resolution of support from the municipality. Background Hennepin County's TOD Program is an annual funding program that awarded approximately $35 million to over 110 TOD Projects since 2003. This year, $2.2 million is available with no minimum or maximum award amount. If the application is approved and funding is awarded, the City will need to approve participation in a multi jurisdictional agreement with the Hennepin County Housing and Redevelopment Authority. With this application the City is applying for funding for streetscape improvements and multi- modal station access improvements to the Town Center LRT Station. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- A RESOLUTION SUPPORTING A GRANT APPLICATION SUBMITTAL TO HENNEPIN COUNTY'S TRANSIT ORIENTED DEVELOPMENT (TOD) PROGRAM WHEREAS,the City of Eden Prairie, Minnesota(the "City"), desires to apply for infrastructure project funds through Hennepin County's Transit Oriented Development; and WHEREAS,the City of Eden Prairie understands that city staff shall submit to Hennepin County's Housing and Redevelopment Authority, an application for a grant from the Transit- oriented Development Program Funding; and WHEREAS,the City of Eden Prairie held a City Council meeting on February 5, 2018, to consider this matter. NOW, THEREFORE,BE IT RESOLVED that, after due consideration, the Mayor and City Manager of the City of Eden Prairie, Minnesota, hereby express their approval of city staff to apply for an infrastructure project award from Hennepin County's Transit Oriented Development Program. ADOPTED by the City Council of the City of Eden Prairie this 5th day of February, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 5, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/ Approve Professional Services Agreement with VIII.K. Planning Houseal Lavigne Associates for the Aspire Eden Janet Jeremiah/Julie Klima Prairie 2040 Comprehensive Plan Update Requested Action Move to: Approve Professional Services Agreement with Houseal Lavigne Associates for the Aspire Eden Prairie 2040 Comprehensive Plan Update. Synopsis This Professional Services Agreement will provide the second phase of document preparation and formal review process services for the Aspire Eden Prairie 2040 Comprehensive Plan update. Background Information The City has been working with Houseal Lavigne Associates throughout 2017 on the Aspire Eden Prairie 2040 Comprehensive Plan Update. This professional services agreement is the second and final phase of the project. The scope of work includes completing the draft elements of the Comprehensive Plan update, preliminary review with the Metropolitan Council and formal review process and final adoption with the City of Eden Prairie and the Metropolitan Council. Financial Implications The Professional Services Agreement with Houseal Lavigne Associates includes a cost not to exceed $63,600. This work is anticipated to be completed by the end of 2018. Attachments • Professional Services Agreement • Scope of Work • Timeline 2017 06 01 Agreement for Professional Services This Agreement ("Agreement") is made on the 5th day of February, 2018, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Houseal Lavigne Associates, LLC an Illinois Limited Liability Company (hereinafter "Consultant"), whose business address is 188 Randolph Street, Suite 200, Chicago, IL 60601. 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 Aspire Eden Prairie 2040 Comprehensive Plan Update 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. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from February 5, 2018 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 $63,600 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. Version 2017 06 01 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) Page 2 of 10 2017 06 01 amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant shall designated John Houseal and Nik Davis 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 Project Manager 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. 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. 9. 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 Page 3 of 10 2017 06 01 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. 10. 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. 11. 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 $1,000,000 property damage and bodily Liability 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 Page 4 of 10 2017 06 01 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 Liability policies, Automobile Liability policies and Umbrella policies 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. Page 5 of 10 2017 06 01 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. 1. It shall be Consultant's responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-,unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt 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 Page 6 of 10 2017 06 01 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. 12. 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. 13. 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. 14. 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 Page 7 of 10 2017 06 01 settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 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. 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. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. 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. Page 8 of 10 2017 06 01 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. 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. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A 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. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. 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. 29. Statutory Provisions. a. Audit Disclosure. 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. Page 9 of 10 2017 06 01 b. Data Practices. Any reports, information, or data in any form 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. 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. 30. 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. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONSULTANT Houseal Lavigne Associates By: // Its: Principal I Co-Founder Page l0 of l 0 2017 06 01 Eden Prairie Comprehensive Plan SCOPE OF WORK — Phase 2 The proposed scope of work provided below folds in the additional efforts needed to complete the Aspire 2040 Comprehensive Plan for submittal to the Metropolitan Council by the end of 2018. Draft Comprehensive Plan Document Draft Comprehensive Plan Document A draft Comprehensive Plan document will be prepared for local review and consideration based on the results of Phases 1-6 and drafts of the plan chapters that have been developed up to this point.The draft Comprehensive Plan document will include revised subarea plans and community-wide plan chapters. Staff Review(February—March 2018) Prior to presenting the Draft Comprehensive Plan to the City Council,the Plan will be distributed to City staff for review.The Plan will be modified based on staff review. Preliminary review and consultation with the Metropolitan Council will be ongoing throughout the drafting and review process prior to formal submittal. City Council Working Session (March 2018) A working session will be conducted with the City Council, and appropriate Boards and Commissions,to review and discuss high-level plan recommendations from the draft Comprehensive Plan that will inform the next steps including plan revisions and Implementation Strategy development. Implementation Strategy Based on feedback from the client and the City Council Workshop on plan recommendations an Implementation Strategy will be prepared which will describe the actions required to carry out the new Comprehensive Plan, including recommendations regarding zoning and other regulations, priority improvement projects and redevelopment sites, CIP, potential funding sources and implementation techniques,timing and prioritization, metrics and performance indicators, and general administration and follow-up to the Plan.Although the implementation could be a standalone element/chapter, another approach would be to imbed implementation recommendations and strategies directly into each of the specific plan elements,thereby keeping related plan content together in each chapter. Staff Review Prior to presenting the Draft Comprehensive Plan and Implementation Strategy section to the City Council, the Plan will be distributed to City staff for review and comment.The Plan will be modified based on staff review. Surrounding Jurisdiction Review(May-October 2018) After receiving comments from staff,the Comprehensive Plan will be distributed to surrounding municipalities for review and comment. City Council Working Session (May 2018) A working session will be conducted with the City Council, and appropriate Boards and Commissions,to review and discuss the revised draft Comprehensive Plan and Implementation Strategy section before proceeding to the public hearing. DRAFT-Houseal Lavigne Associates—Eden Prairie,MN— 1/16/2018 1 Final Comprehensive Plan Document & Adoption Final Comprehensive Plan Document The final Comprehensive Plan will include all text recommendations, plan graphics, and supporting illustrations in a formatted layout delivered as a PDF. Final Comprehensive Plan Document to Plan Commission and City Council (Public Hearing/Presentation) The consultant will present the Final Comprehensive Plan to the Plan Commission and City Council for public hearing.The Public Hearing provides an opportunity for residents and the community at-large to comment on the Plan and its recommendations prior to its adoption. Based on review and discussion, and based on public feedback during the public hearing, a revised Comprehensive Plan will be prepared for recommendation to the City Council. Metropolitan Council Presentation and Approval The Draft Comprehensive Plan will be presented to the Metropolitan Council for consideration and adoption. Final Comprehensive Plan Adoption The consultant will present the Final Comprehensive Plan to the City Council for consideration and adoption. BUDGET — Phase 2 Hourly Rates Houseal Lavigne Associates Hourly Rates Principal $160 Principal Associate $135 Senior Associate $125 Associate $110 Administrative $65 Proposed Budget Total Cost Not to Exceed $63,600 DRAFT-Houseal Lavigne Associates—Eden Prairie,MN— 1/16/2018 2 PROJECT TIMELINE PHASE 2 Eden Prairie Comprehensive Plan Description Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Draft Comprehensive Plan Document Draft Comprehensive Plan Document Staff Review City Council Working Session Implementation Strategy Staff Review Surrounding Jurisdiction Review City Council Working Session Final Comprehensive Plan Document&Adoption Final Comprehensive Plan Document Final Comprehensive Plan Document to Plan Commission and City Council Metropolitan Council Presentation and Approval • Final Comprehensive Plan to City Council for Adoption Key Denotes the estimated timeline for each individual task. ■Denotes meetings to be conducted by Project Team. ■Denotes products to be delivered by Project Team. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 5, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Fire Department Resolution for Fire Relief Association Legislative VIILL. Authorization Requested Action Move to: Adopt the Resolution supporting the Eden Prairie Fire Relief Association's efforts to seek legislation that increases the lump sum pension payout cap of$10,000 per year of service to a maximum of$15,000 per year of service. Synopsis The EPFRA is requesting the support of the City Council to seek legislation that would increase the current lump sum pension payout cap of$10,000 per year of service to $15,000 per year of service. By supporting an increase above the current$10,000 limit, the City Council would not be increasing their existing liability exposure nor would the Council be automatically supporting a change to the existing By-Laws of the EPFRA. The EPFRA board of trustees believes increasing the current cap of$10,000 would encourage future eligible retirees to more seriously consider taking the defined benefit lump sum payout vs. the monthly defined benefit payout. More retirees opting for the lump sum would help reduce the total plan liability over the long term. Background Information The EPFRA is at the existing lump sum limit of$10,000 and is unable to make lump sum increases without first receiving legislative approval to have the cap increased. If the legislature increases the cap, any future lump sum increases would have to be approved by the EPFRA membership and the City Council, and would be supported by actuarial assumptions. The Office of the State Auditors - Fire Relief Association Working Group supported this initiative via a unanimous vote on 1/31/2018. This is the third year this initiative would be included in the omnibus pension bill. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- _ RESOLUTION SUPPORTING THE EDEN PRAIRIE FIRE RELIEF ASSOCIATION BOARD OF DIRECTORS' EFFORTS TO SEEK LEGISLATION INCREASING THE LUMP SUM CAP TO $15,000 PER YEAR OF SERVICE. WHEREAS,MN Statute 424A.02 Subd. 3(d) sets a lump sum pension payout cap of $10,000 for Fire Relief Association retirees; and WHEREAS, increasing the cap would allow Eden Prairie Fire Relief Association to consider raising lump sum payouts to more closely match monthly defined benefits; and WHEREAS, such a change in the lump sum payout cap would encourage more retirees to consider choosing the lump sum payout; and WHEREAS,having more retirees choose the lump sum payout would help reduce Fire Relief Associations' total plan liability over the long term. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota, that the City Council hereby supports the efforts of the Eden Prairie Fire Relief Association Board of Trustees to seek legislation increasing the lump sum pension payout cap to $15,000 per year of service. ADOPTED by the City Council of the City of Eden Prairie, Minnesota this 5th day of February, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims February 05, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Payment of Claims City Manager/Finance X. Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 258225 - 258678 Wire Transfers 1018898 - 1019058 Wire Transfers 6432 — 6455 Purchasing Card 6447 City of Eden Prairie Council Check Summary 2/5/2018 Division Amount Division Amount 29,153 308 E-911 224 100 City Manager 93 309 DWI Forfeiture 21 101 Legislative 35,207 315 Economic Development 6,333 102 Legal Counsel 20,504 445 Cable PEG 1,491 110 City Clerk 156 502 Park Development 1,514 111 Customer Service 10,667 509 CIP Fund 139,220 112 Human Resources 200 522 Improvement Projects 2006 8,470 113 Communications 10,615 527 CIP-Leasing Costs 1,702 114 Benefits&Training 10,197 537 Town Center Station 80,201 130 Assessing 986 804 100 Year History 135 131 Finance 595 Total Capital Projects Fund 239,311 132 Housing and Community Services 22,875 133 Planning 17,020 601 Prairie Village Liquor 145,843 136 Public Safety Communications 3,459 602 Den Road Liquor 323,161 138 Community Development Admin. 375 603 Prairie View Liquor 178,167 151 Park Maintenance 23,081 605 Den Road Building 2,353 153 Organized Athletics 5,768 701 Water Enterprise Fund 171,308 154 Community Center 30,528 702 Wastewater Enterprise Fund 3,992 156 Youth Programs 7,852 703 Stormwater Enterprise Fund 17,594 157 Special Events 223 Total Enterprise Fund 842,417 158 Senior Center 3,635 159 Recreation Administration 418 802 494 Commuter Services 34,290 160 Therapeutic Recreation 76 803 Escrow Fund 149,145 162 Arts 2,217 806 SAC Agency Fund 9,940 163 Outdoor Center 3,175 807 Benefits Fund 1,151,464 168 Arts Center 1,277 809 Investment Fund 9,146 180 Police 47,540 811 Property Insurance 118,419 184 Fire 45,065 812 Fleet Internal Service 106,034 186 Inspections 1,590 813 IT Internal Service 208,610 200 Engineering 3,408 814 Facilities Capital ISF 19,442 201 Street Maintenance 97,398 815 Facilites Operating ISF 45,961 202 Street Lighting 72,198 816 Facilites City Center ISF 90,626 Total General Fund 507,551 817 Facilites Comm.Center ISF 124,655 Total Internal Svc/Agency Fund 2,067,732 301 CDBG 64,700 303 Cemetary Operation 16 Report Total 5,963,483 312 Recycle Rebate 1,750 Total Special Revenue Fund 66,466 440 GO Penn Impr Ref Bonds 2011D 525 443 2012C GO Penn Impr Ref Bonds 1,508,600 446 2014A G.O.TAX ABATEMENT BONDS 730,881 Total Debt Service Fund 2,240,006 2/1/2018 16:05:17 Page- 1 City of Eden Prairie Council Check Register by GL 2/5/2018 Check# Amount Supplier/Explanation Account Description Business Unit Comments 6440 2,239,481 WELLS FARGO BANK MINNESOTA NA Interest 2014A G.O.TAX ABATEMENT BONDS Wells Fargo Bond pymts 6445 269,253 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Ultimate Payroll taxes PR ending 01.05.18 6455 256,145 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Ultimate Payroll taxes PR ending 01.19.18 6451 174,600 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR period ending 01.05.18 6439 167,932 SELECT ACCOUNT HSA-Employer Health and Benefits Select HSA 6441 166,161 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR period ending 12.22.17 258675 151,796 XIGENT SOLUTIONS LLC Other Contracted Services IT Capital SAN upgrade-IT 6438 149,970 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales Tax Dec 2017 258328 131,662 HENNPIN COUNTY RESTITUTION Deposits Escrow Mathew Eric Schultz 27-CR-16-2 258609 115,835 LEAGUE MN CITIES INS TRUST Insurance Property Insurance Property Ins 3rd installment 1018992 101,206 XCEL ENERGY Electric Outdoor Center Electric multiple locations 258354 80,201 METRO TRANSIT Design&Engineering Town Center Station 1018980 74,301 MINNESOTA DIRT WORKS INC Improvements to Land Capital Maint.&Reinvestment 1019057 71,648 XCEL ENERGY Gas Street Lighting 6447 69,943 US BANK Repair&Maint.Supplies Utility Operations-General 258474 66,781 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 258545 56,630 BURNSVILLE TOYOTA Autos Fleet-Fire 258563 42,500 DEPARTMENT OF CORRECTIONS Other Contracted Services Street Maintenance 258341 40,952 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 258676 31,100 LANDMARK REMODELING LLC Other Contracted Services Rehab 258499 30,989 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 258296 29,379 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 1019031 28,217 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 258605 27,794 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 258302 27,775 COMPASS MINERALS AMERICA,INC Salt Snow&Ice Control 1018934 26,510 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 258668 25,617 VALLEY RICH CO INC Equipment Repair&Maint Water Distribution 6452 25,145 EMPOWER Deferred Compensation Health and Benefits 258295 25,000 BURNET TITLE Refunds CDBG-Public Service 6442 24,856 EMPOWER Deferred Compensation Health and Benefits 258497 24,600 SENTINEL MN LLC Capital Under$25,000 Capital Maint.&Reinvestment 258524 22,767 ABM ONSITE SERVICES-MIDWEST Janitor Service City Hall-CAM 258669 22,546 VIDEOTRONIX INC Operating Supplies Capital Maint.&Reinvestment 258630 21,541 NAC Contract Svcs-Plumbing Pool Maintenance 258649 21,521 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Other Contracted Services Public Safety Training Facilit 1019037 20,429 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Legal Criminal Prosecution 258447 19,426 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 6443 19,161 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 258395 18,966 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 6453 18,863 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 258472 18,850 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 1018987 18,681 ST CROIX ENVIRONMENTAL INC Other Contracted Services Water Supply(Wells) 258517 17,763 VIDEOTRONIX INC Other Assets Capital Maint.&Reinvestment 258618 17,504 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 258650 16,822 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 258541 16,672 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Den Road Liquor Store 258290 16,317 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 258642 16,317 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 258542 15,932 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 258492 15,192 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 258410 14,540 VERIZON WIRELESS Data Plans-Police IT Operating 258595 14,483 HOUSEAL LAVIGNE ASSOCIATES Other Contracted Services Planning 258619 13,718 METRO CITIES Dues&Subscriptions City Council 6448 13,475 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission 258560 13,156 COMPASS MINERALS AMERICA,INC Salt Snow&Ice Control 258573 12,885 EHLERS&ASSOCIATES INC Deposits TIF-HO Properties 258291 12,793 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 258652 12,786 SOUTHWEST SUBURBAN CABLE COMMISSION Dues&Subscriptions City Council 258338 12,673 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 258321 12,562 GRAYMONT Treatment Chemicals Water Treatment 1019054 11,925 WALL TRENDS INC Contract Svcs-General Bldg Ice Arena Maintenance 258351 11,900 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 258604 11,830 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 6432 11,095 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission 258377 10,891 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 6434 10,150 SELECT ACCOUNT FSA-Dependent Care Health and Benefits 258304 10,000 DISPLAY ARTS Other Contracted Services Water Conservation 1018982 10,000 NOVOTX LLC Software Maintenance IT Operating 6450 9,982 SELECT ACCOUNT HSA-Employee Health and Benefits 1019005 9,903 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 1018990 9,878 WALL TRENDS INC Contract Svcs-General Bldg Ice Arena Maintenance 258355 9,841 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund 258446 9,673 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 258548 9,494 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 258526 9,146 ADVANTUS CAPITAL MANAGEMENT INC Interest Investment Fund 1018926 8,984 ADVANCED ENGINEERING&ENVIRONMENTAL SE Design&Engineering Water Capital 258488 8,600 NORTHLAND MECHANICAL CONTRACTORS Other Contracted Services Rehab 258312 8,400 ETHICAL LEADERS IN ACTION LLC Other Contracted Services Fire 258500 7,992 SOUTHWEST SUBURBAN CABLE COMMISSION Dues&Subscriptions City Council 1018946 7,875 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 258403 7,830 TRACKER Software Maintenance IT Operating 258406 7,566 TYLER TECHNOLOGIES INC Software