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City Council - 03/20/2018
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,MARCH 20, 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 II(5:30) I. ASPIRE EDEN PRAIRIE 2040 Open Podium - Council Chamber (6:30) II. OPEN PODIUM A. SOPHIA TRUEMPI, ZACH SPEARS, ANTONIO MONTERO, LIZZIE ARNOLD, IKE NEBEKER,AND LAUREN MOSEMAN—CLIMATE ACTION PLAN (6:40) III. ADJOURNMENT 3/26/2018 S/ e EDEN PRAIRIE March 20, 2018 • Council ASPIR Work Session Plan Update EDEN PRAIRIE 2044 Discussion Tonight... • Project Update • Goals & Objectives • Community Outreach Feedback • Land Use classifications & Parcel-Specific Considerations ASPIRE 2040 1 3/26/2018 Land Use Classifications ASPIRE 2040R Land Use Categories — Residential • Rural (.1 du/a) • Low Density Residential (up to 5 du/a) • Medium Density Residential (5-14 du/a) • Medium High Density Residential (14-4o du/a) • High Density Residential (4o-75 du/a) ASPIRE 2040R 2 3/26/2018 r Proposed Guiding Changes Map i ., € Infill "� a. - Infill (Priority) lb r 0 a. E 1 i N EVEN PRAIRIE , �. ' 2040 • Proposed Guiding Changes Map `111 TOD 4. o ASPIRE PRAIRIE 200 4 3 3/26/2018 A It- :. r i ciap.fr-r" IN_ la 1-- A-. ill • i"e w . a PS a 1. liovvicor 4 i 911r- itt illW /46-141110 ll'il jarSiiliti.Ai le irio incl., Brivil vara,1 iii ikvarawl h, D rim 11 V lgti Ilk __EN 4IP' Oil Oil Air A P.' 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IND iiEn 1.1. . / !Mr 1- L..• Ilm ier m mi. _ _- - 3/26/2018 Co oval.'In n o nF r &- Y . . __ is f `•' °m �" r - '5.-4 .. r' Hills Par ,, X- ,\+ • S4 7 -• ' EDEN ApR 2040 ,; L - T tE . r_'J _ Land Use Categories • Town Center (25-75) • Industrial • Regional Commercial • Public/Semi-Public • Commercial • Parks/Open Space • Office • Golf Course • Industrial Flex Tech •Airport asPIRE 2040 8 3/26/2018 -- -- N. , — fRii - : J lui-L AlrAnierican'Tille • - 8 • Winter Park .. .. _ ,. ,,,,,,,*,-...k., -,, , 4 ' 1, #4/41' . . •- , , •, . .IL. • • g ( . . , .• A Slid WEL -, Ili., . . . Vikings.. Minnesota •p , Focitbali.LLC 4 ,...,•', 4 1 • . A 1 . .: ....,„ Minnesofb Vik'ngs , 1. . 3, d', • - ir• ,t - li _ .3.!, r ' -"., of i ' g,r _it •' , -",/,'S . ., F; • i.,.0 . ____( - .L.. . A . ,-- ,-„ -. , '—..11101 ,c .. —___L______-----•••-51 I __IM,„_----• ASVik.t09.1)ri • E DEN MN -6---- 2040 111:140 C13 ..gm...--:- Minnehaha Diaper Co - ' - - -- — _ Next Steps 2040ASPIRE 9 3/26/2018 0/A ASPIRE 2040R 10 3/26/2018 Draft Plan Chapters (complete) • Chapter 1: Eden Prairie Today • Chapter 2: Eden Prairie Tomorrow - Goals & Objectives(standalone vs. Intergrated) • Chapter 5: Economic Competitiveness • Chapter 10: Subarea Plans ASPIRE 2040R Draft Plan Chapters (in progress) • Chapter 1: Eden Prairie Today • Chapter 2: Eden Prairie Tomorrow - Goals & Objectives(standalone vs. Intergrated) • Chapter 5: Economic Competitiveness • Chapter 10: Subarea Plans ASPIRE 2040R 11 AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MARCH 20, 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 A. SOUTHWEST TRANSIT 2017 DISTINGUISHED SERVICE AWARD by Len Simich, Executive Director and Jay Rowe, Chair B. STATE OF SOUTHWEST TRANSIT by Len Simich C. ACCEPT DONATION FROM OSR PHYSICAL THERAPY OF $750 FOR PARKS AND RECREATION SPECIAL EVENTS (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 6, 2018 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 6, 2018 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION GRANTING RENEWAL OF A T-MOBILE COMMUNICATION LICENSE AGREEMENT AT 7401 DELL ROAD C. AWARD CONTRACT TO RJ MARCO CONSTRUCTION FOR BUILDING NEW EP FOUNDATION OFFICE IN CITY HALL CITY COUNCIL AGENDA March 20, 2018 Page 2 D. AWARD CONTRACT FOR MILLER FIELD 11 IMPROVEMENTS E. DECLARE OBSOLETE EQUIPMENT AS SURPLUS F. APPROVE MASTER SERVICES AGREEMENT WITH VTI FOR SECURITY INFRASTRUCTURE SERVICES G. DECLARE UNCLAIMED PROPERTY AS ABANDONED H. AWARD CONTRACT FOR 2018 SEALCOAT PROJECT TO PEARSON BROTHERS, INC. I. AWARD CONTRACT FOR 2018 STREET STRIPING PROJECT TO SIR LINES-A-LOT J. APPROVE AGREEMENT WITH WENCK ASSOCIATES FOR LOWER RILEY CREEK WATERSHED OUTLET MONITORING K. ADOPT RESOLUTION SUPPORTING T.H. 169 MNPASS PROJECT SUBMITTAL TO CORRIDORS OF COMMERCE L. APPROVE AGREEMENT WITH SRF CONSULTING GROUP FOR RAILROAD QUIET ZONE DESIGN AND IMPLEMENTATION M. AWARD CONTRACT FOR NEW WATER TRUCK BODY TO STEPP MANUFACTURING CO,INC. N. ADOPT RESOLUTION APPROVING AGREEMENTS REGARDING EDEN PRAIRIE MALL ANCHOR TENANTS IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENT DEDICATED ON BLUESTEM HILLS 3RD ADDITION (Resolution) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS CITY COUNCIL AGENDA March 20, 2018 Page 3 1. Mayor's Water Challenge (Resolution) B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Emerald Ash Borer Management Plan Update and Award Contract for Treatment of Ash Trees to Rainbow Treecare E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: March 16, 2018 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, March 20, 2018 TUESDAY, MARCH 20, 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 A. SOUTHWEST TRANSIT 2017 DISTINGUISHED SERVICE AWARD by Len Simich, Executive Director and Jay Rowe, Chair B. STATE OF SOUTHWEST TRANSIT by Len Simich C. ACCEPT DONATION FROM OSR PHYSICAL THERAPY OF $750 FOR PARKS AND RECREATION SPECIAL EVENTS (Resolution) MOTION: Move to adopt the Resolution accepting the donation from OSR Physical Therapy of$750 for Parks and Recreation Special Events. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES ANNOTATED AGENDA March 20, 2018 Page 2 MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 6, 2018 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 6, 2018 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-M on the Consent Calendar. A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION GRANTING RENEWAL OF A T-MOBILE COMMUNICATION LICENSE AGREEMENT AT 7401 DELL ROAD C. AWARD CONTRACT TO RJ MARCO CONSTRUCTION FOR BUILDING NEW EP FOUNDATION OFFICE IN CITY HALL D. AWARD CONTRACT FOR MILLER FIELD 11 IMPROVEMENTS E. DECLARE OBSOLETE EQUIPMENT AS SURPLUS F. APPROVE MASTER SERVICES AGREEMENT WITH VTI FOR SECURITY INFRASTRUCTURE SERVICES G. DECLARE UNCLAIMED PROPERTY AS ABANDONED H. AWARD CONTRACT FOR 2018 SEALCOAT PROJECT TO PEARSON BROTHERS, INC. I. AWARD CONTRACT FOR 2018 STREET STRIPING PROJECT TO SIR LINES-A-LOT J. APPROVE AGREEMENT WITH WENCK ASSOCIATES FOR LOWER RILEY CREEK WATERSHED OUTLET MONITORING K. ADOPT RESOLUTION SUPPORTING T.H. 169 MNPASS PROJECT SUBMITTAL TO CORRIDORS OF COMMERCE L. APPROVE AGREEMENT WITH SRF CONSULTING GROUP FOR RAILROAD QUIET ZONE DESIGN AND IMPLEMENTATION M. AWARD CONTRACT FOR NEW WATER TRUCK BODY TO STEPP MANUFACTURING CO, INC. ANNOTATED AGENDA March 20, 2018 Page 3 IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENT DEDICATED ON BLUESTEM HILLS 3"ADDITION (Resolution) Synopsis: There has been a request to vacate a part of the drainage and utility easement dedicated over Lot 1, Block 1, on the plat of Bluestem Hills 3rd Addition. A portion of the deck and porch on the lot is encroaching into the platted easement. Upon review, Engineering Staff recommends that the part of the easement described above be vacated to eliminate the encroachment. MOTION: Move to: • Close the public hearing; and • Adopt the resolution vacating a part of the Drainage & Utility Easement dedicated on BLUESTEM HILLS 3RD ADDITION over Lot 1, Block 1, Hennepin County, Minnesota. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. EMERALD ASH BORER MANAGEMENT PLAN UPDATE Synopsis: As part of the updated Emerald Ash Borer Management Plan, staff is proposing to chemically treat approximately 1054 ash trees located on City property. The proposed ash trees would be treated over a three- year treatment period,with approximately 1/3 being treated every year. ANNOTATED AGENDA March 20, 2018 Page 4 MOTION: Move to accept the proposals and authorize entering into a contract with Rainbow Treecare for the treatment of Ash Trees on City property over the next three years at a total cost not to exceed $63,870.60. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations March 20, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer, Director, Donations from OSR Physical Therapy IV.C. Parks and Recreation Requested Action Move to: Adopt Resolution accepting the donation from OSR Physical Therapy in the amount of $750 for Parks and Recreation Special Events. Synopsis OSR Physical Therapy gave $750 to be used to enhance the following programs: $250 Fall into Fitness $250 Indoor Triathlons $250 Senior Center BBQ Background These contributions make enhancements to programs, along with allowing several programs to be available to the community that would not otherwise be possible. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$750 to be used for various Parks and Recreation Special Events from OSR Physical Therapy is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 20th day of March, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk APPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,MARCH 6, 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 II(5:30) I. 2017-2018 WORK PLANS/CITY COUNCIL GOALS AND INITIATIVES City Manager Getschow reviewed work plan accomplishments and goals for each department. Getschow shared the Eden Prairie Promise, Shared Expectations, were updated with five new values: collaboration, innovation, integrity,performance, and relationships. Getschow stated the Parks and Recreation Department has done park renovations at Riley Lake, Cedar Hills Park, and Staring Lake Outdoor Center with upcoming renovations at Staring Lake. Public art will be implemented into parks. There have been hundreds of trees planted, and diseased trees have been inventoried. There will be an updated Diseased Tree Ordinance. Overall the City has been enhancing community-wide events. Getschow stated the Public Works Department has done seal coating, worked on attaining funding for quiet zones, managed utility rates, implemented neighborhood sump pump collection systems, and been innovative with water reuse. The Hidden Ponds water tower will be repainted. Contracts will be awarded for Duck Lake Road and Preserve Boulevard reconstruction, and bids will open in May for Southwest Light Rail Transit (SWLRT). Council Member Aho asked about SWLRT since the Federal Transit Administration(FTA) said it would not be funded. Getschow responded we are still uncertain what will happen. FTA funding is close to a year behind the bids, and history has shown these projects have continued to be funded. Public Works Director Ellis added we would not execute a change order to include Town Center Station into the project until there is a full-funded grant agreement. We would have to commit to acquisition of right-of-way, but it would not be a lost cause since we would need that for construction of the streets. Getschow stated the Fire Department has 50 percent more use of ePermit, and Escheduling has been implemented. Insurance Service Office (ISO) ratings have improved from a 4 to a 3. This saves the home owners on their insurance premiums. Fire Chief Esbensen noted some of this is attributed to duty crew, the records management system for training, extra 911 center staffing, hydrant water supply, and response times. Last year there were more Minnesota Fire City Council Workshop Minutes March 6, 2018 Page 2 Grants available for training. Getschow stated there will be an upgrade to IP Based City cameras. Wellness and wellness screenings have also been a priority. Getschow stated the Community Development Department has completed the Strategic Plan for Housing and Economic Development. Additionally, the City Entry Monument signs are underway, with one completed. The City has released with the Daycare center. Some other new projects are Scheels and Prairie Bluffs Senior Living. Mayor Tyra-Lukens asked what the delay is with Prairie Bluffs. City Planner Klima replied the transitional care licensing was under review. It looks like they will begin in the spring. Getschow stated there has also been a lot of involvement in Aspire. Other projects that occurred are FedEx at Windsor Plaza, Park Nicollet off Flying Cloud Drive, and approval for Elevate. The Assessing Division valued over 22,705 properties. Market value is up, and the 2018 market value is up an additional three percent. There is also potential for development. Getschow stated the Police Department implemented all-in-one handheld communication devices and have worked on enhancing their street crimes unit. They now own a mobile camera trailer with the intent to deter crime, they are developing a text-to-911 program, and they are looking for foundations, groups, and organizations to help provide scholarships for treatment and recovery of opioid addiction. Getschow stated the Administration Department looked at updating the records management system and has worked on a ten year Capital Improvement Plan(CIP)update. Liquor sales were down but better than expected, and they are looking into delivery options. Communications did a redesign to the Life in the Prairie magazine. The IT Division worked on a lot of upgrades and employee network security training. Aho asked if employees are doing a lot of network security training. Getschow responded there was a phishing test to all employees and ten percent of employees are required to be retested. Aho mentioned he would like to see a way to attract economic development from the business community. COCO is a program to consider for bringing entrepreneurial business startups to the community. Butcher Wickstrom stated a healthy City is multi-generational. She is aware there has been a big focus on seniors in the community, but she is concerned about how we attract millennials and gen-x aged people to this community and have them continue to come back. It would be good to have more businesses to attract young people. She is aware of the high price point, but this should be continually considered when making decisions. Butcher Wickstrom would also like for the City to document its prehistory, protohistory, history and current days, whether in book form or dramatic presentation. This story needs to be told more fully. Grant opportunities could be sought. Council Member Case would like to see a direct tie with municipality's efforts to combat climate change. The City could label its initiatives to get more buy-in and passion on the issue of sustainability. Case also commented Flying Cloud Airport has been in a lull and there is a need to prepare for future requests to increase the weight limit. City Council Workshop Minutes March 6, 2018 Page 3 Case commended the community diversity celebration and its emphasis. Case suggested Council meetings be held in different locations and possibly tied to the topic. Another consideration is the Senior Issues Task Force as it was last visited in 2006. Tyra-Lukens mentioned she would like to insure as a community that we do not allow our strip malls to turn into gun shops, pawn shops, and adult entertainment. A plan needs to be in place to be proactive about this. Tyra-Lukens also stated, in line with the sustainability goals, is there something residents can do to opt into alerts of higher water usage? This would be something the City could look into. Tyra-Lukens inquired if we can make better use of the app Next Door to establish a better sense of community. This has a lot of potential to drive people to events or inform people of alerts in their neighborhood. Case mentioned the police regularly post on Next Door. Communications Manager Lorenz mentioned the City does targeted messaging to neighborhoods, but those neighborhood boundaries are already set up by Next Door. Getschow added Next Door has been helpful to receive feedback from the community as well, but the City's account cannot see other comment threads. Open Podium - Council Chamber (6:30) II. OPEN PODIUM A. CHRISTINE COUGHLIN—HUMANE PET STORE ORDINANCE (6:40) Christine Coughlin, Minnesota State Director of the Humane Society, encouraged the City to consider passing the Humane Pet Store Ordinance. Coughlin stated the Humane Pet Store Ordinance prevents the pet store sale of dogs and cats from puppy mills. Over 200 local jurisdictions across the nation have adopted this ordinance. Coughlin noted businesses in Eden Prairie are already partnering with rescues to do adoption. This ordinance will prevent other pet stores from moving into the city, it is a great reflection of community values, and it celebrates the businesses that are doing it right. Case inquired about distinguishing from a puppy mill versus a small scale humane breeder. To be clear, no breeder could sell a puppy or cat through a pet store? Coughlin replied yes, this prevents small scale responsible breeders from selling at a pet store. B. MARIE HANSON- PICKLE BALL Marie Hanson, Vice President of Pickle Ball Club, said she is very thankful for the time, energy, and efforts of staff on the courts project. She thanked the Council and Jay. Hanson noted Jerry Moss also worked very hard on this project and had recently passed away. III. ADJOURNMENT APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MARCH 6, 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, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. Council Member Nelson was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. ACCEPT DONATION FROM MEDEXPRESS FOR PARKS AND RECREATION SPECIAL EVENTS (Resolution No. 2018-34) Lotthammer noted MedExpress has been a good supporter of the community and our park system. They recently donated $2500 towards four different events. MOTION: Butcher Wickstrom moved, seconded by Aho, to adopt Resolution No. 2018-34 accepting the donation from MedExpress Urgent Care for$2,500 for Parks and Recreation special events. Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Aho added Item XIV.A.1. Case added Item XIV.A.2., and XIV.A.3. Getschow noted there was a goldenrod replacement sheet for Item VIII.B. to reflect changes made to the development agreement. MOTION: Aho moved, seconded by Case, to approve the agenda as amended. Motion carried 4-0. CITY COUNCIL MINUTES March 6, 2018 Page 2 VI. MINUTES A. COUNCIL WORKSHOP HELD MONDAY, FEBRUARY 5, 2018 MOTION: Case moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council workshop held Monday, February 5, 2018. Motion carried 4-0. B. CITY COUNCIL MEETING HELD MONDAY,FEBRUARY 5, 2018 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Monday, February 5, 2018. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SCHEELS by CAPREF Eden Prairie. Second Reading of Ordinance No. 4-2018-PUD-1-2018 for PUD District review with waivers on approximately 20 Acres; Resolution No. 2018-30 for Site Plan review; Development Agreement. C. ADOPT RESOLUTION NO. 2018-35 SUPPORTING SOUTHWEST TRANSIT BONDING REQUEST FOR GARAGE AND MAINTENANCE FACILITY EXPANSION D. ACCEPT PUREGRACE RUSTICA LEASE AMENDMENT FOR SMITH DOUGLAS MORE PROPERTY E. APPROVE CHANGE ORDER NO. 1 FOR RILEY LAKE PARK IMPROVEMENTS BY ODESA II F. ACCEPT BIDS AND AWARD CONTRACT FOR 2018 FOREST HILLS PARK TENNIS COURT REHABILITATION PROJECT TO DMJ ASPHALT, INC. G. APPROVE RAILROAD LICENSE FOR INSTALLATION OF MULTIUSE TRAIL NEAR EDEN PRAIRIE HIGH SCHOOL H. AWARD CONTRACT FOR 2018 CRACK SEAL APPPLICATION PROJECT TO FAHRNER ASPHALT SEALERS, LLC I. ADOPT RESOLUTION NO. 2018-36 FOR PURCHASE OF PROPERTY FROM STATE OF MINNESOTA FOR CONVEYANCE NO. 2015-0086 CITY COUNCIL MINUTES March 6, 2018 Page 3 J. AMEND CONSERVATION EASEMENT OVER LOTS 1, BLOCK 1 OF BLUESTEM HILLS THIRD ADDITION K. ADOPT RESOLUTION NO. 2018-37 SUPPORTING 1-494 MNPASS PROJECT SUBMITTAL TO CORRIDORS OF COMMERCE MOTION: Butcher Wickstrom moved, seconded by Case, to approve Items A-K on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS/MEETINGS A. 2018 CDBG FUNDS (Resolution No. 2018-38) Resolution No. 2018-38 approving the use of 2018 CDBG funds as recommended by the Eden Prairie Human Services Committee Getschow said this is an annual event where the City Council holds a public hearing to allocate Community Development Block Grant(CDBG) funds for agencies and projects in the City. Eden Prairie receives approximately$200,000 from the federal government which the City can allocate and use for projects that benefit low to moderate income families and housing projects. This year the Human Services Review Committee has recommended three agencies to receive human services funding and has recommended $145,000 funding for housing programs. Mike Berglund, Board Chair of PROP, thanked the Council for their support of PROP's housing support services and emergency vehicle repair program. He reported the funding has helped many families with emergency housing needs and vehicle repair. Jon Burkhow, Director of the Household& Outdoor Maintenance for Elderly(HOME) program, said his organization works with seniors and local community volunteers. They are working to get more people involved as volunteers and have received a grant to develop an action plan to improve their procedures for recruiting and working with volunteers. HOME holds a technical conference every fall as part of their focus on technology for seniors. MOTION: Aho moved, seconded by Butcher Wickstrom, to close the public hearing, and to adopt Resolution No. 2018-38 approving the use of 2018 CDBG Funds as recommended by the Eden Prairie Human Services Review Committee. B. PRESERVE VILLAGE RETAIL BUILDING—JERRY'S FOODS by Sambatek Inc. Adopt Resolution No. 2018-39 for PUD Concept Review on 9.10 Acres; First Reading of an Ordinance for PUD District Review on 9.10 Acres; Adopt Resolution 2018-40 for preliminary plat of one outlot into one lot on 9.10 Acres (Resolution No. 2018-39 for PUD Concept Review with waivers; Ordinance for PUD District Review with waivers; Resolution No. 2018-40 for Preliminary Plat) Getschow said the proposed project includes construction of a stand-alone retail building which will be located on the east side of the existing parking lot at 9625 CITY COUNCIL MINUTES March 6, 2018 Page 4 Anderson Lakes Parkway and will have a Starbucks with drive-through and up to two additional retail tenants. The proposed building is approximately 5,300 square feet. The front of the building faces west toward the Preserve Village shopping center and parking lot and the back of the building faces Hennepin Town Road. The building includes architectural details, articulation and roof line variation on all four sides. The building material is primarily brick and glass. Access to the site is from Hennepin Town Road. Brady Busselman, representing Sambatek, gave a PowerPoint presentation of the project. He said there is a lot of unused parking at the current site, so there will be room for the Starbucks drive-through. The 5400-square-foot building will be situated between the two entrances to Preserve Village Mall from Hennepin Town Road. They plan to construct one large sign near Anderson Lakes Parkway and to remove the two existing pylon signs on Hennepin Town Road because changes to Hwy 169 and Anderson Lakes Parkway intersection have made those signs less visible. They plan to have landscaping around the new building and have added landscape islands in the parking lot. The drive-through entrance will be on the south side of the building. They plan to remove some trees and replace them with other trees or screening shrubs. Kathy Anderson, President of Architectural Consortium, LLC, said they will be matching the remodel that was done to the mall three or four years ago. It is a predominately brick building, and they will match the colors. She reviewed the architecture and colors of the building and the outdoor patio feature. Butcher Wickstrom asked if the Starbucks currently located in the mall intends to stay there. Ms Anderson replied they will stay because the drive-through will serve different clients. Tyra-Lukens asked about a discrepancy in the landscaping plans regarding the number of caliper inches of trees to be replaced. Mr. Busselman replied they will be replacing 31 caliper inches of trees. Tyra-Lukens asked if the Starbucks will be a drive-through only. Ms Anderson replied the Starbucks will have indoor seating and outdoor patios, and they would expect it to become a community gathering place. Tyra-Lukens asked if there will be LED lighting and bike racks, and if the two patio areas are grassy or hard surfaced. Ms Anderson said the parking lot lighting will be upgraded to LED, there will be a bike rack which probably will be located near the patio, and both patio areas are hard surface. Tyra-Lukens asked what the walking pattern would be for customers who want to cross over to the mall building. Mr. Busselman replied there will be a striped area going to the main entrance of the mall building. Tyra-Lukens asked if cars will be crossing the striped walkway. Ms Anderson replied walking on the driving surface is the usual way of walking in a shopping center. Tyra-Lukens asked if there could be paver stenciling to delineate the walkway. Mr. Busselman replied they planned to have striping similar to that in a crosswalk, but they could evaluate the possibility of paver stenciling. CITY COUNCIL MINUTES March 6, 2018 Page 5 MOTION: Aho moved, seconded by Case, to close the public hearing; to adopt Resolution 2018-29 for Planned Unit Development concept review on 9.10 acres; to approve 1st reading of the ordinance for Planned Unit Development District review with waivers, on 9.10 acres; to adopt Resolution 2018-40 for Preliminary Plat on 9.10 acres into one lot; and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. (Prior to the vote to close the public hearing the Council agreed to hear a comment from the audience) Karl Wahlquist, 10589 Sherman Drive, asked about the route delivery trucks would take for the new building and how the trucks would be screened for the neighboring residents. Ms Anderson said the side facing the freeway will be the delivery area. VOTE ON THE MOTION: Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Case moved, seconded by Butcher Wickstrom, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Butcher Wickstrom, Case, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS A. 2018 COMMISSIONS Getschow said the Council interviewed all the applicants on Wednesday, February 21. This year there were more people who applied than there were spaces to fill on the commissions. He noted there are openings every year, so we encourage those that may not have been appointed to apply again in the future. All of the commission terms will begin in April. There will be an orientation session at the end of March. MOTION: Case moved to appoint to the Conservation Commission Cindy Hoffmann and Lena Zakharova with terms ending March 31, 2021; Tyra-Lukens moved to appoint to the Flying Cloud Airport Advisory Commission Bob Barker and Kurt Schendel with terms ending March 31, 2021; Butcher Wickstrom moved to appoint to the Heritage Preservation Commission Paul Thorp, Steve Olson, Tara Kalar with terms ending March 31, 2021, and Richard Smith with a term ending March 31, 2020; Aho moved to appoint to the Human Rights and Diversity Commission Gregory Leeper with a term ending March 31, 2021; Case moved to appoint to the Parks, Recreation &Natural Resources Commission Larry Link with a term ending March 31, 2021, and Andrew McGlasson with a term ending March 31, CITY COUNCIL MINUTES March 6, 2018 Page 6 2020; and Tyra-Lukens moved to appoint to the Planning Commission Carole Mette and Edward Farr with terms ending March 31, 2021. Seconded by Case. Motion carried 4-0. Tyra-Lukens encouraged people to apply again if they did not receive an appointment. She noted the list of applicants is retained because there is sometimes a need to appoint a replacement for a commission member who may drop off. B. 2018 COMMISSION CHAIRS & VICE CHAIRS MOTION: Aho moved to appoint Lori Tritz Chair and Ashley Young Vice Chair of the Conservation Commission; Butcher Wickstrom moved to appoint Keith Tschohl Chair and Bob Barker Vice Chair of the Flying Cloud Airport Advisory Commission; Tyra-Lukens moved to appoint Steve Olson Chair and Tara Kalar Vice Chair of the Heritage Preservation Commission; Case moved to appoint Sana Elassar Chair and Gregory Leeper Vice Chair of the Human Rights and Diversity Commission; Aho moved to appoint Larry Link Chair and Debra McBride Vice Chair of the Parks, Recreation and Natural Resources Commission; and Butcher Wickstrom moved to appoint Andrew Pieper Chair and Ed Farr Vice Chair of the Planning Commission. Seconded by Aho. Motion carried 4-0. XIV. REPORTSSL A. REPORTS OF COUNCIL MEMBERS 1. Joint Airport Zoning Board—Council Member Aho Aho said he currently serves as Chair of the Joint Airport Zoning Board(JAZB), whose purpose is to help fulfill the State requirements that we have zoning around the airport. The JAZB recently held a public hearing at City Hall. There has been a lot of development in the vicinity of the airport, and we would like to establish zoning so people understand the rules for development in that area. He noted he also served on the JAZB in 2009 when the board made recommendations for zoning and submitted them to MnDOT for their approval. At that time there was litigation going on with regard to airports and zoning. The Metropolitan Airport Commission (MAC) and the JAZB decided it wasn't a good time to pursue the zoning ordinance. At this time all the lawsuits have been settled, and it is a good time to bring the JAZB back together. The JAZB has worked to update the existing ordinance and zoning that was developed in 2009. He noted a big component of the original recommendations concerned safety issues, and they have verified that the recommendations regarding safety are still valid. Aho said the JAZB reviewed their recommendations for the zoning plans at a recent public hearing. Currently, there is a period of public comment open until March 14. He urged anyone who is interested in the zoning recommendations to comment. After the comment period ends, the JAZB will meet to review the CITY COUNCIL MINUTES March 6, 2018 Page 7 comments, to make adjustments, and to approve the updated draft before sending it on to MnDOT. MnDOT will come back with their comments, and there may then be some negotiations and changes after their comments. The JAZB will hold another public hearing after which the final adoption of the zoning ordinance will occur. He noted the zoning ordinance being discussed does not impact airport operations and does not change any of the noise patterns at the airport. Tyra-Lukens asked how someone would read the proposed ordinance and submit a comment. Aho said comments can be sent to the Secretary of the JAZB, Metropolitan Airports Commission, 6040 28th Ave So., Minneapolis, MN, 55450. Comments can also be emailed to FCM.zoning@MSPMAC.org. The ordinance is available on the MAC website, Metroairports.org, at the FCA Joint Airport Zoning tab. Case thanked Council Member Aho for representing the City Council on the JAZB. He noted during his tenure on the Council he has had two opportunities to vote on JAZB recommendations, and he has voted against the ordinances both times. He noted the MAC has zoning power over all communities in the State by legislative authority. In his mind we are getting involved in part because we felt it was better to have a seat at the table. He thought we need to preserve our options to fight the zoning. If weight restrictions were to be removed so that more and heavier planes could land at the airport, changes to the trapezoidal safety and noise contours of Zones A and B could occur. That could result in zoning that could occur on top of non-compliant, pre-existing uses, and that could be a detriment to residents. We need to be ready to step in and fight for our residents. He saw potential dangers down the road. 2. Humane Pet Store Ordinance—Council Member Case Case said he would like to get the other Council Members' agreement to have staff bring back to the City Council an ordinance that would ban the sale of mass-bred cats and dogs within our City. Tyra-Lukens agreed that was a good idea, but noted people would still be able to go to a private breeder to purchase a pet. Case noted all of the pet stores in the City already abide by this,but this would be a statement of values. He noted 24 of 25 national pet stores have adopted this policy. Butcher Wickstrom agreed with developing the ordinance. She was very proud of the two businesses in Eden Prairie that do not sell animals that have been mass bred. Both stores have been very active in helping to find homes for cats and dogs that have been rescued. She thought we should celebrate the good business models of the two stores in the City. 3. Scheels Project—Council Member Case Case said he was proud that Scheels has chosen to come into our community CITY COUNCIL MINUTES March 6, 2018 Page 8 with a flagship store; however, the fact that they will be selling guns in the Eden Prairie Mall,particularly the AR-15 model, has generated emails to Council Members. He asked if there is a way to open up a conversation looking at what Dick's and Walmart have done recently. He asked staff to set up a meeting with Scheels leaders or arrange to take comments on the website to hear the concerns of Council Members and residents. He noted Scheels has introduced positive measures to walk people with guns into the store; however, he wanted to share some of the concerns we have been hearing with Scheels representatives. Tyra-Lukens thought it would be a good idea to continue the conversation in some way. Butcher Wickstrom agreed and said a conversation would provide clarity of what Scheels will do to address the issue. They may have a policy to help residents feel safe and comfortable. People want to know how they can feel safe, and her heart is with everyone that contacted her. The question is how do we create a balance of supporting Second Amendment rights while, at the same time, making people feel safe. Aho thought we did ask such questions about Scheels' procedures regarding guns when the representatives were here to present the project plans. There was an incident at the current store that resulted in the mall being locked down, and we addressed that incident with the Scheels' representatives when they were here. He realized there is a lot of general, overall concern about weapons right now because of the recent mass shooting. The police force here in Eden Prairie is doing an exemplary job in preparing for and responding to such incidents. They help people with mental health issues get the help they need. He thought we, as a City, need to work with our State and national representatives to effect changes to gun laws. As a City, it is important to be aware of what is going on and to work with local law enforcement and vendors to keep from selling weapons to those who should not have them. He agreed it would be good to meet with Scheels about their safety procedures. B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. ACCEPT BIDS AND AWARD CONTRACT FOR STARING LAKE PARK PLAY COURT IMPROVEMENTS Lotthammer noted the City Council and the Parks Commission have heard about the Staring Lake Play Court improvement project several times the last couple of years. There are quite a few members of the Southwest Metro Pickleball Association in the audience tonight, and those members have been helpful to staff in understanding the concerns about pickleball courts. CITY COUNCIL MINUTES March 6, 2018 Page 9 Lotthammer said the project was put out for bid with two alternates bids for the project. The base project included redoing the tennis and basketball court and building four pickleball courts with site preparation and a patio area. Alternate 1 included six pickleball courts, and Alternate 2 had eight pickleball courts. He said trees along the road would have to be removed,but several of the trees could be transplanted. The alternate for eight courts would require a retaining wall along the side of the eighth court. The sand volleyball court would be relocated to accommodate the new construction. The courts will not have lights because the cost for lighting is prohibitive. There will be drinking fountains, bike racks and benches. The trail will have to be rerouted slightly. Lotthammer said nine contractors bid on the project, and staff was very pleased with the prices that came back. The lowest bidder was Odessa II with a total bid of$426,409 for the project with Alternate 2. That is a reasonable price and is under the engineers' estimate. Odessa II is the contractor that did all the work at Riley Lake Park last year as well as work at several other of our parks. By changing the schedules for redoing the tennis and basketball courts and updating the Staring Lake building, there is funding available from the Capital Improvement Plan. The Southwest Metro Pickleball Association has pledged $47,150 in fundraising for the project, and they submitted a petition in support of the eight-court alternate. He said construction could begin in April or May with the project open for play in August or September. Staff determined that the eight court alternate was a good option. The Parks Commission heard the presentation at their meeting last night. The meeting had limited attendance due to the weather, but those in attendance agreed with the staff recommendation, as did those to whom the presentation was emailed. Lotthammer said we have reached a point where mixing tennis and pickleball isn't working well. Staff would propose to revert Riley Lake Park back to tennis courts. They are looking at a concept at Pioneer Park for 2-4 permanent play courts with a new court surface. One of the tennis