IT Capital 258481 7,320 MINNESOTA DEPARTMENT OF EMPLOYMENT Unemployment Compensation Organizational Services 258340 7,263 JOHN A DALSIN&SON INC Contract Svcs-Roof Fire Station#4 1019020 7,195 WENCK ASSOCIATES INC OCS-Monitoring Stormwater Non-Capital 258436 6,873 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 258325 6,800 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police 258518 6,629 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 258384 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 258589 6,375 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police 1018940 6,240 JEFFERSON FIRE&SAFETY INC Operating Supplies-Station sup Fire 258381 6,215 PRINTING ENTERPRISES INC Printing Communications 1018993 6,120 ZIEGLER INC Capital Under$25,000 Snow&Ice Control 258635 6,105 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 258380 6,087 PRECISION FINISHING Signs Traffic Signs 258277 5,613 ANOVA Machinery&Equipment Capital Outlay Parks 258344 5,589 KRIS ENGINEERING INC Equipment Parts Fleet Operating 1019033 5,385 EP CONSOLIDATED PROPERTIES LLC TIF Payment TIF-Eden Shores Senior Housing 258280 5,305 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 258414 5,201 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 258621 5,050 MINERAL SERVICE PLUS Equipment Parts Water Treatment 258516 5,004 VERIZON WIRELESS Other Contracted Services IT Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 258498 5,000 SOUTHDALE YMCA YOUTH DEVELOPMENT PROGRAM Other Contracted Services Housing and Community Service 1018939 4,843 HAWKINS INC Treatment Chemicals Water Treatment 258613 4,750 LIFE SUPPORT INNOVATIONS Conference/Training Park Maintenance 258674 4,632 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 258529 4,600 AMERICAN ENGINEERING TESTING INC Testing Improvement Projects 2006 1018913 4,493 MINNESOTA NATIVE LANDSCAPES Landscape Materials/Supp Stormwater Collection 258468 4,492 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 258464 4,397 GRAYMONT Treatment Chemicals Water Treatment 258583 4,358 GRAYMONT Treatment Chemicals Water Treatment 258330 4,173 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 258308 3,875 EDEN PRAIRIE EARLY CHILDHOOD Other Contracted Services Housing and Community Service 258286 3,871 BOLTON&MENK INC Design&Engineering Improvement Projects 2006 258411 3,863 VIDEOTRONIX INC Other Assets Capital Maint.&Reinvestment 258314 3,753 FIRE SAFETY USA INC Equipment Parts Fire 1019024 3,618 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM 258318 3,464 GENERAL OFFICE PRODUCTS COMPANY Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 1018970 3,463 WSB&ASSOCIATES INC Other Contracted Services Capital Maint.&Reinvestment 258611 3,408 LEGACY GYMNASTICS Instructor Service Lesson Skills Development 258533 3,390 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1019019 3,297 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 258319 3,288 GRACE CHURCH CATERING Operating Supplies-Dept Events Fire 258491 3,257 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 258485 3,250 MOVEFWD INC Other Contracted Services Housing and Community Service 258324 3,230 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 258673 3,217 WELSH COMPANIES Other Contracted Services City Center Operations 258420 3,208 FIRST MINNETONKA CITY BANK Deposits 494 Corridor Commission 258515 3,184 VACKER INC Signs Capital Outlay Parks 258376 3,161 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1018928 3,135 ASPEN WASTE SYSTEMS INC. Waste Disposal Utility Operations-General 258345 3,123 LIFE FITNESS Capital Under$25,000 Fitness Center 258363 3,121 MINTAHOE INC Operating Supplies Wine Club/Events 258489 3,116 PARK NICOLLET CLINIC Health&Fitness Fire 258467 3,113 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 1018929 3,098 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 258483 3,003 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 1018932 3,002 CENTERPOINT ENERGY Gas Wastewater Lift Station 258638 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 1019049 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply(Wells) 258334 2,986 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 1018948 2,970 STREICHERS Training Supplies Police 258664 2,967 ULTIMATE SOFTWARE GROUP,THE Ultimate(prey.Ceridian) IT Operating 1018951 2,951 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 258592 2,937 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1018991 2,902 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 258501 2,830 SPACK CONSULTING Deposits Escrow 258285 2,820 BLOOMINGTON,CITY OF Kennel Services Animal Control 1018924 2,630 VAN PAPER COMPANY Tenant 1 -Cleaning Suppli Fitness/Conference-Cmty Ctr 1018969 2,601 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 258610 2,584 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 258527 2,577 ALLINA HEALTH SYSTEM Training Supply-Operating Fire 258509 2,513 TARGETSOLUTIONS LEARNING,LLC Training Supply-Operating Fire 1019023 2,443 ANCHOR PAPER COMPANY Office Supplies Customer Service 6449 2,394 SELECT ACCOUNT FSA-Medical Health and Benefits Check# Amount Supplier/Explanation Account Description Business Unit Comments 258634 2,365 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 258549 2,352 CARVER COUNTY LICENSE CENTER Licenses,Taxes,Fees Fleet Operating 1018925 2,325 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 258577 2,289 FOUNDATION BUSINESS SYSTEMS,LLC Other Contracted Services Stormwater Non-Capital 1019056 2,160 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 258459 2,135 ELECTRICAL INSTALLATION&MAINTENANCE Repair&Maint.Supplies Water Supply(Wells) 258283 2,130 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 258347 2,118 LOMPIAN WINES LLC Liquor Product Received Prairie Village Liquor Store 258482 2,076 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 6446 2,045 SELECT ACCOUNT FSA-Dependent Care Health and Benefits 258289 2,012 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 1018972 1,961 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 258538 1,960 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 258437 1,935 ARVIG Fiber Lease Payments IT Operating 258382 1,930 PUSH PEDAL PULL Capital Under$25,000 Fitness Classes 258356 1,925 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI OCS-Monitoring Stormwater Non-Capital 258653 1,886 SPEEDPRO IMAGING INC Capital Under$25,000 Ice Operations 258417 1,882 CORPORATE TECHNOLOGIES Deposits 494 Corridor Commission 258663 1,877 U.S DEPARTMENT OF AGRICULTURE Other Contracted Services Deer Consultant 1018921 1,859 STRONER,ELIZABETH Tuition Reimbursement/School Police 258628 1,802 MOBILE RADIO ENGINEERING INC Equipment Repair&Maint Public Safety Communications 1019039 1,798 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 258544 1,710 BUREAU OF CRIMINAL APPREHENSION Software Maintenance IT Operating 1019017 1,608 VAN PAPER COMPANY Cleaning Supplies Senior Center 258322 1,594 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 1019027 1,594 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1018950 1,537 WALL TRENDS INC Contract Svcs-Gener Arts Center 258479 1,500 MEALS ON WHEELS Other Contracted Services Housing and Community Service 258532 1,450 ARENA SERVICES AND PRODUCTS Contract Svcs-Ice Rink Ice Arena Maintenance 258276 1,430 AIRGAS USA LLC Supplies-Pool Pool Maintenance 258535 1,430 AT YOUTH PROGRAMS LLC Instructor Service Tennis 1019038 1,407 HANSEN THORP PELLINEN OLSON Other Contracted Services Park Acquisition&Development 1018971 1,396 ANCHOR PAPER COMPANY Office Supplies Police 258383 1,394 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Hall-CAM 258331 1,375 HOMELINE Other Contracted Services Housing and Community Service 258575 1,363 FIRE SAFETY USA INC Equipment Repair&Maint Fire 1019008 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM 6437 1,312 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 258444 1,290 BOUND TREE MEDICAL LLC EMS Supplies Fire 1018903 1,273 BOUNDLESS NETWORK Clothing&Uniforms Facilities Staff 1019036 1,244 GRAINGER Repair&Maint.Supplies Traffic Signals 258465 1,241 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 258431 1,220 YORKTOWN OFFICES Deposits 494 Corridor Commission 258606 1,217 KEEPRS INC. Clothing&Uniforms Fire 258561 1,190 CORE&MAIN Equipment Parts Water Distribution 1018935 1,187 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment 258626 1,168 MN TRANSPORTATION ALLIANCE Dues&Subscriptions Engineering 1018974 1,151 ENVIRONMENTAL PROCESS INC Other Contracted Services Fire Station#3 1018905 1,132 CLAREY'S SAFETY EQUIPMENT Safety Supplies Senior Center Admin 258647 1,098 SIGNSOURCE Printing Arts 258400 1,097 TKO WINES,INC Liquor Product Received Prairie Village Liquor Store 1018931 1,081 CDW GOVERNMENT INC. Software Maintenance IT Operating 1018938 1,079 GRANICUS INC Equipment Repair&Maint Cable PEG Check# Amount Supplier/Explanation Account Description Business Unit Comments 1018986 1,071 SPS COMPANIES Supplies-Plumbing Water Treatment 1018999 1,071 SPS COMPANIES Supplies-Plumbing Water Treatment 258405 1,051 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions 258300 1,026 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 258293 1,026 BROTHERS FIRE PROTECTION Contract Svcs-Plumbing Police City Center 258593 1,017 HOLLMAN INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 258399 1,000 SUSA TREASURER Dues&Subscriptions Utility Operations-General 258677 1,000 BENTON COUNTY SHERIFF'S DEPARTMENT Deposits Escrow 1019041 990 JEFFERSON FIRE&SAFETY INC Operating Supplies-Station sup Fire 258530 975 AMERICAN RED CROSS Other Contracted Services Pool Operations 1018968 960 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 1018936 959 FERRELLGAS Gas Outdoor Center 258346 948 LIONS TAP Fire Prevention Supp-Pub Ed/PF Fire 258450 936 CENTURYLINK Other Broadband Internet IT Operating 258600 932 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 1019055 925 WATSON CO INC,THE Merchandise for Resale Concessions 258349 906 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 258278 900 APPLIANCE OUTLET CENTER Repair&Maint.Supplies Fire Station#1 258646 890 SIGNSOURCE Operating Supplies Ice Operations 258636 888 PITNEY BOWES Other Rentals Customer Service 1018944 882 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store 258389 875 SAFETY SIGNS Equipment Repair&Maint Water Distribution 258350 874 MAILMANAGER LTD Software Engineering 1018911 865 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 258551 862 CENTURYLINK Equipment Repair&Maint Stormwater Collection 258422 852 LEAGUE OF MINNESOTA CITIES Deposits 494 Corridor Commission 258364 841 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 258478 837 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 258408 824 UNIVERSITY OF MINNESOTA,VMC Canine Supplies Police 258576 810 FISCHER MINING LLC Landscape Materials/Supp Street Maintenance 258494 798 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 258659 790 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 258282 788 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 258607 778 KENDELL DOORS&HARDWARE INC Supplies-Security Facilities Staff 1019028 772 BIFFS INC Waste Disposal Park Maintenance 258396 768 STAPLES ADVANTAGE Office Supplies Customer Service 258378 760 PINE PRODUCTS INC Landscape Materials/Supp Street Maintenance 258507 758 