courts would be put back to tennis only, and the other tennis court would be made into 2-4 pickleball courts. Tyra-Lukens commented this was an exciting report, and it is great to see the project came in under estimate. Aho asked if the eight-court alternate would meet the needs of the pickleball community in terms of hosting tournaments. Lotthammer replied the pickleball community would probably say the more courts the better, but we would like to accommodate the daily play needs for residents. Other communities have plans to expand the number of pickleball courts in the next few years as those are needed. Aho asked how many courts there will be in the City. Lotthammer said this would make the total 16. There are four indoor courts at the Community Center, and seven private courts at Champions Hall. CITY COUNCIL MINUTES March 6, 2018 Page 10 Butcher Wickstrom appreciated the hard work staff has done on this and the creativity behind it. She supported Alternate 2 with the eight courts. She was pleased we are able to tweak some future projects and move back current projects so we can do this. It was a hard conversation at the time, and she thanked staff for figuring out a way to get this done to serve the community at a reasonable cost. Aho thanked the Southwest Metro Pickleball Association for bringing forth some funding. Case thanked staff for being sensitive to the direction the Council was going and to the evolving demographics in the City. MOTION: Butcher Wickstrom moved, seconded by Case, to accept the bids and authorize entering into a contract to include the base bid and bid alternate #2 with Odesa II for the Staring Lake Park Play Court Improvements Project. Motion carried 4-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Butcher Wickstrom,to adjourn the meeting. Motion carried 4-0.Mayor Tyra-Lukens adjourned the meeting at 8:20 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 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: The Preserve Association Event: The Preserve Spring Wine Tasting Date: May 4, 2018 Place: Preserve Barn 11221 Anderson Lakes Pkwy 2018 Renewal Licenses Private Kennel Binh Vuong 19074 Barrington Drive Robert&Lorraine Stanton 16427 South Manor Road - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Telecommunications—T-Mobile— VIII.B. Development/Planning License renewal for communication Janet Jeremiah/Steve Durham Facilities at 7401 Dell Road Water Tower Requested Action Move to: Adopt Resolution Granting Renewal of a T-Mobile Communication License Agreement at 7401 Dell Road Water Tower. Synopsis A renegotiated lease with a continued 5% annual rent increase has been agreed upon by T- Mobile. This annual increase is consistent with the present lease terms. The lease is for 5-year period with a one (1)time renew for 5 years. The total lease agreement is for 10 years. Background The City entered into a Lease Agreement with T-Mobile Wireless on April 15, 1998. The term of lease agreement was for 20 years. The lease expired on April 15, 2017. The City has honored the lease agreement on a month to month lease extension. T-Mobile and the City have converted the lease to a license agreement now ready for execution. Attachments Resolution for Communication Facilities License Agreement. License Agreement CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- A RESOLUTION GRANTING A RENWAL FOR A COMMUNICATION FACILITIES LICENSE AGREEMENT AT THE 7401 DELL ROAD PROPERTY. WHEREAS, T-Mobile has an existing Lease Agreement with the City for placement of communication antennae on the 7401 Dell Road Tower dated April 15, 1997 as amended by Amendment No. 1 to Lease Agreement dated October 21, 2014; and WHEREAS, T-Mobile has requested a renewed license agreement to replace the expiring agreement, the new agreement to commence as of April 15, 2017; and WHEREAS, The City of Eden Prairie and T-Mobile have agreed to terms for a new Communication Facilities License Agreement at 7401 Dell Road Facility for a term of five (5) years beginning on April 15, 2017, with an option to extend the Agreement for one (1) additional five (5) year term; and WHEREAS, the City Council has reviewed said request at a public meeting on March 20, 2018. NOW, THEREFORE,BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that the new Communication Facilities License Agreement between the City of Eden Prairie and T-Mobile with a commencement date April 15, 2017 is approved and the Mayor and City Manager are authorized to execute the Amendment. ADOPTED by the City Council of the City of Eden Prairie this 20th day of March, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk COMMUNICATION FACILITIES LICENSE AGREEMENT 7401 Dell Road Water Tower This Communication Facilities License Agreement ("Agreement") is between the City of Eden Prairie, 8080 Mitchell Road, Eden Prairie, Minnesota, 55344, a Minnesota municipal corporation, hereinafter referred to as "Grantor," and T-Mobile Central LLC, a Delaware limited liability company, 12920 SE 38`" Street, Bellevue, WA 98006, hereinafter referred to as "Grantee. " Grantor and Grantee are referred to collectively herein as (the "Parties"). ,RECITALS : A. Grantor is the owner of certain real property located in Hennepin County, State of Minnesota, and more particularly described in Exhibit A attached hereto (the "Land") on which is situated a water tower (the "Water Tower"). The Land and Water Tower are hereinafter called the "Property". B. Grantee desires a non-exclusive license to use portions of the Property as described herein for the purpose of constructing, operating, and maintaining a communications facility ("Facility"). C. Grantor and Grantee are parties to a License Agreement dated April 15, 1997 (the "Terminated Agreement"). D. The approval of this Agreement by the Grantor's City Council or subsequent execution of this Agreement by the Grantor 's Mayor and City Manager does not approve or otherwise ratify the building permit or engineering review of Exhibit B (the "Plans and Specifications"). NOW, THEREFORE, the Parties agree as follows : 1 . Grant of License. Grantor grants to Grantee a license for the use of the Property for the period, uses, and consideration in accordance with all of the terms, covenants, conditions and provisions contained herein. 2. Term. The term of the license granted hereby shall be for a period of five years (the "Term"), commencing on April 15, 2017 (the "Commencement Date"). As of the Commencement Date, Grantor and Grantee agree that this Agreement replaces the Terminated Agreement. Grantor and Grantee acknowledge that notwithstanding the termination of the Terminated Agreement and the commencement of this Agreement, Grantee may have made and may continue to make, and the Grantor may continue to receive, rental and other payments pursuant to the Terminated Agreement. In such event, any rental or other payments made pursuant to the Terminated Agreement for any period after its termination shall be applied and credited against any rentals or other payments due under this Agreement. 1 3 . Consideration. Grantee shall pay or provide to Grantor the following: (a) Annual license fees in the following amounts to be paid in equal monthly installments, which include an annual access fee subject to the terms and conditions of paragraph 4 of Exhibit D : Year 1 (2018-2019) $ 34,846.00 Year 2 (2019-2020) $ 36,588 . 00 Year 3 (2020-2021 ) $ 38,417.00 Year 4 (2021 -2022) $ 40,337.00 Year 5 (2022-2023) $ 42,354.00 commencing on or before the first day on which the Term commences and on or before the first day of each month thereafter during the Term and any Extended Term as provided hereafter. 4. Grantee 's Use. Grantee may use the following parts of the Property for the following uses, and the construction, maintenance, repair and replacement of the following (all of which are hereafter referred to and are encompassed by the term ("Facility") : (a) Not more than twelve ( 12) cellular and link antennas and necessary connecting wave-guide and appurtenances on the Water Tower as more particularly described in Exhibit B attached hereto. Grantee shall not install any cellular or link antennas on the sides of the Water Tower. All Equipment installed on the Water Tower shall be painted to match the Water Tower with the same preparation standards and coating systems used on the Water Tower exterior. (b) A mezzanine consisting of approximately 150 square feet constructed within the Water Tower as described in Exhibit B attached hereto to house and contain Grantee 's radio equipment. (c) Utility wires, cables, conduits and pipes underground within that part of the Property described in Exhibit B attached hereto. (d) Grantee shall have the right to ingress and egress 24 hours each day, seven (7) days a week, on foot or motor vehicle on and over that part of the Property from and to Twilight Trail, as described in Exhibit B for the purpose of inspecting, maintaining and repairing its Facility and related equipment, provided however, Grantor shall have the right to require Grantee to exercise its rights of ingress and egress on and over a different part of the Property or other Property as may be provided by or through Grantor. All such access shall be subject to the City's "Facility Access Procedures and Fees for Telecommunications", as may be amended from time to time by the Grantor, attached hereto in its current form as Exhibit D. Except to the extent caused by others, Grantee shall be solely responsible, and liable to Grantor, for damage to Grantor's property caused by or attributable to Grantee. Grantee shall provide the Grantor with written notice at least 48 hours prior to accessing the Property, except in the event of a service interruption or equipment failure. The notice shall 2 be provided on a form approved by the Grantor. The information shall include but not be limited to the identity of the entity and individual accessing the Property and their contact information; the purpose for the access; the dates and hours of access; and proof of the required insurance. In the event of a service interruption or equipment failure, Grantee need not provide 48 hours' notice but shall provide the Grantor with as much written notice or telephonic notice as possible based on the circumstances. Grantor's staff must accompany Grantee and/or its designee for any work in proximity to any exposed water source, as determined by Grantor. (e) A separately metered connection to the commercial electric transformer locatedon the Property, provided sufficient capacity above that required for Grantor's use is available now or in the future. Grantee 's Facility shall be installed at Grantee 's expense and shall be maintained in a reasonable condition and secured by Grantee. Grantee shall ensure that its use of the Property is consistent with all local, state and federal laws, ordinances and regulations. If there is a conflict among the regulations they shall govern with the following priority: first federal laws, then state laws, and then local laws. A more restrictive regulation is not a conflict unless preempted. 5. Applications. Grantee shall obtain the Grantor's prior written approval for all installations (including the initial installation), additions, replacements, relocations, maintenance, repairs, and any other work which requires the revision of Exhibit B (collectively "Work") . Notwithstanding the foregoing, maintenance, repairs, and like-kind replacements of equipment and modifications, any of which occur within the interior of the Equipment Shelter, shall not require the prior approval of the Grantor. In order to request such approval, Grantee shall submit an application for the Work which application shall be in the form and contain the information required by the Grantor. In conjunction with any application, the Grantor may, in its sole discretion, require any or all of the following: (a) Interference Study. The Grantor may require that Grantee obtain and pay for a radio frequency interference study from an independent qualified professional approved by the Grantor. (b) Engineering Study. The Grantor may require that Grantee obtain and pay for an engineering study from an independent licensed engineer approved by the Grantor. (c) Construction Plans. The Grantor may require that Grantee provided detailed construction plans . If Grantor determines based on the application and all other information submitted that the Work in the application will interfere with another user in violation of this Agreement or will not be structurally sound the Grantor may deny the application by written notice to Grantee. 6. Approval of Applications. If Grantor approves the application, all Work shall be completed in compliance with the approved application. In addition, in conjunction with approval of any application, the Grantor may, in its sole discretion, require any or all of the following: 3 (a) As-Builts . The Grantor may require that Grantee provide as-built drawings upon completion of any Work. In the event where Grantee ' s contractor provides redlined As-Builts that indicate the project was built per plan, i.e. no redlined changes appear in the contractor-provided As-Builts, then Grantor agrees that clean As-Builts will not be needed because they would be duplicative of the Plans previously submitted with the approved Application. (b) Inspections. Grantor may require consulting engineering inspections beginning at pre-construction and continuing through installation/construction/punch-list and verification of as-builts at project completion. 7. Liens. Grantee shall take all steps necessary to prevent any mechanics ' or materialmen 's liens from being placed on the Property as a result of Grantee 's use of the Property. 8. Labeling. Grantee shall ensure that the site ID and an emergency contact number is clearly visible and legible on the Equipment Shelter. 9. Locates. Grantee shall be responsible for all utility locates relating to its Equipment and shall be responsible for all costs and damages related to any failure to do so. The Grantor is not responsible to notify the Grantee of locate requests. 10. User Priority. Grantee agrees that the following priorities of use, in descending order, shall apply in the event of interference or other conflict while this Agreement is in effect, and Communication Company's use shall be subordinate accordingly: i. Grantor; ii. Public safety agencies, including law enforcement, fire, and ambulance services that are not part of the Grantor; iii. Other governmental agencies where use is not related to public safety; and iv. Grantee and other government-regulated entities whose antenna offer a service to the general public for a fee in a manner similar to public utility, such as long distance and cellular telephone, not including radio or television broadcasters and pre-existing tenants . 11 . Non-Exclusive License. Grantee's license to use those portions of Grantor's Property described herein is non-exclusive and Grantor shall have the right to use its Property and to authorize others to do so as Grantor, in its sole discretion, may determine. In the event that the use of the Property by others to whom Grantor may authorize such use constitutes an unreasonable or harmful interference with Grantee's use of the Property, Grantee may give notice to Grantor of such interference. If the interference is not corrected within thirty 130) days after the giving of such notice, Grantee may terminate this Agreement upon notice to Grantor. In no event will Grantee be required to share with any third party the portion of the Property on which Grantee 's Facility as defined in paragraph 4 a-e is installed. 4 12. Utilities and Taxes . Grantee will be responsible for installation and payment of all utilities required by its use of the Property. Grantee shall pay all special assessments, andpersonal property and/or real estate taxes levied by any taxing authority, against or upon the Facility or the Property as a result of the installation and use of the Facility and the use of the Property by Grantee. Grantor will provide to Grantee a copy of any notice of taxes or special assessments imposed upon the Facility or Property as a result of the Facility or use of the Property by Grantee, which Grantor may receive from any taxing authority. (Subject to any and all limitations imposed by law, Grantee may contest, at its own expense, any such taxes or assessments.) 13 . Maintenance. All costs for maintenance of the Property and Facility including but not limited to painting or other maintenance of the Water Tower, that result from Grantee 's use of the Property, shall be paid promptly to Grantor by Grantee upon Grantor's demand. Grantee shall remove its Facility from the Water Tower within 180 days of written notice from Grantor that the Facility needs to be removed for maintenance of the Water Tower. Subject to compliance with all zoning and land use requirements, Grantee may install a temporary mobile communications facility on the Land during the maintenance period. The removal and subsequent replacement shall be at Grantee 's sole cost. 14. Ownership of Facility. During the Term of this Agreement and any Extended Term, ownership of the Facility will remain in the Grantee. Upon termination of this Agreement for any reason, including expiration of the Term or an Extended Term, the Facility shall become the property of Grantor, except (a) the transmitting, receiving, antennae switching equipment and cabinets commonly associated with wireless telephone service, and (b) those portions of the Facility which Grantor notifies Grantee of Grantor 's desire to have removed. Grantee shall, not more than sixty (60) days from the termination of this Agreement or the effective date of notice, whichever is later, remove those portions of the Facility which Grantor has notified Grantee that Grantor wishes removed and shall restore the Property from which they have been removed to its condition at the commencement of the Term. In order to ensure compliance with this Section, in conjunction with the execution of this Agreement Grantee shall provide Grantor with a deposit or escrow in the amount of $5 ,000.00, which shall be fully refunded to Grantee upon full compliance with this Section. 15 . Technology. Grantee shall use the Facility exclusively to provide communications services operating on the following frequency bands: Transmit: 600 MHz Block (622 to 637 MHz) 700 MHz Block (698 to 704 MHz) PCS B Block ( 1950 to 1965 MHz) PCS D Block ( 1945 to 1950 MHz) AWS D Block (2135 to 2140 MHz) AWS E Block (2140 to 2145 MHz) AWS Fl and F2 Blocks (2145 to 2155 MHz) 5 Receive: 600 MHz Block (668 to 683 MHz) 700 MHz Block (728 to 734 MHz) PCS B Block ( 1870 to 1885 MHz) PCS D Block ( 1865 to 1870 MHz) AWS D Block (1735 to 1740 MHz) AWS E Block ( 1740 to 1745 MHz) AWS Fl and F2 Blocks ( 1745 to 1755 MHz) If Grantee seeks to use other spectrum bands and/or other network technologies/standards or evolutions of such network technologies/standards, it must first obtain a separate or amended agreement from the Grantor for such additional or replacement use, but the addition or replacement of spectrum bands or other technologies or standards will not result in any increase to the license fee paid by Grantee so long as no additional equipment is required in connection therewith. 16. Advances in Technology. As technology advances and improved antennas are developed which are routinely used by Grantee in Grantee 's business, Grantor may require in its sole discretion the replacement of the existing antennas with any improved antennas then being used by Grantee in the Minneapolis — St. Paul Metropolitan Area if new antennas are more aesthetically pleasing or otherwise foster a public purpose, as long as the installation and use of improved antennas is economically and technically feasible for Grantee. In addition, if Grantee seeks to install or use equipment in addition to the specific equipment identified in this Agreement, it must first obtain prior written consent from Grantor. Notwithstanding the foregoing, maintenance, repairs, like-kind replacements of equipment and modifications which occur within the interior of any shelters or base station equipment, shall not require the prior consent of the Grantor. 17. Defense and Indemnification. (a) General . Grantee shall defend, indemnify, and hold Grantor harmless against any claim of liability or loss from personal injury, property damage or liens resulting from or arising out of the use and occupancy of the Property, and the installation and/or removal of the Facility by the Grantee, its officers, employee or agents, including reasonable attorneys' fees and costs, provided such injury to persons or damage to Property are not due to the sole negligence, willful acts or omissions of Grantor, its officers, employees or agents. (b) Hazardous Materials. Without limiting the scope of Subparagraph 17 (a) above, except to the extent caused by others, Grantee will be solely responsible for and will defend, indemnify, and hold Grantor, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Property resulting from Grantee 's use of Hazardous Materials. For purposes of this Agreement, "Hazardous Materials" shall mean: Any toxic or hazardous substances or wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such 6 products, and any hazardous substance as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U. S.C. §9601 - 9657, as amended). (c) Grantee 's Warranty. Grantee represents and warrants that its use of the Property will not generate and Grantee will not store or dispose of on the Property, nor transport to or over the Property, any Hazardous Materials. Grantor and Grantee acknowledge that Grantee shall be utilizing and maintaining on the Property sealed batteries, propane, HVAC system, and a halon/FM200 fire suppression system and that the use and maintenance of such items shall not constitute a violation or breach of the preceding sentences of this paragraph. In the event that Grantee wants to install a diesel or natural gas generator to replace the propane generator, Grantee must obtain Grantor 's prior written consent. 18 . Insurance. (a) General Commercial Liability. Grantee shall maintain an occurrence form commercial general liability ("CGL") insurance coverage. Such coverage shall include, but not be limited to, bodily injury, property damage — third party, and personal injury, for the hazards of Premises/operation, contractual, independent contractors, and products/completed operations. The policy shall have coverage limits of at least $5,000,000 for any one occurrence of property damage and $5 ,000,000 per person and per occurrence for personal injury or death. The coverage limits specified herein may be provided through any combination of primary and excess liability coverage maintained by Grantee. (b) Property. Grantee shall keep in force during the Term and any Extended Term a policy covering damages to its Facility at the Property. The amount of coverage shall be sufficient to provide for replacement of the damaged Facility, damages resulting from loss of use, and shall comply with any ordinance, statutory, or legal requirements. (c) Workers ' Compensation. Grantee shall maintain worker's compensation insurance required by law. (d) Comprehensive Automobile Liability. Grantee shall maintain comprehensive automobile liability insurance with a $ 1 ,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) (e) Additional Requirements . The insurance policies noted in this Section 18 shall be issued by a company (rated A- or better by Best Insurance Guide) licensed to do business in the State of Minnesota, and the CGL insurance shall name the Grantor as an additional insured. The policies shall specify that the coverage will be the primary and noncontributory. The policies shall also insure the indemnification obligation(s) contained in Section 10. A copy of the Grantee ' s insurance declaration page(s), Rider(s), or Endorsement(s), ("Proof of Insurance") as applicable, which evidences the existence ofthis insurance coverage naming the Grantor as an additional 7 insured must be provided to the Grantor before Grantee, or any party acting on Grantee 's behalf or at Grantee 's behest, enters the Property for the purpose of construction or placing any Facility or related material on the property. Any policy that is cancelled or non-renewed shall be replaced with insurance meeting the requirements set forth herein in a manner that ensures that no gap occurs in coverage. Grantee shall provide current certificates of insurance any time there is a change in coverage and such certificates shall show that no gap in coverage occurred. (fl Subcontractors. Grantee shall require all subcontractors to meet the insurance requirements set forth herein. All entities or persons accessing the Property or Water Tower shall provide to the Grantor proof of such insurance. 19. Temporary Interruptions of Service. When Grantor determines that continued operation of Grantee 's Facility would cause or contribute to an immediate threat to the public health and/or safety (including maintenance and operating personnel), Grantor may, without prior notice to Grantee, cause discontinuance of operation of Grantee 's Facility or may order Grantee to discontinue its operation. Discontinuance of Grantee ' s operation shall include but shall not be limited to, shutting down the transmission of electromagnetic waves or impulses to or from the Facility. Grantee shall immediately comply with such an order. Operations shall be discontinued only for the period that the immediate threat exists. If prior notice is not given to Grantee, Grantor shall notify Grantee as soon as possible after its action and give its reason for taking action. Grantor shall not be liable to Grantee or any other Party for any interruption in Grantee 's service or interference with Grantee ' s operation of its Facility. If the discontinuance shall extend for a period greater than three days, either consecutively or cumulatively, Grantee shall have the right to terminate this Agreement within its sole discretion without any prior notice. Notwithstanding anything to the contrary in this Agreement, Grantor acknowledges and agrees that the FCC is the only party that has jurisdiction over the health effects and permissible exposure levels of wireless communications facilities. 20. Interference with the Property. Grantee shall not interfere with Grantor's use of the Property, or use by others to whom Grantor has granted the use of the Property, and, except for as provided in Paragraph 21 with respect to interference with communications, agrees to cease all such actions which interfere with the use thereof by Grantor or others no later than three (3) business days after receipt of written notice of the interference from Grantor. If the interference cannot be eliminated within three (3) days after Grantee has received written notice, either Grantor or Grantee may at its option terminate this Agreement immediately provided Grantee shall have such extended period as may be required beyond the three (3) days if the nature of the cure is such that it reasonably requires more than three (3) days and Grantee commences the cure within the three (3) day period and thereafter continuously and diligently pursues the cure to completion. 21 . Interference with Communications. Grantee ' s use and operation of its Facility shall not interfere with the use and operation of other communication facilities now or hereafter installed on the Water Tower, whether owned by Grantor or another. If Grantee 's Facility causes interference, Grantee shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within forty-eight (48) hours after 8 receiving Grantor's written notice of the interference, Grantee shall immediately cease operating its Facility and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within thirty (30) days after Grantee has received Grantor' s written notice, Grantor may at its option terminate this Agreement immediately without any prior notice. 22. Additional Covenants. Grantee shall : (a) use natural gas or propane (and shall not use gasoline or diesel fuel) for energy to power an engine to operate a generator to be installed on the Property, if any; (b) not, without Grantor's prior written approval, use any process or method in the installation, maintenance, or removal of any Facility upon the Water Tower by means of welding, cutting tool, or other device which could damage the Property or Grantor 's Water Tower, including its interior and exterior paint (if any) or any equipment attached thereto, subject to Grantee 's obligations under the provisions of paragraph 4 . d herein; (c) protect the Water Tower from damage or harm in the event of the repair or maintenance of the Water Tower or other facilities of Grantor; (d) not, without Grantor's consent, remove, cut, or trim any trees or other vegetation on the Property; and (e) replace significant trees (as defined in Eden Prairie City Code) lost or reasonably anticipated to be lost as a result of construction of the Facility upon the Property in accordance with the provisions of Eden Prairie City Code Section 11 . 55 . 23 . Default. The following shall constitute an event of default by Grantee ("Grantee ' s Default") : (a) Grantee 's failure to make prompt payment of fees and other amounts due within fifteen ( 15) days after they become due. (b) Grantee 's failure to comply with Grantee 's obligations contained in Section 5 , 12, 13 , and 14 of this Agreement. (c) Grantee 's failure to observe or perform any other covenant or condition contained in this Agreement within thirty (30) days after written notice to Grantee specifying such failure and requiring Grantee to remedy the same. (d) The adjudication of Grantee as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Grantee under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof, or the appointment by such a court of a trustee or receiver or receivers of Grantee or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor' s suit in each case, the order or decree remains unstayed and in effect for ninety (90) days. (e) The filing by Grantee of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Grantee; or the filing by Grantee of a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the filing by Grantee of a petition to take 9 advantage of any debtor' s act. (f) Communication Company's default under any other agreement with the Grantor. 24. Remedies. Upon Grantee 's Default, Grantor shall be entitled to terminate this Agreement as provided herein, obtain an order for specific performance, recover damages, and/or obtain any other remedy available at law or in equity. The exercise of one or more of such remedies by Grantor shall not be deemed an election or waiver of the right to exercise any other remedy. 25 . No Duty to Repair - Termination. Grantor shall have no duty or obligation to maintain, repair, restore, replace or modify the Water Tower, the Property, or any of Grantor's facilities, fixtures, personal property or improvements located thereon or therein. In addition to Grantor's right to terminate this Agreement pursuant to Section 17 hereof; Grantor shall have, and reserves, the right in its sole discretion to terminate this Agreement upon at least ninety (90) days written notice, if, in Grantor 's sole judgment, Grantor shall : (a) convey or transfer to another Grantor's Property or Water Tower. (b) discontinue its use of the Grantor's Water Tower. (c) determines, after consultation with a licensed structural engineer that the Water Tower is structurally unsound for use, for any reason including but not limited to considerations related to the age of the structure, damage to or destruction of all or part of the Water Tower or the Property from any source, or factors relating to the condition of the Facility or Property. Grantee shall have the right to terminate this Agreement upon at least one hundred eighty ( 180) days written notice if Grantee determines that the Property or Facility are unnecessary or inappropriate for Grantee 's operations for economic or technological reasons. Upon termination of this Agreement pursuant to Grantor's or Grantee ' s right to terminate this Agreement as provided herein or upon expiration of the Term or any Extended Term, the Parties ' obligations under this Agreement shall cease, except Grantee ' s obligations with respect to Sections 7, 11 , 14, 17 and 18 of this Agreement and to make payment of any amounts to which Grantor is entitled at such time. Termination shall not relieve Grantee of any liability by way of damages to which Grantor may be entitled upon Grantee 's Default hereunder. 26. Grantee — Termination. Grantee shall have the right to terminate this Agreement upon at least one hundred eighty ( 180) days written notice if Grantee determines that the Property or Facility are unnecessary or inappropriate for Grantee 's operations for economic or technological reasons. 27. Extended Term. This Agreement and any license granted hereby shall automatically renew for one ( 1 ) additional five (5) year term ("Extended Term") upon the terms and conditions 10 herein unless the Grantee notifies the Grantor in writing of its intention not to renew this Agreement at least six (6) months prior to the expiration of the existing Term. The annual license fees for the Extended Term to be paid in equal monthly installments are as follows : Year 6 (2023 -2024) $44,471 . 00 Year 7 (2024-2025) $46,693 .00 Year 8 (2025 -2026) $49,027.00 Year 9 (2026-2027) $ 51 ,478 .00 Year 10 (2027-2028) $54,052.00 28. No Representation or Warranty — Conditional Grant. Grantor makes no representation or warranty regarding the condition of its title to the Property or its right to grant to Grantee use or occupation thereof under this Agreement. The license granted herein is "as is." Grantee is entering into this Agreement and Grantee 's use of the Property is subject to Grantee 's own investigation and acceptance. Grantee 's rights granted pursuant to this Agreement are subject and subordinate to all limitations, restrictions, and encumbrances relating to Grantor's interest in the Land that may affect or limit Grantor' s right to grant those rights to Grantee. 29. Entire Agreement. This Agreement contains all agreements, promises and understandings between Grantor and Grantee and no verbal or oral agreements, promises, or understandings shall or will be binding upon either Grantor or Grantee in any dispute, controversy, or proceeding at law, and any addition, variation, or modification to this Agreement shall be void and ineffective unless it is in writing and signed by the parties hereto. 30. Choice of Law. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of Minnesota. 31 . Assignment. This Agreement may not be sold, assigned, or transferred at any time by Grantee without the prior written consent of Grantor; provided, however, that Grantee may assign this Agreement without Grantor's consent to any party that controls, is controlled by, or is under common control with, Grantee. 32. Notices. Any notice required or permitted to be given by any Party upon the other is given in accordance with this Agreement if it is directed to Grantor by delivering it personally to the Manager of Grantor; or if it is directed to Grantee, by delivering it personally to Real Estate Department of Grantee; 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 as follows: If to Grantor: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attn: City Manager 11 With a copy to: Richard F. Rosow Eden Prairie City Attorney 100 Washington Ave South Suite 1550 Minneapolis, MN 55401 If to Grantee : T-Mobile Central LLC 12920 SE 38`h Street Bellevue, WA 98006 Attn: Lease Compliance/Site AIP0061A Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided, however, that if notice is given by deposit, that the time for response to any notice by the other Party shall commence to run one business day after such deposit. Any Party may change its address for the service of notice by giving written notice of such change to the other Party, in any manner above specified, 10 days prior to the effective date of such change. 33. Limitation of Liability. Notwithstanding anything to the contrary in this Agreement, in no event will either party be liable to the other party for, or indemnify the other party against, punitive damages . 34. Condemnation. If the whole Land shall be taken by any public authority under the power of eminent domain, or is sold to any entity having the power of eminent domain under threat of condemnation, then Grantee may terminate the term of this Agreement as of the date of the granting of the position or the date of the closing and the license fees shall be paid up to that day. If a portion of the Property is taken by eminent domain, Grantee shall have the right to terminate this Agreement by giving written notice thereof to Grantor within ninety (90) days after the date of taking. If a portion of the Property is taken by eminent domain, and this Agreement is not thereafter terminated, Grantee shall continue in the possession of the remainder of the Property under the terms herein provided, and the annual license fees shall remain fully due and payable as set forth herein. Any award, compensation, or damages, shall be paid to and be the sole property of the Grantor, but nothing herein shall preclude Grantee from claiming against the condemning authority with respect to moving expenses and loss of personal property and any other recoverable damages (but not for the loss of the leasehold/license interest) and receiving an award therefor. 35. Additional Facility. (a) Grantee acknowledges that Grantor has sole discretion to make additional improvements on the Property, whether or not such improvements affect Grantee 's Facility. (b) Grantee acknowledges that Grantor may permit 3rd parties to construct additional improvements on the Property. At such time as this may occur, Grantee will permit said improvements to be placed immediately adjacent to Grantee 's Facility as long 12 as the improvements do not materially interfere with Grantee 's use of the Property. Said attachments will be made at no cost to Grantee, and Grantor will require that the owner of such attachments assure both Grantor and Grantee that the attachments will not compromise the structural integrity of Grantee 's Facilities. 36. Successors and Assigns. All of the terms, covenants, obligations and conditions herein shall be binding upon and inure to the benefit of the successors in interest, heirs, and assigns of the Parties hereto. 37. Recording of Memorandum. The parties shall execute and either shall be permitted to record at any time the Memorandum of Agreement attached hereto as Exhibit E C . If this Agreement is terminated prior to expiration of its Term, or an Extended Term, Grantee shall record and appropriate instrument to clear the memorandum from the title to the Land. 38 . Waiver. No provision of this Agreement will be deemed waived by either Party unless expressly waived in writing by the waiving Party. No waiver shall be implied by delay or any other act or omission of either party. No waiver by either Party of any provisions of this Agreement shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision. 39. Counterparts. This Agreement may be signed in counterparts by the Parties hereto. 40. Severability. In any term of the Agreement is found to be void or invalid, such finding shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year written below. SIGNATURES NEXT 2 PAGES 13 GRANTOR CITY OF EDEN PRAIRIE Date: , 2018 By: Its: Mayor By: Its : City Manager Taxpayer I. D. #41 -0855460 GRANTOR ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 2018, by and , respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 14 GRANTEE Date: , 2018 B • _ea F,,, Sil "Ira Its : S s Field Engineering GRANTEE ACKNOWLEDGEMENT — (AA, k. c. , .j-7 STATE OF-ILLINOIS ) L e ) ss. COUNTY OF DUPAG.- -- ) On this IV dayof `` 4110 .z .�u , 2018, before me, the undersigned, a Notary Public in and for the State of duly commissioned and sworn, personally appeared Jennifer Silveira, to me known to be the n§r. Vice President, Field Engineering, of T-Mobile Central LLC, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, IN WITNESS WHEREOF, I have hereunto-set y hand and affixed my official seal the day and year first above written. ) Pint or "'. e Name :` '1 : e < , �- Notary Public in and for the State of Minnesota My appointment expires : • - YoresaA. Datiin Blackwell r 'u ' s Notary Public rr Minnesota r „ ,••� Ca gsa{a, Elitead:. . 3112022 15 LIST OF EXHIBITS Exhibit A LEGAL DESCRIPTION OF THE LAND Exhibit B PERMITTED ANTENNAE AND PLANS AND SPECIFICATIONS Exhibit C MEMORANDUM OF AGREEMENT Exhibit D FACILITY ACCESS PROCEDURES AND FEES FOR TELECOMMUNICATION 16 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Land : PID # 07- 116-22-24-0048 and 07- 116-22-31 -0010 TORRES : (CERTIFICATE OF TITLE NO. 602432) THAT PART OF OUTLOT D, HIDDEN PONDS SECOND ADDITION, LYING SOUTHWESTERLY OF A LINE RUNNING SOUTHEASTERLY AT RIGHT ANGLES WITH THE NORTHWESTERLY LINE OF OUTLOT D THROUGH A POINT ON SAID NORTHWESTERLY LINE A DISTANCE OF 355 FEET NORTHEASTLERY FROM THE MOST WESTERLY CORNER OF OUTLOT D. AND ALSO, ABSTRACT: OUTLOT E, AUTUMN WOODS FIRST ADDITION. 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H - a 8 a a o 1 65 , g ° _ N5 s a ooz� oy G 3 0g o 52 48 - 0G ? 4o R b \ o 0 n < d EXHIBIT C MEMORANDUM OF AGREEMENT THIS MEMORANDUM evidences that an Agreement was made and entered into by and between the City of Eden Prairie ("Grantor") whose address is as set forth below and T-Mobile Central LLC, with its address for notice located at 12920 SE 38'h Street, Bellevue, WA 98006 ("Grantee"), the terms and conditions of which are incorporated herein by reference. Such an Agreement provides, in part, that Grantor, for valuable consideration, will license to Grantee a part of that certain property owned by Grantor and described in Exhibit A attached hereto and incorporated herein for a term of five (5) years commencing on the 15'h day of April, 2017, which term is subject to one additional five (5) year option term. IN WITNESS WHEREFOR, the parties have executed this Memorandum of Agreement effective as of the date of execution by the last party to sign. GRANTOR: GRANTEE: City of Eden Prairie T-Mobile Central LLC 8080 Mitchell Road Eden Prairie, MN 55344 / By: By:. AMP Its : Mayor Its : S P, ti • ld ngin - - g DATE : a - G-t3 " / 0 By: Its : City Manager Teresa .............. ... ...... .. ........- i s N uic DATE : > _` Minnesota te. Itt Ccm +shin Eves Jamery 31 2022 a Subscribed and sworn to before me Subscribed and worn to before me this day of , 2018 . this f day of le1✓.Gvi,t' 2018 . ) Signature of Notary Signa ur of Notary Notary Public of Hennepin County Notary ublic of Hennepin County My Commission expires My Commission expires t • �>I 1- ✓ . - 19 EXHIBIT A TO THE MEMORANDUM OF AGREEMENT Land: PID # 07- 116-22-24-0048 and 07- 116-22-31 -0010 TORRES : (CERTIFICATE OF TITLE NO. 602432) THAT PART OF OUTLOT D, HIDDEN PONDS SECOND ADDITION, LYING SOUTHWESTERLY OF A LINE RUNNING SOUTHEASTERLY AT RIGHT ANGLES WITH THE NORTHWESTERLY LINE OF OUTLOT D THROUGH A POINT ON SAID NORTHWESTERLY LINE A DISTANCE OF 355 FEET NORTHEASTLERY FROM THE MOST WESTERLY CORNER OF OUTLOT D. AND ALSO, ABSTRACT: OUTLOT E, AUTUMN WOODS FIRST ADDITION. It is agreed by Grantor and Grantee that the precise legal description for the Grantor's Property will be corrected if necessary, and that the correct legal description may be placed on this Exhibit "A" by Grantor. 20 EXHIBIT D FACILITY ACCESS PROCEDURES AND FEES FOR TELECOMMUNICATION 1 . General. Security of city-owned facilities, including Public Water and Wastewater facilities, is considered critical in the Department of Homeland Security's National Response Framework, and as such, require enhanced emphasis for physical security protective measures. Similarly, Minnesota Depattuuent of Health requires locked and controlled access to remote water storage facilities to minimize intrusion by unauthorized personnel. 2. Notice. The parent telecommunications company shall provide the City with notice at least 48 hours prior to accessing any city-owned facility, except in the event of a service interruption or equipment failure. The notice shall be provided on a form approved bythe City. The information shall include but not be limited to the identity of the entity and individual accessing the property and their contact information; the purpose for the access; the dates and hours of access; and proof of the required insurance. In the event of a service interruption or equipment failure, the parent telecommunications company need not provide 48 hours ' notice but shall provide the City with as much written or telephonic notice as possible based on the circumstances. 3. Identification. All persons desiring to access a city-owned facility for the purposes of conducting work related to the telecommunications equipment shall carry on their person photo identification naming them as an agent of the parent telecommunications company. The identification must match the information provided by the parent telecommunications company in the notice required above. In addition, all persons seeking access must possess an official government-issued identification card, which will be documented upon entering the facility. Persons lacking either form of identification shall be denied access. 4. Access Fees. Grantee is allowed up to ten ( 10) visits per calendar year without additional charge. Each additional access fee beyond ten ( 10) visits per calendar year will be charged $ 100.00 per access. The City of Eden Prairie will document each access request and submit an invoice to the parent telecommunications company for payment for access in excess of ten ( 10) visits, excluding upgrade projects approved by The City of Eden Prairie and performed by Grantee. Said upgrade projects shall count as one ( 1 ) visit against the ten ( 10) included visits. Invoices may be consolidated if multiple access requests are made within a span of 30 days. The parent telecommunications company must provide an administrative mailing address to process these invoices as well as an office telephone number and email address. Access fees will be charged for each appointment regardless of whether anyone arrives or is granted access. The parent telecommunications company shall pay all invoices to the City of Eden Prairie within 60 days of receipt regardless of who performs the work. 21 CITY COUNCIL AGENDA DATE SECTION: Consent Calendar March 20, 2018 DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO. Administration, Paul Sticha, Office Construction VIII.C. Facilities Requested Action Move to: Award contract for office construction in City Hall to RJ Marco Construction. Synopsis RJ Marco Constr. $27,859.00 Integrity Remodel $30,045.40 Gardner Builders $31,449.00 Background As part of SuperValu leasing the remaining vacancy, we are constructing a new Office. Construction will begin after SuperValu builds their new demising walls. Plans and Specifications were developed by Colliers (Welsh)Architecture. Attachments Standard City Construction Contract with RJ Marco Exhibit A, Scope of Work from RJ Marco 2017 06 01 Construction Contract This Contract ("Contract") is made on the 20th day of March, 2018, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and RJ Marco Construction, Inc., a Minnesota corporation (hereinafter "Contractor") whose business address is 75 West Viking Drive, Suite 104, Little Canada, MN 55117. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for Office Construction at 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 June 29, 2018. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of$27,859.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. Final Payment. Contractor's request for final payment shall be accompanied by Contractor's affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. Standard Construction Contract 2007 06 01 Page 2 of 12 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. 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. Standard Construction Contract 2007 06 01 Page 3 of 12 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery,plants, lawns, fences, culverts,bridges,pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor's equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 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; Standard Construction Contract 2007 06 01 Page 4 of 12 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. 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. N/A Standard Construction Contract 2007 06 01 Page 5 of 12 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor. N/A 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: 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 Standard Construction Contract 2007 06 01 Page 6 of 12 $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. 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 coverage's required herein. Standard Construction Contract 2007 06 01 Page 7 of 12 1. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-,unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence) and regardless of the extent to which the underlying occurrence (i.e.,the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: Standard Construction Contract 2007 06 01 Page 8 of 12 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 Standard Construction Contract 2007 06 01 Page 10 of 12 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. 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 Standard Construction Contract 2007 06 01 Page 11 of 12 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. 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 RJ MARCO CONSTRUCTION, INC. Reginald A. Plowman, Its President Standard Construction Contract 2007 06 01 Page 12 of 12 Exhibit A RJ MARCO CONSTRUCTION INC. . TO: City of Eden Prairie • 2/6/2018 • 8080 Mitchell Rd • Eden Prairie, MN 55344 ATTN: Paul Sticha RE: City of Eden Prairie Office Remodel 8080 Mitchell Rd Eden Prairie, MN 55334 Re-REVISED PROPOSAL The following proposal for construction services at the above location is based on plans drawn byColliers International -Dated 1/24/2018. • Project Scope: • • • Demolition: $ 1,040.00 ■ Framing / Drywall $ 3,740.00 • • Doors I Hardware I Interior Windows $ 3,666.00 - (2) new door units - (1) used transum • Painting $ 1,738,00 . • ACT $ 840.00 ■ Carpet I Base $ 3,935.00 - Prep • • Electrical $ 3,784.00 • HVAC $ 2,643.00 ■ Fire Suppression $ 845.00 ■ General Conditions $ 3,196.00 - Job Supervisor - Dumpster - Final Clean - Permits Subtotal: $ 25,326.00 Overhead: $ 1,393.00 Profit: $ 1,140.00 Total: $ 27,859.00 75 W. Viking Drive Suite 104 • Little Canada, Minnesota 55117 • Phone (651) 484-5635 • Fax (651) 484-5701 Page 1 of 2 II • Bid assumes: - Work to be performed during normal business hours • Bid does not include: - 200 sq, ft. carpeting material - Ceiling Demo - After hours work • Payment Terms: - Payment is due within 30 days from date of invoice. Invoices will be sent out on a monthly basis for work performed and/or materials procured for that month. A late charge of 1,5%per month will be added to past due amounts. If you have any questions or concerns, please call at your earliest convenience. Sincerely, Accepted by, Je se Hill Pr ject Manager e se r marco,com 61 685-6594 cell Title 651 288-0722 direct Date: Page 2 of 2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Matt Bourne, Parks and Accept Bids and Award Contact for VIII.D. Natural Resources Manager Reconstruction of Soccer Field#11 at Miller Park Requested Action Move to: Accept bids and award the contract for Reconstruction of Soccer Field#11 at Miller Park to New Look Contracting, Inc. in the amount of$426,626.25. Synopsis Specifications for the projects were prepared by our consultant, HTPO, and the City received bids from nine contractors with the lowest bid coming from New Look Contracting, Inc. The proposed reconstruction work is to remove 12 inches of the existing topsoil of the field and replace it with four inches of drainage rock, a drain tile network and add 18 inches of engineered topsoil. Background The five original soccer fields at Miller Park were built in 1994 using the native soils from the property. Unfortunately the native soils are a very fine silty/sand material and the playing surfaces have been subject to drainage and compaction issues from the beginning. This has resulted in very poor turf conditions and unsafe or unplayable conditions which have resulted in the fields being closed for portions of various sport seasons. In 2009 the decision was made to renovate Miller Park soccer fields#12 and 13. These two fields were reconstructed using similar engineered soils and a subsurface drain tile system. The improvement to those two fields has resulted in excellent field playability conditions with no surface compaction or water drainage issues. For that reason staff has requested funding within the Capital Improvement Plan for the systematic renovation of the three remaining soccer fields over the next 6 years. This reconstruction project is the last phase of the plan to fully reconstruct these fields, with Miller#9 having been renovated in 2014 and Miller#10 in 2016. Bid Summary and Recommendation The summary of the bids submitted is as follows: New Look Contracting, Inc. $426,626.25 Frattalone Companies $449,556.90 Sunram Construction,Inc. $454,925.00 BKJ Land Company $461,990.75 Veit&Company, Inc. $480,758.70 GL Contracting, Inc. $484,969.80 K.A. Witt Construction, Inc. $494,822.00 Meyer Contracting, Inc. $493,774.00 Peterson Companies $512,918.00 The Engineers estimate for the project was $472,602.50. Each of the submitters has met the guidelines as detailed in the bid specifications. Staff and consulting engineer recommends the contract be awarded to New Look Contracting, Inc. Funding for the construction work will come from the Capital Improvement Program (Park Improvement Funds). The project is anticipated to begin the end of May with a final completion date of August 15th. Attachments HTPO Recommendation Letter HTPO Bid Tabulation Sheet Form of Contact with New Look Contracting, Inc. A TI—II p I I Engineering Surveying i") Landscape Architecture March 12, 2018 Mr. Matt Bourne City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Reconstruction of Soccer Field#11 at Miller Park Dear Mr. Bourne, Bids were received and opened at 10:00 a.m. on Thursday, March 8, 2018 for the above referenced project. The bids are shown on the attached Summary of Bids. The Engineer's Estimate for this project is$472,602.50. The low bidder, New Look Contracting, Inc., came in 10% below the Engineer's Estimate with a bid of$426,626.25. Recommendation is made that the City Council award this project to New Look Contracting, Inc. in the amount of $426,626.25. This recommendation considers that the City Council reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City. Sincerely, HANSEN THORP PELLINEN OLSON, INC. 67(4-AfAMA- Pckko-e—lle_ Adam Pawelk, P.E. Enclosures: Summary of Bids 7510 Market Place Drive Eden Prairie, MN 55344 952-829-0700 952-829-7806 fax www.htpo.com HANSEN THORP PELLINEN OLSON, INC. Z p I I Engineering.Surveying ;1 Landscape Architecture 1 � 11 Summary of Bids Project Title: Reconstruction of Soccer Field #11 at Miller Park City of Eden Prairie,MN Date: 3/8/2018 Time: 10:00 AM 5%Bid Responsible Contractor Planholders Bid Total Bond Verification Form Engineer's Estimate $472,602.50 New Look Contracting,Inc. X X $426,626.25 Frattalone Companies X X $449,556.90 Sunram Construction, Inc. X X $454,925.00 BKJ Land Company X X $461,990.75 Veit&Company,Inc. X X $480,758.70 GL Contracting,Inc. X X $484,969.80 K.A. Witt Construction,Inc. X X $494,822.00 Meyer Contracting,Inc. X X $493,774.00 Peterson Companies X X $512,918.00 Bid Tabulation 03-08-2018 Reconstruction of Soccer Field #11 at Miller Park Engineer's Estimate New Look Contracting,Inc. Frattalone Companies Sunram Construction,Inc. BKJ Land Company Veit&Company,Inc. ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT UNIT TOTAL UNIT TOTAL TOTAL No. ITEM QTY UNIT PRICE PRICE PRICE PRICE PRICE PRICE 1 Mobilization 1 Lump Sum $25,000.00 $25,000.00 $10,000.00 $10,000.00 $25,700.00 $25,700.00 $22,000.50 $22,000.50 $21,550.00 $21,550.00 $33,525.00 $33,525.00 2 Pavement and Curb Removal 505 Sq.Ft. $4.00 $2,020.00 $2.25 $1,136.25 $1.00 $505.00 $9.00 $4,545.00 $0.55 $277.75 $0.80 $404.00 3 Tree Protection Fence 1130 Lin.Ft. $2.50 $2,825.00 $3.00 $3,390.00 $2.90 $3,277.00 $1.90 $2,147.00 $1.70 $1,921.00 $2.00 $2,260.00 4 Rock Construction Entrance 1 Each $2,000.00 $2,000.00 $1,250.00 $1,250.00 $2,300.00 $2,300.00 $850.00 $850.00 $590.00 $590.00 $3,288.00 $3,288.00 5 Silt Fence 315 Lin.Ft. $2.50 $787.50 $3.00 $945.00 $2.00 $630.00 $2.10 $661.50 $2.00 $630.00 $2.25 $708.75 6 Sediment Control Inlet 6 Each $250.00 $1,500.00 $150.00 $900.00 $218.00 $1,308.00 $150.00 $900.00 $140.00 $840.00 $171.40 $1,028.40 7 Street Sweeping 10 Hours $150.00 $1,500.00 $1.00 $10.00 $130.00 $1,300.00 $125.00 $1,250.00 $125.00 $1,250.00 $127.50 $1,275.00 8 Removal of Temporary Erosion&Sediment Control 1 Lump Sum $1,500.00 $1,500.00 $1,700.00 $1,700.00 $750.00 $750.00 $1,500.00 $1,500.00 $725.00 $725.00 $353.50 $353.50 9 Construction Signing&Flagging(Traffic Control) 1 Lump Sum $2,500.00 $2,500.00 $2,850.00 $2,850.00 $2,700.00 $2,700.00 $850.00 $850.00 $1,425.00 $1,425.00 $2,911.90 $2,911.90 10 Common Excavation(P) 2800 Cu.Yd. $15.00 $42,000.00 $5.50 $15,400.00 $8.19 $22,932.00 $11.90 $33,320.00 $14.30 $40,040.00 $8.90 $24,920.00 11 Common Borrow(CV) 490 Cu.Yd. $12.00 $5,880.00 $16.00 $7,840.00 $0.01 _ $4.90 $23.50 $11,515.00 $1.00 $490.00 $4.40 $2,156.00 12 Root Zone Mix(CV) 4500 Cu.Yd. $52.00 $234,000.00 $53.00 $238,500.00 $54.00 $243,000.00 $46.00 $207,000.00 $57.00 $256,500.00 $55.55 $249,975.00 13 Filter Aggregate(CV) 2100 Tons $30.00 $63,000.00 $28.50 $59,850.00 $30.00 $63,000.00 $32.80 $68,880.00 $28.90 $60,690.00 $34.15 $71,715.00 14 Geotextile Fabric,Type I 10200 Sq.Yd. $1.25 $12,750.00 $1.25 $12,750.00 $1.45 $14,790.00 $1.25 $12,750.00 $0.80 $8,160.00 $0.95 $9,690.00 15 1.5"x12"Perforated Drain Tile 4040 Lin.Ft. $4.50 $18,180.00 $4.50 $18,180.00 $3.00 $12,120.00 $7.90 $31,916.00 $3.50 $14,140.00 $5.30 $21,412.00 16 8"Perforated Drain Tile 1280 Lin.Ft. $15.00 $19,200.00 $16.00 $20,480.00 $11.80 $15,104.00 $10.00 $12,800.00 $14.35 $18,368.00 $11.20 $14,336.00 17 12"RCP CL V Storm Sewer 64 Lin.Ft. $40.00 $2,560.00 $40.00 $2,560.00 $39.00 $2,496.00 $60.00 $3,840.00 $37.25 $2,384.00 $43.15 $2,761.60 18 27"CB w/Frame&Grate 1 Each $2,000.00 $2,000.00 $1,800.00 $1,800.00 $1,670.00 $1,670.00 $2,500.00 $2,500.00 $930.00 $930.00 $1,776.85 $1,776.85 19 Pipe Bedding-Sand-Gravel 40 Tons $20.00 $800.00 $35.00 $1,400.00 $12.50 $500.00 $35.00 $1,400.00 $12.85 $514.00 $17.10 $684.00 20 Connect Storm to Existing CB 4 Each $1,000.00 $4,000.00 $500.00 $2,000.00 $915.00 $3,660.00 $950.00 $3,800.00 $940.00 $3,760.00 $789.10 $3,156.40 21 Raise Existing CB Rim Elevation 1 Each $750.00 $750.00 $1,250.00 $1,250.00 $750.00 $750.00 $800.00 $800.00 $470.00 $470.00 $284.30 $284.30 22 Sod 4900 Sq.Yd. $4.50 $22,050.00 $3.75 $18,375.00 $4.90 $24,010.00 $5.20 $25,480.00 $4.75 $23,275.00 $5.55 $27,195.00 23 Bituminous Pavement Repair 460 Sq.Ft. $10.00 $4,600.00 $6.00 $2,760.00 $12.50 $5,750.00 $7.00 $3,220.00 $4.35 $2,001.00 $7.75 $3,565.00 24 B612 Concrete Curb&Gutter 20 Lin.Ft. $60.00 $1,200.00 $65.00 $1,300.00 $65.00 $1,300.00 $50.00 $1,000.00 $53.00 $1,060.00 $68.85 $1,377.00 Bid Total $472,602.50 $426,626.25 $449,556.90 $454,925.00 $461,990.75 $480,758.70 HTPO 14-009.5 Bid Tabulation 03-08-2018 Reconstruction of Soccer Field #11 at Miller Park GL Contracting,Inc. K.A.Witt Construction,Inc. Meyer Contracting,Inc. Peterson Companies ITEM UNIT TOTAL UNIT TOTAL UNIT UNIT TOTAL TOTAL No. ITEM QTY UNIT PRICE PRICE PRICE PRICE 1 Mobilization 1 Lump Sum $1,902.40 $1,902.40 $18,000.00 $18,000.00 $33,600.00 $33,600.00 $64,706.41 $64,706.41 2 Pavement and Curb Removal 505 Sq.Ft. $1.20 $606.00 $1.80 $909.00 $0.40 $202.00 $1.52 $767.60 3 Tree Protection Fence 1130 Lin.Ft. $2.50 $2,825.00 $2.00 $2,260.00 $1.80 $2,034.00 $2.00 $2,260.00 4 Rock Construction Entrance 1 Each $1,700.00 $1,700.00 $1,800.00 $1,800.00 $2,450.00 $2,450.00 $1,500.00 $1,500.00 5 Silt Fence 315 Lin.Ft. $4.40 $1,386.00 $2.20 $693.00 $2.00 $630.00 $1.50 $472.50 6 Sediment Control Inlet 6 Each $322.20 $1,933.20 $175.00 $1,050.00 $95.00 $570.00 $100.00 $600.00 7 Street Sweeping 10 Hours $161.10 $1,611.00 $100.00 $1,000.00 $165.00 $1,650.00 $174.00 $1,740.00 8 Removal of Temporary Erosion&Sediment Control 1 Lump Sum $268.50 $268.50 $500.00 $500.00 $1,500.00 $1,500.00 $1,980.50 $1,980.50 9 Construction Signing&Flagging(Traffic Control) 1 Lump Sum $2,792.40 $2,792.40 $2,860.00 $2,860.00 $1,650.00 $1,650.00 $1,440.00 $1,440.00 10 Common Excavation(P) 2800 Cu.Yd. $14.90 $41,720.00 $15.40 $43,120.00 $15.00 $42,000.00 $13.67 $38,276.00 11 Common Borrow(CV) 490 Cu.Yd. $2.90 $1,421.00 $27.50 $13,475.00 $8.50 $4,165.00 $31.10 $15,239.00 12 Root Zone Mix(CV) 4500 Cu.Yd. $59.30 $266,850.00 $57.55 $258,975.00 $53.60 $241,200.00 $53.15 $239,175.00 13 Filter Aggregate(CV) 2100 Tons $30.70 $64,470.00 $32.25 $67,725.00 $37.50 $78,750.00 $34.56 $72,576.00 14 Geotextile Fabric,Type I 10200 Sq.Yd. $1.60 $16,320.00 $1.00 $10,200.00 $1.20 $12,240.00 $0.76 $7,752.00 15 1.5"x12"Perforated Drain Tile 4040 Lin.Ft. $3.80 $15,352.00 $3.60 $14,544.00 $2.90 $11,716.00 $2.87 $11,594.80 16 8"Perforated Drain Tile 1280 Lin.Ft. $14.60 $18,688.00 $11.50 $14,720.00 $15.00 $19,200.00 $12.23 $15,654.40 17 12"RCP CL V Storm Sewer 64 Lin.Ft. $33.40 $2,137.60 $29.00 $1,856.00 $48.00 $3,072.00 $34.77 $2,225.28 18 27 CB w/Frame&Grate 1 Each $3,374.00 $3,374.00 $4,500.00 $4,500.00 $1,400.00 $1,400.00 $2,224.21 $2,224.21 19 Pipe Bedding-Sand-Gravel 40 Tons $25.50 $1,020.00 $20.00 $800.00 $15.00 $600.00 $19.42 $776.80 20 Connect Storm to Existing CB 4 Each $1,353.70 $5,414.80 $1,150.00 $4,600.00 $1,400.00 $5,600.00 $1,388.50 $5,554.00 21 Raise Existing CB Rim Elevation 1 Each $1,015.90 $1,015.90 $800.00 $800.00 $250.00 $250.00 $1,025.50 $1,025.50 22 Sod 4900 Sq.Yd. $5.70 $27,930.00 $5.45 $26,705.00 $4.95 $24,255.00 $4.15 $20,335.00 23 Bituminous Pavement Repair 460 Sq.Ft. $6.40 $2,944.00 $5.50 $2,530.00 $9.00 $4,140.00 $7.70 $3,542.00 24 B612 Concrete Curb&Gutter 20 Lin.Ft. $64.40 $1,288.00 $60.00 $1,200.00 $45.00 $900.00 $75.05 $1,501.00 Bid Total $484,969.80 $494,822.00 $493,774.00 $512,918.00 HTPO 14-009.5 SHORT FORM CONSTRUCTION CONTRACT THIS AGREEMENT, made and executed this 20th day of March 2018, by and between City of Eden Prairie hereinafter referred to as the "CITY", and New Look Contracting, Inc., hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: Reconstruction of Soccer Field#11 at Miller Park CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $426,626.25. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders b. Proposal Form c. Construction Short Form Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE By Its City Mayor By Its City Manager CONTRACTOR In Presence Of: By Its Its CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Information Technology, Aditi Declare Obsolete Equipment as Surplus VIII.E. Salunke; Fleet Services, Paul Schulueter; and Police Department, Police Chief James DeMann Requested Action Move to: Declare the 2018 Equipment Surplus Property List and obsolete computer equipment as "surplus property". Dispose equipment through authorized methods. Authorize the City Manager to dispose of property to manage end of life computers, monitors and electronics using Minnesota Computer's services and the State of Minnesota as authorized under City Code Section 2.86, Subdivision 3. Synopsis Once a year, City departments take an inventory of obsolete and un-used equipment and identify items for disposal. These items are disposed of in accordance with City Code 2.86, Subdivision 3. The sale of used equipment helps fund the purchase of new equipment. The City has a surplus of obsolete computer equipment. The equipment in the attached list is of no use and will be recycled. PC's for People, based in St. Paul MN, will pick up computer equipment for recycling and disposal. Based on items in this list, we do not anticipate any charges for removal. For disposal of certain types of equipment, the city may be charged a nominal fee. The City also has surplus obsolete gym/workout equipment to be disposed of: Adjustable Squat Rack and Treadmill, Matrix T-1X-03-C. Background Information The City of Eden Prairie utilizes several options to auction surplus property on the open market. The equipment on the attached Equipment Surplus Property List will be sold at public auction. The majority of the equipment will be auctioned using the Fahey Sales Ag and Construction Equipment, Fleet & Government Services Consignment Auction on Saturday April 14th or the April Tools & Business Equipment Auction on April 18th,both in Glencoe MN. The City has used Fahey Sales auctions in the past and has been very satisfied with the sale proceeds received. Occasionally depending on the vehicle or equipment, other avenues such as trade-ins for new equipment are used to maximize surplus property returns. These surplus property disposal methods are in compliance with the City's Purchasing Policy and City code. Attachments 2018 Equipment Surplus Property List List of Computer Surplus Equipment 2018 Surplus Property List March 20, 2018 (Page-1) Equipment & Miscellaneous Property: Item # Quantity Description 1 1 Natural Gas Kiln-Working 2 1 Electric Kiln—Needs Repair 3 1 40 Horse Power Johnson Boat Motor—Bad Gear Case 4 4 Volleyball Referee Stands 5 1 Small Microwave 6 1 Small Refrigerator 7 1 Stihl MS 5250 Chainsaw 8 10 Gasoline Weed Whips 9 2 Ballfield Line Markers 10 1 Marksman RL-60A Survey Equipment 11 1 Wanner Company Tank Sprayer 12 1 Sharp XE-A106 Cash Register 13 1 48"x24'x18' Warming Oven—Needs New Glass Doors 14 1 Baker's Pride Model P-18 Pizza Oven 15 1 Benchmark Model 51012 Pretzel Machine 16 2 Star Manufacturing Model# 80-HFO-1 Warming Ovens 17 1 Stihl Cutoff Saw—For Parts Only 18 3 Diamond Plate Truck Tool Boxes 19 1 Toro Model 38583 21" Snow Blower 20 1 Troy Built Roto-Tiller 21 1 Plastic Sprayer Tank 22 1 Dump Truck Brine Tank 23 1 Kasco Krimper 24 1 Goosen Bale Chopper 25 2 Stihl Backpack Blowers 2018 Surplus Property List March 20, 2018 (Page-2) Equipment & Miscellaneous Property: Item # Quantity Description 26 2 Echo Sidewalk Blowers 27 7 Windmaster Fabric "Road Work Ahead" Signs 28 3 Windmaster Fabric "Flagger Symbol" Signs 29 1 Windmaster Fabric "Workers Ahead" Signs 30 1 Snap-On MM350XL Welder 31 1 Advance Tom Cat Floor Scrubbing Machine Asset Type Manufacturer Model AC/DC Adapter Delta Electronics ADP-90CD AC/DC Adapter HP PPP012H-S AC/DC Adapter HP HSTNN-CA40 AC/DC Adapter HP PPP017L AC/DC Adapter Dell LA90PS0-00 Broadband Express Card Verizon PC770 Cell Phone Samsung Intensity II Desk Phone Mitel Superset 420 Desk Phone Mitel 5224 IP Phone Digital Voice Recorder Olympus DS-2 DVD Player Sony SLV-D560P DVD Player Sony SLV-D380P DVD Writer CopyStars Smart Copy External HD Western Digital My Book Essential External HD Western Digital My Book Essential iPhone Apple A1532 iPhone Apple A1532 iPhone Apple A1532 iPhone Apple A1660 KVM Switch Rosewill RKV-4UC Laptop Dell Latitude D620 Laptop HP HP Elitebook 8530p Laptop HP HP Elitebook 8530p Laptop HP HP ProBook 450 G2 Laptop Dell PP11L Media Switcher Extron MLS 304 MA Mobile Hotspot Verizon MIF16620L Mobile Hotspot Verizon MHS700L Mobile Hotspot Verizon MHS800L Mobile Hotspot Verizon MHS700L Mobile Hotspot Verizon MHS700L Monitor Dell 2408WFPb Monitor Dell 2408WFPb Monitor Dell E2414Ht Monitor NEC PX42P4DA Monitor Dell 2408WFPb Monitor Dell 2408WFPb Monitor Dell 2408WFPb Monitor Dell 2408WFPb Monitor Dell 2408WFPb Monitor Dell 2408WFPb Monitor Dell 1908FPc Monitor Samsung 943BT Monitor ViewSonic VX2252mh Mounted Video Camera Sony EVI-D70 PC HP 8300 Elite SFF PC PC HP 8300 Elite SFF PC PC HP 8200 Elite SFF PC PC HP 8200 Elite SFF PC PC HP 8300 Elite SFF PC PC HP 8200 Elite SFF PC PC HP 8200 Elite SFF PC PC HP 8300 Elite SFF PC PC HP 8000 Elite SFF PC PC HP 8200 Elite SFF PC PC HP EliteDesk 800 G1 SFF PC PC HP EliteDesk 800 G1 SFF PC PC HP 8200 Elite SFF PC PC HP 8300 Elite SFF PC PC HP EliteDesk 800 G1 SFF PC PC HP 8000 Elite SFF PC PC HP 8000 Elite SFF PC PC HP 8300 Elite SFF PC PC HP 8300 Elite SFF PC PC HP 8300 Elite SFF PC PC HP 8300 Elite SFF PC PC HP 8300 Elite SFF PC PC HP 8200 Elite SFF PC PC HP 8300 Elite SFF PC PC HP EliteDesk 800 G1 SFF PC PC HP EliteDesk 800 G1 SFF PC PC HP EliteDesk 800 G1 SFF PC PC HP 8300 Elite SFF PC PC HP EliteDesk 800 G1 SFF PC PC HP 8200 Elite SFF PC PC HP EliteDesk 800 G1 SFF PC PC HP EliteDesk 800 G1 SFF PC PC HP EliteDesk 800 G1 SFF PC PC HP 8200 Elite Convertible MiniTower PC HP ProLiant ML110 G6 PC Dell Optiplex 755 Printer Ricoh AC205 Printer Canon File Print 400 Printer HP K8450 Printer HP PhotoSmart All in One - C309 Printer HP Photosmart 8450 Projector Sony VPL-CX125 Projector Sony VPL-EX70 RAM stick ELPIDA PC3-10600S-9-10-F2 Server Winscribe EP-Winscribe Thermal Printer Pentax Pocket Jet 3 Thermal Printer Pentax Pocket Jet 3 Thermal Printer Brother Pocket Jet 3 Thermal Printer Pentax Pocket Jet 3 Thermal Printer Pentax Pocket Jet 3 Thermal Printer Pentax Pocket Jet 3 Thermal Printer Pentax Pocket Jet 3 Thermal Printer Pentax Pocket Jet 3 Thermal Printer Pentax Pocket Jet 3 Thermal Printer Pentax Pocket Jet 3 Thermal Printer Brother Pocket Jet 3 Thermal Printer Brother Pocket Jet 3 Thermal Printer Brother Pocket Jet 3 Thermal Printer Pentax Pocket Jet 3 Thermal Printer Pentax Pocket Jet 3 Thermal Printer Pentax Pocket Jet 3 Thermal Printer Pentax Pocket Jet 3 Thermal Printer Pentax Pocket Jet 3 Thermal Printer Pentax Pocket Jet 3 Thermal Printer Pentax Pocket Jet 3 Thermal Printer Pentax Pocket Jet 3 Thermal Printer Pentax Pocket Jet 3 Thermal Printer Brother Pocket Jet 6 plus Thermal Printer Brother Pocket Jet 6 UPS APC ES 650 UPS APC BE550G UPS Battery APC 2x 12V USB TV Tuner Hauppauge 955Q USB TV Tuner Hauppauge 955Q VGA w/Audio over Cat 5 ext remote TRUlink 39986 VGA w/Audio over Cat 5 ext remotE TRUlink 39986 VGA w/Audio over Cat 5 extender TRUlink 39985 VGA w/Audio over Cat 5 extender TRUlink 39985 Wireless Keyboard HP SK-2060 Wireless Mouse Logitech M510 Serial Number 442850200001D1079 F12941039153573 WDWRROBNJ7EGMCOB WACMNOCLLX06YL CNODF266-71615-77L-6695 9112426106 A00000244BC726 AAADY3591 AVAAY4876 100156361 288640 2342480 CS3103S14090208 WCAPT0150224 WCAPT0141943 358820054087605 358820055362155 358824056438550 355830081550049 NA JRRZ9C1 2CE9065TCH 2CE9065TCG 799553-601 7S4XL81 AOONZTDE16611WO965505-40 649496 01958 7 990000958192231 358227055044686 990000951054503 990000958192348 MX-01 U436-74262-82J-1P6S MX-01 U436-74262-83V-2 K2S CN-OVJ H96-74445-543-BH M U 29L03721 MX-0J U436-74262-82J-1PAS MX-0J U436-74262-82J-1PHS MX-0J U436-74262-82J-1PCS MX-01 U436-74262-82J-1P3S MX-01 U436-74262-82J-1P7S MX-01 U436-74262-835-2KGS CN-OUW042-64180-7BN-3XUU MY19H9NSB09843R TVR141132243 112664 MXL3330N2H MXL3330N2F M XL152013V MXL152013M M XL30420KC MXL2161GD1 MXL2161GCT MXL30420KK M X L0442 W 18 MXL152013X 2UA4101H74 2UA44226YX MXL2161GCX MXL330N2M 2UA412209J MXL0380QDW 2UA01614MF MXL30420KG MXL30420K6 MXL23313ZW MXL30420K7 MXL30420KB MXL2161GD6 MXL30420KH 2UA4101H6X 2UA5111M8Q 2UA5111M8S MXL2330GM8 2UA5432NKQ MXL2161GD4 2UA4101H75 2UA4101H6Z 2UA4101H76 2UA1371SKF USE134N47D JSGFHH1 K9978700018 L10510A CN4BQ210FV MY91F11168 CN565210RB 5002683 700619915S EBJ41UF8BCSO-DJ-F NA 051207319 051207138 U62280-F0T112692 051206721 051206676 051206981 051207313 051201091 051207318 051206679 U62280-M9T112305 U62280-M9T112280 U62280-M9T112301 051206677 051206670 051207316 051206199 051206722 051202364 051201211 051206680 051207320 U62864-M4Z438506 U62861-M4Z437183 3B1107X29522 4B1333PR0572 3A1417X38507 000DFE8FFEBB 000DFE8FFEF5 8031029L1100468 8031029L1100469 8041040C1200146 8041040C1200148 CNN55106B1 1619LZ00S6Y8 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Fire Department, Approve Master Services Agreement VIII.F. George Esbensen with VTI for Security Infrastructure Services Requested Action Move to: Approve the Master Services Agreement with VTI for Security Infrastructure Services. Synopsis The Fire Department handles contracting for a variety of services related to the installation of products for security of city buildings. In the past the City has entered into individual contracts for each particular project. In order to save time and costs involved in entering into separate contract the department consulted with the City Attorney to determine if there was an alternative way to contract for security infrastructure that did not involve an individual contract each time. The City Attorney recommended entering into a Master Agreement to provide security infrastructure. When a specific project requires the services of VTI, the Master Agreement provided for a Work Order to be issued to and accepted by VTI. The Work Order will become a part of the Master Agreement. The Master Agreement provides all the terms and conditions that are applicable to each Work Order. The terms and conditions are virtually the same as the terms and conditions in the individual contracts the City has been using. State law grants the City Manager authority to make purchases that do not exceed $20,000.00. Work Orders that do not exceed that amount will be entered into under the authority granted to the City Manager. Work Orders that exceed $20,000.00 will be presented to the City Council for approval. Attachment Master Services Agreement with form of Work Order 2018 01 26 Master Agreement for Contract Services This Agreement("Agreement") is made on the 20th day of March, 2018, between the City of Eden Prairie, Minnesota(hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Videotronix, Incorporated, doing business as VTI Security, a Minnesota corporation(hereinafter "Contractor") whose business address is 401 West Travelers Trail, Burnsville, MN 5533. Preliminary Statement The purpose of this Agreement is to set forth in this Master Agreement the terms and conditions by which Contractor will provide services for the provision of security infrastructure services, including but not limited to cameras and card access. The specific services will be set forth in individual Work Orders as described herein, hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. Upon execution of a Work Order described below the Contractor agrees to provide, perform and complete security infrastructure services requested by the City. The terms of this Agreement shall take precedence over any provisions of the Contractor's proposal and/or general conditions. All Work shall be performed by Contractor pursuant to a work order ("Work Order") issued by the City. Each Work Order shall be in the form attached hereto as Exhibit A and shall specify the Work to be completed and timeline by which it must be completed. All Work shall be performed pursuant to the applicable Work Order and shall be subject to the terms and conditions of this Agreement. No Work shall be performed by the Contactor until it has received a Work Order from the City. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of March 20, 2018. The Agreement shall continue for one (1) year thereafter, and automatically renew from year to year after expiration of said one year period except that this Agreement may be terminated at the end of any one (1) year period with sixty (60) days prior written notice from either party. 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 and each Work Order issued by the City. 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 the hourly and mark-up rates set forth on the Work Order, as full and complete payment for the labor, materials and services rendered pursuant to this Agreement. a. Any changes in the scope of the work for any Work Order which may result in an increase to the compensation due the Contractor shall require a new or amended Work Order issued by the City. The City will not pay additional compensation for services that do not have a Work Order. 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 itemized invoices setting forth Work performed under this Agreement. A separate invoice shall be submitted for each Work Order after the Work requested by the Work Order is accepted in writing by the City. Invoices submitted shall be paid in the same manner as other claims made to the City. b. 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. VTI Master Agreement for Contract Services 2018 03 20 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 VTI Master Agreement for Contract Services 2018 03 20 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 VTI Master Agreement for Contract Services 2018 03 20 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. VTI Master Agreement for Contract Services 2018 03 20 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 bond to secure the warranties if required under a Work Order. 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 VTI Master Agreement for Contract Services 2018 03 20 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. VTI Master Agreement for Contract Services 2018 03 20 Page 7 of 11 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. 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. VTI Master Agreement for Contract Services 2018 03 20 Page 8 of 11 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. 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 VTI Master Agreement for Contract Services 2018 03 20 Page 9 of 11 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. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager VIDEOTRONIX, INCORPORATED, D.B.A VTI SECURITY INTEGRATORS By: Its: VTI Master Agreement for Contract Services 2018 03 20 Page l0 of 11 EXHIBIT A Contract Work Order UPON EXECUTION BY CONTRACTOR AND CITY THIS WORK ORDER BECOMES AN EXHIBT B PART TO THE MASTER AGREEMENT FOR CONTRACT SERVICES DATED Contractor: Videotronix, Incorporated, doing business as VTI Security Integrators Address of Work: Eden Prairie, MN Completion date: . Description of Work: See attached Addendum# 1 Name of Project Manager: Project Manager's Telephone Number: Compensation for Services: City agrees to pay the Vendor [a fixed sum of$ ] OR [an hourly sum of$ , with total payments not to exceed ] as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Work Order. Bond to secure Warranties is or is not required. [check one] Executed this day of , 201_. CITY OF EDEN PRAIRIE By: Its: Fire Chief VIDEOTRONIX,INCORPORATED, D.B.A VTI SECURITY INTEGRATORS By: Its: Addendum # 1 to Contract Work Order VTI Master Agreement for Contract Services 2018 03 20 Page 11 of 11 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police Department Declare Unclaimed Property as Abandoned VIII.G. Lieutenant Matt Sackett Requested Action Move to: Declare property as abandoned. Synopsis The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic equipment and miscellaneous items that remain unclaimed. Background Information In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property Room has several items that have lawfully come into its possession that remain unclaimed by the owners and have been in its possession for at least 90 days. In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like to dispose of this property by sale to the highest bidder at a public auction through the City of Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police Department would like to convert certain items for City use. Attachments Exhibit A—Abandoned Property Exhibit B—Converted Property roLicr Abandoned Property for Auction , ,,of ` Exhibit A PRAIRIE July 5, 2017 _ March 9, 2018 NINu.sots Tag# Description of Property Serial Number 9084 Hero3 GoPro 15544 Garmin Nuvi in box#2W3343275 2W3343275 11132 Nina Black shoes 11134 Silver Emporio Armani watch 11137 Hello Kitty Pink backpack 21379 Anne Kline watch -Women's - White face, silver band 21032 Hyper Havoc FS bicycle - Black & white HSDM13K3277 20617 Black wrist Fit Bit 21477 Roadmaster Granite Peak bicycle - Black, orange & white SNESD16M68682 20796 Magna Great Divide bicycle - Black DJEC093750 21156 Granite Peak 26 Road Master- Black & Red w/flashlight and blk water bottle SNFSD15DK7054 21981 Hardrock Specialized adult bicylcle - Blue & white with water bottle holder. P8HCK0007 19993 Airstream GT bicycle - Blue WY58L00123 20812 Mongoose Ledge Trail bicycle - Blue 12k91731 19777 Casio men's watch - silver and tan 20983 Ceiling Pro Sprayer, Model # 8005-733-255, White transparent container attached to red dolly. 8005-733-255 20844 NEXT Power Climber bicycle - Blue SL03023959 22437 KENT 2.4 TERRA kids bicycle - Blue 21054 Schwinn Ranger bicylcle - Red SNMNG16E11093 21579 White and orange box with miscellaneous screws and anchors 22787 Genesis V2100 bicycle - Blue 20798 Kent freestyle bicylce - Gray & black G1311005419 20797 Kent Freestyle bicycle - Gray & black G1314003663 21959 Raleigh 21 speed "Passage 4.0" bicycle - Green UBYK53989 19994 Huffy Kolo gry 18sp adult bicycle AL14409001 15679 Oral B Pro 3000 electronic toothbrush 20971 Green Osprey Stratos 3G backpack 20104 KHS Eastwood bicycle - Blue U90508880 20242 Full-size child's stroller, black with grey accents 20105 Schwinn Trail Way bicycle - Blue & white IDC07E48238 22255 GoalZero Nomad 7 Recharger 22256 GoalZero portable power station 22257 Two kites & two spools of kite line 22258 Two Kendama toys 22259 Companion brand binoculars 22260 Five small portable power stations 21211 Magna Outreach bicycle DJG160903 19779 Men's ESQ Swiss wristwatch 19783 Men's Riviera brand wristwatch 22146 Miscellaneous brand new clothes 22326 Next Gauntlet bbicycle - White & pink DTHL132648 21453 Next Gauntlet mountain bicycle DJIB063368 22324 Next Wipeout kids bicycle - Green & Black 20161 Tool box containing six dewalt drills, one flashlight and three battery chargers 22325 Roadmaster Assault adult bicycle - Black & Red NFSD15MP9831 19872 Roadmaster Granite Peak bicycle - Purple SNFSD15CB0512 20176 Schwinn bicycle - Black SNMNG13A22259 20600 Schwinn Frontier bicycle - Blue & black SK406741 21053 Specialized Crossroads bicylce - Blue & silver PABD36714 14654 Pearl Bracelet 14651 Midland Scanner T102804711 14650 Kodak HD Camera 14640 See below 14642 See below 14668 See below 14261 See below 14684 Black & Green Samsonite Roller Bag 14645 See below 14676 Violin in Green Canvas Case 14673 1957 German Roth Violin in Brown Leather Case 14674 Japanese Violin in Alligator Case 14675 Gustav August Ficker Sig-5 Violin in case 72325 14677 Violin in case 14639 Bushnell binoculars and Vivitar monocular 14644 Miscellaneous Stamps 14643 See below 14679 Black American Weekend Bag 14682 Nautica Bag 14686 Eagle Creek Bag 14680 Black Targus Bag 14683 See below 14687 Canon EOS Rebel XTI with LowPro Bag and Lens 720330755 14670 Miscellaneous necklaces 14685 See below 14661 Anson Cuff Links in Black 14662 Tour Billion Watch w/black strap 14663 Wood Jewelry Box w/miscellaneous jewelry 14660 Box with miscellaneous jewelry 14665 See below 14664 See below 13342 Roman Domitian Denarius coin 20612 Turquiose wrist Fit Bit 19784 Woman's Seiko wristwatch The items below have a tag#with multiple items assigned to it.The items were packaged in a backpack, duffel bag, box, etc. so all of the items contained in those packages are being auctioned as separate items. 14640 Wooden handheld silverware Set of silverware in wood box 14668 Kindle in black case Nintendo DS Nook in pink case Sony portable CD/DVD player 14684 Green and black Samsonite roller bag Casio watch 14643 3 Rolex replica watches Pentax binoculars Hidden wall safe _ Radio Shack scanner Radio Shack scanner 14683 Chaps suitcase Northface ruck sack Adidas duffel bag Cabela's duffel bag - Green Cabela's duffel bag -Orange/Black 14685 Calpack blue duffel bag Black leather clothes hanging bag Blue Olympia roller bag 14642 Fieldline camo backpack Kenwood 2 way radios and charging docks 14261 Berenger watch Miscelllaneous bracelets Nike athletic watch 14645 Canon Rebel xs digital and canon telephoto lens Pentax 35 film camera Canon AE1 35mm film camera and telephoto lens Garmin Forerunner sports watch Kodak Easy Share digital camera Sony digital handy cam Fuji film digital camera Poaroid portable printer 14664 3 Liberty head dollars 1922 Liberty head dollar Victory head nickels and dimes 7 Luxor coins Collectible coins & silver certificate 14665 Assorted foreign currency Assorted foreign coins Assorted novelty coins Assorted foreign coins 14646 Mixed foreign coins Mixed foreign coins Mixed foreign coins VOLIcE Converted Property EaEIV Exhibit B 'PRaiNE July 5, 2017 - March 9, 2018 Tag# Description of Property Serial Number 16329 Digital Scale (Converted to Patrol Unit) 15537 #06-Orange Bolt Cutter(Converted to CSO truck) 10114 Approximately 4.92 grams of MDMA"Molly" (Converted to EPPD K-9 Unit) 5229 (4) $5 bills (6) $1 bills =Total: $26 (Converted to City General Fund) 23054 907.6 grams of MJ (Converted to EPPD K-9 Unit) 23055 204.48 grams of THC Wax (Converted to EPPD K-9 Unit) 16721 Dog food container(Converted to K-9 Unit) 20616 $12.00 (Converted to City General Fund) 21381 $2.31 in coins (Converted to City General Fund) 22261 $4.20 in change (Converted to City General Fund) 20564 $41.00 (Converted to City General Fund) 21719 2. Daisy Powerline bb gun (Converted to EPPD Training Unit) 16G01544 7966 2. Dug-out/One-hitter(Converted to EPPD K-9 Unit) 19839 32 GB white iPad (Converted to EPPD Forensics Unit) DLXGXOTJDKPM 17023 48.40g of Meth (Converted to EPPD K-9 Unit) 14286 Thumb Drive (Converted to Forensics Unit) 169 Thumb Drive (Converted to Forensics Unit) 15550 Thumb Drive (Converted to Forensics Unit) 8814 Black shotgun case (Converted to Evidence Unit) 11530 Metal container that held pills (Converted to Mtka Explorer Program) 13967 'Digital scale and pill cutter(Converted to Mtka Explorer Program) 11532 Metal container with nail clipper attached that held pills (Converted to Mtka Explorer Program) 15682 Husky Burglary Tools (Converted to CSO Unit) 15070 !Plastic hash shatter cards (Converted to Mtka Explorer Program) 15071 Green/Tab "oil slick" mat and glass extractor tube (Converted to Mtka Explorer Program) 21316 $5.00 bill (Converted to City General Fund) 21481 $111.15 (Converted to City General Fund) 7883 Compaq laptop computer and power cord (Converted to Forensic Unit) 10174 27.47 grams cocaine (Converted to EPPD K-9 Unit) 20085 Flash drive (Converted to Forensics Unit) 10179 29.16 grams heroin (Converted to EPPD K-9 Unit) 18394 $13.00 (Converted to City General Fund) 20966 Plastic Dog Kennel (Converted to Animal Control Unit) 19775 $32.45 (Converted to City General Fund) 335 Flash drive (Converted to Forensics Unit) 175 Flash drive (Converted to Forensics Unit) 173 Flash drive (Converted to Forensics Unit) 174 Flash drive (Converted to Forensics Unit) 11623 $15.50 (Converted to City General Fund) 13679 Thumb Drive (Converted to Forensics Unit) 15913 Thumb Drive (Converted to Forensics Unit) 14114 Thumb Drive (Converted to Forensics Unit) 11970 Thumb Drive (Converted to Forensics Unit) 11971 'Thumb Drive (Converted to Forensics Unit) 11972 Thumb Drive (Converted to Forensics Unit) 22463 Thumb Drive (Converted to Forensics Unit) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Mary Krause Award Contract Pearson Brothers, Inc., VIII.H. Public Works/Engineering for the 2018 Sealcoating Project, I.C. 18806 Requested Action Move to: Award the Contract for 2018 Sealcoating Project to Pearson Brothers, Inc., in the amount of$533,900.00. Synopsis Bids were received on Thursday, March 8, 2018 for the 2018 Sealcoating project. Three bids were received and are tabulated as follows: Pearson Brothers, Inc. $533,900.00 Allied Blacktop Company $586,450.00 ASTECH Corporation $736,950.00 Background Information Street sealcoating is an annual street maintenance project. The unit prices for sealcoat this year are slightly higher than 2017 prices. The 2018 Operating and Maintenance budget for sealcoating is $215,000. The balance between the actual project costs and the budgeted amount will be taken from the CIP pavement management fund. Attachment Contract CONSTRUCTION SHORT FORM CONTRACT THIS AGREEMENT, made and executed this day of 2018, by and between 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, agrees as follows: CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. 18806-2018 Street Sealcoat Project CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices,based on estimated required quantities is estimated to be $533,900.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders b. Proposal Form c. Construction Short Form Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE By Its City Mayor By Its City Manager CONTRACTOR In Presence Of: By Its Its CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO. Mary Krause Award Contract for 2018 Street Striping to VIII.I. Public Works/Engineering Sir Lines-A-Lot, I.C. #18804 Requested Action Move to: Award contract for 2018 Striping to Sir Lines-A-Lot in the amount of$83,370.00. Synopsis Sealed bids were received Thursday, March 8, 2018, for the 2018 Striping project. Four bids were received and are tabulated as follows: Sir Lines-A-Lot $83,370.00 AAA Striping Service Company $88,800.00 Traffic Marking Service, Inc. $101,900.00 Warning Lites $125,613.50 Background Information Street striping is an annual street maintenance project. The budget for 2018 is $100,000 under budget#1714-6337. Staff recommends award to Sir Lines-A-Lot. Attachment Contract CONSTRUCTION SHORT FORM CONTRACT THIS AGREEMENT, made and executed this day of 2018, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Sir Lines-A-Lot,hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. 18804-2018 Street Striping Project CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices,based on estimated required quantities is estimated to be $83,370.00. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Proposal Form c. Construction Short Form Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract 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 By Its City Mayor By Its City Manager CONTRACTOR In Presence Of: By Its Its CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda March 20, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Leslie Stovring Approve Professional Services Agreement VIII.J. Engineering with Wenck Associates for the Lower Riley Creek Watershed Outlet Monitoring Requested Action Move to: Approve Professional Services Agreement with Wenck Associates to provide monitoring and maintenance activities for the Riley Creek water quality monitoring station in the amount of$32,780. Synopsis Metropolitan Council Environmental Services has requested that the City of Eden Prairie agree to collect samples from and maintain the equipment for the Riley Creek monitoring station south of Flying Cloud Drive. These samples will monitor the creek health and allow the City and Metropolitan Council to track the success of water quality improvement on projects within the creek. The funds for the station will be paid in part by a grant by the Metropolitan Council (estimated as $4,000 per year) and the remainder will be paid out of the stormwater utility fund. Background Information The Riley Creek water quality monitoring station south of Flying Cloud Drive was installed by the Metropolitan Council to monitor the health of Riley Creek prior to flowing into the Minnesota River as part of their Watershed Outlet Monitoring Program (WOMP). The City started contracting for monitoring services in 2008 after they requested that the City take on those duties associated with the station due to a lack of available staffing within the Council. The Metropolitan Council will provide limited funding for the station monitoring, the amount that will be available is to be determined but is anticipated to be $4,000 per year, for a total of $8,000 towards this contract. Riley Creek is currently listed as impaired by the State of Minnesota. The Minnesota Pollution Control Agency (MPCA) has requested that the data collected be entered into the State's water monitoring database. This would make the data readily available to the MPCA for any upcoming studies,such as a Total Maximum Daily Load(TMDL)study. The data collected would also allow the City to track the success of actions taken under our Storm Water Pollution Prevention Plan to improve the water quality of Riley Creek. The goal would be to request that the creek segment be delisted in the future. Attachments Professional Services Agreement Lower Riley Creek Watershed Outlet Monitoring Program Proposal 2017 06 01 Agreement for Professional Services This Agreement ("Agreement") is made on the 2nd day of March, 2018, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Wenck Associates, Inc("Consultant") Minnesota corporation (hereinafter "Consultant") whose business address is 7500 Highway 55, Suite 300, Golden Valley, MN 55427. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for General Water Resources Engineering Services hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (Letter from Wenck to the City of Eden Prairie dated March 2,2018) 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 March 7, 2018 through January 31, 2020 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 $32,280 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) amount of the contract,current billing, past payments and unexpended balance of the contract. Page 2 of 10 2017 06 01 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 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. 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 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 Page 3 of 10 2017 06 01 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 Liability $1,000,000 combined single limit each accident (shall include coverage for all owned,hired and non-owed vehicles.) Page 4 of 10 2017 06 01 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. 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. Page 5 of 10 2017 06 01 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 that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. Page 6 of 10 2017 06 01 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 settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS Page 7 of 10 2017 06 01 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 forruer 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. 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, Page 8 of 10 2017 06 01 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. 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, Page 9 of 10 2017 06 01 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 By: Joe Bischoff Its: Principal Page l0 of 10 2017 06 01 v*v WENCK Responsive partner. Exceptional outcomes. March 2, 2017 Ms. Leslie Stovring Environmental Coordinator City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: 2018-2019 Lower Riley Creek Watershed Outlet Monitoring Program Services Salutation: The purpose of this letter is to provide the City of Eden Prairie (City) with a proposal for professional engineering services related to the Lower Riley Creek Watershed Monitoring Program (WOMP) services (proposal and professional services agreement attached). The tasks for this effort include: 1. Collect bi-weekly grab samples throughout the year from Riley Creek. This task will also include: 2. Collect flow-weighted composite samples to characterize storm events. This task will include: 3. Preparation of a year-end summary of water quality results, problems encountered, and future monitoring suggestions for presentation to the City. We envision this summary as a technical memorandum. 4. Meeting with City staff to present year-end summary of water quality results. The total budget for the tasks described above is $32,280 includes Wenck labor and expense costs. This sampling effort will last from March 7, 2018 to December 31, 2019 We will invoice the City on a time and materials basis and will not exceed the total project budget without prior approval. Sincerely, Wenck Associates, Inc. Wenck Associates, Inc. 3‹.f Joe Bischoff Brian Beck Principal, Aquatic Ecologist Water Quality Scientist 763-252-6829 763-252-6943 jbischoff@wenck.com bbeck@wenck.com enc: Wenck Agreement for Professional Services 2018-2019 Lower Riley Creek Watershed Outlet Monitoring Program Services Wenck I Colorado I Georgia I Minnesota I North Dakota I Wyoming Toll Free 800-472-2232 Web wenck.com CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: Robert Ellis Trunk Highway 169 MnPASS project VIII.K. Public Works submittal to Corridors of Commerce Requested Action Move to: Adopt the resolution supporting the Trunk Highway 169 MnPASS project submittal to the Corridors of Commerce program. Background Information The Minnesota Legislature created the Corridors of Commerce program for the construction, reconstruction and improvement of trunk highways not already in the State Transportation Improvement Program. The Minnesota Department of Transportation is overseeing the solicitation and selection of projects for the Corridors of Commerce program where $400 million in capital funding has been dedicated. Scott County submitted the following projects for funding consideration in the Corridors of Commerce Program: • TH 169 MnPASS from County Highway 21 in Shakopee to I-494 northbound and spot mobility improvements southbound from I-494 to the eastbound TH 13 ramp (reduced scope project identified as 169 Mobility Study Implementation Plan, Stage A) • TH 169 MnPASS from Marschall Road to I-494 (full MnPASS on both the northbound and southbound directions includes Stages A, D &E from the 169 Mobility Study Implementation Plan) Projects submitted to the Corridors of Commerce program will receive additional consideration (points earned) if resolutions supporting the project are adopted from each municipality and county that is touched by the project limits. Corridors of Commerce projects have no local cost participation requirement. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2018- A RESOLUTION SUPPORTING THE TRUNK HIGHWAY 169 MNPASS PROJECT SUBMITTAL FOR THE CORRIDORS OF COMMERCE PROGRAM WHEREAS, the Minnesota Legislature created the Corridors of Commerce program for the construction, reconstruction and improvement of trunk highways not already in the State Transportation Improvement Program; and WHEREAS, in 2017, $400 million in capital funding was dedicated to the Corridors of Commerce program; and WHEREAS, the Corridors of Commerce program establishes two major goals: (1) to provide additional highway capacity on segments where there are currently bottlenecks in the transportation system, and(2)to improve the movement of freight and reduce barriers of commerce; and WHEREAS, the program was established to fund trunk highway projects not currently programmed by Minnesota Department of Transportation(MnDOT); and WHEREAS, the Commissioner of Transportation asked local coalitions, agencies, and the public to identify projects that are needed to build a world class transportation system for the State of Minnesota; and WHEREAS, most of the major river crossings in the south metro are at capacity and MnPASS dynamic pricing can help to maximize the capacity on the Bloomington Ferry Bridge and this segment of 169 to I494, particularly during the peak periods. During off-peak periods the additional capacity will be available to the traveling public as a general purpose facility; and WHEREAS, Scott County submitted the following projects for funding consideration in the Corridors of Commerce Program: • TH 169 MnPASS from County Highway 21 in Shakopee to I-494 northbound and spot mobility improvements southbound from I-494 to the eastbound TH13 ramp (reduced scope project identified as 169 Mobility Study Implementation Plan, Stage A) • TH 169 MnPASS from Marschall Road to I-494 (full MnPASS on both the northbound and southbound directions includes Stages A, D &E from the 169 Mobility Study Implementation Plan) WHEREAS, projects submitted to the Corridors of Commerce program will receive additional consideration if resolutions supporting the project are adopted from each municipality and county that is touched by the project limits. NOW, THEREFORE, BE IT RESOLVED that the Eden Prairie City Council hereby supports these important regional projects for consideration for funding through the Corridors of Commerce program. ADOPTED by the Eden Prairie City Council on March 20, 2108. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Randy Newton Approve Agreement with SRF Consulting V I I I.L. Public Works/Engineering Group for Railroad Quiet Zone Design and Implementation, #16-5943 Requested Action Move to: Approve Agreement with SRF Consulting Group, Inc. for Railroad Quiet Zone Design and Implementation. Synopsis This Professional Services Agreement provides for the design of at-grade railroad crossing safety improvements and implementation of a Railroad Quiet Zone in Eden Prairie. Background Information In 2016, a Railroad Quiet Zone Assessment for Eden Prairie was completed. The assessment identified options to improve safety of at-grade rail crossings and to minimize the impacts of train horn noise throughout the community. The assessment included the following crossings: • West 62nd Street • Birch Island Road • Valley View Road • Unofficial crossing east of Valley View Road connecting Duck Lake Road and the Eden Prairie High School. During the 2017 Legislative session, a bill was passed to provide $1,400,000 in state funding for rail grade crossing improvements, which will enable the establishment of a railroad quiet zone through Eden Prairie. This Professional Services Agreement provides for the design of the at- grade railroad crossing safety improvements and implementation of the quiet zone. Construction of the improvements is tentatively scheduled for 2019. Design and construction of the improvements that establish the trail/rail crossing between Duck Lake Road and the Eden Prairie High School are being completed as a separate project and are not included in this contract. Financial Implications The Professional Services Agreement with SRF Consulting Group has an estimated cost of $125,000. The total project costs are currently estimated to be $1,400,000. It is anticipated that the majority of the project costs will be paid by the state funding. Attachment Professional Services Agreement 2017 06 01 Agreement for Professional Services This Agreement ("Agreement") is made on the_20 day of March , 20 18 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc. ("Consultant"), a Minnesota corporation (hereinafter "Consultant") whose business address is One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Railroad Quiet Zone Design and Implementation hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work The Consultant agrees to provide the professional services shown in Exhibit A ( SRF Proposal Letter dated March 13, 2018 ) 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 March 20, 2018 through June 30, 2019 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 $_125,000 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. Version 2017 06 01 b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such Page 2 of 10 2017 06 01 documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant 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. 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. Page 3 of 10 2017 06 01 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 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 Page 4 of 10 2017 06 01 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. 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 Page 5 of 10 2017 06 01 loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. 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 Page 6 of 10 2017 06 01 this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen(15) days of receiving notice from the City. 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 Page 7 of 10 2017 06 01 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 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 By: Its: Page 10 of 10 2017 06 01 ti SRP 11385.PP March 13,2018 Mr. Randy Newton,PE,PTO , Assistant City Engineer/Traffic Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Subject: Proposal for Professional Services for Quiet Zone Design and Implementation Eden Prairie,Minnesota Dear Mr. Newton: Based on your request,SRF Consulting Group,Inc. (SRF) is pleased to submit this proposal to provide professional services for the design of the at-grade railroad crossing safety improvements and implementation of the quiet zone. Scope of Services and Assumptions We propose to carry out the work required to complete all tasks necessary for the final design of the quiet zone improvements. Our scope is based on the Eden Prairie Quiet Zone Assessment document prepared by SRF in November 2016 which identified the following at-grade railroad crossing locations: - West 62nd Street - Birch Island Road - Valley View Road An additional crossing was identified in the Assessment document located approximately 700 feet east of Valley View Road. This crossing is used as a shortcut for pedestrians going to and from the high school.We will provide the necessary coordination to make all four crossings quiet one eligible. However,we understand that pedestrian crossing final design has been completed internally by city staff—SRF will complete the final design for the three roadway crossings. Schedule/Budget We will complete this work within a mutually agreed-upon time schedule. We understand that construction of the pedestrian crossing is scheduled for 2018 and construction of the three roadway crossings are scheduled for 2019. www.srfconsulting,com One Carlson Parkway North,Suite 150 I Minneapolis,MN 55447.445E 763.475.0010 Fax:1.886.440.6864 Au Equal Dpporluaily Employer Mr. Randy Newton March 13,2018 City of Eden Prairie Page 2 The estimated cost for providing professional services for the Quiet Zone Design and Implementation project is $122,400.The fee has been estimated based on our proposed work plan, our experience with similar projects,and our current understanding of the project. We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CoNsul:TING GROUP,INC. aAZL r Matthew D, Hansen,PE(MN ID),LS (MN IA) Kenneth A. Mahe,PE (MN WI IA) Principal Vice President MDI-1/KAH/cw This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. SAAfor.6elr rPrepntmG\2018 Lefler P1vfeurfr\11385.PP_Erleerairie, /.Mirka Prairie 1Jr77GR. A CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Paul Schlueter Award Contract for New Water Truck Body VIII.M. Fleet Services Requested Action Move to: Award contract to purchase new water truck body from Stepp Manufacturing Co, Inc. for $54,470.00 Synopsis Back on October 17, 2107, the City Council approved the list of vehicles and equipment that Fleet Services would be replacing in 2018. One of the vehicles on that list is a water truck that is used for flushing streets, watering roadside vegetation and flooding ice rinks. Fleet Services typically purchases truck bodies and equipment using the State of Minnesota Cooperative Purchasing Venture (CPV)under contracts that are already negotiated and in place with the State. This water truck body is not on any current State contract. Per City Purchasing Policy, Fleet Services solicited quotes for this body and a summary of the quotes received are noted below. Vendor: Quoted Price: Stepp Manufacturing Co. Inc. $54,470.00 Crysteel Truck Equipment $70,641.87 Truck Utilities Inc. Did not quote. Could not meet required specs Aspen Equipment Did not quote. Could not meet required specs The low quote that met our specifications is from Stepp Manufacturing Co. Inc. Staff is requesting approval and award of the contract to Stepp Manufacturing Co. Inc. for the quoted amount of$54,470.00. This purchase will be funded through the Fleet Capital Internal Service Fund and adequate dollars are currently available to fund this purchase. Attachment City of Eden Prairie/ Stepp Manufacturing—Standard Contract for Goods and Services 2017 06 10 Contract for Goods and Services This Contract ("Contract") is made on the 20th day of March, 2018, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Stepp Manufacturing Co., Inc., a Minnesota Corporation (hereinafter "Vendor") whose business address is 12325 River Road,North Branch MN 55056. Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for supplying and installing a Stepp Model SSF 2000 Water Truck Body and associated components hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. 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 of Contract. All Work under this Contract shall be provided, performed and/or completed by December 1, 2018. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of$54,470.00 with total payments not to exceed $54,470.00 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 6. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor's services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 7. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 8. Warranty. The Vendor 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. 9. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 10. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 11. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 12. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. Standard Purchasing Contract 2017 06 01 Page 2 of 5 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor 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. 16. 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. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor 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. 21. 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. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in Standard Purchasing Contract 2017 06 01 Page 3 of 5 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 Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. 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. 25. 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. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. 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. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor 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 Vendor 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 Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. Standard Purchasing Contract 2017 06 01 Page 4 of 5 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager VENDOR By: Its: Standard Purchasing Contract 2017 06 01 Page 5 of 5 TM QUOTE SSF18-11 STEPP MFG Jason@steppmfg.com/VP Sales Joan@steppmfg.com/Sales Coord Charlie@ateppmfg.com/East Coast Rep carl@steppmfg.com/Midwest Rep TO Paul Schlueter COMPANY City of Eden Prairie PHONE/FAX 952-294-5936 ADDRESS 15150 Technology Dr EMAIL pschlueter@edenprairie.org CITY/STATE/ZIP Eden Prairie, MN 55344 DATE EARLIEST SHIP FOB SALES REPRESENTATIVE 3/8/2018 TBD Factory Carl Abbott ITEM# DESCRIPTION QTY UNIT TOTAL LINE TOTAL SSF 2000 Stepp Truck Mounted Street Flusher 2000 gallon- Unit 1 $ 46,111.00 $ 46,111.00 includes : 100' Hose with electric rewind hose reel,750 GPM Hydraulically Driven Water pump,4 Nozzles:2 midship,2 rear,Syncro mesh PTO with load sense pump, IMF Can Buss control with PLC color display controller,6"Air operated dump valve with splash plate,Anti Siphon Fill pipe, Force America Add-a-Fold Valve,Water Recirculation for antifreezing. Heated Cabinet-Stainless Steel 1 $ 4,049.00 4,049.00 Additional Plumbing Nozzles 1 1,049.00 1,049.00 Duck Bill Nozzle-to be located front curbside, 4 are standard-2 mid,2 rear 1 306.00 306.00 Work Lights 4 199.00 796.00 Whelen Scene Light 1 834.00 834.00 Airblast(per nozzle) 5 265.00 1,325.00 PAINT: We are pleased to submit the above quote for your consideration.Should you place subtotal $ 54,470.00 an order,be assured it will receive our prompt attention.Price does not include local, state,or federal tax unless otherwise noted. *Please note:This quote is valid for 60 days from the above date. There after it is subject to change. Freight Total Due $ 54,470.00 THANK YOU FOR YOUR BUSINESS! CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 20, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Scheels VIII.N. Janet Jeremiah/Julie Klima Requested Action Move to: Adopt Resolution Approving Agreements Regarding Eden Prairie Mall Anchor Tenants Synopsis On March 6, 2018, the City Council approved a Development Agreement for the Scheels project. The Development Agreement included Paragraphs 3 and 4 addressing reuse of anchor tenant spaces within Eden Prairie Center. Eden Prairie Center ownership has requested that these paragraphs be removed from the Development Agreement and the language instead be provided in separate agreements with each of the anchor tenant property owners. The City Attorney has prepared the individual private agreements and the attached Resolution authorizes the City to enter into these agreements. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018-4_ A RESOLUTION APPROVING AGREEMENT REGARDING EDEN PRAIRIE MALL ANCHOR TENANTS WHEREAS, CAPREF EDEN PRAIRIE SOUTH LLC ("CAPREF EP SOUTH") is a party to that certain Development Agreement dated as of March 5, 2018, governing the Scheels store redevelopment of that parcel legally described in Exhibit A; and WHEREAS, CAPREF EDEN PRAIRIE LLC ("CAPREF LLC") is the owner of that certain parcel legally described in Exhibit B; and WHEREAS, CAPREF EDEN PRAIRIE ANCHOR BUILDING LLC ("CAPREF EP ANCHOR") is the owner of that certain parcel legally described in Exhibit C; and WHEREAS, CAPREF EP SOUTH, CAPREF LLC, CAPREF EP ANCHOR and the City have a mutual desire to ensure that the properties in Exhibits A, B and C are evaluated for appropriate use or re-use when an opportunity arises in the future; and WHEREAS, CAPREF EP SOUTH, CAPREF LLC, CAPREF EP ANCHOR AND the City desire to memorialize the evaluation process through an agreement entered into by the City individually with each entity. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. The recitals set forth above are incorporated herein. 2. Approves and authorizes the Mayor and City Manager to execute the Agreement with CAPREF EP SOUTH attached hereto as Exhibit A; and 3. Approves and authorizes the Mayor and City Manager to execute the Agreement with CAPREF EP attached hereto as Exhibit B; and 4. Approves and authorizes the Mayor and City Manager to execute the Agreement with CAPREF EP ANCHOR attached hereto as Exhibit C. ADOPTED by the City Council of the City of Eden Prairie this 20th day of March, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A AGREEMENT THIS AGREEMENT ("Agreement") is entered into as of March 20, 2018, by CAPREF EDEN PRAIRIE SOUTH LLC, a limited liability company ("CAPREF EP SOUTH") its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation,hereinafter referred to as "City": WITNESSETH: WHEREAS, CAPREF EP SOUTH is a party to that certain Development Agreement dated as of March 5, 2018, governing the Scheels store redevelopment of that parcel legally described on Exhibit A(the "Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No.No 2017-117 for Planned Unit Development Concept Review, Ordinance No. 4-2018-PUD-1-2018 for Planned Unit Development District Review with waivers on 20 acres, and Resolution No. 2018-30 for Site Plan Review and for other good and valuable consideration, CAPREF EP SOUTH agrees as follows: 1. NOTICE OF CHANGE IN ANCHOR TENANT: In the event the Property becomes available for redevelopment due to the permanent closure of the Scheels store, or if such store lease will be terminated or not renewed, CAPREF EP SOUTH shall notify the City's Community Development Director in writing within 10 days of issuing or receiving notice of such lease termination or permanent closure. Permanent closure does not include a closure 1 CAPREF EDEN PRAIRIE SOUTH LLC Agreement/March 20, 2018 4846-1091-7470 specifically allowed under the lease or a closure due to repair, replacement, restoration, maintenance, or improvement of the Property; or a closure due to fire or other peril so long as a building permit has been applied for within 180 days of when the Property is damaged. 2. CONSIDERATION OF ALTERNATIVE LAND USES: A. CAPREF EP SOUTH agrees that prior to leasing the Property to a replacement tenant for that space, CAPREF EP SOUTH will hire an independent expert consultant or team of consultants (the Consultant") approved by 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 Property and associated parking area for uses that shall include: (i) full service hotel or upscale-hybrid limited service hotel banquet/meeting space, (ii)a combination of hotel with meeting space and multi-family housing,and(iii)high-density multi-family housing (hereinafter "Redevelopment Uses"). CAPREF EP SOUTH 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 Property 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 entertainment use(s), retail, and/or office, medical office or other uses compatible with the Redevelopment Uses (hereinafter "Compatible Uses"). CAPREF EP SOUTH shall provide a copy of the Market Study to the City for its review, comment and recommendation. The City's Community Development Director shall review the Redevelopment Uses and potential Compatible Uses reviewed by the Market Study and provide advice and guidance to CAPREF EP SOUTH regarding potential uses identified in the Market Study that meet the City's Land Use Plans, Policies, Goals and Strategic Plan for Housing and Economic Development for the reuse of the Property, including whether the City would consider providing public financing and/or assistance with procuring grants to address financial feasibility concerns of CAPREF EP SOUTH relating to such uses. CAPREF EP SOUTH 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. The Community Development Director's review, advice, guidance, comments and determination of feasibility of any potential replacement use is not a recommendation for formal approval but advisory only. If the Redevelopment Uses identified in the Market Study are determined by CAPREF EP SOUTH, in its commercially reasonable judgment, to not be feasible, CAPREF EP SOUTH shall advise the City of this conclusion in writing,together with an explanation of why the proposed Redevelopment Uses are not feasible. CAPREF EP SOUTH may then proceed with marketing the Property which was subject to the Market Study to a new tenant including an existing tenant. CAPREF EP SOUTH agrees that at all times the City retains its authority to review and, as appropriate, approve or deny any use or redevelopment plans brought forward by CAPREF EP SOUTH based on state law and City code. 2 CAPREF EDEN PRAIRIE SOUTH LLC Agreement/March 20, 2018 4846-1091-7470 B. In the event CAPREF EP SOUTH shall fail to complete the Market Study as required herein, the City may elect to complete such Market Study and CAPREF EP SOUTH shall be obligated to reimburse the City for the cost of such Market Study. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. 3 CAPREF EDEN PRAIRIE SOUTH LLC Agreement/March 20, 2018 4846-1091-7470 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 March, 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 4 CAPREF EDEN PRAIRIE SOUTH LLC Agreement/March 20, 2018 4846-1091-7470 CAPREF EDEN PRAIRIE SOUTH LLC By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of March, 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 5 CAPREF EDEN PRAIRIE SOUTH LLC Agreement/March 20, 2018 4846-1091-7470 EXHIBIT A SCHEELS PAD Legal Description Lot 4, Block 1, Eden Prairie Center Addition 4828-1934-9087,v. 1 6 CAPREF EDEN PRAIRIE SOUTH LLC Agreement/March 20, 2018 4846-1091-7470 EXHIBIT B AGREEMENT THIS AGREEMENT ("Agreement") is entered into as of March 20, 2018, by CAPREF EDEN PRAIRIE LLC, a limited liability company ("CAPREF EP") its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, CAPREF EP is the owner of that certain parcel legally described on Exhibit A (the "Property"); and WHEREAS, CAPREF EP and the City have a mutual desire to ensure that the Property is evaluated for appropriate use or re-use when an opportunity arises in the future; NOW,THEREFORE,in consideration of the City adopting Resolution No.No 2017-117 for Planned Unit Development Concept Review, Ordinance No. 4-2018-PUD-1-2018 for Planned Unit Development District Review with waivers on 20 acres, and Resolution No. 2018-30 for Site Plan Review and for other good and valuable consideration, CAPREF EP agrees as follows: 1. NOTICE OF CHANGE IN ANCHOR TENANT: In the event the Property becomes available for redevelopment due to the permanent closure of the Von Maur, or if such store lease will be terminated or not renewed, CAPREF EP shall notify the City's Community Development Director in writing within 10 days of issuing or receiving notice of such lease termination or permanent closure. Permanent closure does not include a closure specifically 1 CAPREF EDEN PRAIRIE LLC Agreement/March 20, 2018 4846-1091-7470 allowed under the lease or a closure due to repair, replacement, restoration, maintenance, or improvement of the Property; or a closure due to fire or other peril so long as a building permit has been applied for within 180 days of when the Property is damaged. 2. CONSIDERATION OF ALTERNATIVE LAND USES: A. CAPREF EP agrees that prior to leasing the Property to a replacement tenant for that space, CAPREF EP will hire an independent expert consultant or team of consultants (the Consultant") approved by 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 Property and associated parking area for uses that shall include: (i) full service hotel or upscale-hybrid limited service hotel banquet/meeting space, (ii) a combination of hotel with meeting space and multi-family housing, and (iii) high-density multi-family housing (hereinafter "Redevelopment Uses"). CAPREF EP 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 Property 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 entertainment use(s), retail, and/or office, medical office or other uses compatible with the Redevelopment Uses (hereinafter "Compatible Uses"). CAPREF EP shall provide a copy of the Market Study to the City for its review, comment and recommendation. The City's Community Development Director shall review the Redevelopment Uses and potential Compatible Uses reviewed by the Market Study and provide advice and guidance to CAPREF EP regarding potential uses identified in the Market Study that meet the City's Land Use Plans, Policies, Goals and Strategic Plan for Housing and Economic Development for the reuse of the Property,including whether the City would consider providing public financing and/or assistance with procuring grants to address financial feasibility concerns of CAPREF EP relating to such uses. CAPREF EP 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. The Community Development Director's review, advice, guidance, comments and determination of feasibility of any potential replacement use is not a recommendation for formal approval but advisory only. If the Redevelopment Uses identified in the Market Study are determined by CAPREF EP, in its commercially reasonable judgment, to not be feasible, CAPREF EP shall advise the City of this conclusion in writing, together with an explanation of why the proposed Redevelopment Uses are not feasible. CAPREF EP may then proceed with marketing the Property which was subject to the Market Study to a new tenant including an existing tenant. CAPREF EP agrees that at all times the City retains its authority to review and,as appropriate, approve or deny any use or redevelopment plans brought forward by CAPREF EP based on state law and City code. B. In the event CAPREF EP shall fail to complete the Market Study as required herein, the 2 CAPREF EDEN PRAIRIE LLC Agreement/March 20, 2018 4846-1091-7470 City may elect to complete such Market Study and CAPREF EP shall be obligated to reimburse the City for the cost of such Market Study. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. 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 March, 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 3 CAPREF EDEN PRAIRIE LLC Agreement/March 20, 2018 4846-1091-7470 CAPREF EDEN PRAIRIE LLC By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of March, 2018, by , the , of CAPREF EDEN PRAIRIE 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 4 CAPREF EDEN PRAIRIE LLC Agreement/March 20, 2018 4846-1091-7470 EXHIBIT A VON MAUR PAD Legal Description Lot 2, Block 1, Eden Prairie Center 10th Addition 4818-2025-3279,v. 1 5 CAPREF EDEN PRAIRIE LLC Agreement/March 20, 2018 4846-1091-7470 EXHIBIT C AGREEMENT THIS AGREEMENT ("Agreement") is entered into as of March 20, 2018, by CAPREF EDEN PRAIRIE ANCHOR BUILDING LLC, a limited liability company ("CAPREF EP ANCHOR") its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, CAPREF EP ANCHOR is the owner of that certain parcel legally described on Exhibit A(the "Property"); and WHEREAS, CAPREF EP ANCHOR and the City have a mutual desire to ensure that the Property is evaluated for appropriate use or re-use when an opportunity arises in the future; NOW,THEREFORE,in consideration of the City adopting Resolution No.No 2017-117 for Planned Unit Development Concept Review, Ordinance No. 4-2018-PUD-1-2018 for Planned Unit Development District Review with waivers on 20 acres, and Resolution No. 2018-30 for Site Plan Review and for other good and valuable consideration, CAPREF EP ANCHOR agrees as follows: 1 CAPREF EDEN PRAIRIE ANCHOR BUILDING LLC Agreement/March 20, 2018 4846-1091-7470 1. NOTICE OF CHANGE IN ANCHOR TENANT: In the event the Property becomes available for redevelopment due to the permanent closure of the JC Penney store, or if such store lease will be terminated or not renewed, CAPREF EP ANCHOR shall notify the City's Community Development Director in writing within 10 days of issuing or receiving notice of such lease termination or permanent closure. Permanent closure does not include a closure specifically allowed under the lease or a closure due to repair, replacement, restoration, maintenance, or improvement of the Property; or a closure due to fire or other peril so long as a building permit has been applied for within 180 days of when the Property is damaged. 2. CONSIDERATION OF ALTERNATIVE LAND USES: A. CAPREF EP ANCHOR agrees that prior to leasing the Property to a replacement tenant for that space, CAPREF EP ANCHOR will hire an independent expert consultant or team of consultants(the Consultant") approved by 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 Property and associated parking area for uses that shall include: (i) full service hotel or upscale-hybrid limited service hotel banquet/meeting space, (ii) a combination of hotel with meeting space and multi-family housing, and (iii) high-density multi-family housing (hereinafter "Redevelopment Uses"). CAPREF EP ANCHOR 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 Property 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 entertainment use(s),retail,and/or office,medical office or other uses compatible with the Redevelopment Uses(hereinafter"Compatible Uses"). CAPREF EP ANCHOR shall provide a copy of the Market Study to the City for its review, comment and recommendation. The City's Community Development Director shall review the Redevelopment Uses and potential Compatible Uses reviewed by the Market Study and provide advice and guidance to CAPREF EP ANCHOR regarding potential uses identified in the Market Study that meet the City's Land Use Plans, Policies, Goals and Strategic Plan for Housing and Economic Development for the reuse of the Property,including whether the City would consider providing public financing and/or assistance with procuring grants to address financial feasibility concerns of CAPREF EP ANCHOR relating to such uses. CAPREF EP ANCHOR 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. The Community Development Director's review, advice, guidance, comments and determination of feasibility of any potential replacement use is not a recommendation for formal approval but advisory only. If the Redevelopment Uses identified in the Market Study are determined by CAPREF EP ANCHOR, in its commercially reasonable judgment, to not be feasible, CAPREF EP ANCHOR shall advise the City of this conclusion in writing, together with an explanation of why the proposed Redevelopment Uses are not feasible. CAPREF EP 2 CAPREF EDEN PRAIRIE ANCHOR BUILDING LLC Agreement/March 20, 2018 4846-1091-7470 ANCHOR may then proceed with marketing the Property which was subject to the Market Study to a new tenant including an existing tenant. CAPREF EP ANCHOR agrees that at all times the City retains its authority to review and, as appropriate, approve or deny any use or redevelopment plans brought forward by CAPREF EP ANCHOR based on state law and City code. B. In the event CAPREF EP shall fail to complete the Market Study as required herein, the City may elect to complete such Market Study and CAPREF EP ANCHOR shall be obligated to reimburse the City for the cost of such Market Study. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. 3 CAPREF EDEN PRAIRIE ANCHOR BUILDING LLC Agreement/March 20, 2018 4846-1091-7470 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 March, 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 4 CAPREF EDEN PRAIRIE ANCHOR BUILDING LLC Agreement/March 20, 2018 4846-1091-7470 CAPREF EDEN PRAIRIE ANCHOR BUILDING LLC By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of March, 2018, by , the , of CAPREF EDEN PRAIRIE ANCHOR BUILDING 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 5 CAPREF EDEN PRAIRIE ANCHOR BUILDING LLC Agreement/March 20, 2018 4846-1091-7470 EXHIBIT A Legal Description Lot 2, Block 1, Eden Prairie Center Addition 4836-8396-7071,v. 1 6 CAPREF EDEN PRAIRIE ANCHOR BUILDING LLC Agreement/March 20, 2018 4846-1091-7470 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing March 20,2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 18-01 ITEM NO.: Denise Christensen Vacation of a part of the Drainage &Utility IX.A. Public Works/Engineering Easement dedicated on Bluestem Hills 3rd Addition over Lot 1, Block 1. Requested Action Move to: • Close the public hearing; and • Adopt the resolution vacating a part of the Drainage &Utility Easement dedicated on BLUESTEM HILLS 3RD ADDITION over Lot 1, Block 1, Hennepin County, Minnesota. Said easement to be vacated is that part of the above described property described as follows: Commencing at the West corner of Lot 1, Block 1, Bluestem Hills 3rd Addition;thence North 28 degrees 28 minutes 05 seconds East along the northwesterly line of said Lot 1 a distance of 10.00 feet;thence South 63 degrees 51 minutes 06 seconds East a distance of 10.01 feet to the point of beginning of the land to be described; thence South 63 degrees 51 minutes 06 seconds East a distance of 90.44 feet to a line 25.00 feet northeasterly and parallel with the southwesterly line of said Lot 1;thence North 56 degrees 13 minutes 43 seconds West along said line a distance of 90.91 feet;thence North 28 degrees 28 minutes 05 seconds East a distance of 1.75 feet;thence South 33 degrees 36 minutes 47 seconds West a distance of 5.43 feet;thence South 31 degrees 46 minutes 01 second East a distance of 0.56 feet; thence South 28 degrees 28 minutes 05 seconds West a distance of 9.70 feet to the point of beginning Synopsis There has been a request to vacate a part of the drainage and utility easement dedicated over Lot 1, Block 1, on the plat of Bluestem Hills 3rd Addition. A portion of the deck and porch on the lot is encroaching into the platted easement. Upon review, Engineering Staff recommends that the part of the easement described above be vacated to eliminate the encroachment. Background Information The part of the drainage and utility easement to be vacated was originally dedicated with the plat of Bluestem Hills 3rd Addition. When the home was built on the lot, a porch and deck attached to the home was partly built in the easement. When the owners decided to sell the home, the encroachment was discovered and in order to clear the title on the lot, the encroachment needs to be eliminated. Engineering Staff has determined that the encroachment of the porch and deck has not caused drainage problems for neighboring home owners and there are no public utilities in the easement. An overlaying conservation easement was modified at the prior City Council meeting. The proposed drainage and utility easement vacation area coincides with the modified conservation easement Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- VACATION OF A PART OF THE DRAINAGE AND UTILITY EASEMENT AS DEDICATED ON THE PLAT OF BLUESTEM HILLS 3RD ADDITION OVER LOT 1, BLOCK 2, HENNEPIN COUNTY, MINNESOTA VACATION 18-01 WHEREAS, the City of Eden Prairie has a certain Drainage and Utility Easement described as follows: A part of the Drainage &Utility Easement dedicated on BLUESTEM HILLS 3RD ADDITION over Lot 1, Block 1, Hennepin County, Minnesota. Said easement to be vacated is that part of the above described property described as follows: Commencing at the West corner of Lot 1, Block 1, Bluestem Hills 3rd Addition; thence North 28 degrees 28 minutes 05 seconds East along the northwesterly line of said Lot 1 a distance of 10.00 feet; thence South 63 degrees 51 minutes 06 seconds East a distance of 10.01 feet to the point of beginning of the land to be described; thence South 63 degrees 51 minutes 06 seconds East a distance of 90.44 feet to a line 25.00 feet northeasterly and parallel with the southwesterly line of said Lot 1;thence North 56 degrees 13 minutes 43 seconds West along said line a distance of 90.91 feet; thence North 28 degrees 28 minutes 05 seconds East a distance of 1.75 feet; thence South 33 degrees 36 minutes 47 seconds West a distance of 5.43 feet; thence South 31 degrees 46 minutes 01 second East a distance of 0.56 feet; thence South 28 degrees 28 minutes 05 seconds West a distance of 9.70 feet to the point of beginning. WHEREAS, a Public Hearing was held on March 20, 2018, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above described Drainage and Utility Easement has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Drainage and Utility Easement is not necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Drainage and Utility Easement described above is hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on March 20, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk -f., G 4t. 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(-- VAC 1 8-0 1 NORTH LOCATION MAP . . . . . ii- r. i . • ii. lil - - t . . tie lel 2-16-2018 Tax ID: 2511622330052 Owner: M & N Cockson An easement for drainage and utility purposes to be vacated over,under and across the following descrit at property: Lot 1, Block 1,Bluestem Hills 3rd Addition,according to recorded the plat thereof, Hennepin County, Minnesota Said easement to be vacated is that part of the above described property described as follows: Commencing at the West corner of Lot 1, Block 1, Blues Hills 3rd Addition; thence North 28 degrees 28 minutes 05 seconds East along the northwesterly line of said Lot 1 a distance of 10.00 feet;thence South 63 degrees 51 minutes 06 seconds East a distance of 10.01 feet to the point of beginning of the land to be described;thence South 63 degrees 51 minutes 06 seconds East a distance of 90,44 feet to a line 25,00 feet northeasterly and parallel with the southwesterly line of said Lot 1; thence North 56 degrees 13 minutes 43 seconds West along said line a distance of 90.91 feet; thence North 28 degrees 28 minutes 05 seconds East a distance of 1,75 feet; thence South 33 degrees 36 minutes 47 seconds West a distance of 5,43 feet; thence South 31 degrees 46 minutes 01 second East a distance of 0,56 feet; thence South 28 degrees 28 minutes 05 seconds West a distance of 9,70 feet to the point of beginning. Contains: 618 sq. ft. +/- Detail No Scale l'a / / /4 A, / \ / --1' -.s. / , / ..e, z.)..5. aab / / ,,,,P P sly/ ,.,/ • 0) \ zo / \ N° \ .r) / / / / \ \...? IS*0 'r74i, 6111S,„ r.t. / / / \ / ti3c31;,..• \ 0., ,/..- .....- ...,,,, //` s"?; / ' ""). / ''s \ / c"' „§- IN i / N \ N / 1 N;,./ /..--———— / A / tz‘ / ..."%• 'N • 43 / / 11,/ / . . A'',4, "-a Na, \\\ 1 c' / 4) / 1. :3 l' : 447'4% sz 1 Q' % / 'eto \ */* i taa,- a ei N a. Nayaa s aa'N'as,„ A/4.4r*Neo .".... --, / (?)8,... '2/ / al ar, na t '4474e/. cl, • .... 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's, %.,.. corri'v, f ,,, -1 NNN G6** '—/ / SCALE IN FEET Naa,„ MINNESOTA CERTIFICATION , 0,°, 1, / --, ,, ;., I hereby certify that this survey,plan or report was prepared by me or under my direct supervision and that I Surveying am a duly Licensed Land Surveyor under the laws of the Engineering. State of Minnesota. Landscape Architecture ap Dated this 16th day of February,2018 HANSEN THORP PELLINEN OLSON, Inc. 7510 Moire Place arive,.Eden Prairie,MN 55344 sszazs-trros.952-825-7803W Paul A.Thorp Minnesota License No.13637 Project No. 87-287.1 SHEET 1 OF 1 VACATION 18-01 NOTICE OF VACATION OF A PART OF THE DRAINAGE AND UTILITY EASEMENT AS DEDICATED ON THE PLAT OF BLUESTEM HILLS 3RD ADDITION OVER LOT 1, BLOCK 1, HENNEPIN COUNTY, MINNESOTA Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on March 20, 2018 at 7:00 p.m. to hear all persons present upon the proposed vacation of the utility easement described as follows: An easement for drainage and utility purposes to be vacated over,under and across the following described property: Lot 1, Block 1, BLUESTEM HILLS 3RD ADDITION, according to recorded the plat thereof, Hennepin County, Minnesota Said easement to be vacated is that part of the above described property described as follows: Commencing at the West corner of Lot 1, Block 1, Bluestem Hills 3rd Addition; thence North 28 degrees 28 minutes 05 seconds East along the northwesterly line of said Lot 1 a distance of 10.00 feet; thence South 63 degrees 51 minutes 06 seconds East a distance of 10.01 feet to the point of beginning of the land to be described; thence South 63 degrees 51 minutes 06 seconds East a distance of 90.44 feet to a line 25.00 feet northeasterly and parallel with the southwesterly line of said Lot 1;thence North 56 degrees 13 minutes 43 seconds West along said line a distance of 90.91 feet; thence North 28 degrees 28 minutes 05 seconds East a distance of 1.75 feet; thence South 33 degrees 36 minutes 47 seconds West a distance of 5.43 feet; thence South 31 degrees 46 minutes 01 second East a distance of 0.56 feet; thence South 28 degrees 28 minutes 05 seconds West a distance of 9.70 feet to the point of beginning. Contains: 618 sq. ft. +- By Order of the City Council Published in the Eden Prairie News on March 1, 2018. NOTIFICATION LIST VACATION REQUEST 18-01 A copy of the Public Hearing Notice has been sent to owners of the following parcels: 25-116-22-33-0036 25-116-22-33-0037 25-116-22-33-0045 25-116-22-33-0052 25-116-22-33-0053 25-116-22-33-0054 A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy Century Link Communications Comcast Cable Xcel Energy CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims March 20, 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 259141 —259356 Wire Transfers 1019295 - 1019387 Wire Transfers 6495 - 6515 City of Eden Prairie Council Check Summary 3/20/2018 Division Amount Division Amount 19,488 308 E-911 489 101 Legislative 24,355 315 Economic Development 5,589 111 Customer Service 5,829 445 Cable PEG 6,319 112 Human Resources 20 502 Park Development 5,261 113 Communications 11,172 509 CIP Fund 10,471 114 Benefits&Training 1,858 522 Improvement Projects 2006 8,582 131 Finance 1,299 527 CIP-Leasing Costs 723 132 Housing and Community Services 130 532 EP Road Connect Flying Cloud 39,396 133 Planning 9,920 804 100 Year History 165 136 Public Safety Communications 2,421 Total Capital Projects Fund 76,994 151 Park Maintenance 11,570 153 Organized Athletics 3,290 601 Prairie Village Liquor 87,769 154 Community Center 19,241 602 Den Road Liquor 181,067 156 Youth Programs 4,751 603 Prairie View Liquor 122,316 158 Senior Center 743 605 Den Road Building 2,225 159 Recreation Administration 22,600 701 Water Enterprise Fund 96,620 162 Arts 4,746 702 Wastewater Enterprise Fund 6,046 163 Outdoor Center 1,341 703 Stormwater Enterprise Fund 2,897 180 Police 51,490 Total Enterprise Fund 498,940 184 Fire 1,292 186 Inspections 1,152 316 WAFTA 925 200 Engineering 1,702 802 494 Commuter Services 852 201 Street Maintenance 17,884 803 Escrow Fund 32,963 202 Street Lighting 715 806 SAC Agency Fund 504,455 Total General Fund 219,010 807 Benefits Fund 484,180 811 Property Insurance 1,619 301 CDBG 13,905 812 Fleet Internal Service 70,331 303 Cemetary Operation 416 813 IT Internal Service 78,526 312 Recycle Rebate 140 815 Facilites Operating ISF 42,891 Total Special Revenue Fund 14,461 816 Facilites City Center ISF 78,341 817 Facilites Comm.Center ISF 99,230 434 2008A Capital Equipment Notes 200 Total Internal Svc/Agency Funds 1,394,313 435 2008B G.O.Improvement Bonds 600 437 G.O.Perm.Improv.2010A 200 Total Report 2,205,917 439 G.O.Refunding Bonds 2011C 200 440 GO Perm Impr Ref Bonds 2011D 200 441 2012A G.O.Refunding Bonds 200 442 2012B G.O.Refund Capital Imp 200 443 2012C GO Perm Impr Ref Bonds 200 446 2014A G.O.TAX ABATEMENT BONDS 200 Total Debt Service Fund 2,200 City of Eden Prairie Council Check Register by GL 3/20/2018 Check# Amount Supplier/Explanation Account Description Business Unit Comments 259304 499,410 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund Feb 2018 SAC Charges 6515 245,380 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll taxes PR ending 03.02.18 6511 167,524 PUBLIC EMPLOYEES RETIREMENT ASSOCIATIi PERA Health and Benefits PERA PR ending 02.16.18 1019338 104,350 XCEL ENERGY Electric Street Lighting Electric billing various locations 6509 100,791 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales Tax Feb 2018 259237 55,247 XIGENT SOLUTIONS LLC Other Contracted Services IT Capital 1019320 54,173 CENTERPOINT ENERGY Gas Water Treatment 259178 50,117 EDEN PRAIRIE SCHOOL CAM School City Hall-CAM 259198 41,986 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 259166 35,000 CORNERSTONE ADVOCACY SERVICE Other Contracted Services Police 1019332 30,773 SRF CONSULTING GROUP INC Design&Engineering EP Rd Connect to Flying Cloud 259294 27,060 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 1019364 26,595 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 6512 25,544 EMPOWER Deferred Compensation Health and Benefits 259268 21,814 EDEN PRAIRIE HOCKEY ASSOCIATION Deposits Gambling Receipts 1% 259195 21,475 I-494 CORRIDOR COMMISSION TREASURER Dues&Subscriptions City Council 259197 19,395 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 259205 18,955 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 6513 18,931 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 259224 18,888 SOUTHERN GLAZER'S WINE AND SPIRITS OF IV Liquor Product Received Den Road Liquor Store 259289 16,296 HOUSE OF PRINT Printing Community Brochure 259333 16,094 SOUTHERN GLAZER'S WINE AND SPIRITS OF IV Liquor Product Received Prairie Village Liquor Store 259303 15,841 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 259250 14,195 BREAKTHRU BEVERAGE MINNESOTA WINE& Liquor Product Received Prairie Village Liquor Store 259299 13,775 LANDMARK REMODELING LLC Other Contracted Services Rehab 259354 13,656 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 259355 13,642 PRAIRIEVIEW RETAIL LLC Licenses,Taxes,Fees Prairie View Liquor Store 259189 13,198 GRAYMONT Treatment Chemicals Water Treatment 259155 12,290 BREAKTHRU BEVERAGE MINNESOTA WINE& Liquor Product Received Den Road Liquor Store 1019325 11,734 HANSEN THORP PELLINEN OLSON Design&Engineering Park Acquisition&Development 259255 11,494 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 6504 11,284 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 6500 10,598 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 6510 10,285 SELECT ACCOUNT HSA-Employer Health and Benefits 259343 9,920 TWO PINES RESOURCE GROUP LLC Other Contracted Services Heritage Preservation 1019374 9,892 KUSTOM SIGNALS INC Capital Under$25,000 Police 259319 9,592 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 259153 9,150 BRANDL ANDERSON HOMES INC. Deposits Escrow 259290 9,083 HP INC Computers IT Operating 259154 8,709 BREAKTHRU BEVERAGE MINNESOTA BEER LI Liquor Product Received Prairie View Liquor Store 1019344 8,623 BRAUN INTERTEC CORPORATION Testing EP Rd Connect to Flying Cloud 259209 8,246 MN DEPT TRANSPORTATION Design&Engineering Improvement Projects 2006 Check# Amount Supplier/Explanation Account Description Business Unit Comments 259215 8,119 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 259278 8,097 GENERAL OFFICE PRODUCTS COMPANY Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 259157 7,887 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 259147 7,455 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 259323 6,864 PRINT SOURCE MINNESOTA Advertising Prairie Village Liquor Store 1019376 6,825 METRO SALES INCORPORATED* Other Rentals IT Operating 6507 6,785 SELECT ACCOUNT FSA-Dependent Care Health and Benefits 259293 6,695 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 259331 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 1019379 6,368 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Traffic Signals 1019342 6,319 AVI SYSTEMS INC Other Contracted Services Cable PEG 259141 6,304 UNITED STATES POSTAL SERVICE Postage Community Brochure 259249 5,838 BREAKTHRU BEVERAGE MINNESOTA BEER LI Liquor Product Received Prairie Village Liquor Store 259175 5,833 EARL F ANDERSEN INC Signs Traffic Signs 6498 5,255 SELECT ACCOUNT HRA Health and Benefits 1019371 5,207 HAWKINS INC Treatment Chemicals Water Treatment 1019370 5,137 HANSEN THORP PELLINEN OLSON Other Contracted Services Capital Maint.