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 258368 747 NAC Contract Svcs-Plumb Fire Station#4 258486 747 NAC Contract Svcs-Plumbing Fire Station#3 258473 743 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 258614 729 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 258440 725 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 258496 724 SAICE ERIK P&R Refunds Community Center Admin 258427 708 PRESSWRITE PRINTING INC Deposits 494 Corridor Commission 258539 694 BMI GENERAL LICENSING Licenses,Taxes,Fees Arts 1018942 689 MENARDS Small Tools Fire 258588 683 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 258456 680 DOMACE VINO Liquor Product Received Den Road Liquor Store 1018922 677 TOLL GAS AND WELDING SUPPLY Operating Supplies Fleet Operating 258448 676 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1019040 667 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment 258401 663 T-MOBILE USA Other Contracted Services Police Check# Amount Supplier/Explanation Account Description Business Unit Comments 258640 661 PRODUCT DEVELOPMENT MACHINE INC Liquor Product Received Prairie Village Liquor Store 258333 660 IDEA CREEK LLC,THE Operating Supplies Fire 258297 660 CENTURYLINK Telephone IT Telephone 1019011 660 ONE CALL NOW Other Contracted Services Street Maintenance 258463 637 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 258361 636 MINNESOTA STATE FIRE CHIEFS ASSN Dues&Sub-Memberships Fire 258418 631 EMPLOYER SERVICES STAFFING GROUP Deposits 494 Corridor Commission 258360 621 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 258462 617 FLEET MAINTENANCE INC Equipment Parts Fleet Operating 1019045 613 MOOD MEDIA Other Contracted Services Den Road Liquor Store 258513 611 TYLER TECHNOLOGIES INC Software IT Capital 1019051 603 STREICHERS Clothing&Uniforms Police 1019035 595 GOVERNMENT FINANCE OFFICERS ASSN Dues&Subscriptions Finance 1019014 585 R&R SPECIALTIES OF WISCONSIN INC Repair&Maint-Ice Rink Ice Arena Maintenance 258421 585 GRUBER ACCOUNTING Deposits 494 Corridor Commission 258443 585 BLUE TARP FINANCIAL INC Operating Supplies Street Maintenance 258543 560 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Ice Arena Maintenance 258594 556 HOTSY MINNESOTA Equipment Repair&Maint Fleet Operating 1019013 555 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1018953 555 ZARNOTH BRUSH WORKS INC. Equipment Repair&Maint Park Maintenance 1019015 543 THE OASIS GROUP Employee Assistance Organizational Services 1019044 541 MENARDS Operating Supplies Fleet Operating 1018947 541 SPS COMPANIES Supplies-HVAC Park Shelters 258643 536 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie View Liquor Store 1018973 536 DAIKIN APPLIED Supplies-HVAC City Hall-CAM 1018996 536 DAIKIN APPLIED Supplies-HVAC City Hall-CAM 1018916 528 PROSOURCE SUPPLY Cleaning Supplies Fitness/Conference-Cmty Ctr 1019002 526 BERRY COFFEE COMPANY Merchandise for Resale Concessions 258412 525 WELLS FARGO BANK MINNESOTA NA Paying Agent GO Penn Impr Ref Bonds 2011D 258662 520 TM STATE BOBCAT INC. Landscape Materials/Supp Street Maintenance 258442 520 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 258540 518 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 258320 511 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 1018955 509 BERRY COFFEE COMPANY Merchandise for Resale Concessions 258528 500 AMAZING ATHLETES OF SOUTHWEST METRO Instructor Service Preschool Events 258615 500 MACDONALD&MACK ARCHITECTS LTD Other Contracted Services Heritage Preservation 258678 500 FOCI MINNESOTA CENTER FOR GLASS ARTS Special Event Fees Arts Center 258445 493 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 258665 489 UNITED WAY Charitable Contributions Health and Benefits 1018930 487 RIFFS INC Waste Disposal Park Maintenance 258559 486 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 1018919 478 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 6454 468 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 258466 465 GS DIRECT Operating Supplies Engineering 258546 464 CALIFORNIA CONTRACTORS SUPPLIES INC Clothing&Uniforms Utility Operations-General 1019022 463 AMERITRAK Other Contracted Services Snow&Ice Control 6444 462 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 258502 462 SPORTS UNLIMITED Instructor Service Camps 258641 459 PROP-DO NOT USE Charitable Contributions Health and Benefits 1018959 457 DAILEY DATA&ASSOCIATES Software/Hardware Maint. Den Road Liquor Store 258335 451 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 258432 450 JAMES JEFF Operating Supplies Fire 1018927 449 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 258587 448 HENNEPIN COUNTY FIRE CHIEF ASSOCIATION Dues&Sub-Cert&Licensing Fire 1018983 448 PRAIRIE ELECTRIC COMPANY Supplies-HVAC City Hall-CAM 258632 446 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 1018945 446 PRAIRIE ELECTRIC COMPANY Capital Under$25,000 Fleet Operating 258451 446 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 258292 433 BROCK WHITE COMPANY LLC Operating Supplies Street Maintenance 258671 429 WATER CONSERVATION SERVICES INC OCS-Utility Locates Water Distribution 1018957 424 CARLSTON,BRANDON Travel Expense Police 258342 420 KAISER,DAVID S Operating Supplies Gymnasium(CC) 258370 418 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Fleet Operating 258402 412 TOUCHPOINT LOGIC LLC Equipment Repair&Maint Cable PEG 258316 410 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 258514 396 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 258567 396 EAU CLAIRE BREWING PROJECT THE LLC Liquor Product Received Prairie Village Liquor Store 258571 396 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 1019025 392 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 258460 390 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store 258438 384 ASPEN MILLS Clothing&Uniforms Police 258599 381 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1019034 379 FACTORY MOTOR PARTS COMPANY Lubricants&Additives Fleet Operating 258629 378 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 258392 370 SIGNSOURCE Signs Recreation Admin 258398 365 SUPERVALU P&R Refunds Community Center Admin 258572 365 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 258367 355 MUEHLBAUER,THOMAS G Other Contracted Services Community Band 1018958 351 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance 1018994 351 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance 258484 351 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 258602 350 ITERIS INC Other Contracted Services Snow&Ice Control 258449 347 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Health and Benefits 1018909 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 258503 345 STAPLES ADVANTAGE Office Supplies Customer Service 1018917 341 QUALITY PROPANE Motor Fuels Fleet Operating 1019004 336 FASTENAL COMPANY Equipment Parts Fleet Operating 258564 335 DODGE OF BURNSVILLE Equipment Repair&Maint Fleet Operating 258582 335 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 258343 334 KEEPRS INC. Clothing&Uniforms Fire 258441 330 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 258323 330 GYM WORKS Equipment Repair&Maint Fitness Center 258552 329 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 258407 318 UNIVERSAL ATHLETIC SERVICES INC Awards Touch Football 258565 316 DOMACE VINO Liquor Product Received Den Road Liquor Store 258409 315 VAN DUSEN JIM P&R Refunds Community Center Admin 258470 315 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 1018933 312 CONCRETE CUTTING&CORING INC Equipment Repair&Maint Park Maintenance 1018902 311 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1019052 309 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 258415 306 WORKS COMPUTING INC Hardware-Rpr&Mtc IT Operating 258394 300 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Training Supply-Operating Fire 258522 300 STEARNS COUNTY SHERIFF'S DEPARTMENT Deposits Escrow 258625 300 MN DEPT.OF LABOR AND INDUSTRY Licenses,Taxes,Fees Water Treatment 258274 290 ABLE SEEDHOUSE AND BREWERY Liquor Product Received Den Road Liquor Store 258531 290 ANAGRAM INTERNATIONAL City Building Rental City Center Operations Check# Amount Supplier/Explanation Account Description Business Unit Comments 1018963 289 GREENSIDE INC Contract Svcs-Snow Removal City Hall-CAM 1019058 285 ZIEGLER INC Equipment Parts Fleet Operating 258612 285 LEIFELD FRAMING Operating Supplies Police 258303 279 DELEGARD TOOL CO Small Tools Fleet Operating 258476 274 KEEPRS INC. Clothing&Uniforms Fire 258305 268 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 1018978 263 KIDCREATE STUDIO Instructor Service Water Conservation 258348 262 LUBE-TECH ESI Equipment Repair&Maint Fleet Operating 258633 261 PANOCAM LLC Rebates Water Conservation 258373 260 OUTDOOR ENVIRONMENTS INC Landscape Materials/Supp Street Maintenance 258620 250 MID-STATES ORGANIZED CRIME INFO CENTER Dues&Subscriptions Police 1019046 250 PRAIRIE ELECTRIC COMPANY Contract Svcs-HVAC Public Works/Parks 258317 249 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 258550 245 CENTURYLINK Other Broadband Internet IT Operating 258309 245 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions Police 1019042 243 KIDCREATE STUDIO Instructor Service Arts Center 258547 240 CANNON RIVER WINERY Liquor Product Received Prairie View Liquor Store 258294 238 BUCKEYE CLEANING CENTERS Operating Supplies-Station sup Fire 258667 234 URBAN CHEMIST LLC Liquor Product Received Prairie Village Liquor Store 258435 234 ALLIED GENERATORS Contract Svcs-Fire/Life/Safe Fire Station#2 1018961 233 FASTENAL COMPANY Operating Supplies Fleet Operating 258534 229 ASPEN MILLS Clothing&Uniforms Animal Control 258581 225 GOPHER STATE ONE-CALL OCS-Leak Detection Utility Operations-General 258627 225 MNIAI Dues&Subscriptions Police 1018964 224 IRMITER,JESSE Travel Expense Police 1018954 221 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 258580 219 G&K SERVICES-MPLS INDUSTRIAL Operating Supplies Park Maintenance 258454 218 DIRECTV Cable TV Community Center Admin 1018976 217 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 1018998 217 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 1018937 214 GRAINGER Repair&Maint.Supplies Water Treatment 258555 213 COMCAST Cable TV Fire 1018985 211 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies-HVAC City Hall-CAM 1018966 207 PETERSON,DANIEL J Travel Expense Police 1018941 204 KIDCREATE STUDIO Instructor Service Arts Center 258307 201 E A SWEEN COMPANY Merchandise for Resale Concessions 258495 200 ROBINSON COLIN Building Materials Outdoor Center 258511 199 TKO WINES,INC Liquor Product Received Den Road Liquor Store 258586 199 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 258568 198 EDEN PRAIRIE CHAMBER OF COMMERCE Dues&Subscriptions Prairie View Liquor Store 258569 198 EDEN PRAIRIE CHAMBER OF COMMERCE Dues&Subscriptions Den Road Liquor Store 258570 198 EDEN PRAIRIE CHAMBER OF COMMERCE Dues&Subscriptions Prairie Village Liquor Store 258429 194 US BANK Deposits 494 Corridor Commission 258452 190 COMCAST Other Broadband Internet IT Operating 258369 185 NEGOCE LLC Liquor Product Received Den Road Liquor Store 258666 184 UNIVERSAL ATHLETIC SERVICES INC Awards Volleyball 1018899 182 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store 258654 182 STAPLES ADVANTAGE Office Supplies Customer Service 258362 181 