&Reinvestment 259346 5,040 VAISALA Software Maintenance IT Operating 1019317 4,759 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM 1019362 4,546 CENTERPOINT ENERGY Gas Prairie View Liquor Store 259316 4,500 MUELLER CO Equipment Parts Water Metering 259279 4,414 GRAYMONT Treatment Chemicals Water Treatment 259322 4,302 POSTMASTER Postage Communications 1019319 4,203 BOYER TRUCKS Equipment Repair&Maint Fleet Operating 259310 4,156 MINTAHOE INC Other Contracted Services Special Events&Trips 1019318 4,092 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 259171 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOP]Interest Economic Development Fund 1019333 3,920 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply(Wells) 259180 3,895 EMERGENCY AUTOMOTIVE TECHNOLOGY IN(Autos Fleet-Police 259275 3,812 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 1019315 3,741 VAN PAPER COMPANY Cleaning Supplies City Hall-Direct Costs 259328 3,675 RAINBOW TREECARE Other Contracted Services Tree Removal 6502 3,629 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 259243 3,550 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1019363 3,499 DAKOTA SUPPLY GROUP INC Merchandise for Resale Water Metering 259318 3,420 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1019358 3,402 ADVANCED ENGINEERING&ENVIRONMENTA Other Contracted Services Wastewater Capital 1019347 3,341 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 259267 3,290 EDEN PRAIRIE BASEBALL ASSN Miscellaneous Athletic Programs Admin 259329 3,115 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Hall-CAM 259321 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 259235 2,971 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 259265 2,892 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 259252 2,890 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Sfty City Hall-CAM 259193 2,889 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 259338 2,880 SUBURBAN RATE AUTHORITY Dues&Subscriptions City Council Check# Amount Supplier/Explanation Account Description Business Unit Comments 1019330 2,698 POMP'S TIRE SERVICE INC Equipment Repair&Maint Fleet Operating 259330 2,655 RETROFIT COMPANIES,INC,THE Supplies-Electrical City Hall-CAM 259334 2,600 SPRINGSTED INCORPORATED Other Contracted Services 2009BG.O.Equipment Cert. 6505 2,578 AMERICAN EXPRESS Bank and Service Charges Prairie View Liquor Store 1019334 2,525 STREICHERS Clothing&Uniforms Police 6499 2,519 SELECT ACCOUNT FSA-Dependent Care Health and Benefits 1019360 2,484 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1019355 2,455 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 259214 2,415 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 1019316 2,407 VINOCOPIA Liquor Product Received Den Road Liquor Store 1019337 2,382 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 259281 2,172 GYM WORKS Equipment Repair&Maint Fitness Center 259203 2,100 LUBE-TECH&PARTNERS LLC Lubricants&Additives Fleet Operating 1019387 2,045 DLT SOLUTIONS INC. Software Maintenance IT Operating 259288 2,032 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1019356 1,981 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1019328 1,963 MINNESOTA EQUIPMENT Equipment Parts Park Maintenance 1019367 1,914 FILTRATION SYSTEMS Supplies-HVAC City Hall-CAM 1019348 1,837 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 1019306 1,816 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 259271 1,791 EMERGENCY AUTOMOTIVE TECHNOLOGY IN(Autos Fleet-Police 259257 1,729 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 6508 1,717 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 1019372 1,695 J&D WINDOW CLEANING Contract Svcs-Electrical City Hall-CAM 259342 1,627 TKO WINES,INC Liquor Product Received Prairie Village Liquor Store 259210 1,620 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 259261 1,619 COUNTRYSIDE COLLISION CENTER Insurance Property Insurance 259181 1,610 ERICKSON ENGINEERING COMPANY LLC Design&Engineering Engineering 259234 1,590 WELSH COMPANIES Other Contracted Services City Center Operations 259308 1,532 MINNESOTA SAFETY SERVICES LLC Other Contracted Services Pool Operations 259233 1,500 WATERSHED PARTNERS Dues&Subscriptions Stormwater Non-Capital 259298 1,422 KRIS ENGINEERING INC Equipment Parts Fleet Operating 259287 1,344 HIGHWAY 5 BP Equipment Repair&Maint Police 1019386 1,337 ZIEGLER INC Equipment Parts Fleet-Park&Rec 259295 1,303 JOHNSON MARIA L Miscellaneous Water Enterprise Fund 1019361 1,288 BOYER TRUCKS Equipment Repair&Maint Fleet Operating 1019384 1,259 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 6497 1,242 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits 259200 1,202 KRIS ENGINEERING INC Equipment Parts Fleet Operating 259245 1,189 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 259227 1,170 STATE OF MINNESOTA Licenses,Taxes,Fees Fleet Operating 259351 1,152 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 259280 1,141 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 259149 1,135 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 1019345 1,131 FASTENAL COMPANY Equipment Parts Fleet Operating 259313 1,103 MN HELICOPTERS INC Other Contracted Services Deer Consultant Check# Amount Supplier/Explanation Account Description Business Unit Comments 1019385 1,070 XCEL ENERGY Electric Forest Hills Park 259196 1,063 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1019346 1,045 FLEETPRIDE INC Equipment Parts Fleet Operating 259256 1,036 CENTURYLINK Telephone IT Operating 259284 999 HEALTHPARTNERS Employment Support Test Organizational Services 259291 995 IACP Conference/Training Police 259350 993 VIDEOTRONIX INC Equipment Repair&Maint Public Safety Communications 259292 937 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 259300 925 LEAGUE MN CITIES INS TRUST Insurance WAFTA 259145 910 AIRGAS USA LLC Supplies-Pool Pool Maintenance 1019366 907 FERRELLGAS Gas Outdoor Center 1019335 905 WATSON CO INC,THE Merchandise for Resale Concessions 1019301 889 BERRY COFFEE COMPANY Merchandise for Resale Concessions 259156 854 BUSCH BROTHERS MACHINING INC Equipment Parts Water Treatment 259201 852 LEAGUE MN CITIES INS TRUST Deposits 494 Corridor Commission 1019327 850 METRO SALES INCORPORATED* Equipment Rentals IT Operating 259253 846 BULLIG&SONS INC Outside Water Sales Escrow 259230 815 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1019331 814 SHI CORP Software Maintenance IT Operating 259143 807 ABLE HOSE&RUBBER INC Equipment Parts Water Treatment 259297 800 KENT MEGHAN Other Contracted Services Winter Theatre 259349 800 VERLEY,TARYN Other Contracted Services Winter Theatre 1019340 783 ALBERS,JASON Tuition Reimbursement/School Organizational Services 259204 774 MACQUEEN EQUIPMENT INC Equipment Parts Stormwater Collection 1019339 768 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Utility Operations-General 1019324 749 GRAINGER Cleaning Supplies Water Distribution 259341 743 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 259246 720 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 259339 718 SUMMIT COMMERCIAL FACILITIES GROUP Contract Svcs-Garden Romm Garden Room Repairs 6514 716 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 259146 715 AQUA LOGIC INC Supplies-Pool Pool Maintenance 259301 700 LEIGH SARAH Other Contracted Services Winter Theatre 259344 680 UNIVERSITY OF MINNESOTA Conference/Training Park Maintenance 259191 680 HENNEPIN COUNTY I/T DEPT Equipment Repair&Maint Public Safety Communications 259161 635 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 259314 630 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 259325 600 PROBALL ANDREW Other Contracted Services Winter Theatre 259177 580 EDEN PRAIRIE FOUNDATION Deferred Revenue General Fund 259152 577 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 6506 560 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 259241 540 ABRA AUTO BODY&GLASS Equipment Repair&Maint Fleet Operating 1019321 536 DAIKIN APPLIED Contract Svcs-HVAC City Hall-CAM 259176 533 EDEN PRAIRIE COMMUNITY EDUCATION Instructor Service Senior Center Programs 1019326 530 MENARDS Safety Supplies Street Maintenance 259305 528 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Prairie Village Liquor Store 259273 525 FINLEY BROS INC Outside Water Sales Escrow Check# Amount Supplier/Explanation Account Description Business Unit Comments 259179 522 EHLERS&ASSOCIATES INC Conference/Training Finance 259219 516 REACH COMPANIES LLC Merchandise for Resale Concessions 1019309 508 MINNESOTA NATIVE LANDSCAPES Capital Under$25,000 Stormwater Non-Capital 259326 500 PROBALL KATIE Other Contracted Services Winter Theatre 259347 495 VERDIN COMPANY THE Repair&Maint. Supplies Water Storage 259327 481 PRODUCT DEVELOPMENT MACHINE INC Liquor Product Received Den Road Liquor Store 259158 468 CARLOS CREEK WINERY Liquor Product Received Den Road Liquor Store 259182 456 FASTSIGNS Other Contracted Services Fire 1019378 453 NORCOSTCO Clothing&Uniforms Winter Theatre 259150 441 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 259266 434 EARL F ANDERSEN INC Signs Traffic Signs 259311 430 MINVALCO INC Supplies-Electrical City Hall-CAM 259270 401 EHLERS&ASSOCIATES INC Other Contracted Services Escrow 259263 400 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 259282 400 HAYEN,LINDA Other Contracted Services Winter Theatre 259353 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 1019365 384 FACTORY MOTOR PARTS COMPANY Lubricants&Additives Fleet Operating 1019304 382 CARLSTON,BRANDON Operating Supplies Police 1019329 380 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 259216 377 PIRTEK BURNSVILLE Equipment Parts Fleet Operating 259352 375 XIGENT SOLUTIONS LLC Other Contracted Services IT Operating 1019359 373 AMERICAN TIME&SIGNAL CO Supplies-General Bldg Pool Maintenance 259269 370 EDINA,CITY OF Other Contracted Services Communications 259206 358 MINNESOTA AIR INC Supplies-HVAC Public Works/Parks 259167 355 CROP PRODUCTION SERVICES Chemicals Park Maintenance 259148 351 AUTOWASH SYSTEMS INC Equipment Repair&Maint Fleet Operating 259221 350 SARAH PIERCE PHOTOGRAPHY Other Contracted Services Special Events&Trips 259309 338 MINNESOTA VALLEY ELECTRIC COOPERATIV Electric Traffic Signals 1019357 336 WSB&ASSOCIATES INC Design&Engineering Improvement Projects 2006 1019341 328 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 259260 323 CONTINENTAL SAFETY EQUIPMENT Repair&Maint-Ice Rink Ice Arena Maintenance 1019375 320 MENARDS Small Tools Traffic Signs 6503 319 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 259356 318 SCOTT COUNTY SHERIFF'S OFFICE Deposits Escrow 6496 309 US BANK-PAYMODE Bank and Service Charges Finance 259283 308 HAYEN,LINDA Operating Supplies Winter Theatre 1019351 299 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 259170 293 DELEGARD TOOL CO Small Tools Fleet Operating 259254 288 CANNON RIVER WINERY Liquor Product Received Prairie Village Liquor Store 259296 287 KAISER MANUFACTURING INC Repair&Maint-Ice Rink Ice Arena Maintenance 259220 268 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store 259159 264 CENTURYLINK Telephone E-911 Program 259231 264 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 259264 262 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1019312 261 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1019343 257 BERRY COFFEE COMPANY Merchandise for Resale Concessions Check# Amount Supplier/Explanation Account Description Business Unit Comments 1019300 256 BATTERIES PLUS Equipment Repair&Maint Public Safety Communications 1019350 256 PROSOURCE SUPPLY Supplies-General Bldg Fitness/Conference-Cmty Ctr 1019313 255 R&R SPECIALTIES OF WISCONSIN INC Contract Svcs-Ice Rink Ice Arena Maintenance 259251 253 BROCK WHITE COMPANY LLC Small Tools Street Maintenance 1019380 247 SHI CORP Software Finance 259242 245 ACADEMY OF RUSSIAN BALLET Instructor Service Preschool Events 259190 243 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 259226 230 STAPLES ADVANTAGE Office Supplies Customer Service 6495 226 VANCO SERVICES Bank and Service Charges Wastewater Accounting 259199 220 KEEPRS INC. Clothing&Uniforms Fire 1019369 216 GRAINGER Cleaning Supplies Utility Operations-General 259144 209 ABRA AUTO BODY&GLASS Equipment Repair&Maint Fleet Operating 1019305 204 FASTENAL COMPANY Equipment Parts Fleet Operating 259248 195 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 259229 194 SUNBURST CHEMICALS INC Cleaning Supplies Garden Room Repairs 259225 190 SPEEDPRO IMAGING INC Operating Supplies Ice Operations 259228 186 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 259315 185 MUEHLBAUER,THOMAS G Other Contracted Services Community Band 259247 182 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 1019336 178 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Operating 259312 170 MN DEPT OF TRANSPORTATION Equipment Repair&Maint Traffic Signals 259174 169 E A SWEEN COMPANY Merchandise for Resale Concessions 259184 165 FIRE SAFETY USA INC Small Tools Fire 1019383 160 STREICHERS Clothing&Uniforms Police 259207 160 MINNESOTA CHIEFS OF POLICE ASSOC Printing Police 259162 156 COMCAST Equipment Repair&Maint E-911 Program 259272 150 ENKI BREWING COMPANY INC Liquor Product Received Prairie View Liquor Store 259345 143 UNIVERSITY OF MINNESOTA,VMC Canine Supplies Police 259324 140 PRINTING ENTERPRISES INC Printing Recycle Rebate 259194 137 HOME DEPOT CREDIT SERVICES Supplies-Plumbing Riley House 1019352 133 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 259222 125 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 259169 123 DALCO Janitor Service City Center Operations 259348 120 VERIZON WIRELESS Telephone E-911 Program 259239 120 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1019298 118 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 259164 112 COMCAST Cable TV Fire 259173 108 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 259188 106 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 1019377 106 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 259302 104 LUBE-TECH ESI Equipment Repair&Maint Fleet Operating 259276 103 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 259223 100 SCW WIM INC Licenses,Taxes,Fees Fitness Classes 259236 100 WYCOFF MATT&SHELLEY Rebates Water Conservation 259244 100 ATKINSON,THOMAS D Rebates Water Conservation 259337 100 STATE OF MINNESOTA DEPT OF PUBLIC SAFE.]Licenses,Taxes,Fees Fitness/Conference-Cmty Ctr Check# Amount Supplier/Explanation Account Description Business Unit Comments 259340 100 SWANSON CHRIS Rebates Water Conservation 259172 97 DIRECTV Other Contracted Services Police 259332 96 SHRED RIGHT Waste Disposal City Center Operations 1019323 95 GINA MARIAS INC Operating Supplies Police 1019296 95 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Outdoor Center Facilities 1019299 95 AUSTIN,CHARLENE Tuition Reimbursement/School Fitness Classes 259240 93 ABLE SEEDHOUSE AND BREWERY Liquor Product Received Den Road Liquor Store 1019354 93 TOLL GAS AND WELDING SUPPLY Repair&Maint. Supplies Utility Operations-General 1019322 92 FEDEX Postage Engineering 1019302 90 BOHNSACK,SUE Mileage&Parking Senior Center Admin 259317 89 PAPCO INC Janitor Service Fitness/Conference-Cmty Ctr 1019303 85 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 259286 84 HENNEPIN COUNTY TREASURER Licenses,Taxes,Fees Garden Room Repairs 259208 80 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 6501 79 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture 1019311 79 PARK SUPPLY OF AMERICA INC Supplies-Plumbing City Hall-CAM 259160 78 CINTAS CORPORATION Safety Supplies Community Center Admin 259285 76 HENNEPIN COUNTY MEDICAL CENTER Other Contracted Services Organizational Services 1019353 75 STOVRING,LESLIE Mileage&Parking Stormwater Non-Capital 259212 74 NAVARRO,LEON Mileage&Parking Facilities Staff 1019310 73 MPX GROUP,THE Printing Police 259192 72 HILLSIDE CHURCH Other Contracted Services Pool Operations 259151 70 BLUE TARP FINANCIAL INC Landscape Materials/Supp Street Maintenance 1019307 68 JOHNSON,PHILLIP Operating Supplies Police 259218 66 POWER UP PRODUCTS LLC Merchandise for Resale Concessions 259142 64 A TO Z RENTAL CENTER Landscape Materials/Supp Street Maintenance 259320 61 PIRTEK PLYMOUTH Equipment Repair&Maint Water Distribution 259185 60 FREEVEND TECHNICAL SERVICES Repair&Maint. Supplies Concessions 1019349 60 MPX GROUP,THE Printing Police 1019368 56 GINA MARIAS INC Operating Supplies Reserves 259163 53 COMCAST Internet IT Operating 1019373 53 JANEX INC Janitor Service Fitness/Conference-Cmty Ctr 259183 50 FBI-LEEDA Dues&Subscriptions Police 259211 50 MPPOA Dues&Subscriptions Police 259277 50 GALLS LLC Operating Supplies Police 259232 49 VAGHELA ALPESH Rebates Water Conservation 1019314 48 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 259165 44 COMCAST Cable TV Fire 259262 44 DALCO Janitor Service City Hall-CAM 1019381 42 SPRINT Pager&Cell Phone IT Operating 259168 37 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 259217 35 PLEAA Dues&Subscriptions Police 1019308 35 KIRCHBERG KIRA Tuition Reimbursement/School Fitness Classes 1019382 29 SPRINT Pager&Cell Phone IT Operating 259258 27 COMCAST Other Contracted Services Police 259213 27 NGUYEN FAMILY INC/DBA LOTUS NAILS SPA Den Road Bldg-Tenant#1 Lotus Den Bldg.-CAM Check# Amount Supplier/Explanation Account Description Business Unit Comments 259187 27 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Bldg Fitness/Conference-Cinty Ctr 259274 25 FIRE SAFETY USA INC Small Tools Fire 259306 23 MINNESOTA DEPT OF HEALTH Licenses,Taxes,Fees Water Treatment 259307 23 MINNESOTA DEPT OF HEALTH Licenses,Taxes,Fees Water Treatment 259336 22 STATE OF MINNESOTA Licenses,Taxes,Fees Fleet Operating 259335 21 STATE OF MINNESOTA Licenses,Taxes,Fees Fleet Operating 1019297 20 AMERICAN SOLUTIONS FOR BUSINESS Operating Supplies Community Center Admin 259202 20 LEAGUE OF MINNESOTA CITIES Conference/Training Human Resources 259186 20 GALLS LLC Clothing&Uniforms Police 259259 7 COMCAST Cable TV Fire 259238 7 A TO Z RENTAL CENTER Repair&Maint. Supplies Fire 2,205,917 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Reports of Council Members March 20, 2018 DEPARTMENT ITEM DESCRIPTION: ITEM NO.: XIV.A.1. Office of the City Manager Resolution Supporting the"National Mayor's Challenge for Water Conservation" Requested Action Move to: Adopt the resolution supporting the National Mayor's Challenge for Water Conservation. Synopsis The attached resolution is a commitment from the City of Eden Prairie to once again support water conservation efforts by encouraging residents to participate in the Mayor's Challenge for Water Conservation from April 1 to April 30, 2018. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018-45 RESOLUTION SUPPORTING THE "NATIONAL MAYOR'S CHALLENGE FOR WATER CONSERVATION" WHEREAS, the City of Eden Prairie continues to explore ways to manage residential consumption of water and power, and to inspire its residents to care for our natural resources; and WHEREAS, the City of Eden Prairie can engage in efforts to inspire its residents to become better environmental stewards; and WHEREAS, the seventh annual National Mayor's Challenge for Water Conservation presented by the Wyland Foundation and Toyota, is a healthy, non-profit competition for cleaner communities and a water use and pollution reduction competition between our cities; and WHEREAS, with the encouragement of their Mayors, residents may register their participation in their city's Challenge online by making simple pledges to decrease their water use and to reduce pollution for the period of one year, thereby assisting their cities to apply State and Federal water conservation strategies and to target mandated reductions; and WHEREAS, from April 1 to April 30, 2018, the City of Eden Prairie wishes to encourage its residents to take the "Wyland Mayor's Challenge for Water Conservation"by making a series of online pledges at mywaterpledge.com to reduce their impact on the environment and to see immediate savings in their water, trash and energy bills; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie: I. The City of Eden Prairie agrees with and supports the "Wyland Mayor's Challenge for Water Conservation." II. The program is to be implemented from April 1 to April 30, 2018, through a series of communication and outreach strategies to encourage Eden Prairie residents to take the conservation challenge. ADOPTED by the Eden Prairie City Council on this 20th day of March, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Report of Parks & Recreation Director March 20, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Matt Bourne, Parks and Overview of Emerald Ash Borer XIV.D.1. Natural Resources Manager, Management Plan and Award Contract for Parks and Recreation Treatment of Ash Trees to Rainbow Treecare Requested Action Move to: Accept the proposals and authorize entering into a contract with Rainbow Treecare for the Treatment of Ash Trees on City Property over the next three years at a total cost not to exceed $63,870.60. Synopsis As part of the updated Emerald Ash Borer Management Plan, staff is proposing to chemically treat approximately 1054 ash trees located on City property. The proposed ash trees would be treated over a three-year treatment period, with approximately 1/3 being treated every year. Background Staff has been closely monitoring the spread of emerald ash borer since it was first discovered in St. Paul in 2009. With the discovery of EAB in Eden Prairie in 2017, staff is recommending more active management strategies to slow and minimize the impacts of the pest. By using a strategic management plan of both treatment and removal, the City can spread the cost, environmental impacts, and liabilities associated with EAB over a longer period of time. The goal of the proposed management plan is to protect large, high quality, well placed ash trees through chemical treatment while removing smaller and lesser quality trees and replacing them with a more diverse urban forest. Attachments EAB Management Plan Proposal from Rainbow Treecare The City of Eden Prairie Emerald Ash Borer Management Plan Date Adopted: Last Reviewed: EDEN PRAIRIE LIVE•WORK.CREAM Wage The City of Eden Prairie Emerald Ash Borer Management Plan ACKNOWLEDGEMENTS Mayor Nancy Tyra-Lukens City Council Brad Aho Sherry Butcher Wickstrom Ron Case Kathy Nelson Parks, Recreation and Natural Resources Commission Members Cecilia Cervantes Patrice Erickson Donald Jacobson Larry Link Debra McBride Matt Pellowski Leonard Pesheck John Rahman Kirk Spresser City Staff Jay Lotthammer, Parks and Recreation Director Matt Bourne, Parks and Natural Resources Manager Jacob Busiahn, Forestry and Natural Resources Specialist Wage Table of Contents -able of Contents What is Emerald Ash Borer? 4 Executive Summary 5 Current Extent of Infestation in the Metro 6 Current Extent of Infestation in Eden Prairie 6 Plan Administration 6 Eden Prairie Ash Population 6 Ash Mortality Curve 7 Benefits provided by Trees 7 EAB Management Strategy 9 Potential Effects of Herd Immunity 10 Ash Tree Conservation (chemical treatment) 10 Treatment Protocols 11 Pesticide Safety 12 Overview of Ash Management Options 12 Ash Tree Treatment Criteria 13 Resident Treatment of Public Ash Trees 13 Ash Tree Removals 13 Replanting 14 Public Education and Outreach 15 Disease Tree Program 16 Management in natural areas 16 Budget Impacts and Ash Population Summary 16 Definitions 19 Wage What is Emerald Ash Borer? Emerald ash borer(EAB),Agrilus planipennis Fairmaire, is an exotic beetle that was discovered in southeastern Michigan near Detroit in the summer of 2002.The adult beetles nibble on ash foliage but cause little damage.The larvae (the immature stage)feed on the inner bark of ash trees, disrupting the tree's ability to transport water and nutrients. Emerald ash borer probably arrived in the United States on solid wood packing material carried in cargo ships or airplanes originating in its native Asia. As of August 2017, it was found in 31 states and the Canadian provinces of Ontario and Quebec. Since its discovery, EAB has: • Killed hundreds of millions of ash trees in North America. • Caused regulatory agencies and the USDA to enforce quarantines and fines to prevent potentially infested ash trees, logs or hardwood firewood from moving out of areas where EAB occurs. • Cost municipalities, property owners, nursery operators and forest products industries hundreds of millions of dollars. tr a. ._ e � �dr ,4 A 1 t, l €• Nor,Iv '} r !F � Cf'AY rfI:i ar I ' / r 4' .4 Ash trees before and after Emerald Ash Borer infestation, Toledo, OH 2006-2009(Credit:Dan Herms, OSU) 446 'Iti.,,,N1Q t!,,i, .i,..4'i.,, ,4* .; ..,1, . .,. ' .tc:-44 ..04 taf,:t., - r or.... li i;..,-:.;, tdp':IN' '.ii'lli . i -. , -i., P., Street in St.Paul,MN,before-after EAB(Credit:Unknown) Wage Executive Summary Once EAB establishes in a community, its population roughly doubles each year, as does the number of ash trees killed. When all of the unprotected ash in an area are dead, which is EAB's food source, its population crashes and is sustained at lower levels into the future. Based on other states who have experienced this EAB wave, unmanaged this takes about 8-10 years.Through integrated management, EAB's impacts can be spread out over a much longer period of time-allowing for a smoother transition from a canopy of mature ash trees to different tree species, and preserving many ash into the future. Below are some takeaways from this management plan. • EAB will cost the City a significant amount of money regardless of what management strategy is taken-see 'Budget Impacts/Management Costs'. • All unprotected ash trees will succumb to EAB in an estimated 8-10 years. • A trunk injection of emamectin benzoate (chemical treatment) has proven to protect an ash tree from EAB for 2-3 years. • An estimated 50,000 ash trees are in Eden Prairie on maintained property. 3,164 of those are on maintained City property and will need to either be chemically treated or removed.Ash is the second most common tree species in maintained areas within the City, spruce being the most common (see Appendix B for map of maintained public ash trees). o 906 ash trees are in City parks. o 1,295 ash trees are in City right-of-way(street trees). o 963 ash trees are in natural areas and within falling distance of a trail. • All management of EAB (tree removals, planting, and treatments) will be in addition to the City's typical workload of tree removals, planting, and pruning. Overview of City's Management Strategy • Preserve (treat) ash trees which are 12"+, healthy, and well placed. o Approximately 751 ash will be protected long term and 212 short term. ■ Refer to "Overview of Ash Management Options" section below for definitions of'short' and 'long'term treatments. • Remove and replace all unprotected ash trees over the next 7-12 years. o Approximately 2114 ash trees will be removed and 3171 trees will be replanted (replanting at 1.5X what is removed). Replanting with a diverse pallet of species (avoiding spruce, maple, apple, and other species currently significant in our urban forest). o Encourage residents to protect healthy ash trees on private property and replace any removed trees with forest diversity in mind. o Enforce Disease Tree Ordinance (Section 9.70)when and where applicable. o Review/update landscaping standards for construction in regards to tree diversity and installation specifications. This strategic plan will help the City reduce and distribute the costs, environmental impacts, and liabilities associated with EAB over a longer period of time; and will lessen the social and economic 51P impacts on the quality of life in the City. It is intended to demonstrate leadership in our community, rather than inaction or total reaction. Current Extent of Infestation in the Metro EAB was first identified in St. Paul, MN in May of 2009.The EAB population has been building in the metro, and throughout other areas of Minnesota since that point.As of December 27, 2017, 16 counties in Minnesota have been quarantined by the Minnesota Department of Agriculture for EAB. Current Extent of Infestation in Eden Prairie EAB was confirmed in Eden Prairie in April of 2017 in the area of Shady Oak Road and Highway 212.The trees identified were estimated to be infested for 2-3 years prior to being found. Infested ash trees continue to be found in this area, and removed. It can be expected that the infestation will build from this point and likely show up in other satellite infestations around the City in the next few years. See Appendix C and D for maps of currently infested areas in Eden Prairie and around the state. Plan Administration Primarily,the City's Parks and Natural Resources Department, in collaboration with other city departments, will be responsible for implementing this EAB Plan.The City's Parks and Natural Resources Manager along with lead forestry staff will monitor the plan implementation, report back to City Council and make recommendations for changes to the plan as new research emerges for managing EAB. Eden Prairie Ash Population Of the estimated 358,000 total trees in maintained areas in the City, over 50,000 are ash trees. On City property, we have about 3164 ash trees* within maintained areas.This means the majority of ash trees are on private property, with some neighborhoods being essentially a monoculture of mature ash. Species composition for all trees in maintained areas within the City of Eden Prairie. Source:2010 MNDNR Community Tree Survey.See Appendix A for details. U Imus Elm),2.3% Plcea(Spruce),25.6% Populus(Poplar),2.5%N e_ Tilia(Basswood),2.5%�/ f E [Warms(Dakl,3.7%---�_ Pinus iPine),5.0% IIIIIIN, Fraainus(Ash(,19.1% iliph.,,,,‘ Betu Ea(Birch},5.1% N. 'N. Malus`Apple],11.0% Am(Ma0s),13.7% Wage *The ash tree inventory of public property includes all ash within a mowed/maintained area and those adjacent to trails which need to be removed. It does not include ash in public conservation areas adjacent to private property(mostly in private back yards), or other ash in unmaintained areas. Ash Mortality Curve In North America, regions that have experienced EAB have shown essentially all ash trees Ash on Maintained not chemically treated were killed. In areas where there was minimal proactive Public Property management, EAB populations (and tree mortality) have roughly doubled each year until Est.#ash to it exhausts their food supply-untreated ash.This means once EAB establishes in a Year remove/yr community it can be expected in 8-10 years all ash will be dead or dying. During the first v 12 32 14 3-4 years after infestation,the likelihood of detection is very low which has given most 3 63 communities 4-6 years to remove all of their ash trees, with about 70%of the removals 4 127 occurring in the last two years.The initial infestation identified in Eden Prairie likely z 5 253 began sometime in 2014-2016. Gone unmanaged,the table to the right shows projected 6 506 ash tree removals per year-removing over 2,100 trees in year 7-8 of the infestation.This 7 1,012 mortality curve leaves little options rather than to quickly remove all ash trees, often 8 1,157 resulting in an overwhelming workload and hazardous situations. By taking a proactive Total 3,164 management approach, EAB population growth can be slowed, allowing more time for Projected Ash Removals on City Property-if left our community to be proactive rather than reactive in re-planting, removing, and unmanaged treating ash trees.' Destruction Wave and Management Management Phase Aggressive Maintenance 100 90 £ 80 £ 70 60 .15 50 tAffected Ash N I m 40 I +EAB c � 30 a 20 10 0 0 5 10 15 20 Time(Years) I Cusp I Crest I Post Crest Protection needs and populations waves of EAB and ash trees with at least 30%canopy thinning Source:Purdue University Emerald Ash Borer Cost Calculator Benefits Provided by Trees The economic costs for trees are quite easily seen by reviewing an annual budget. On the other hand, the economic benefits may not be as obvious. In the last several decades there has been a significant amount of research around the benefits 'green infrastructure' provides, and it has found that trees are 71Page providing a significant economic and social contribution. To give an idea of what and how much trees contribute, below are some of the benefits provided. Trees reduce stormwater. Urban trees reduce the amount of stormwater a city has to deal with through interception, evapotranspiration, and infiltration.This reduces the amount of infrastructure needed by a city to transport and treat stormwater as well as aides in the recharging of aquifers and reduces runoff into our lakes and streams.The street trees alone in New York City were found to intercept 890 million gallons of stormwater annually, that's 1,525 gallons per tree on average, with a total value of over$35 million each year.2 Trees reduce utility bills. Trees can save us a tremendous amount of energy through shading buildings and pavements, along with serving as windbreaks.The net cooling effect of a well-placed healthy tree is equivalent to 10 air conditioners operating 20 hours a day.' Evergreens serving as windbreaks in the winter can save 10-50% on heating costs.4These savings can really add up, in Minneapolis, street trees alone save$6.8 million in energy costs annually.' Trees can extend the life of our streets. Although trees can cause damage to infrastructure in situations of poor planning,they can also increase the life and decrease maintenance for infrastructure in cases of good planning. One example comes from Modesto, California where they found that paved streets shaded with large-stature trees reduced costs for repaving by 58%or($0.66/ft2) compared to unshaded streets over a 30 year period.6 Trees increase home values. Properties with or in close proximity to trees are typically worth more money. A study done in east Portland found having one average sized tree for that area in front of a home increased its sale price by $7,130.The tree's benefits spilled over to homes within a 100-foot radius, increasing their combined value by$12,828.7A similar study done in the Philadelphia neighborhood of New Kensington showed new tree plantings increased surrounding housing values by approximately 10%, which translated to a $4 million gain in property value just through tree planting.' Trees fight crime! A study done of public housing residents in inner-city Chicago found that 25%fewer acts of domestic aggression and violence were reported in areas with nearby trees and natural landscapes than areas without.'A separate study conducted in the same area found that apartment buildings with high levels of vegetation had 52%fewer total crimes reported than those with low levels of vegetation. Proposed reasons for this reduction of crime is the increase in surveillance due to higher outdoor activity and lowered mental fatigue due to exposure to green space.10 Considering in Minnesota the taxpayer pays on average $41,364 per inmate annually'this reduction in crime could save us a significant amount of money. Trees keep us healthy. Increased air quality is another benefit of trees.They clean the air by absorbing carbon dioxide, sulphur dioxide, nitrous oxides and other pollutants.12 Increased air quality means less health risks. Researchers from Columbia University found childhood asthma rates were highest in parts of New York City where tree density was lowest.The rate of asthma fell by 24%for every extra 343 trees/km2, a pattern that held true even after taking account of differing sources of pollution, levels of affluence and population 8IPage density.13 On the same track, patients recovering from surgery in hospital rooms with window views of a natural scene had shorter postoperative hospital stays, received fewer negative evaluations in nurses' notes, and took fewer painkillers than matched patients in similar rooms with windows facing a brick wall.14 Trees are good for business. Shoppers are willing to travel further to visit a business district with high quality trees and spend more time there once they arrive.They are also willing to spend 9%-12% more for products in well treed business districts than those with no trees.This was found to be true in cities of varying sizes and across the US.' Trees are job creators. In 2002 the environmental horticultural industry was estimated to employ 1,964,339 people, adding $95.1 billion in property value, and contributed $64.3 billion in labor income.16 Costs vs. Benefits. Do the costs outweigh the benefits? In the early 90's a study was done in Chicago to determine if benefits from their newly planted trees outweighed planting and maintenance costs over a 30 year period.They determined there was a net benefit of$38 million over the 30 years or$402 per tree planted. For every$1 invested in planting and maintenance costs,they received $2.83 back in benefits.17 In 1997-1998 the City of Modesto, California set out to find if the annual $2.6 million municipal budget spent on urban trees was justified.The results of the study found the total annual benefit from Modesto's urban trees to be $4.95 million, netting$2.3 million or on average$54.33/tree annually.18 In Davis, California a study of 24,000 maintained public street trees showed a net annual benefit of$1.2 million, with every$1 invested returning$3.80 in benefits.The costs factored in included infrastructure damage, price of litter/storm clean up, litigation and settlement expenditures, as well as planting, maintenance, and removal costs.19 Minneapolis receives an annual net benefit of$15.7 million or$79/tree from its municipal trees. 