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Prairie Bluff Conservation 258658 180 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1018981 180 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 258311 180 ENKI BREWING COMPANY INC Liquor Product Received Prairie Village Liquor Store 6436 180 VANCO SERVICES Bank and Service Charges Wastewater Accounting Check# Amount Supplier/Explanation Account Description Business Unit Comments 6433 180 OPTUM HEALTH Other Contracted Services Health and Benefits 1018975 179 GRAINGER Small Tools Fitness/Conference-Cmty Ctr 258670 179 WARNING LITES Operating Supplies Traffic Signs 1018898 178 ADAMS PEST CONTROL INC Contract Svcs-Pest Control City Hall-CAM 258661 176 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 258644 175 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 258288 173 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 258623 172 MINNESOTA TROPHIES&GIFTS Operating Supplies Recreation Admin 258386 170 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store 1019000 169 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store 1019006 168 JOHNSTONE SUPPLY Supplies-HVAC Water Treatment 258279 166 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 1018915 166 PERRY NICHOLAS L Mileage&Parking Tree Disease 258326 164 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 258578 164 FREEVEND TECHNICAL SERVICES Equipment Repair&Maint Concessions 1018979 164 MENARDS Building Materials Fire 1018960 163 DUPONT,BRENT Travel Expense Police 1018962 163 GEIS,ROB Travel Expense Police 1018965 163 KUFFEL,RYAN Travel Expense Police 258284 162 BLOOMINGTON SECURITY SOLUTIONS Operating Supplies Skating Rinks/Warming Houses 1019032 162 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 258453 160 CONTINENTAL SAFETY EQUIPMENT Repair&Maint-Ice Rink Ice Arena Maintenance 258298 160 CHANKASKA CREEK RANCH&WINERY,LLC Liquor Product Received Den Road Liquor Store 1018997 159 ENVIRONMENTAL PROCESS INC Other Contracted Services Fire Station#3 258566 158 EARL F ANDERSEN INC Signs Traffic Signs 258423 157 MADISON,MELISSA Deposits 494 Corridor Commission 258608 156 LANO EQUIPMENT INC Equipment Parts Fleet Operating 258651 156 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk 258591 153 HENNEPIN COUNTY TREASURER Licenses,Taxes,Fees Concessions 1018912 151 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 258458 150 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Communications 258597 150 IACP Dues&Subscriptions Police 1019053 150 USA SECURITY Maintenance Contracts Utility Operations-General 258536 150 AUTO ELECTRIC OF BLOOMINGTON INC Equipment Parts Fleet Operating 258375 149 PARK SUNG P&R Refunds Community Center Admin 258287 145 BORN ALBERT&BRENDA Rebates Water Conservation 258379 144 PK BLOODY MARY CORP Liquor Product Received Den Road Liquor Store 1019050 143 STERICYCLE INC Other Contracted Services Police 258480 143 MINNESOTA CHIEFS OF POLICE ASSOC Dues&Subscriptions Police 258525 141 ACTIVAR PLASTIC PRODUCTS GROUP INC Repair&Maint.Supplies Water Treatment 1019007 138 KRUEGER,MARK Operating Supplies Reserves 258254 138 MIELKE DAVE AR Utility Water Enterprise Fund 258579 135 FRESHWATER SOCIETY Conference/Training Street Maintenance 1018988 130 STREICHERS Clothing&Uniforms Police 258457 129 E A SWEEN COMPANY Merchandise for Resale Concessions 1018923 122 TYRA-LUKENS,NANCY Mileage&Parking City Council 1019012 120 PRINTERS SERVICE INC Repair&Maint-Ice Rink Ice Arena Maintenance 258672 118 WAYTEK INC Equipment Parts Fleet Operating 258590 118 HENNEPIN COUNTY RESIDENT&REAL ESTATE Software Maintenance IT Operating 258371 116 OMEGA INDUSTRIES Operating Supplies Park Maintenance 258416 116 COMCAST Deposits 494 Corridor Commission 1018967 114 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 258352 112 MEIER HEIDI Rebates Water Conservation Check# Amount Supplier/Explanation Account Description Business Unit Comments 258273 112 ZIKNER SHIMON AR Utility Water Enterprise Fund 258430 108 VERIZON WIRELESS Telephone Police 258434 107 AIM ELECTRONICS Contract Svcs-Pool Pool Maintenance 1018908 107 GOODIN COMPANY Supplies-HVAC Fitness/Conference-Cmty Ctr 1018943 106 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 258385 105 RINK SYSTEMS INC Repair&Maint-Ice Rink Ice Arena Maintenance 1018952 105 WM MUELLER AND SONS INC Landscape Materials/Supp Street Maintenance 258235 105 HANLINE,CHRIS AR Utility Water Enterprise Fund 258469 103 HOTSY MINNESOTA Equipment Repair&Maint Fleet Operating 258553 100 COMCAST Cable TV Fire 1019048 100 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 258281 100 BATES CHERYL Rebates Water Conservation 258310 100 EKERN BRYAN Rebates Water Conservation 258329 100 HOFFER,LINDA Rebates Water Conservation 258390 100 SCHNEIDER TOM Rebates Water Conservation 258584 100 GROSEN JENNIFER Rebates Water Conservation 258596 100 IAAI Dues&Sub-Cert&Licensing Fire 258645 100 SCW WIM INC Licenses,Taxes,Fees Fitness Classes 258657 100 STATE OF MINNESOTA DEPT OF PUBLIC SAFETY Licenses,Taxes,Fees Water Treatment 258264 100 RACIUS TOMAS AR Utility Water Enterprise Fund 1019018 98 VERLEY,VALERIE Mileage&Parking Community Center Admin 258391 96 SHRED RIGHT Waste Disposal City Center Operations 6435 95 MONEY MOVERS INC Other Contracted Services Community Center Admin 258263 95 POTTEBAUM JOHN AR Utility Water Enterprise Fund 258425 94 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 258433 94 ACME TOOLS Small Tools Park Maintenance 1019029 93 BOBBY&STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair&Maint Police 1019021 92 ADVANCED ENGINEERING&ENVIRONMENTAL SE Design&Engineering Water Capital 258258 89 NORGREN LORI AR Utility Water Enterprise Fund 1019001 85 BATTERIES PLUS Equipment Parts Fleet Operating 258660 84 TALKPOINT TECHNOLOGIES INC Equipment Repair&Maint E-911 Program 1019047 83 PREMIUM WATERS INC Operating Supplies-Water Fire 258232 82 CHURCHILL HELEN AR Utility Water Enterprise Fund 1018977 80 JANEX INC Janitor Service Fitness/Conference-Cmty Ctr 258228 76 BERGSTROM BEVERLY AR Utility Water Enterprise Fund 1019009 76 METROPOLITAN FORD Equipment Parts Fleet Operating 258358 75 MINNESOTA AMBULANCE ASSOCIATION Dues&Sub-Memberships Fire 258616 75 MADDEN,GALANTER,HANSEN LLP Legal Legal Council 258648 75 SOLOVY MICHAEL Rebates Water Conservation 258365 73 MORIN PAUL&BARB Rebates Water Conservation 258601 73 INTERTECH INC Contract Development IT Operating 258471 72 ISD 917 Special Event Fees Red Hat 258637 72 PK BLOODY MARY CORP Liquor Product Received Prairie View Liquor Store 1019010 70 MITTELSTADT,SCOTT Tuition Reimbursement/School Police 258255 69 MOEHRL CHRISTOPHER AR Utility Water Enterprise Fund 258455 67 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 258428 66 SHAY CONSTRUCTION Deposits 494 Corridor Commission 258271 66 WOOD,DONALD AR Utility Water Enterprise Fund 258267 65 VORA TUSHAR AR Utility Water Enterprise Fund 258439 65 ASWM Dues&Subscriptions Stormwater Non-Capital 258253 64 MAYCLIN MELVA AR Utility Water Enterprise Fund 258374 63 PAPCO INC Cleaning Supplies Fitness/Conference-Cmty Ctr 258508 60 SYWNE DAVID Other Revenue Historical Culture Check# Amount Supplier/Explanation Account Description Business Unit Comments 258574 60 FILIPPI FLIP League Fees Community Center Admin 1018910 60 KRUEGER,MARK Clothing&Uniforms Reserves 258461 59 FIRE SAFETY USA INC Equipment Parts Fleet Operating 258631 59 OLSON,ROBERT Mileage&Parking Police 258275 58 ACE TRAILER SALES Equipment Repair&Maint Fleet Operating 1019003 57 CARLSTON,BRANDON Clothing&Uniforms Police 1018989 54 UPS Postage Fire 258397 52 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 258332 50 HURST COLLEEN Rebates Water Conservation 258336 50 INGBER KATE Rebates Water Conservation 258337 50 JACKETT DAVID Rebates Water Conservation 258419 50 FINE LINE FURNITURE Deposits 494 Corridor Commission 1019026 50 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 1018906 50 CUSTOM HOSE TECH Equipment Parts Fleet Operating 258387 50 ROSEMOUNT SAW&TOOL CO Equipment Repair&Maint Fleet Operating 258339 49 JOE,ALLAN Rebates Water Conservation 258512 49 TUSHIE DAVID Rebates Water Conservation 258251 49 LOSSING,TAMMY AR Utility Water Enterprise Fund 258237 48 HELLING RICKY AR Utility Water Enterprise Fund 258562 47 CUB FOODS EDEN PRAIRIE Clothing&Uniforms Reserves 258617 45 MAMA Dues&Subscriptions Administration 1018984 45 QUICKSILVER EXPRESS COURIER Printing Community Center Admin 258233 44 DOURGARIAN DAVID AR Utility Water Enterprise Fund 258229 43 BRIGHT TERRY AR Utility Water Enterprise Fund 258404 41 TRUE BRANDS Liquor Product Received Prairie Village Liquor Store 1018918 41 RAHIMI,RENEE Tuition Reimbursement/School Fitness Classes 1018901 40 BAYER MARISA Mileage&Parking Community Development Admin. 258306 40 DUCHARME RICK Clothing&Uniforms Facilities Staff 1018904 40 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 258240 39 IBIS RODNEY AR Utility Water Enterprise Fund 258424 39 MEREDITH KATE Deposits 494 Corridor Commission 1018907 39 FASTENAL COMPANY Safety Supplies Fleet Operating 258246 39 KRISHNAMURTHI ASHOK AR Utility Water Enterprise Fund 258639 39 PRAIRIE LAWN AND GARDEN Equipment Parts Street Maintenance 258598 35 IEDITWEB INC Contract Svcs-Garden Romm Garden Room Repairs 1019043 33 LANDS END CORPORATE SALES Clothing&Uniforms Police 258523 32 440400-NCPERS MINNESOTA PERA Health and Benefits 258622 32 MINNESOTA DEPT OF HEALTH Licenses,Taxes,Fees Water Treatment 1018900 32 BATTERIES PLUS Supplies-Electrical Arts Center 258236 32 HEDLUND MAXINE AR Utility Water Enterprise Fund 1018920 32 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint.Supplies Richard T.Anderson Cons.Area 258231 32 CHIRPICH DIANE AR Utility Water Enterprise Fund 258238 31 HILBORN TIMOTHY AR Utility Water Enterprise Fund 1018995 30 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 258372 30 OPHOVEN SAW SERVICE Other Contracted Services Senior Center Programs 258413 30 WETLAND PROFESSIONALS ASSOCIATION Dues&Subscriptions Stormwater Non-Capital 258256 30 MUSSO AMY AR Utility Water Enterprise Fund 258475 29 JONES CHERYL P&R Refunds Community Center Admin 258315 29 FITZGERALD ABBEY AR Utility Water Enterprise Fund 258239 29 HOMES GONYEA AR Utility Water Enterprise Fund 1019030 28 BOYER TRUCKS Equipment Parts Fleet Operating 258259 28 O'LEARY,JOAN AR Utility Water Enterprise Fund 258556 27 COMCAST Cable TV Fire Check# Amount Supplier/Explanation Account Description Business Unit Comments 258603 26 JACOBSON DONALD P&R Refunds Community Center Admin 258357 25 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 1018956 25 BOHNSACK,SUE Mileage&Parking Senior Center Admin 258272 23 ZECHMANN NICK AR Utility Water Enterprise Fund 258359 23 MINNESOTA DEPT OF HEALTH Licenses,Taxes,Fees Water Treatment 258393 23 SIR KNIGHT CLEANERS Clothing&Uniforms Fire 258353 22 MERLINS ACE HARDWARE Building Materials Outdoor Center 258477 22 KUMAR RAJASATISH RAJA P&R Refunds Community Center Admin 258656 22 STATE OF MINNESOTA Licenses,Taxes,Fees Fleet Operating 258504 21 STATE OF MINNESOTA Licenses,Taxes,Fees Fleet Operating 258655 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 258585 21 HALLSTROM ROBERT AR Utility Water Enterprise Fund 258248 21 KUMMER THOMAS AR Utility Water Enterprise Fund 258249 21 LIEN RON AR Utility Water Enterprise Fund 258313 20 FELIPE NUBIA P&R Refunds Community Center Admin 258327 20 HENNEPIN COUNTY TREASURER Licenses,Taxes,Fees Police 258510 20 TIEDEN,ANNIE P&R Refunds Community Center Admin 258521 19 PROP P&R Refunds Community Center Admin 258506 19 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1019016 19 TOLL GAS AND WELDING SUPPLY Operating Supplies Fleet Operating 258260 18 OVIGUTAN JOSEPH AR Utility Water Enterprise Fund 258268 17 WAIT AARON AR Utility Water Enterprise Fund 258269 17 WHITE CARSON AR Utility Water Enterprise Fund 258554 16 COMCAST Cable TV Fire 258558 16 COMCAST Cable TV Fire 258257 16 NAYLOR JODI AR Utility Water Enterprise Fund 1018949 15 UPS Postage Fitness Center 258247 14 KRUEGER TOM AR Utility Water Enterprise Fund 258270 14 WILLIAMS JESSE AR Utility Water Enterprise Fund 258366 13 MSC INDUSTRIAL SUPPLY CO INC Repair&Maint.Supplies Water Treatment 258490 13 PAUL KATY P&R Refunds Community Center Admin 258250 13 LIEPKE DEBRA AR Utility Water Enterprise Fund 258234 12 GALOW JESSICA AR Utility Water Enterprise Fund 258426 12 NELSON,ROBIN Deposits 494 Corridor Commission 258230 12 CHASE WESLEY AR Utility Water Enterprise Fund 258226 12 ANDERSON GREGORY AR Utility Water Enterprise Fund 258265 12 SCHIRMANG DOROTHY AR Utility Water Enterprise Fund 1018914 12 MUNOZ,MEGAN Mileage&Parking Fitness Admin. 258244 11 KECK JOSHUA AR Utility Water Enterprise Fund 258388 11 SAALABI AL Cash Over/Short General Fund 258227 11 ATHMANN JAMES AR Utility Water Enterprise Fund 258262 11 PAULING HEATHER AR Utility Water Enterprise Fund 258299 11 CLEAN N PRESS MTKA Clothing&Uniforms Police 258242 10 JACOBSON MIKE AR Utility Water Enterprise Fund 258624 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 258537 9 BARTON SAND&GRAVEL CO Waste Blacktop/Concrete Street Maintenance 258261 9 PASCOE TODD AR Utility Water Enterprise Fund 258266 9 TAYLOR MORRIS AR Utility Water Enterprise Fund 258252 8 LUNDBERG CHRISTIN AR Utility Water Enterprise Fund 258241 8 JACOBS STEVE AR Utility Water Enterprise Fund 258243 7 KARLGAARD JOSH AR Utility Water Enterprise Fund 258301 7 COMCAST Cable TV Fire 258245 6 KLIEN JILLIAN AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 258557 2 COMCAST Other Contracted Services Police 5,963,483 Grand Total City of Eden Prairie Purchasing Card Payment Report 2/5/2018 Amount Explanation Vendor Account Description Business Unit 5,402 US-Nov 2017 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 2,590 SWAT communications ADS INC Capital Under$25,000 Police 2,067 US-christmas lunch KOWALSKI'S MARKET Special Event Fees Senior Center Programs 1,955 US-snack vending machine AVS COMPANIES Capital Under$25,000 Concessions 1,785 US-volleyball/basketball EDEN PRAIRIE SCHOOL Gym Rental Volleyball 1,590 US-training-6 UNIVERSITY OF MINNESOTA Conference/Training Inspections-Administration 1,229 US-Novak-Krebs conf LOEWS HOTEL Travel Expense Planning 1,200 US-CPSI-T Stowe,B Olmschenk MRPA Conference/Training Park Maintenance 1,033 US-swat rifle BRAVOCOMPANYUSA.COM Capital Under$25,000 Capital Maint.&Reinvestment 1,000 US-gift card prizes CRAVE CATERING Awards Athletic Programs Admin 925 US-New World trng ACTIVE EVENTS Tuition Reimbursement/School Police 925 US-RMS conf ACTIVE EVENTS Tuition Reimbursement/School Police 850 US-forensic software MAGNET FORENSICS IT Operating 808 US-volleyball/basketball EDEN PRAIRIE SCHOOL Gym Rental Adult Open Gym 775 US-globes for prairie ctr dr b LIGHTING PLASTICS OF MN Operating Supplies Traffic Signals 735 US-Novak-Krebs conf APA MINNESOTA Conference/Training Planning 720 US-EMT class NATIONAL REGISTRY OF EMTS Dues&Subscriptions Fire 660 US-parts NPI/RAM MOUNTS Operating Supplies Fire 660 US-rash guards SWIMOUTLET.COM Clothing&Uniforms Pool Lessons 650 US-C Munoz trng FBI-LEEDA Tuition Reimbursement/School Police 650 US-J Biggar trng FBI-LEEDA Tuition Reimbursement/School Police 650 US-J Biggar trng FBI-LEEDA Tuition Reimbursement/School Police 650 US-J Biggar trng FBI-LEEDA Tuition Reimbursement/School Police 630 US-brine tank parts ALTEC Equipment Parts Snow&Ice Control 586 US-substriction PRICE WATERHOUSE COOPER Dues&Subscriptions Assessing 552 US-hold the lutefisk trip PLYMOUTH PLAYHOUSE Special Event Fees Trips 549 US-supplies HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 542 US-straps US CARGO CONTROL Equipment Parts Fleet Operating 518 US-B-day cards HALLMARK Operating Supplies Fire 512 US-dues SCW WIM INC Licenses,Permits,Taxes,Fees Fitness Classes 510 US-supplies ID WHOLESALER Operating Supplies Community Center Admin 507 US-program trips ROWE SANCTUARY Program Trips Outdoor Center 500 US-edvandale park hand dryer PRODRYERS Repair&Maint. Supplies Park Shelters 494 US-cooling towels 4IMPRINT Operating Supplies Special Initiatives 493 US-program trips CRANE TRUST Program Trips Outdoor Center 490 US-conference AMERICAN CAMPING ASSOCIATION Conference/Training Youth Programs Admin 479 US-station monitors NPI/RAM MOUNTS Equipment Repair&Maint Public Safety Communications 477 US-medical supplies NORTH AMERICAN RESCUE Training Supplies Police 473 US-training SPIRIT AIRLINES Tuition Reimbursement/School Police 460 US-ballistic helmets BOTACH TACTICAL Training Supplies Police 456 US-parts ELECTRIC MOTOR REPAIR INC Repair&Maint. Supplies Ice Arena Maintenance 450 US-washer machine for shop EDEN PRAIRIE APPLIANCE Repair&Maint. Supplies Utility Operations-General Amount Explanation Vendor Account Description Business Unit 449 US-program supplies AMAZON.COM Operating Supplies Outdoor Center 444 US-Nov 2017 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 400 US-parts DISCOUNT STEEL INC Equipment Parts Snow&Ice Control 400 US-winter break trip CONQUER EDEN PRAIRIE Operating Supplies Community Center Admin 400 US-shot show registration NATIONAL SHOOTING SPORTS FOUND Tuition Reimbursement/School Police 400 US-hold the lutefisk trip GREEN MILL PLYMOUTH Special Event Fees Trips 390 US-MECA conf-R Slick MINNESOTA EROSION CONTROL Conference/Training Engineering 381 US-aca nat'l conf DELTA AIR Travel Expense Youth Programs Admin 380 US-officers meeting BUCA Operating Supplies Fire 376 US-training MN NURSERY&LANDSCAPE Conference/Training Street Maintenance 369 US-gateway fees NCR SPECIALTY Bank and Service Charges Den Road Liquor Store 367 US-flight-forensics course DELTA AIR Tuition Reimbursement/School Police 361 US-bp supplies S&S WORLDWIDE Operating Supplies Birthday Parties 360 US-fanny packs/cpr masks LIFEGUARD STORE INC,THE Clothing&Uniforms Pool Operations 354 US-council food BUCA Miscellaneous City Council 335 US-Nov 2017 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund 330 US-kids party TARGET Operating Supplies Fire 325 US-fingerprint readers for com AMAZON.COM Office Supplies Police 318 US-hose reel NORTHERN TOOL&EQUIPMENT Equipment Parts Utility Operations-General 317 US-officials shirts KODIAK CUSTOM LETTERING INC Operating Supplies Special Initiatives 315 US-full body harness W W GRAINGER INC Safety Supplies Utility Operations-General 313 US-strength attachments SPORTSMITH Capital Under$25,000 Fitness Center 308 US-pencils THE INK SPOT Miscellaneous Police 305 US-Dave M CEAM conf UNIVERSITY OF MINNESOTA Conference/Training Engineering 301 US-monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin 300 US-ULI REDI Program URBAN LAND INSTITUTE Conference/Training Community Development Admin. 297 US-stand by crew xmas party BUCA Operating Supplies Fire 290 US-tools ACME TOOLS Small Tools Traffic Signals 290 US-bp supplies AMAZON.COM Operating Supplies Birthday Parties 286 US-N Weedman-cancelled-to be r WALT DISNEY WORLD Deposits Escrow 285 US-shelving units AMAZON.COM Office Supplies Police 283 US-fingerprint supply CROSS MATCH Operating Supplies Police 280 US-training-Behl,Hunt SOUTH METRO PUBLIC SAFETY TRAI Tuition Reimbursement/School Police 275 US-officers meeting DAVANNI'S PIZZA Operating Supplies Fire 270 US-winter break trip ELM CREEK PARK RESERVE Operating Supplies Special Events&Trips 268 US-pump MENARDS Repair&Maint. Supplies Water Treatment 268 US-volleyball/basketball EDEN PRAIRIE SCHOOL Gym Rental Basketball 262 US-usb's for reports/video AMAZON.COM Office Supplies Police 248 US-facebook advertising FACEBOOK Advertising Prairie Village Liquor Store 248 US-facebook advertising FACEBOOK Advertising Den Road Liquor Store 248 US-facebook advertising FACEBOOK Advertising Prairie View Liquor Store 242 US-bp supplies AMAZON.COM Operating Supplies Birthday Parties 237 US-christmas lunch-duty crew BUCA Operating Supplies Fire 237 US-council food CRAVE CATERING Miscellaneous City Council 235 US-E Anderson-fire officer sch MINNESOTA FIRE CHIEFS ASSOCIAT Conference/Training Fire 235 US-ext cords NORTHERN TOOL&EQUIPMENT Small Tools Water Distribution Amount Explanation Vendor Account Description Business Unit 232 US-lights for basin maint MENARDS Repair&Maint. Supplies Water Treatment 230 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store 217 US-skate sharpening HOWIES HOCKEY Operating Supplies Ice Operations 217 US-patio heater SAM'S CLUB Operating Supplies Youth Programs Admin 217 US-coffee COFFEE WHOLESALE Operating Supplies Senior Center Programs 214 US-radio for crew HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 213 US-bank/sery charge PLUG N PAY Bank and Service Charges Community Center Admin 213 US-aca nat'l conf WALT DISNEY WORLD Travel Expense Youth Programs Admin 210 US-J Sams membership IAAO Dues&Subscriptions Assessing 210 US-computer storage MICRO CENTER A/R Computers IT Operating 207 US-seminar-Good,Behl,Hunt EVENTBRITE Tuition Reimbursement/School Police 205 US-isa membership INTERNATIONAL SOCIETY OF ARBOR Dues&Subscriptions Tree Disease 201 US-L Danhauser CC personal use TARGET Deposits Escrow 201 US-chaplain mtg WHICH WICH Operating Supplies Reserves 201 US-miller field light repairs SCHAD TRACY SIGNS Repair&Maint. Supplies Miller Park 200 US-A Rose membership NATIONAL PUBLIC EMPLOYER LABOR Dues&Subscriptions Human Resources 200 US-officials shirts KODIAK CUSTOM LETTERING INC Clothing&Uniforms Volleyball 200 US-bp supplies AMAZON.COM Operating Supplies Birthday Parties 200 US-supplies MENARDS Repair&Maint. Supplies Water Distribution 199 US-expo class admission NORTHERN GREEN EXPO Tuition Reimbursement/School Park Maintenance 196 US-winter break trip CHUCK-E-CHEESE Operating Supplies Special Events&Trips 190 US-J Thompson membership IAAO Dues&Subscriptions Assessing 189 US-training-K White LIFELINE TRAINING LTD Tuition Reimbursement/School Police 185 US-microwave AMAZON.COM Operating Supplies Community Center Admin 182 US-ign con kit REZNOR PARTS Repair&Maint. Supplies Ice Arena Maintenance 180 US-admission-4 NORTHERN GREEN EXPO Conference/Training Park Maintenance 176 US-bank/sery charge PLUG N PAY Bank and Service Charges Community Center Admin 175 US-floatboards for lessons ADOLPH KIEFER&ASSOCIATES Training Supplies Pool Lessons 174 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store 173 US-parts-tractor repair DISCOUNT STEEL INC Equipment Parts Fleet Operating 172 US-wash bay/cleaning supplies MENARDS Repair&Maint. Supplies Utility Operations-General 171 US-food BYERLYS Operating Supplies Fire 169 US-supplies AMAZON.COM Small Tools Fire 163 US-shop supplies MENARDS Operating Supplies Park Maintenance 162 US-K Rieder CC AMERICAN RED CROSS Deposits Escrow 161 US-apple tv for training BEST BUY Capital Under$25,000 Police 161 US-numbers for equip BRADY WORLDWIDE INC Operating