20 Trees in New York City provide$5.60 in benefits for every$1 spent on tree planting and care.21 Studies done by a variety of researchers across the nation and world continue to tell us that investing in urban trees has significant returns.These returns can be increased greatly through proper planning (site and species selection) as well as using proper planting techniques and continued maintenance. Although we cannot stop EAB from causing the inevitable loss of benefits associated with ash trees, we can decrease that loss through preserving some, and replacing others with a variety of species. EAB Management Strategy Since EAB has been shown to kill all ash trees not chemically treated,this leaves us only two options: chemical treatment (which has proven effective)22 or tree removal. Based on experiences from many other cities who have experienced EAB,taking a 'wait and see' reactive approach vs. proactive management should be avoided; as it has shown to result in higher costs, unsustainable workloads, and more environmental and aesthetic impacts.The ultimate goal of our 9I management plan is to spread out and minimize impacts, including costs and workloads associated with EAB on both public and private property. The goal of our management strategy for public property is to; protect large, high quality,well placed, ash trees in maintained areas (through chemical treatment), strategically remove smaller and lesser quality ash trees, replant with tree species that promote urban forest diversity, and slow the spread of EAB through treatments and tree sanitation (through enforcement of Section 9.70 of City Code). It is recognized the majority of ash trees within the City are on private property. In order to effectively manage EAB it is essential for the City to work with private property owners in promoting proper treatment of high quality, well placed ash trees, removal of infested trees, and replanting to promote tree diversity. Potential Effects of Herd Immunity Herd immunity(also known as community immunity) is the public health phenomenon where protection from a disease for a critical percentage of the population allows protection for untreated individuals in the population.This principal occurs with a range of microscopic 'bugs,' but the same concept applies to a larger bug—the emerald ash borer. By treating a certain amount of the population of ash trees,there is the potential of offering some 'protection'to adjacent untreated ash trees. Ash tree mortality and EAB populations are directly related. As EAB populations increase, so does ash tree mortality. In 2012, researchers out of Michigan State University published a study23 which included over 200 computer simulations based on field-derived data and included a best-case scenario that was most effective at preserving ash trees at the lowest cost.This best-case scenario predicted that random treatment of 20%of the population of ash trees annually should protect 99%of the trees after 10 years. This strategy was based on the high likelihood an adult EAB would feed on a treated tree and be killed, keeping populations in check. Although this strategy has only been proven in theory and not in the field, conversations with both urban foresters and researchers offer anecdotal evidence that it is working. Brian Aukema, an Associate Professor of Forest Entomology at the University of Minnesota, is taking part in the study of herd immunity in 8 Minnesota communities. Starting the summer of 2017, he is following 1200 ash trees (half are treated) over the next four years to see what levels of protection the untreated trees might receive from their treated neighbors. Results from this study may impact our management strategy and should be reviewed once completed. Ash Tree Conservation (chemical treatment) Chemical treatment is an essential component of a successful EAB management strategy. It can be used as a tool to allow only an acceptable amount of EAB damage per year.Treatment can ease the transition from mature ash to newly planted trees, allow us to better manage costs and workloads, retain a portion of the benefits mature ash provide us, and maintain the character of our community.The potentials of herd immunity, could amplify these benefits. Fortunately, we have a large body of research available to us from regions who have already dealt with EAB. Several chemicals on the market have proven effective to protect ash trees against EAB.That being said, there is a varying amount of chemical exposure, cost, and overall protection offered by each product. On public property a trunk injection of emamectin benzoate is recommended -due to its 10 limited chemical exposure and proven effectiveness. Optimal timing of trunk injection is after trees have leafed out in spring but before EAB eggs have hatched, or generally between mid-May and mid-June. During each review of this plan, city staff will review any new research and products related to ash tree treatment and update treatment protocols as necessary. Treatment Protocols For treatment purposes, we assume 2017 is Year 1 of infestation. Aggressive Treatment Protocol—Year 2 (2018)to Year 13 (2029)*:Treat ash trees The budget impacts shown beginning with those closest to the confirmed infestation.Treat approximately 1/3 of below are an increase in annual the trees each year to even out annual treatment costs and continue on a three year spending compared to 2017. treatment interval. While emamectin benzoate products are labeled to effectively treat EAB for two years, research indicates treatment offers protection into the 3rd BUDGET IMPACTS year.' Research confirms that treatments using emamectin benzoate will keep trees Estimated annual cost to completely free of pests for the first two years after the injection, and that it takes treat 1050 high quality ash three to four years after the start of an infestation for trees to decline to the degree trees. which requires removal. If there are specimen ash trees where zero canopy thinning Aggressive is tolerable, it may be recommended to treat those trees every two years during the Treatment $ 23,228.00 peak of infestation. Protocol *Year 13 is an estimate of when the local EAB population will exhaust its food source Maintenance (ash) and will crash.This timeframe will vary based on management taking place in Treatment $ 11,532.00 surrounding cities and private property. If EAB populations are determined to still be Protocol high,the aggressive treatment protocol should be continued. Average Maintenance Treatment Protocol—Year 14(2030) and beyond: Inspect all trees estimated scheduled to be treated long/short term in Year 14. Randomly select 20%of the trees cost per tree $ 397.26 scheduled for long term (and any continued short term)treatment in Year 14. to treat for Thereafter, annually treat 20% of randomly selected trees that have not been treated 25 years during the prior five years. As there are a number of studies currently in process See'Budget Impacts and Ash Population Summary'below for regarding herd immunity and EAB management strategies, a review of the latest more details on treatment costs. research should be completed once switching from an aggressive treatment protocol to a maintenance treatment protocol. Below is a statement from the Coalition for Urban Ash Tree Conservation—a group of university scientists with expertise in EAB management, commercial arborists, municipal foresters, public works officials, and non-governmental organizations(NGOs). "We the undersigned strongly endorse ash tree conservation as a fundamental component of integrated programs to manage emerald ash borer(EAB) in residential and municipal landscapes. Cost-effective, environmentally sound EAB treatment protocols are now available that can preserve ash trees through peak EAB outbreaks with healthy canopy intact. Used in association with tree inventories and strategic removal/replacement of unhealthy ash,tree conservation will help retain maximum integrity and value of urban forests.This integrated approach to urban EAB management is supported by university scientists with expertise in EAB management, commercial arborists, municipal foresters, public works officials, and non-governmental organizations (NGOs)." See document in full at http://www.emeraldashborer.info/documents/conserve ash.pdf 11 IPage Pesticide Safety There are increasing and well-warranted concerns regarding the overreliance on pesticides. Neonicotinoids and their effects on pollinators, such as bees, and soil-applied products that have the potential to reach storm/ground water are a growing concern. Aligning with the City's efforts to be a pollinator friendly community (see Resolution No. 2016-37 Endorsing "Pollinator-Safe" Policies and Procedures),the pesticide emamectin benzoate is not a neonicotinoid. It is a systemic insecticide injected directly into the trunk of a tree, which minimizes its non-target effects. Ash trees are wind pollinated;they are not a substantial nectar source for bees,they flower early in the growing season and only for a limited number of days. According to research conducted at Purdue University, "It is highly unlikely that bees would be exposed to systemic insecticides applied to ash." Emamectin benzoate has a low toxicity rating for mammals, a low bioaccumulation potential within ecosystems, and is immobile in soil.This means that the insecticide will not build up levels within an ecosystem and will be minimally harmful to people and animals that might encounter tree debris. 25 While there are valid concerns regarding the overuse of pesticides in our environment,those concerns should be aimed at reducing pesticide use where fewer benefits result.The known environmental consequences of losing thousands of ash trees are vastly greater than the minimal risk associated with inoculating ash trees to protect them from certain death. Marla Spivak,the Distinguished McKnight Professor in Entomology at the University of Minnesota, and an internationally recognized expert on bees, has said that the benefits of trunk-injected emamectin benzoate for ash trees outweigh the minimal potential harm to bees. 26 Overview of Ash Management Options During the tree inventory process, city staff assigned an 'Ash Management Option' from the list below to each ash tree on public property. See "Tree Ownership" in the Definitions for details on determining ownership/management of border trees. City treating(short term)—City is planning to treat tree, protecting it from EAB until surrounding area has additional trees established, or to delay removal. (Approximately 279 trees) City treating(long term)—City is planning to treat tree with the intent of maintaining its health long term.This would only be for high quality ash tree which are well placed and in good health, or of great significance. (Approximately 771 trees) Pre-emptive removal—Tree will not be treated and should be removed pre-emptively, before it succumbs to EAB. (Approximately 1813 trees) Remove after infested—Tree will not be treated, and will be removed after it is infested with EAB. (Approximately 301 trees) Resident treating—Does not meet City's treatment criteria, and resident is paying for treatment of tree.This designation is only given to trees that are located on City property directly adjacent to a private property owner who is treating the tree. 12IPage Ash Tree Treatment Criteria In general,to be considered for treatment by the City the tree must meet the criteria below. • A diameter (DBH) of 12" or greater • Condition rated as fair or better(see Definitions for criteria) • No utilities overhead or conflicting • Not causing damage to sidewalks/trails or other infrastructure • A well placed tree (not in extreme competition with other trees/infrastructure) • Has sufficient soil volume to reach maturity Resident Treatment of Public Ash Trees In cases where a public ash tree does not meet the City's treatment criteria, a resident may pay for the treatment of a public tree with the following stipulations: 1. Uses the City's current treatment contractor(or other approved contractor). 2. Has approved permit (free)from the City's Parks and Natural Resources Division. 3. Meets treatment specifications in City's current treatment contract. It is not allowed for a resident to treat a public ash tree with home applied products. All contractors must meet minimum requirements set in City's current EAB treatment contract. Ash Tree Removals All tree removals on public property within the capabilities of city staff will be The budget impacts shown below completed by the City's Parks/Streets maintenance staff.Ash tree removals will are not a projected increase in be prioritized based on potential risk to public,trees with wood pecker damage, annual spending. efficiency of removal (attempt to reduce trips to one location), and spreading out BUDGET IMPACTS impacts of tree removal in high density ash areas. Estimated annual cost of ash tree removal (removing A significant amount of wood debris will be produced through tree removal on approximately 2,114 trees public property. City staff should annually attempt to find buyers of saw logs, or total) utilize wood in other ways where practical. Remaining debris shall be disposed of Removing meeting Minnesota Department of Agriculture's BMPs. Approximately 259 Trees Strategic Removals $85,460.95 Annually Once a tree is infested with EAB it can be more hazardous and costly to remove Average than an uninfected tree. On public property, in order to reduce costs and flatten estimated cost the peaks of tree removals, a portion of ash trees which are not being treated will per tree to $ 337.77 be pre-emptively removed at a rate of roughly 259/year for the next 7 years. remove See'Budget Impacts and Ash Approximately 301 ash trees on public property will be left untreated.These trees Population Summary'below for should not be located adjacent to structures/utilities, on slopes, in areas more details on removal costs. inaccessible with a bucket truck, or in other locations increasing the difficulty of removal. Ash trees in natural woodlands adjacent to trails or other highly used public spaces should be removed prior to signs of infestation in order to increase the number of trees able to 'cut and scattered' in the woodland rather than chipped and hauled away. 13 I The strategy of proactively removing ash before the tree is infested with EAB is not proven to reduce population growth or slow the ultimate mortality of ash. Proactive removal on public property is strictly to manage costs and spread out workloads. Estimated Tree Removals on Public Property 600 v 500 ~ 400To N N N N N N N 0 1/1 300 CD 200 u, in u, u, in In In u, in Lip ZOO N N N N N N N N N N 0 w 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 (Actual) Year DED,Oak wilt,and Hazardous EAB Management Replanting The budget impacts shown below On maintained property in Eden Prairie, ash trees are the second most abundant are an increase in annual spending compared to 2017. tree-currently making up about 15%of our urban forest, or a total of approximately 50,000 ash trees. Considering all untreated ash trees will succumb BUDGET IMPACTS to EAB, replanting is an essential component of this plan. Estimated annual cost for planting stock to replace Tree diversity will be a top priority in re-planting. Species choice should meet the 1.5X removed trees(planting following requirements: approximately 3171 trees). Planting • Choose the largest growing tree for the available above and below ground Approximately space. 317 Trees $28,539.00 • Spacing should be a minimum of 3/of the crown spread for the selected Annually variety. See 'Budget Impacts and Ash • Plant parks/streets with no more than 10%of one genus. Population Summary'below for • All maple, apple, and spruce should be avoided due to high existing more details on replanting costs. populations. • Plan for Asian Longhorned Beetle (ALB) -do not use high numbers of ALB host trees in localized area. o ALB Host Trees: birch, buckeye/horsechestnut, maple, elm, plane tree/sycamore o Non-ALB Host Trees: alder, catalpa, coffeetree, corktree, ginkgo, hackberry, honeylocust, linden, oak,tamarack, crabapple, ironwood, hawthorn,Japanese tree lilac, amur maackia, serviceberry, cherry Tree planting associated with this plan will be at a minimum replacement ratio of 1:1.5 removed vs. replaced.Therefore it can be expected to plant roughly 317 trees per year for the next 10 years. Initial years of planting will focus on areas with highest densities of ash trees and areas with trees designated as 'Short-term Treatment". 14 I I New tree plantings will mainly consist of 1.25-1.5 caliper inch trees, giving preference to planting stock in the following order; bare-root(highest preference), container, balled and burlap (lowest preference).Tree tube plantings may also supplement tree replacement, but mainly when exceeding minimum tree replacement quantities. • , • Tree planting locations will mainly be focused in parks/areas where ash tree removal takes place; with the exception of on local residential streets, where trees will be replanted instead on arterial and collector streets which meet the planting criteria below. Residents who wish to plant in the right-of-way must have _ an approved permit (free) from the City's Parks and Natural Resources Division. wairr City staff will be looking into programs to encourage replanting in front yards where the City is not replanting; such as a tree sale or giveaway, city-wide planting contract, or others. Tree Planting Criteria ; Tree planting locations should meet the following criteria unless otherwise approved by the City Engineer. Distances listed are minimums. 1. Boulevard width of 6' or wider and streets with wider than normal medians A recently planted 1.25 caliper inch bare-root bicolor oak tree. 2. 40'from street corner 3. 30'from stop sign or signal 4. 10'from ped ramp,fire hydrant, driveway 5. 6' from utility box 6. 10' or not within growing distance of street light 7. Not within growing distance of overhead power lines or will interfere with public utilities Public Education and Outreach Considering the vast majority of ash trees are on private property, successful public education and outreach are essential to minimizing the impacts of EAB in our City. Public outreach will take place in the following ways: • Information on EAB management options, including up to date treatment recommendations on the City's website. • As a service to Eden Prairie residents, maintain a City EAB treatment contract with a separate bid price for private property owners,through the Aggressive Treatment period. • Targeted mailings/notifications in neighborhoods with high ash densities on private property. • Provide educational materials on website and at City events such as Arbor Day. o One EAB meeting/workshop open to public by the City in 2018, 2019, and 2020 at minimum. 15IPage Disease Tree Program In accordance with City Code Section 9.70, ash trees infested with EAB on public and private property shall be required to be removed according to the procedures outlined in City Code and criteria below: Management of EAB infested trees in natural areas will be limited to the following situations: • In the first 5 years after the initial infestation (in 2017) or in areas where new infestations are found and city staff determines tree removal would result in beneficial EAB population reduction (even after initial 5 years of infestation). • If there are infested trees which would result in a hazardous situation for a person or property. In areas with known EAB infestation, woodpecker damage on ash trees is a very strong indicator of EAB presence.Through research27 and personal experience, Brian Aukema, an Associate Professor at the University of Minnesota, Department of Entomology estimates based on the extent of infestation Eden Prairie has already confirmed, 75-100%of wood pecked trees can be expected to have EAB. Therefore, on ash trees, wood pecker damage alone shall be enough evidence of EAB to declare it a "nuisance"and require removal. Management in Natural Areas Based on research completed in Ohio of ash tree mortality in EAB infested natural areas, ash populations in forested sites can progress from healthy to almost complete mortality of mature trees within 6 years.28 In general, removing infested ash trees in a natural wooded area to control EAB population has proven to be unattainable. Strategies such as using girdled 'trap trees' may be used in some situations in an attempt to decrease EAB population growth, or pull populations away from certain areas. See "Trap trees and population sinks" in the Definitions for more detail. Budget Impacts and Ash Population Summary The tables below are results from an inventory of ash trees on public property, in maintained areas, along with annual management tasks, and associated costs and benefits. Ash Population Summary Ash Management _ Condition Size Replanting Total Removing Pre- Remove Replanting at Ash Population Quantity Total (Pre-emptive+ Fair or Avg emptive after Poor <12" >=12" 1.5 remove: Treating Remove After better DBH Removal Infested replace Infested) Ash in Parks 906 279 627 547 80 183 723 13.1 360 546 941 Ash in ROW 1295 771 524 303 221 111 1184 15.9 380 915 786 Ash adjacent to trails(>4") 963 N/A 963 963 N/A N/A N/A 1445 All Ash 3164 1050 2114 1813 301 294 1907 14.8 740 1461 3171 Ash Management Options Overview 16IPage Average Cost Average Average to Perform Number Annual Ash Management Option Diameter Management Trees Benefits in inches Option (per Provided time) Remove After Dead 301 13.6 $ 388.15 $110.11 Pre-Emptive Removal 1813 11.8 $ 335.40 $ 86.63 City Treating(Short Term) 279 14.2 $ 56.72 $120.13 City Treating(Long Term) 771 18.5 $ 74.11 $157.03 Total 3164 14.9 - - 17IPage Annual Tasks, Costs, and Benefits Benefits•`* Annual Tasks Costs" With Management/ Wrttrotet Est.years Preservation Management, after Annual infestation Year Average Planting Annual Annual Annual benefits (initial Treatment annual Min.Tree (tree benefits benefits benefits Treatment Removal lost year2016) interval ash Replanting stock provided provided lost from from removals only) by ash/yr ash fyr by ash/yr ash/yr 1 2017 $333,655 2 2018 1 259 317 523,228 585,451 528,539 5321,112 $22,045 5335,294 56,863 3 2019 2 259 317 523,228 U5,461 $28,539 5299,057 522,045 $329,431 $6,863 4 2020 3 259 317 523,228 585,451 $28,5,39 5277,0.2 " 2,045 $315,705 519,726 5 2021 1 259 317 523,228 $85,461 $28,539 $254,977 $22,045 $288,252 $27,453 6 2022 2 259 317 $23,228 $85,451 $28,539 $232,932 $22,045 $233,347 $54,905 7 2023 3 259 317 $23,228 585,461 528,539 $210,887 522,045 $123,537 5109,810 _ 8 2024 1 259 317 $23 28 585,451 $28,539 $188,842 $22,045 $96,084 $27,453 _ 9 2025 2 Remove 317 523,228 528,539 5181,112 57,730 10 2026 3 remaining 317 523,228 528,539 $173,382 57,730 11 2027 1 301 after 317 523,228 5115,818 $28,539 5165,651 $7,730 12 2028 2 $23 28 $157,921 $7,730 v v infested 13 2029 3 $23,228 5150,191 $7,730 v v 14 2030 511,532 $147,187 $3,004 15 2031 511,532 $144,243 $2,944 o 16 2032 511,532 $141,359 $2,885 a a 17 2033 $11,532 $138,531 $2,827 2 18034 Maitenance 511,53 $135,761 $2,771 v v - - 19 2035 $11,532 $133,046 $2,715 Treatment m m 20 2035 Pratoca'' 511,532 $130,385 52,661 u 42 21 2037 $11,532 $127,777 52,608 _0 _0 22 2038 511,532 $125,221 $2,556 a a 0 0 23 2039 511,532 5122,717 $2,504 z z 24 2040 511,532 5120,263 52,454 25 2041 511,532 5117,857 $2,405 Total 2114 3171 $417,120 $714,044 $285,390 $4,197,444 $225,300 $1,722,649 $247,073 `Year 13 is an estimate of when the local EAB population will exhaust its food source(ash trees) and crash.This timeframe will vary based on management taking place in surrounding cities and private property. If EAB populations are determined to still be high,the aggressive treatment protocol should be continued. "Tree removal price is based on average cost for municipal treefstump removal.Tree treatment cost is based anticipated price per inch for a contractor to perform trunk injection.Tree stock cost for replanting is based on average cost per tree(stock only)of previous municipal tree orders(for 1.25ca1 inch). '"Tree benefits were calculated with the National Tree Benefit Calculator(http//www.treebenefits.com)which is internationally used,peer reviewed software.The calculator estimates the monetary value trees provide in relation to stormwater interception, energy consumption, property value, air quality, and CO2 sequestration and reduction.Calculations account for differences in park/street trees,tree size, local climate,species, and 'Ash Management Option'.Other less researched benefits are not accounted for(e.g., human,social, and communal health). 18IPage Definitions Tree Condition: Poor—The tree appears unhealthy and may have structural defects such as codominant stems, severe included bark, or severe trunk and/or limb decay.A tree in this category may also have severe mechanical damage, crown dieback, or poor vigor threatening its ability to thrive.Trees in poor condition may respond to appropriate maintenance procedures, although these procedures may be cost-prohibitive to undertake. Fair--The tree may exhibit the following characteristics: minor structural problems and/or mechanical damage, significant damage from non-fatal or disfiguring diseases, minor crown imbalance or thin crown, or stunted growth compared to adjacent trees or shrubs.This condition should show reasonable vitality and show no obvious signs of decay. Good --The tree has no major structural problems, no significant mechanical damage, may have only minor aesthetic insect, disease, or structure problems,yet is in good health. Excellent-- Overall,the tree is healthy and satisfactory in condition,vigor, and form.The tree has no major structural problems, no mechanical damage, and may only have insignificant aesthetic, insect, disease, or structure problems. Tree Ownership: It is the City's policy when dealing with ash trees, and all other trees,that the City shall be responsible for all management of trees on city property, including city right-of-way.The ownership of a tree shall be determined based on the center of the tree and the property boundary.Tree management will not be split based on X%on one property and X%on another. Trap trees and population sinks: Rather than preemptively removing low-value ash trees, many can be girdled to serve several vital roles before they die. Girdling stresses a tree and usually kills it within a year. Recent studies have shown that EAB beetles are attracted to stressed ash trees, especially those in sunny locations such as along roads and trails, and tend to lay more eggs on stressed trees than on healthy trees. Girdled trees organized in a grid pattern are very effective for detection and assessment. This best practice also has a second important purpose,to function as beetle population "sinks"that concentrate and eliminate adult beetles before they can disperse and reproduce. Girdled trees can serve a third important purpose as"trap-trees," a technique with a long history of use in forest pest management.The key to managing the infestation is reducing pest pressure; or put more bluntly—killing the beetles, not the trees.The following are important considerations listed in the SLAM23 study to accomplish this: • If trees are girdled and remain standing for more than one year,they will serve as beetle magnets. Since girdled trees must be removed before the next generation of adults can emerge, a large component of future adults can be eliminated. • If tree cutting and removal is not a viable option (for example in woodland areas), then creating lethal trap trees should be considered. As the infestation builds, it may be economically preferable to invest in reducing pest pressure near high-priority trees. Lethal trap trees can be used by treating trap trees a few weeks before girdling. However,the effectiveness of girdled trees to function as traps or sinks appears to diminish as EAB densities build in an area.29 19IPage • Clustering three or four girdled trees creates a more powerful attraction for EAB adults than isolated single girdled trees in areas with low-density populations. • There is evidence to suggest that at very low EAB population levels, the location of sink trees can influence how beetles disperse. Sink trees will pull some beetles towards them as EAB adults respond to the presence of artificially stressed trees. Placing clusters of sink trees inside the core of an outbreak versus outside the outer edges could pull dispersing beetles away from the edges and potentially reduce spread rates. • Although all native ash trees will attract EAB adults, some species are more attractive than others. If different ash species are present, select by priority,from most to least preferred: (1) green ash, (2) black ash, (3) white ash, and (4) blue ash. • Timing for girdling trees: Dates for girdling trap trees or setting traps and debarking trees or retrieving traps should be based on accumulated degree days for the local area since adults predictably fly at the same number of degree days each year. Girdled trees should be felled and debarked or destroyed in the fall, winter or early spring following their establishment to ensure that larvae die before completing development. 1 Clifford S.Sadof,G. P. (2017).Tools for Staging and Managing Emerald Ash.Arboriculture& Urban Forestry 2017, 43(1):15-26. <http://www.emeraldashborer.info/documents/Sadof%20et%20a1%202017%20Staging%20EAB%201nfestation.pdf> 2 Peper, Paula, E.Gregory McPherson,James Simpson,Shelley Gardner, Kelaine Vargas, Qingfu Xiao. "New York City, New York Municipal Forest Resource Analysis." USDA Forest Service, Pacific Southwest Research Station and Center for Urban Forest Research. (2007).Web. <http://www.fs.fed.us/psw/programs/uesd/uep/products/2/psw_cufr687_NYC_M FRA.pdf> 3 University of Washington,College of Forest Resources. Urban Forest Values: Economic Benefits of Trees in Cities. Rep. Center for Human Horticulture, 1998.Web. <http://www.cfr.washington.edu/research/factSheets/29-UrbEconBen.pdf> 4 Trees Save Energy. Maryland Department of Natural Resources.Web. <http://www.dnr.state.md.us/forests/publications/urban5.html> 5 "City of Minneapolis, Minnesota Municipal Tree Resource Analysis."Center for Urban Forest Research, USDA Forest Service, Pacifica Southwest Research Station,June 2005.Web. <http://www.fs.fed.us/psw/programs/cufr/products/2/cufr645_minneapolisMFRA.pdf> 6 McPherson EG, Muchnick J.2005. "Effects of street tree shade on asphalt concrete pavement performance."Journal of Arboriculture 31:303-310 <http://www.treebenefits.terrasummit.com/Documents/Business/psw_2005_mcpherson001Joa_1105.pdf> 7 Wells, Gail. "Calculating the Green in Green:What's an Urban Tree Worth?"Science Findings 126(2010).Web. <http://www.itreetools.org/news/articles/PN W_scifi 126_Sept2010.pdf> 8 Wachter,Susan.The Determinants of Neighborhood Transformations in Philadelphia Identification and Analysis:The New Kensington Pilot Study. Rep.Wharton School University of Pennsylvania,2005.Web. <http://www.kabaffiliates.org/uploaded Files/KAB_Affiliates.org/Wharton%20Study%20NK%20final.pdf>. 9 Kuo, F.E.,and W.C.Sullivan.2001. "Aggression and Violence in the Inner City: Effects of Environment Via Mental Fatigue". Environment and Behavior 33.4(2001):543-571.Web. 20 <http://www.outdoorfoundation.org/pdf/AggressionAndViolence.pdf> 10 Kuo, Frances,and William Sullivan. "Environment and Crime in the Inner City: Does Vegetation Reduce Crime?" Environment and Behavior 33.3(2001).Web. <http://www.outdoorfoundation.org/pdf/EnvironmentAndCrime.pdf> 11 Christian Henrichson and Ruth Delaney,The Price of Prisons:What Incarceration Costs Taxpayers. New York: Vera Institute of Justice,2012.Web. <http://www.vera.org/sites/default/files/resources/down loads/Price_of_Prisons_updated_version_072512.pdf> 12 McPherson, Gregory,James Simpson, Paula Peper,Shelley Gardner, Kelaine Vargas,Scott Maco, and Qingfu Xiao. "Coastal Plain Community Tree Guide: Benefits,Costs, and Strategic Planting". USDA, Forest Service, Pacific Southwest Research Station. (2006).Web. <http://www.fs.fed.us/psw/programs/uesd/uep/products/2/cufr_679_gtr201_coasta I_tree_guide.pdf> 13 Lovasi,G.S.,J.W. Quinn, K. M. Neckerman, M.S. Perzanowski,and A. Rundle. "A Rundle. Children Living in Areas with More Street Trees Have Lower Prevalence of Asthma."Journal of Epidemiol Community Health 62 (2008):647-49.Web. <http://www.ncbi.nlm.nih.gov/pubmed/18450765> 14 Ulrich, R.S. "View through a Window May Influence Recovery from Surgery."Science 224.4647(1984):420-21.Web.<http://www.sciencemag.org/content/224/4647/420.abstract> 15 Wolf, Kathleen L. "Business District Streetscapes,Trees and Consumer Response."Journal of Forestry 103.8(2005): 396-400.Web. <http://www.fs.fed.us/pnw/pubs/journals/pnw_2005_wolf001.pdf> 16 Hall,Charles,Alan Hodges, and John Haydu. "Economic Impacts of the Green Industry in the United States." USDA Urban and Community Forestry Advisory Committee. (2005). <http://www.ufei.org/files/pubs/EconomiclmpactsoftheUSGreen%201ndustr(NUCFACfinalreport).pdf> 17 McPherson, E.G., Nowak, D., Heisler,G.,Grimmond,S.,Souch, C.,Grant, R., & Rowntree, R. (1997).Quantifying urban forest structure,function, and value:the Chicago Urban Forest Climate Project. Urban ecosystems, 1(1),49- 61.Web. <http://gis.fs.fed.us/psw/programs/uesd/uep/products/cufr_55_EM97_26.PDF> 18 McPherson, E.G.,Simpson,J. R., Peper, P.J.,&Xiao,Q. (1999). Benefit-cost analysis of Modesto's municipal urban forest.Journal of Arboriculture, 25, 235-248.Web. <http://joa.isa-arbor.com/request.asp?JournallD=1&Articlel D=2860&Type=2> 19 Maco,S. E.,& McPherson, E.G. (2003).A practical approach to assessing structure,function,and value of street tree populations in small communities.Journal of Arboriculture, 29(2),84-97.Web. <http://www.treebenefits.com/streets/resources/A%20Practica I%20Approach%20to%20Assessi ng%20Street%20T rees.pdf> 20"City of Minneapolis, Minnesota Municipal Tree Resource Analysis."Center for Urban Forest Research, USDA Forest Service, Pacifica Southwest Research Station,June 2005.Web. <http://www.fs.fed.us/psw/programs/cufr/products/2/cufr645_minneapolisMFRA.pdf> 21 Peper, Paula, E.Gregory McPherson,James Simpson,Shelley Gardner, Kelaine Vargas, Qingfu Xiao. "New York City, New York Municipal Forest Resource Analysis." USDA Forest Service, Pacific Southwest Research Station and Center for Urban Forest Research. (2007).Web. <http://www.fs.fed.us/psw/programs/uesd/uep/products/2/psw_cufr687_NYC_M FRA.pdf> 21 22 Herms DA, McCullough DG,Smitley DR,Clifford CS,Cranshaw W. 2014. Insecticide options for protecting ash trees from emerald ash borer. North Central IPM Center Bulletin. 2nd Edition. 16 pp. https://extension.entm.purdue.edu/EAB/PDF/NC-IPM.pdf 23 McCullough, D.G., Mercader, R.J., 2012. Evaluation of potential strategies to SLow Ash Mortality(SLAM)caused by emerald ash borer(Agrilus planipennis):SLAM in an urban forest. Int.J. Pest Manage. 58,9-23.< http://www.actrees.org/wp-content/uploads/2012/12/Urban-SLAM-pdf.pdf> 24 David R.Smitley,Joseph J. Doccola, and David L.Cox. 2010. Multiple-year Protection of Ash Trees from Emerald Ash Borer with a Single Trunk Injection of Emamectin Benzoate,and Single-year Protection with an Imidacloprid Basal Drench.Arboriculture& Urban Forestry 2010. 36(5): 206-211 https://www.extension.iastate.edu/forestry/publ ications/PDF_fi les/Smitley%20et%20a1%202010%20EAB%20articl e.pdf 25 Jeffrey Hahn,Assistant Extension Entomologist, Department of Entomology, University of Minnesota, Daniel A. Herms, Professor, Department of Entomology,Ohio Agricultural Research and Development Center,The Ohio State University, Deborah G. McCullough, Professor, Department of Entomology and Department of Forestry, Michigan State University. 2011. "Frequently Asked Questions Regarding Potential Side Effects of Systemic Insecticides Used To Control Emerald Ash Borer," http://extension.entm.purdue.edu/eab/PDF/potentialSideEffectsofEABlnsecticidesFAQ.pdf 26 At the Minnesota Shade Tree Short Course held in Arden Hills, Minnesota, March 18 and 19, Dr. Marla Spivak, the Distinguished McKnight Professor in Entomology at the University of Minnesota and an internationally recognized expert on bees, said that the benefits of trunk-injected emamectin benzoate outweigh potential harm to bees. 27 Fahrner,S.J.,Abrahamson, M.,Venette, R.C., &Aukema, B. H. (2017).Strategic removal of host trees in isolated,satellite infestations of emerald ash borer can reduce population growth. Urban Forestry and Urban Greening, 24, 184-194.<https://www.fs.fed.us/nrs/pubs/jrnl/2017/nrs_2017_fahrner_001.pdf> 28 Knight, K.S., Brown,J.P., Long, R.P., 2013. Factors affecting the survival of ash (Fraxinus spp.)trees infested by emerald ash borer(Agrilus planipennis). Biol. Invasions 15, 371-383. <https://www.nrs.fs.fed.u s/pubs/j rn l/2013/n rs_2013_kn ig ht_001.pdf> 29 McCullough, Deborah G.;Siegert, Nathan W.; Using Girdled Trap Trees Effectively for Emerald Ash Borer Detection, Delimitation and Survey, Dept.of Entomology and Dept.of Forestry, Michigan State University,July 2007.<http://www.emeraldashborer.info/files/handoutforpdf.pdf> 22IPage APPENDIX A 6 r. t 7, ry ,n, co,, m °.m °, otarynNah- ��n, G,nCo0eln. gcic? NI000000 f fei oe a' c"i $ m8c6-, TZ .9jaI ^w8a, a`-i mS ? u88a88 �+38888 $ 8a o .8 x E t to 2 y N. 41 cp M Ql co Lo in on co T m C on N ,- — •-• 4 4 u 4 IS U c 4 t} r7 7 4i L.6 m N N N N — - - r — G G C G C G C G G G C C G '_" ? V _ 0 0 c a t V t q L N pQ pQ pp pQ pp pQ pp op p _ y C'V pNp S+ O [+] J+ [3] o O O_ O g o e g g o N O r'lo cN O O O O O 0 3 O : 2 m Y m Q, z , M ., r r m T CO LO 0 !p 4i 05 M M M r ,--- 47 47 N V N V V N C O d E J _ G r i3eeee E I 4 O - G 4 4m. ., 7, w mm ¢ rmicc °. LO 4A-, Nccm0ac0404004000 W O ,-' Lci O O ca O W ni O cc; - - O O cc; 0 0 0 0 0 0 0 0 0 0 0 6 O N-ci 9 .t E 4m _ Gi o r vN, N ea 1 E } 0 N -, d u5 4 4 C [6 cy 4 ege6R4 O 4 4 4 4 4 4 m f — o r- N C7 Ci C7 Cl of h•1 O SI n +' 0 c y J r N r 4 t.. e- N l••, N N N co 4 h h ❑ h c.y N 4 4 4 4 4 4 4 4 0 r. L �G C �, a a M 6 . V 6. O 2 m y n V w0 rJ — oo '� Ny c c y ? r r+ tvt,pp r+ v c tvtpp 4 4 N ch 4 cb r7 v' cy, 4 ? p� 0 b. d p� a O t U A 'S c i SND 4M-, 4C, LsO SD (•, C7 c�f1 c�Il M1 mrri 4 N SmD r' S5O M1 v — G O 4 ,y� C t W d 7 E. - `� o e$ e g c F c a 3 47 ca W • 7, Y .0 G c (P Lc) Cc m 2 r, �E e e e�E e e�2 a �E e e e e e e e�E e e e e e g e° o ('-.,I c 2? SD r 2h M g7? S4 2n $? SO N 4", cc. O SZI, M 4 SA _ p 4 g O p Q `8i cv ri ri r� cv N r, ri ri w m m m ��yy u, o m $ gj o 0 N N 4, N N r f+'] r` N r r LO 4, 47 N C7 N N 4 v 4 �+ o e e m ty Q ry N .40 ? C C = M T [Q t N ,a, n _ 3 W m O g $ c N ., Pui4iKiNr.4NN ' 6000000000000 • m a . ° m 4o. ca v. aae t zN2Lr, r,i m s m A = d c C V G Flu u O O o O O O O O O C m a Q, lC, srar r r rr'r r O7 CO CO Ip CO 41 Lfl C7 C7 en r V •Q pp p p . A N ti 2 c Sia OD 'y — m G _ D =T 0. V ry y L M C M A t/� • C Q C C } _ 1:- J G IA 7 O } o-- p� o J✓ a qa. c` c 6. W g O J d m j n = m F r� 4 ry N a .5 .-i vy, ¢[4 C m N m m U.� T S iv`r c L, _ E n1 01 `_ — �. E 1 d m C 7 L j _ P 1 j E. C ea .c N c a N = N 8 Y `c m L �91 — m c N L cCq77 rye W 1p5J H 3 LL 4 cE E (o 7 2 7 L1' U 4 c;' V 4 4 i LML W i I— 12 2 J 2 F 23IPage Appendix B 4 v -c= v F Na) ON• E aL a m a(I) m na .0 " r,cLJJ o C -N 4— cci C -c� J N ! •O — • RQ f,;i s ►r I. • • • . r,ir. v • • • N. b. • • • • • • • • ` '• r f • w • .. • .. • •ti . ,•) } r t 24IPage Appendix C As of 2/6/18 Emerald Ash Borer in Minnesota I kkcm AGrandF I,. - I / / i --- far, • L,_F- .,, • _ , __., . , ,, Lai&Tra,a '7d_ _ 1 Riplenalor/ i Green is Generally ,- - Infested Area. Wateilawn '—L Eau Cline o GOrEAu CES -- • -. - La Crosse AIIer/L.-:, AiJS Ifl • ID GI Sioux Fall I • ti 'Amen Car '�' a Source: MDA Interactive EAB Map 25IPage Appendix D As of 2/ / 18 Emerald Ash Borer in Minnesota • Lake -• ai•dar.� )111ink-0- •v {. FaFt Minnetonka Min neonka --_-- ""- I Dij The green line . • r shows the ' Generally Infested �� x1 rc sk--� Area All infested - trees are not Edlna 'I' In 2017; 25 ash shown on this map. - Excels}.- trees were Lorre -- .. .".ake Park confin-ned to have e EAR in this area. . • Park ;;rr + 1 Ed.inxab B3fl Found Park C16e CrFkaerrar kakxe Ann r.aRa Got Cyr+ Park [fl:illi. • Ii irk Club r . ` ' V.M.IFSe6 •f ��r Eden1Prairto — I r. U Miter Far _ekae 2'`t Enar Ih .a. I Pork hl4rd[•Afr f� 0. Fir sa ',sr* an!r C4ub ____..../7 LIE.. .