Supplies Fitness Center 151 US-PC tuners for dispatch MICRO CENTER A/R Equipment Repair&Maint E-911 Program 150 US-phillippi bank stabilizatio MN DEPARTMENT OF NATURAL RESOU Licenses,Permits,Taxes,Fees Stormwater Capital 147 US-B Lanzi CC-tax to be refund AVS COMPANIES Deposits Escrow 146 US-mic chargers SPECIAL PROJECTS AUDIO Operating Supplies Fitness Classes 145 US-M Munoz CC AMAZON.COM Deposits Escrow 143 US-membership renewal MINNESOTA CHIEFS OF POLICE ASS Dues&Subscriptions Police 143 US-officials shirts KODIAK CUSTOM LETTERING INC Clothing&Uniforms Softball 142 US-parts PURE DIESEL POWER LLC Equipment Parts Fleet Operating 141 US-storage for evidence MICRO CENTER A/R Computers IT Operating Amount Explanation Vendor Account Description Business Unit 137 US-coffee/cups COSTCO Operating Supplies Fire 137 US-car rental for forensics cl ADVANTAGE CAR RENTAL Tuition Reimbursement/School Police 135 US-batteries MENARDS Repair&Maint. Supplies Water Treatment 135 US-DOT stickers MINNESOTA STATE PATROL Equipment Testing/Cert. Fleet Operating 132 US-pilates rings YOGAACCESSORIES.COM Operating Supplies Specialty Fitness Programs 129 US-portable work light HOME DEPOT CREDIT SERVICES Small Tools Fire 126 US-wireless headset-front desk AMAZON.COM Operating Supplies IT Operating 122 US-batteries-mics&bikes AMAZON.COM Operating Supplies Fitness Classes 120 US-staff renewal certs YMCA CUSTOMER SERVICE CENTER Other Contracted Services Pool Operations 114 US-horizontal spark pilot kit REZNOR PARTS Repair&Maint. Supplies Ice Arena Maintenance 114 US-SSD-Ryan K-PD AMAZON.COM Computers IT Operating 113 US-balance ball AMAZON.COM Operating Supplies Fitness Center 113 US-balance ball AMAZON.COM Operating Supplies Fitness Classes 105 US-Its name tags OFFICE DEPOT CREDIT PLAN Operating Supplies Ice Lessons 105 US-training MN SOCIETY OF ARBORICULTURE Conference/Training Tree Disease 105 US-dues FBINAA Dues&Subscriptions Police 102 US-critter food PETCO Operating Supplies Outdoor Center 101 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 100 US-officials shirts KODIAK CUSTOM LETTERING INC Clothing&Uniforms Athletic Programs Admin 99 US-MRPA workshop MINNESOTA RECREATION&PARK AS Conference/Training Athletic Programs Admin 98 US-green expo lunch THE 58 CLUB Conference/Training Park Maintenance 95 US-tools HOME DEPOT CREDIT SERVICES Small Tools Water Metering 95 US-ext cords HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 94 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 94 US-playcare supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Day Care 90 US-training course UNIVERSITY OF MINNESOTA Conference/Training Street Maintenance 88 US-tv tuner AMAZON.COM Equipment Repair&Maint E-911 Program 86 US-manual APWA Conference/Training Engineering 86 US-parts-radio BEST BUY Equipment Parts Fleet Operating 85 US-bp supplies AMAZON.COM Operating Supplies Birthday Parties 85 US-post it tabs AMAZON.COM Office Supplies Police 84 US-winter blast event HOCKEY GIANT Operating Supplies Skating Rinks/Warming Houses 84 US-supplies for café OFFICE DEPOT CREDIT PLAN Operating Supplies Concessions 81 US-K Rieder CC AMERICAN RED CROSS Deposits Escrow 80 US-supplies AMAZON.COM Operating Supplies Fire 80 US-certificate NCTRC Dues&Subscriptions Senior Center Admin 80 US-zafft emt test NATIONAL REGISTRY OF EMTS Dues&Subscriptions Fire 80 US-memory-Ryan K-PD AMAZON.COM Computers IT Operating 80 US-coffee BLACK RIFLE COFFEE Operating Supplies Fire 79 US-supplies AMAZON.COM Operating Supplies Senior Center Programs 75 US-training-Davis BCA Tuition Reimbursement/School Police 75 US-training-Lesnau BCA Tuition Reimbursement/School Police 74 US-parking lot lights/time do HOME DEPOT CREDIT SERVICES Repair&Maint. Supplies Miller Park 73 US-sunshine fund-L Ramsey FTD.COM Deposits Escrow 73 US-cleaning supplies MENARDS Cleaning Supplies Utility Operations-General 72 US-store meeting GINA MARIAS INC Training Supplies Den Road Liquor Store Amount Explanation Vendor Account Description Business Unit 72 US-K9 equip LEERBURG Canine Supplies Police 71 US-supplies HOME DEPOT CREDIT SERVICES Operating Supplies Police 71 US-café food COSTCO Merchandise for Resale Concessions 70 US-supplies AMAZON.COM Operating Supplies Fire 70 US-staff renewal certs AMERICAN RED CROSS Other Contracted Services Pool Operations 70 US-K9 membership USPCA REGION 18 Canine Supplies Police 68 US-sunshine fund-N Wagner FTD.COM Deposits Escrow 68 US-sunshine fund-McGinty's FTD.COM Deposits Escrow 68 US-trng supplies-armory BROWNELLS INC. Tuition Reimbursement/School Police 66 US-printer cartridge-booking AMAZON.COM Process Control Equipment IT Operating 62 US-ring boxes AMAZON.COM Operating Supplies Fire 62 US-kids class supplies BUCK ART MATERIALS Operating Supplies Arts Center 60 US-pb awards CARIBOU COFFEE Operating Supplies Gymnasium(CC) 60 US-CEAM dues-Dave M UNIVERSITY OF MINNESOTA Dues&Subscriptions Engineering 60 US-parts BEST BUY Equipment Parts Fleet Operating 60 US-training PDHENGINEER.COM Conference/Training Engineering 60 US-donut bags LIL ORBITS Merchandise for Resale Concessions 57 US-wall decal VINYL WALL EXPRESSIONS Equipment Repair&Maint Police 55 US-isa bmp standards INTERNATIONAL SOCIETY OF ARBOR Operating Supplies Tree Disease 55 US-calendars OFFICE DEPOT CREDIT PLAN Office Supplies Water Treatment 54 US-toner AMAZON.COM Process Control Equipment IT Operating 54 US-toner LS3 AMAZON.COM Process Control Equipment IT Operating 54 US-tune belts AV NOW,INC Operating Supplies Fitness Classes 54 US-supplies AMAZON.COM Operating Supplies Fire 53 US-lift station truck MENARDS Repair&Maint. Supplies Wastewater Lift Station 52 US-candy TARGET Operating Supplies Pool Operations 50 US-ad for concert FACEBOOK Advertising Arts Center 50 US-active membership FBI-LEEDA Dues&Subscriptions Police 48 US-rope for basin maint MENARDS Repair&Maint. Supplies Water Treatment 48 US-table clothes-christmas lun AMAZON.COM Operating Supplies Internal Events 45 US-café food KOWALSKI'S MARKET Merchandise for Resale Concessions 44 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 44 US-repair parts MENARDS Repair&Maint. Supplies Wastewater Lift Station 43 US-gearbox cover GRIZZLY INDUSTRIAL INC Equipment Repair&Maint Senior Center Programs 43 US-apple lighting adapter-PD AMAZON.COM Capital Under$25,000 Police 43 US-batteries AMAZON.COM Operating Supplies Fitness Classes 42 US-lunch-aspire CRUMB GOURMET DELI Miscellaneous Planning 40 US-shop/truck supplies MENARDS Repair&Maint. Supplies Water Distribution 40 US-mankato job fair MINNESOTA STATE UNIVERSITY Conference/Training Youth Programs Admin 40 US-pb awards CARIBOU COFFEE Operating Supplies Gymnasium(CC) 39 US-adult classes TARGET Operating Supplies Arts Center 38 US-supplies MENARDS Small Tools Water Distribution 37 US-critter food PETCO Operating Supplies Outdoor Center 37 US-hand/foot warmers MENARDS Operating Supplies Broomball 36 US job posting LINKEDIN Other Contracted Services Community Center Admin 35 US-ULI mentor program URBAN LAND INSTITUTE Conference/Training Community Development Admin. Amount Explanation Vendor Account Description Business Unit 35 US-staff renewal certs AMERICAN RED CROSS Other Contracted Services Pool Operations 35 US-wireless keyboard-Denise C AMAZON.COM Computers IT Operating 35 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 34 US-dispatch notary CROWN STAMP AND ENGRAVING CO Licenses,Permits,Taxes,Fees Police 33 US-employee water COSTCO Operating Supplies Den Road Liquor Store 32 US-shipping soil samples FEDEX Postage Utility Operations-General 32 US-coffee pot MENARDS Repair&Maint. Supplies Utility Operations-General 31 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 31 US-supplies AMAZON.COM Operating Supplies Fire 30 US-boiler license renewal DEPT OF LABOR&INDUSTRY Licenses,Permits,Taxes,Fees Water Treatment 30 US-supplies HOME DEPOT CREDIT SERVICES Operating Supplies Street Maintenance 29 US-pb awards CROWN TROPHY Operating Supplies Gymnasium(CC) 29 US-supplies AMAZON.COM Small Tools Fire 28 US-critter food PETCO Operating Supplies Outdoor Center 28 US-travel ins SPIRIT AIRLINES Tuition Reimbursement/School Police 28 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 28 US-club 204 RADERMACHERS Operating Supplies New Adaptive 28 US-club 204 S&S WORLDWIDE Operating Supplies New Adaptive 27 US-café food COBORNS Merchandise for Resale Concessions 27 US-ice auger blades CABIN FEVER SPORTINGS GOODS Operating Supplies Park Maintenance 26 US-canvas for wine event AMAZON.COM Operating Supplies Arts Center 25 US-water plant supplies CUB FOODS EDEN PRAIRIE Repair&Maint. Supplies Utility Operations-General 25 US-show props GOODWILL HOPKINS Operating Supplies Winter Theatre 25 US-golf league WALGREEN'S#5080 Operating Supplies Senior Center Programs 25 US-training-McGinty BCA Tuition Reimbursement/School Police 25 US-training-Stroner BCA Tuition Reimbursement/School Police 25 US-shears MENARDS Repair&Maint. Supplies Wastewater Lift Station 24 US-bp supplies AMAZON.COM Operating Supplies Birthday Parties 23 US-bp supplies TARGET Operating Supplies Birthday Parties 23 US-supplies AMAZON.COM Operating Supplies Fire 23 US-show props PAYPAL INC Operating Supplies Winter Theatre 21 US-timer MENARDS Operating Supplies Park Maintenance 21 US-totes for office WALMART COMMUNITY Office Supplies Utility Operations-General 21 US-employee water COSTCO Operating Supplies Prairie View Liquor Store 21 US-AG license-Brady Luebke DEPARTMENT OF AGRICULTURE Licenses,Permits,Taxes,Fees Street Maintenance 20 US-license fees-Brad H DEPT OF LABOR&INDUSTRY Dues&Subscriptions City Center Operations 20 US-battery for dispatch AMAZON.COM Computers IT Operating 20 US-K Dolezal NATIONAL STUDENT CLEARINGHOUSE Other Contracted Services Organizational Services 20 US-epermit web security PAYPAL INC Bank and Service Charges Utility Operations-General 19 US-cake-Isaac Raser COSTCO Employee Award Organizational Services 19 US-supplies AMAZON.COM Operating Supplies Fire 18 US-wireless mouse AMAZON.COM Computers IT Operating 18 US-K Thrasher NATIONAL STUDENT CLEARINGHOUSE Other Contracted Services Organizational Services 18 US-employee water COSTCO Operating Supplies Prairie Village Liquor Store 18 US-cables AMAZON.COM Computers IT Operating 18 US-power connection V#353 ERICSON MANUFACTURING Operating Supplies Fire Amount Explanation Vendor Account Description Business Unit 17 US-supplies AMAZON.COM Operating Supplies Fire 17 US-gifts for officials CVS PHARMACY Miscellaneous Athletic Programs Admin 17 US-lift station pump NORTHERN TOOL&EQUIPMENT Repair&Maint. Supplies Wastewater Lift Station 17 US-office supplies OFFICE DEPOT CREDIT PLAN Office Supplies Park Maintenance 17 US-desk calendar AMAZON.COM Office Supplies Police 16 US-music for classes SPOTIFY Operating Supplies Pool Operations 14 US-Prop presentation A BETTER SIGN Advertising Den Road Liquor Store 14 US-Prop presentation A BETTER SIGN Advertising Prairie View Liquor Store 14 US-Prop presentation A BETTER SIGN Advertising Prairie Village Liquor Store 14 US-mouse-PD AMAZON.COM Computers IT Operating 14 US-critter food CUB FOODS EDEN PRAIRIE Operating Supplies Outdoor Center 14 US-parking MPLSPARKING.COM Mileage&Parking Park Maintenance 14 US-reserve calendar CALENDAR WIZ Operating Supplies Reserves 14 US-spare HDMI cable AMAZON.COM Computers IT Operating 14 US-rta spring MENARDS Operating Supplies Richard T.Anderson Cons.Area 13 US-plates AMAZON.COM Miscellaneous IT Operating 13 US-show props PAYPAL INC Operating Supplies Winter Theatre 13 US-critter food PETCO Operating Supplies Outdoor Center 13 US-tree staking HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 12 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 12 US-critter food CUB FOODS EDEN PRAIRIE Operating Supplies Outdoor Center 11 US-usb cable AMAZON.COM Computers IT Operating 11 US-irrigation UPS STORE,THE Repair&Maint. Supplies Park Maintenance 11 US-parking MPLSPARKING.COM Conference/Training Park Maintenance 11 US-drivers safety RADERMACHERS Special Event Fees Senior Center Programs 11 US-club 204 DOC POPCORN Operating Supplies New Adaptive 11 US-light-critters HOME DEPOT CREDIT SERVICES Operating Supplies Outdoor Center 10 US-Thanig pesticide lic MINNESOTA DEPARTMENT OF AGRICU Licenses,Permits,Taxes,Fees Park Maintenance 10 US-S Cole pesticide lic MINNESOTA DEPARTMENT OF AGRICU Repair&Maint. Supplies Miller Park 10 US-software maint ATLASSIAN Other Contracted Services Fire 10 US-parking IMPARK Mileage&Parking Utility Operations-General 10 US-key EASYKEYS.COM Repair&Maint. Supplies City Center Operations 10 US-spare iphone charge cables AMAZON.COM Computers IT Operating 10 US-club 204 ALDI Operating Supplies New Adaptive 10 US-L Danhauser CC personal use WALGREEN'S#5080 Deposits Escrow 9 US-show props PAYPAL INC Operating Supplies Winter Theatre 8 US-power cable AMAZON.COM Computers IT Operating 8 US-parking MPLSPARKING.COM Conference/Training Street Maintenance 8 US-parking MPLSPARKING.COM Conference/Training Street Maintenance 7 US-cleaning supplies AMAZON.COM Office Supplies Police 7 US-handset cord AMAZON.COM Operating Supplies IT Operating 6 US-paper plates/krazy glue DOLLAR TREE STORES,INC. Repair&Maint. Supplies Utility Operations-General 6 US-canisters for whiskey raffl DOLLAR TREE STORES,INC. Operating Supplies Den Road Liquor Store 6 US-art ctr supplies TJMAXX Operating Supplies Arts Center 5 US-tools HOME DEPOT CREDIT SERVICES Equipment Repair&Maint Public Safety Communications 5 US-parts STORMS WELDING&MFG INC. Repair&Maint. Supplies Water Distribution Amount Explanation Vendor Account Description Business Unit 5 US-café food SUPERAMERICA Merchandise for Resale Concessions 4 US-window-outdoor ctr MERLINS ACE HARDWARE Building Repair&Maint. Outdoor Center 4 US-window-outdoor ctr MENARDS Building Repair&Maint. Outdoor Center 4 US-usb MY CABLE MART Equipment Parts Fleet Operating 3 US-supplies for café WALMART COMMUNITY Operating Supplies Concessions 2 US-facebook advertising FACEBOOK Advertising Prairie Village Liquor Store 2 US-facebook advertising FACEBOOK Advertising Den Road Liquor Store 2 US-facebook advertising FACEBOOK Advertising Prairie View Liquor Store 1 US-monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin 1 US-facebook advertising FACEBOOK Advertising Prairie View Liquor Store 1 US-facebook advertising FACEBOOK Advertising Prairie Village Liquor Store 1 US-facebook advertising FACEBOOK Advertising Den Road Liquor Store 0 US-monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0 US-monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0 US-monthly billing NIMBLE SCHEDULE Other Contracted Services Community Center Admin -4 US-refund HOMEGOODS Operating Supplies Arts Center -81 US-K Rieder CC AMERICAN RED CROSS Deposits Escrow -118 US-return MICRO CENTER A/R Computers IT Operating -124 US-Nov 2017 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund -145 US-M Munoz CC AMAZON.COM Deposits Escrow -162 US-K Rieder CC AMERICAN RED CROSS Deposits Escrow -168 US-refund-tv tuner cords-dispa AMAZON.COM Equipment Repair&Maint E-911 Program -176 US-refund BRADY WORLDWIDE INC Operating Supplies Fitness Center 69,943 Report Total CITY COUNCIL AGENDA DATE: SECTION: Report of Public Works Director February 5, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 16-5940 ITEM NO.: Randy Newton Approve Layout and Adopt Resolution Approving XIV.E.1. Public Works/Engineering Appraisal Values and Property Acquisition for the Preserve Boulevard Improvements Requested Action Move to: Approve Layout dated January 31, 2018 and adopt a resolution approving the appraisal values for the property acquisitions for the Preserve Boulevard Improvements, City Project Number I.C. 16-5940(the"Project)and authorizing the City Attorney and City Engineer to acquire the properties for the Project by direct negotiation or condemnation. Synopsis The Preserve Boulevard Improvements are included in the City's Capital Improvement Plan and the City Council previously authorized a final design contract for the project. This action approves the design layout for the project and adopts a resolution approving the appraisal values for the properties to be acquired and authorizes the City Attorney and City Engineer to acquire the properties needed for the Project. Background Information A. Public Involvement Two Public Open Houses have been held for the project. The purpose of the first Open House was to obtain feedback from the public regarding the primary concerns with the existing roadway and priorities for the proposed project. The following is a summary of the feedback received at the first Open House: • Need to improve pedestrian and bicycle crossings along Preserve Boulevard. • Concern with the safety of left turns from Preserve Boulevard(lack of turn lanes). • Can be challenging at times to enter Preserve Boulevard. • Safety and operation concern with the lane drop for southbound traffic on Preserve Boulevard. • Lack of left turn signal phasing on Preserve Boulevard at Prairie Center Drive. • Concern with speeds on Preserve Boulevard. • Concern with the amount of time it takes Eden Lake to recede after a storm event. At the second Open House several alternative concepts for the roadway were shown with the an alternative similar to the current proposed layout denoted as the preferred alternative. In addition, a pump station was denoted as the preferred alternative for improving the Eden Lake storm water outlet. In general, the feedback received was supportive of the preferred roadway design and the pump station alternatives. 1 B. Proposed Layout The proposed layout for Preserve Boulevard, which is available on the project webpage, includes the following significant components: • Prairie Center Drive/Preserve Boulevard intersection improvements including dual left turn lanes for westbound to southbound traffic, flattening the existing cross slope, improved pedestrian and bicycle crossings, and providing left turn signal phasing on Preserve Boulevard. • Eliminating the southbound lane drop on Preserve Boulevard. • Providing a center 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. • Providing median refuges for pedestrian and bicycle crossings at Franlo Road and Grier Lane. • Installing a pump station between Eden Lake and Neill Lake. This is an improvement to the Eden Lake storm water outlet to help control Eden Lake water levels and minimize the impact of large rain events. The proposed layout with the addition of the median and turn lanes does increase the footprint of Preserve in the middle and southern portions of the roadway. This increased footprint does impact a number of trees along the corridor and will require the acquisition of permanent and temporary easements from property owners adjacent to Preserve Boulevard. In setting the alignment for Preserve Boulevard an effort was made to minimize any impacts to existing landscaping and screening elements while also balancing the impacts between properties. C. Project Cost The total preliminary cost estimate of the Preserve Boulevard Improvements is approximately $6 million. Primary funding for the project will be from Municipal State Aid funds. Additional funding will also be provided from the Storm Water Utility fund. D. Right-of-Way The City of Eden Prairie is authorized to acquire real property which is needed for public use or purposes. Minnesota State Statutes Chapter 117 requires an approved appraisal of value to be presented to property owners prior to acquisition of property by a governmental entity. The Project includes the acquisition of land in fee,permanent easements,temporary easements,and other rights and interest by the City from various property owners. The City Attorney obtained market value appraisals for parcels. The proposed acquisition values are provided to the City Council separately as confidential or protected nonpublic data pursuant to Minn. Stat. § 13.44, subdv. 3(a). Parcel maps showing acquisitions area are available in the Engineering Division's office. 2 Upon approval of the Resolution the City Attorney and City Engineer will present the market value appraisals to the property owners for the purposes of acquisition of land in fee,permanent easements, temporary easements, and other rights and interest by the City by either direct negotiation or condemnation. E. Schedule Final design of the project is in progress and expected to be complete in mid-2018. Construction on the project is anticipated to be initiated in the fall of 2018 with the majority of the construction activities occurring in 2019. Attachments Resolution Layout 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2018- RESOLUTION APPROVING THE APPRAISAL VALUES AND ACQUISITION OF PROPERTY RELATED TO THE PRESERVE BOULEVARD IMPROVMENTS, CITY PROJECT NO.: I.C. 16-5940. WHEREAS, the City of Eden Prairie (the "City"), is authorized to acquire real property which is needed for public use or purposes; and WHEREAS, the City intends to construct improvements along Preserve Boulevard, City Project No.: I.C. 16-5940 (the"Project"); and WHEREAS, the construction of the Project will require the acquisition of land in fee, permanent easements,temporary construction easements, and other rights and interest by the City; and WHEREAS, the City Attorney retained an independent appraiser who provided appraisals stating the fair market value of the properties proposed to be acquired; and WHEREAS,the Project construction schedule contemplates that work will begin in the fall of 2018; and WHEREAS, it is necessary that the City have title and possession to the necessary property for the Project before construction contracts may be let. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. The recitals set forth above are incorporated herein. 2. The City Attorney and City Engineer are authorized to make offers to acquire interests in real property for the Project for the appraised values. 3. The City Attorney and City Engineer are authorized and directed to take all steps necessary to acquire the properties for the Project by direct negotiation or condemnation and the use of the quick take procedure authorized under Minnesota Statutes Section 117.042. ADOPTED by the Eden Prairie City Council on February 5, 2018. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk • 11C- 1. -Irxy PRESERVE -- --- •. k �, . i n / BOULEVARD . {I _ _ +i i±e■r�� f 1 r 4 ..4...'"ira.. . • 71t-._3%. lir,'• • • - - - 1 --._ + �. • 0, • • _. r . , 1 .,42.. ......:Ii. ,i, .., A . • : c.. : ., _ --;1 . [ • 1.. ,. • ,_____ • . .?.,-, , 1 , -41..,c ...i.,# ! ....... .• ., ii-i- 1 4.••••-•1 - - . .. . . -.) :_ 4. 1v, - 7 - t L- 7. -' 1- . -1, . ,. . 1 t . ... . •.. - 1 • 11.. ..). 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