�]: Sr4r.np Lake Park F{IlE i 'r rapt[ I hr .Cio1 Flying r•• C.; t'r�rtarlcr ti A:o.c.Xrrpa rr.f Lake . Park I Jac — r • - • 3. YF.RIF f Shakopee 1,,I • CanDarbury , . ./ Park -I • Sa vaa g M1.4 Source: MDA Interactive EAB Map 26 I Sage Lvii rth i Rainbow Treecare February 26, 2018 City of Eden Prairie Jacob Busiahn Forestry and Natural Resources Specialist 15150 Technology Dr. Eden Prairie, MN 55344 Sent via e-mail to: jbusiahn@edenprairie.org Re: Rainbow Treecare Proposal for Tree Injection Services to the City of Eden Prairie Dear Mr. Busiahn: I am enclosing the quote from Rainbow Treecare to the City of Eden Prairie for the treatment of public and private ash trees by the means of trunk injection to help control the spread of EAB (Project). This proposal includes a list of qualifications and pricing for the treatment of Municipal and Homeowner Trees. Rainbow Treecare (RTC) has a widespread reputation as Minnesota's premier arboriculture company. In addition to offering competitive pricing for ash tree protection, we also offer a great value in our municipal customer service and outreach and education to homeowners. As part of this proposal we offer: • Dedicated full-time municipal consulting and GIS staff • Design, printing, and mailing of co-branded flyers to residents (examples attached) • National experience in the impacts and management of EAB in communities Thank you for considering Rainbow Treecare for this important project. I look forward to your response. Respectfully, c Jeff Hafner Director of Municipal Consulting Rainbow Treecare 952-252-0596 c i1 q940 Rainbow Treecare Proposal for Tree Injection Services Rainbow rre "°'c I. GENERAL PROVISION A. Request for Bids The City of Eden Prairie is requesting a bid from Rainbow Treecare to provide tree injection services for ash trees on City property (parks and right-of-way (ROW)) and private property over a three (3) year time period. This proposal itemizes the costs for tree injection within each area. Refer to Attachments (A), (B), and (C). The ash tree injections on City properties are a known quantity, but the trees on private property are not known and there is no guarantee of participation in the program. The bid being obtained for tree injections on private property enables property owners in Eden Prairie to receive a bulk discount for participating in the City program along with the work being completed on City properties. GPS points must be collected/updated for each tree injected. Rainbow Treecare will be provided a username and password with limited access to the City"s tree inventory. Rainbow Treecare is required to provide mobile devices which are compatible with the ArcGIS Collector application, which requires internet access. If Rainbow Treecare desires, the City will provide the point feature class (.shp or .mdb) with all collected/updated ash tree data. Ash trees must be injected with TREE-age®, ArborMectin, or other liquid formulation of 4% emamectin benzoate labeled for tree injection approved by the City. The selected contractor will provide the appropriate injection equipment, insecticides, and trained personnel to complete the project in the time set forth in this agreement. Area 1- City property (right-of-way and parks) • Approximately 1054 ash trees (18,298 diameter inches at breast height) o 279 trees are in parks, 775 trees are in the ROW. o Ash tree injections on public property will be completed over three (3) years, with 370 completed in year one (1), 375 in year two (2), and 309 in year three (3). o The City reserves the right to increase or decrease quantities. • All ash injections must be completed between June 1st- July 31st of each year. o Any variances in dates must be approved by the City. • Rainbow Treecare must update the City's tree inventory using ARCGIS online for all injected ash trees. • All invoices will be remitted to the City of Eden Prairie and itemized by address/park listing and unique number assigned to each tree. Area 2 —Any Private Property within Eden Prairie <300" (treating 300 inches DBH and below on property) • The property owner will contact Rainbow Treecare directly to initiate an inspection (free of charge), receive a quote and provide permission for work. An ISA Certified Arborist must provide the inspection/consultation. • Rainbow Treecare must collect GPS data using the City"s ARCGIS online account for each injected tree. Data will be made available to contractor upon request. 11Page • All ash injections must be completed between June 1st and September 30th of each year or before fall leaf color, whichever occurs sooner. • Any variances in dates must be approved by the City. • All invoices will be remitted to the property owner. • With approval from the City, residents may hire the successful contractor to treat trees on public property which are not being treated by the City. This circumstance shall meet all requirements of Area 2. Area 3 —Any Private Property within Eden Prairie >300" (treating 301 inches DBH and above on property) • The property owner will contact Rainbow Treecare directly to initiate an inspection (free of charge), receive a quote and provide permission for work. An ISA Certified Arborist must provide the inspection/consultation. • Rainbow Treecare must collect GPS data using the City"s ARCGIS online account for each injected tree. Data will be made available to contractor upon request. • All ash injections must be completed between June 1st and September 30th of each year or before fall leaf color, whichever occurs sooner. • Any variances in dates must be approved by the City. • All invoices will be remitted to the property owner. • With approval from the City, residents may hire the successful contractor to treat trees on public property which are not being treated by the City. This circumstance shall meet all requirements of Area 3. B. Proposers A proposer must be a properly insured, respected, financially viable company that has been in business for at least five (5) years, with at least three (3) years of experience performing plant health care or injection treatments for local units of government or other public agencies. The company must have the ability to assist in formulating a marketing and education plan and materials in order to promote the program to the public. There must be at least one ISA certified arborist available to supervise the program and the application crew(s). All members of the application crew must be licensed Minnesota commercial pesticide applicators. The proposer must have at least one person available to GPS each tree injected on private property for inclusion in the City"s tree inventory and update inventoried trees injected on public property. Each proposer must provide a list of three (3) municipal or public agency references. The work should not be more than five (5) years old. Refer to Attachment (D) Qualifications. C. Instructions for Proposal All Proposals must be: • Written in ink or typewritten on a proposal form with all requested information. • Emailed, hand delivered or received by the deadline established. Questions about the proposal, selection, reporting requirements or approvals should be directed to Jacob Busiahn, Forestry and Natural Resources Specialist at the City of Eden Prairie at (952) 949-8463 or via email at: jbusiahn(c�edenprairie.orq . D. Insurance 21Page Contractor provide a certificate of liability insurance, listing the City of Eden Prairie as a Certificate Holder covering all activities within the scope of the contract performed by Rainbow Treecare. The policy must have a single limit liability coverage minimum of$1,000,000.00 and meet all requirements found in 9. of the Preliminary Statement in ,Attachment (E)—Agreement for Professional Services Contract". Contractor must provide required insurance coverage prior to starting work. E. Contract Form The contract form of agreement will be furnished by the City of Eden Prairie. The City"s contract is found in Attachment (E). F. Contractor Selection The City will select the contractor based on its evaluation of quality, experience, price and other factors it deems to be in the City"s best interest. The City reserves the right to reject any and all proposals. G. Contract Period and Project Completion Dates The contract will commence on date of contract award in June 2018 and terminated September 30, 2020 unless terminated sooner in accordance with the provisions contained in this contract. At the expiration of the initial contract term, the City, at its sole discretion may extend the contract for up to three (3) additional years. The proposal price for the optional years shall be, at minimum, the proposal price for 2018 adjusted by the percentage increase in the consumer price index for all urban areas (CPI-U) from December 2017 to December 2018. Both the City and Rainbow Treecare must agree to such terms in writing. The tree injection period for City Trees (Area 1) will run from approximately June 1st-July 31st of each year. The tree injection period for Private Trees (Area 2&3) will run from approximately June 1st- September 30th of each year. Injections will occur on trees that have fully expanded leaves and have not reached fall senescence (fall leaf color). The City reserves the right to extend or limit the time period based on seasonal conditions. If the injection period proposed by the City cannot be met, list alternative deadlines in Attachment (D) Qualifications. Prior to beginning work under this contract, Rainbow Treecare must arrange for a meeting with City Forestry staff at which time specifications will be reviewed and the scheduling and progression of work will be discussed. At that meeting Rainbow Treecare shall be represented by the superintendent and the individual(s) arborist(s) who will be representing Rainbow Treecare during the progress of this contract. Assigned applicators may be required to provide an on-site demonstration prior to the start of the project. To arrange for such a meeting, call Jacob Busiahn at (952) 949-8463. The meeting must take place prior to the intended start of work and no work may commence without such a meeting. The entire project must be completed by September 30th of each year unless the City approves an extension or alternate proposed timeline. H. Subcontractor No subcontractors will be allowed for the injection contract. The qualifying contractor must be capable of completing all tree injection, GPS, and marketing work as specified. 3 1Page I. Superintendence by Contractor Rainbow Treecare must have a competent superintendent who is an ISA Certified Arborist supervising all application crews. Rainbow Treecare must also provide an adequate and qualified staff certified by the Minnesota Department of Agriculture for the proper coordination and expediting of work under this agreement. Resumes/lists of qualifications must be included in the proposal, see Attachment (D) Qualifications for requirements. J. Basis of Payment Payment for injections on City property will be made within 30 days of acceptance of the work, based on the City"s claims list. Rainbow Treecare is responsible for invoicing the property owner for tree injections on private property and collecting those payments. The City has no responsibility for the private property tree injections or any other services provided on private property. Rainbow Treecare is responsible for taking any action needed to collect any unpaid invoices with respect to these services. II. Tree Injection Specifications A. General It is the intent of these specifications to describe the tree injection program requirements for each area. (a) Area 1: City property (b) Area 2: Private property <300" (c) Area 3: Private property >300" The goals of the program are to: • Protect ash trees from emerald ash borer infestation on public property. • Provide a bulk discount through a formal City program to encourage private property owners to proactively inject their ash trees in order to preserve the City"s tree canopy and the accompanying economic and environmental benefits. • Educate City residents about the benefits of tree injection treatments for high value ash trees as part of the City"s overall EAB management plan. • Collect GPS points for injected ash trees growing on private property. The information will be used to ensure communication occurs before condemning potentially protected trees, and to gauge the participation and success of the program over time. B. Equipment and Treatment Specifications Applicators must demonstrate proficiency with the injection equipment and knowledge of the products used to prevent EAB. Assigned applicators may be required to provide an on-site demonstration prior to the start of the project. A description of Rainbow Treecare"s training program is required in Attachment (D) Qualifications. Industry Standards: Rainbow Treecare must use work methods, safety procedures and personal protective equipment conforming to all ANSI A300, Z133 and OSHA standards in performing the work under this contract. Rainbow Treecare must supply any Material Safety Data Sheets (MSDS) to the City upon request. Formulation Rates: 41Page It is the responsibility of Rainbow Treecare to follow all insecticide or fungicide label instructions. Any alterations in the formulations or equipment must be approved in advance by the City unless otherwise specified in this contract. In order to remain responsive to emerging research, the City reserves the right to request a change in formulation rates or application methods for the duration of the contract. Any such change and additional costs incurred would be agreed to in written correspondence between Rainbow Treecare and the City. 1) All injections of ash trees must be with a liquid formulation of TREE-age®, ArborMectin or City approved formulation of emamectin benzoate -4%. The City may give preference to formulations that pose the lowest health risks to applicators as determined by the US EPA signal word listed on the product label. No substitutions of the formulations shall be allowed unless approved by the City. 2) All City Trees (Area 1) are to be treated every 3 years unless otherwise specified by the City. The City reserves the right to change this interval at any time in response to the latest research and pest pressure. Private Trees (Area 2&3) are proposed to be treated every 3 years, with the option for the property owner to request treatment every 2 years. 3) As shown on the specified chart Attachments (A), (B), and (C) - For City trees (Area 1), the rates of injection shall be at the low rate (2.5 ml / inch DBH) for trees <20" DBH and at the medium rate (5 ml / inch DBH)for trees =>20" DBH. For private trees (Area 2&3) the same injection rates are recommended, but not required. A minimum two year warranty must be provided to private property owners - Rainbow Treecare is allowed to exceed the recommended injection rate if they feel necessary to provide the warranty. 4) Injections must be made at the soil line to ensure the best distribution of the insecticide throughout the tree. Trees equal to or greater than 20 inches DBH must be injected with a Tree I.V., Q-Connect plug-less injection system, or other approved system, diluted with water. A pneumatic gun is not allowed in performing the injections. Rainbow Treecare may have to pull back mulch, grass, or soil. Equipment: It is the responsibility of Rainbow Treecare to provide all necessary equipment to complete the contract under these specifications. 1) Equipment must remain in proper operating condition throughout the term of the contract. Rainbow Treecare is responsible for cleaning and providing upkeep to the injection system on a daily basis. Any maintenance issues or repairs are the sole responsibility of Rainbow Treecare. 2) Contractor must use a high-helix drill bit and must replace the drill bits after every 100 DBH inches to maintain high efficiency. Drilled holes must be the size recommended by the injection equipment manufacturer. 3) Injection holes on ash must be drilled to a depth of approximately 1 inch below the bark to maximize delivery of chemical into ash trees. 4) All injected trees must be tagged with the year of injection clearly indicated on the tag. Rainbow Treecare must provide tags for all injected trees (public and private). The tags must be of a design and type that can persist on the tree for at least 3 years. C. Guarantee and Warranty A minimum two year warranty must be provided for all tree injections, both City and private injections. The proposal must offer a clear written guarantee and warranty for tree injections based on contractor dictated criteria. Describe the period of time and all criteria and eligibility for ash tree injections in Attachment (E) Qualifications. If a healthy injected tree dies of EAB within the guarantee period, Rainbow Treecare must uphold their agreement with the property owner as written within the proposal. 51Page The warranty may vary for City and private trees. The contractor is encouraged to consider a warranty going into the third year with an acceptable amount of tree dieback, as research suggests protection into the third year with the specified product. D. Tree Feature Class Attributes GPS points compatible with Esri"s ArcGIS for Desktop version 10.4.1 must be collected for each private tree injected. Rainbow Treecare will be provided a username and password with limited access to the City"s ArcGIS database and required to collect/update GPS points for all injected ash trees. Ash trees on public property already have GPS points created, but will need to be updated. GPS points for trees on private property will need to be created and attributes collected. Rainbow Treecare is required to provide mobile devices which are compatible with the ArcGIS Collector application, which requires internet access. If Rainbow Treecare desires, the City will provide the point feature class (.shp or .mdb) with all collected/updated ash tree data. Every effort should be made to collect x-y coordinates within 5 meters of the tree. In the event this accuracy cannot be met, horizontal accuracy of 20 meters will be accepted if verified with aerial photography to ensure the approximate location of the tree on a property. The successful proposal will highlight the contractors work process to ensure that data collected is accurate, efficient and accountable. E. Property Access and Notification Rainbow Treecare shall leave a City provided notification at the door adjacent to each ROW tree which is treated; other than this Rainbow Treecare shall not enter private property without having previously obtained permission from the property owner. If Rainbow Treecare desires to enter private property to access trees on a City owned property, it is Rainbow Treecare responsibility to notify the underlying property owner by knocking on the door at the time of the site visit or making a phone call ahead of time. City Forestry staff should be notified of Rainbow Treecare"s intent on accessing a City site through private property. F. Contract Supervision and Form of Order to Proceed The City"s Forestry Division will assign trees on City property to Rainbow Treecare when the program commences. The City will continuously refer property owners interested in tree injections to Rainbow Treecare throughout the treatment period of June-September of each year in a format mutually agreed upon prior to the start of the program. The City will reserve the right to request locations planned for treatment during the week and conduct spot checks. G. Marketing Injection Program to Private Property It is the City"s intent, through this contract, to increase the number of ash trees properly treated on private property. Marketing will be a large component of this. The City will do a minimum of one postcard mailing to all property owners in Eden Prairie notifying them of the program, along with other marketing in the City brochure, website, at city events, and on social media accounts. It is planned to identify neighborhoods within the City which have a high density of ash trees and doing additional marketing in those areas. Rainbow Treecare is encouraged to assist with this marketing, but is not allowed to distribute any materials or information, door knock, or any other solicitation without prior approval from the City. 61Page It is a requirement of Rainbow Treecare to have at minimum one Certified Arborist attend the City"s Arbor Day Event to assist in marketing the program and answer any questions from residents. The 2018 Arbor Day celebration is scheduled April 28th, 10am-1 pm, and following Arbor Days are expected to be around the same date. Past Arbor Day events have drawn between 300-500 residents. It is allowed and encouraged for Rainbow Treecare to set up a separate table with approved marketing materials. H. Required Tree Inspections on Private Property On private property, prior to recommending treatment, all ash trees must be inspected by a qualified individual employed by Rainbow Treecare. There may be instances when a tree is not in suitable health or condition to recommend treatment and Rainbow Treecare must have an individual experienced in communicating tree information to the general public. The person assigned to inspect the trees and provide resident consultation must be an ISA Certified Arborist. The individual must be qualified to diagnose emerald ash borer and have experience evaluating tree condition. Additionally, the individual must be able to explain the benefits and risks of all ash protection options, with regard to pollinators, water quality, human health, and tree health and condition. These consultations must be provided to the property owner free of charge. Refer to Attachment (D) Qualifications. I. Required Tree Inspections on Public Property The list of trees to be treated on public property have been inspected and at the time of inspection deemed suitable for treatment. A second inspection by Rainbow Treecare is required before treatment to assess any unnoticed or new condition which may disqualify it from treatment. If any of the following conditions are present, Rainbow Treecare shall consult with the City"s Forestry Division before treatment. • More than 30% canopy decline • Signs of severe decay in trunk or major branches • A crack in trunk or major branch • Broken limbs larger than 4 diameter inches • Any fungal fruiting body on trunk • Any other condition which may make it unsuitable for treatment Applicators must have the knowledge to identify all of these conditions. J. Maps At the beginning of the contract performance period, the City will provide maps and working spreadsheets with the final ash trees to be injected on public property. K. Hours of Operations and Uniform Approved field working hours are 7am-7pm, Monday-Friday. Any work outside of this timeframe must be approved by the City beforehand. The certified applicators and GPS staff must wear company uniform and/or a high visibility/safety vest at all times during field operations. Every vehicle associated with the treatment program must display a company logo or name. III. Evaluation and Selection In order for the submitted bid to be considered it must provide a price on Attachment A, B, & C, as well as completed Attachment D. A selection committee comprised of City staff will review submitted bids. 71Page This committee will recommend acceptance based on individual evaluations of each submission, judged on the best interests of the City (not necessarily the lowest bid) including the following factors: A. Deadline All proposals will be considered that are received no later than the date specified on in this request for proposals. The City of Eden Prairie reserves the right to disregard proposals received after the specified deadline. B. Ash Tree Injection Price Bid Form for City Owned Property See Attachment (A) for required information. C. Ash Tree Injection Price Bid Form for Private Property within Eden Prairie <300" See Attachment (B) for required information. D. Ash Tree Injection Price Bid Form for Private Property within Eden Prairie >300" See Attachment (C)for required information. E. Total Bid Price listed on Attachment (A) Total bid price is based on a weighted average price per diameter inch for both public and private trees. 60% of the Total Bid Price is based on the price for public trees, and 40% of the Total Bid Price is based on the average price for private trees. The City is not required to accept the lowest bid. The Total Bid Price is calculated as follows. (Total cost to treat all public trees/the total DBH being treated) * 0.6 = $ ((Average cost per inch to treat (Area 2) + Average cost per inch to treat (Area 3))/ 2) * 0.4 = $ = $Total Bid Price F. Qualifications of Proposers See Attachment (D)for required information. G. Timeline for Completion Proposers must be able to complete all of the guaranteed treatments on City property (Area 1) by July 31st and all other ash treatments by September 30th of each calendar year during the three year contract period. All private property ash tree treatments must be completed within this proposals specified dates following the customers request. H. Industry Accepted Standards All work must comply with ANSI A300 industry standards and practices listed in the International Society of Arboriculture`s "Best Management Practices - Tree Injection". 81Page I. Contact Information/Questions Questions about the selection, reporting requirements or approvals should be directed to Jacob Busiahn, Forestry and Natural Resources Specialist for the City of Eden Prairie, at (952) 949-8463 or via email at: jbusiahn@edenprairie.org J. Attachments A) Ash Tree Injection Price Bid Form for City Property B) Ash Tree Injection Price Bid Form for Residential Private Property C) Ash Tree Injection Price Bid Form for Home Owners Association D) Qualifications E) Agreement 91Page Tree Injection Services Attachment A—Ash Tree Injection Price Bid for emamectin benzoate — Public Property- Area 1 - over three year time period at the Low Rate (2.5m1/tree diameter inch) for trees < 20" DBH and Medium Rate (5ml/tree diameter inch)for trees 20"+ DBH. All tree numbers are estimates. A minimum two year warranty must be provided. Work must meet all specifications in this document. PUBLIC TREES Contractor fills out= $$$ Avg. tree DBH=17" Estimated Estimated Unit Price Park trees treating=279 Number Total DBH mL/inch Total Price (A*B) ROW trees treating=775 Trees Inches (A) $/inch (B) Trees<20" 703 10,011 2.5 $3.40 $34,037.40 Trees 20"+ 351 8,287 5 $3.60 $29,833.20 1,054 18,298 (T1) Total N/A $63,870.60 Total bid price is based on a weighted average price per diameter inch for both public and private trees. 60% of the Total Bid Price is based on the price for public trees (T1), and 40% of the Total Bid Price is based on the average price for private trees (A1 &A2 found on Attachment B. & C.). The Total Bid Price is calculated as follows. ($63,870 / 18,298") * 0.6 = $2.09 (($5.58 + $5.08)/ 2) * 0.4 = $2.13 = Total Bid Price $4.23 Name of Rainbow Treecare Authorized Company: Signature: Date: 2/26/18 101Page Tree Injection Services Attachment B —Ash Tree Injection Price Bid for emamectin benzoate —Area 2 —Any Private Property within Eden Prairie <300" (treating 300 inches DBH and below on property) There is no guarantee on the number of trees that will be injected in this area, since the work will be initiated by private property owners. Tree injections completed for private property trees will be invoiced directly to the owner. Based on a 2010 survey, there are an estimated 50,000 ash trees (of which 30% are 12"+) in maintained areas within the City. For purposes of this proposal, you must provide a price for each diameter class. A minimum two year warranty must be provided to the property owner. The mL/inch listed for these trees are a recommendation, not a requirement-Rainbow Treecare is allowed to inject at a rate they feel necessary to provide warranty. Work must meet all specifications in this document. LESS THAN 300" ON PROPERTY Contractor fills out= $$$ mL/inch DBH Class (recommendation Unit Price$/inch (B) only, not requirement) Trees<20" 2.5 $5.25 Trees 20"-30" 5 $5.75 Trees 30"+ 5 $5.75 (A1) Average$/1" DBH* $5.58 *Average$/1" DBH =Total of all Unit Prices (listed in column B)/3 Name of Rainbow Treecare Authorized Company: Signature: Date: 2/26/18 111Page Tree Injection Services Attachment C —Ash Tree Injection Price Bid for emamectin benzoate —Area 3 —Any Private Property within Eden Prairie >300" (treating 301 inches DBH and above on property). There is no guarantee on the number of trees that will be injected in this area, since the work will be initiated by private property owners. Tree injections completed for private property trees will be invoiced directly to the owner. Based on a 2010 survey, there are an estimated 50,000 ash trees (of which 30% are 12"+) in maintained areas within the City. For purposes of this proposal, you must provide a price for each diameter class. A minimum two year warranty must be provided to the property owner. The mL/inch listed for these trees are a recommendation, not a requirement-Rainbow Treecare is allowed to inject at a rate they feel necessary to provide warranty. Work must meet all specifications in this document. MORE THAN 300" ON PROPERTY Contractor fills out= $$$ mL/inch DBH Class (recommendation Unit Price$/inch (B) only, not requirement) Trees<20" 2.5 $4.78 Trees 20"-30" 5 $5.23 Trees 30"+ 5 $5.23 (A2) Average$/1" DBH* $5.08 *Average $/1" DBH =Total of all Unit Prices (listed in column B)/3 Name of Rainbow Treecare Authorized („RD., ii,,..L. Company: Signature: Date: 2/26/18 121Page Tree Injection Services Attachment D — Qualifications If more room is needed, please attach additional sheets to the packet. 1. List number of years in business (5 years minimum): 42 2. How many years of experience does the company have in performing plant health care or injection treatments for local units of government or other public agencies (3 years minimum): 40 3. List of References/Communities worked for(3 references minimum). Community Name Contact Name Phone Number Last Work Date City of Burnsville Dave Grommesch 952-895-4508 2017 City of Minnetonka Hannibal Hayes 952-988-8436 2017 City of Roseville Anita Twaroski 651-792-7142 2017 City of Maple Grove Kelly Matzke 763-494-6365 2017 4. List names of person(s) who will supervise this contract, number of years of experience, and ISA Certified Arborist number. Contract Supervisor Years of Experience ISA Certified Arborist# Jeff Hafner 20+ WE-6506A 5. List names of person(s) who will perform field inspections for this contract (providing estimates and tree evaluations), number of years of experience, qualifications and ISA Certified Arborist number. Consulting Arborist Years of Experience ISA Certified Arborist# Jesse Belter 8 MN-4468A Kyle Gillis 6 MN-4556A 13 Page Tree Injection Services Attachment D — Qualifications 6. List names of licensed Minnesota commercial pesticide applicators available for this contract and their qualifications. Date Name Certification Received Certification# Cory Anderson Core 11/17/2017 20162571 Evan Anderson Core & Rights-Of-Way 11/17/2017 20146979 Tim Beaudry Core 11/17/2017 20137128 Thomas Carlson Core 11/17/2017 20166421 Kevin Clay Core 11/17/2017 20144803 Brent Cooper Core 11/17/2017 20163339 Mike Frye Core 11/17/2017 20131157 Marcus Fuller Core 11/17/2017 20114810 Kyle Gillis Core 11/17/2017 20154564 Kyle Henning Core & Rights-Of-Way 11/17/2017 20144130 Andrea Johnson Core & Rights-Of-Way 11/17/2017 20162572 Troy Mason Core 11/17/2017 20163340 Eric Meyer Core 11/17/2017 20102608 Brandon Miller Core 11/17/2017 20108443 Alex Plattes Core 11/17/2017 20155202 Paul Schoenike Core 11/17/2017 20108150 Kevin Skager Core & Rights-Of-Way 11/17/2017 20155857 Andrew Stein Core 11/17/2017 20144222 Emma West Core 11/17/2017 20144129 Ross Trongard Core 11/17/2017 20176332 Robert Eller Core 11/17/2017 20172612 Peyton Vane Core 11/17/2017 20173236 Tyler Pitterle Core 11/17/2017 20169823 7. Please describe the training protocol for your applicators including length of time spent training, content, and methods you employ to ensure uniform, consistent tree protection results. Rainbow Onboarding and Orientation Training (ROOTS) Plant Health Care Technicians Outline Day 1 (PHC Basics/Spray Applications/Protocols) TIME LENGTH TOPICS INSTRUCTOR FORMAT 7:30-8:20 50m • Tree ID Kent Honl Needed 8:20 8:40 20m • Common Tree and Shrub Diseases found in Kent Honl PPT/discussion/ Minnesota In training CA folder test 14IPage 8:40—9:00 20m • Common Insect Pests Found on Trees and Kent Honl PPT/discussion/ Shrubs in Minnesota. In training CA folder test 9:00—9:20 20m • Tree Nutrition Kent Honl PPT/discussion/ In training CA folder test 9:20—9:40 20m • Treecare Division Expectations and General Mason PPT/Discussion Protocols. 9:40—9:55 15m BREAK 9:55—10:15 20m • Work Order Training Christina • Daily Production Report Training 10:15—11:10 55m • Rainbow Treecare PHC Products, Cooper/Nenning PPT/Discussion Formulations,Filling and Mixing 11:10-11:50 40m Lunch 11:50-1:20 90m All Station 1 Narveson/Cooper Field • Chemical and tool Storage,PPE,Container Demo/Hands rinsing and disposal on Training 1:20—3:45 145m All station 2 Narveson/Galvin Field • Truck filling,Chemical mixing,Triple Rinsing Demo/Hands on Training 3:45—4:00 15m Conclude day and preview next day Mason Day 2(PHC Basics/Spray Applications/Protocols) TIME LENGTH TOPICS INSTRUCTOR FORMAT 7:30-7:45 15m Roll call Mason Field Demo/Hands Truck assignments on Training 7:45—10:00 135m Station 3-sprays Henning 45m • Insect Sprays(Foliar vs.Trunk and Limb Field Demo/Hands on Training 30m • Fungal Sprays(conifer vs.deciduous) Field Demo/Hands on Training 15m • Small tree vs.Large tree Field Demo/Hands on Training 15m • How Much Spray is enough? Field Demo/Hands on Training 10m • Pressure Settings Field Demo/Hands on training 15m • Backpack Sprayer Field Demo/Hands on Training 10:00-11:30 90m Station 5—EAB/Tree id Mason/Gillis Field Demo/Hands on Training 11:30-12:00 30m Lunch Field Demo/Hands on Training 12:00—2:15 135m Station 4 -Soil apps Narveson Field Demo/Hands on Training 30m • Rainbow Treecare Soil Application Field Demo/Hands Protocols and Equipment on Training 15m • Root Feeder/HTI 2000 Calibration Field Demo/Hands on Training 30m • Soil Applications with the HTI 2000/Soil Field Demo/Hands Drench on Training. 30m • Soil Applications with the Root Field Demo/Hands Feeder/possible obstructions on Training 10m • Pump Pressure Settings(1 or 2 applicators) Field Demo/Hands on Training 15IPage 15m • Backpack Use Field Demo/Hands on Training 2:15—3:45 90m Station 6-Driver Training Cooper/Galvin/ Field Demo/Hands Nordstrom on Training _ • Driver Test Field Demo/Hands on Training • Backing Training/Test Field Demo/Hands on Training 3:45—4:00 15m Conclude day and preview next day Field Demo/Hands on Training Day 3(PHC Basics/Spray Applications/Protocols) TIME LENGTH TOPICS INSTRUCTOR FORMAT 7:00-4:00 • Ride-a-longs;Treecare applications. First MTKA/experienced Fieldwork day of applications. applicators Day 4(PHC Basics/Spray Applications/Protocols) TIME LENGTH TOPICS INSTRUCTOR FORMAT 7:00-4:00 • Ride-a-longs;Treecare applications. First MTKA/experienced Fieldwork day of applications. applicators Rainbow Treecare is accredited by the Tree Care Industry Association, a designation that requires thorough annual reviews of company-wide training, safety programs and record keeping. 8. List of equipment available for this project to inject ash trees. Rainbow Treecare currently has 40 Q-connect systems in use. We manufacture the Q-connect injection systems in our Minnetonka warehouse and additional systems can be brought into service overnight if needed. 16IPage Tree Injection Services Attachment D — Qualifications 9. Please describe the guarantee, warranty period and eligibility for ash treatments (both public and private). Rainbow Treecare 2018 Emerald Ash Borer Protection Guarantee Rainbow Tree Company Guarantees: Your ash tree will not die from an Emerald Ash Borer(EAB) infestation while under our guarantee. If your ash tree dies from an EAB infestation while under guarantee,you will be refunded your last EAB treatment cost. We will deliver treatments using research tested products using the most up to date protocols to provide for optimal effectiveness. We will visually inspect your protected tree(s)every 1-2 years to examine for evidence of Emerald Ash Borer infestation.This inspection may take place at the time of re-treatment.We are available to look at your tree at any time should you be concerned about its condition. This guarantee is fully transferable to a new property owner. Our trunk injected emamectin benzoate EAB guarantee will begin upon treatment and will last for two years from the date of treatment.The guarantee will not lapse if the re-treatment has been approved prior to the expiration of the two year warranty period and your account is in good standing. You may elect to have us auto-renew your treatment(s)for your convenience and to make sure your trees remain protected. You will still be provided the cost of treatment and notified prior to the work being performed. For those choosing not to auto-renew their treatment—you will be contacted about re-treatment in the spring of the year your tree(s)are due for re-protection. .w rq >Y00% 59PSFAC/ UAW/TEE 10. As the majority of the ash trees in the City are on private property, it is a goal of this contract to promote proper treatment of healthy ash trees in these areas. Please list how the company can assist marketing this program to property owners in Eden Prairie. Describe or include examples of previous work and any ideas to reach out to our community. Rainbow Treecare has an in-house design and marketing team that specializes in tree care outreach on a national level with print and electronic (web) materials. • Print • Our local database contains hundreds of Eden Prairie property addresses with ash trees. This resource can be utilized to market directly to eligible homeowners. • Web • In addition to the extensive Rainbow Treecare property database, our website receives thousands of page views annually (106,000 page views in 2017). This web traffic could be leveraged to co-market the Project with the City. 171Page Tree Injection Services Attachment D — Qualifications Examples of previous work and ideas to reach out to Eden Prairie residents: 110•1ErAf RALf1 ASH BOPP ti:nr, I � , I IL .uus Q uumhNc 95.:Ms,3870 MAC • 'YEulka ASH 3NJECTION PROGRAM • "'^" " '""'"' St Louis Park ASH INJECTION PROGRAM num. *Oct ocommosonumonsrdow.s,sussis nr?een, sain nano • ak Ask it:aaosE .ef .w.� A. IP Example of a municipal landing page created for homeowners • cefniienr. 1 rreecnm tawrrcare pe.t.u.J. Mali v e iomad Zonl pay tsss.M3-]E I ^+14 0952-9fl-311110 flee services Commercial Municipal I Lan lisle I Cur Warts City-Wide Group Discount le T }k d rhor Shakopee totont�hD. y �'f aentrees parlam6boulevards pre,arau !no table ST-1AKOPEE y� e•� 1 or Prin.Ash Erect IE.!This pumen a hlp O.elfin city. an h q�•ds um stoup discount&roue waa (te / . Liu%rrU'y Espjrti Schedule`your FREE consultation! *Thar aseTV w®Doge Ywrsnpronayowtmb]G years for Ms flue tit $IOI.,..e..e.e.,, r.,r m.errra.w • This partnership often a onanide Mmeow a grasp tltrount bon,Ong vanes as nc based an nee tn.. SI.030-S1,700 new srz9wllfaednennoMave^andOdIrn try pxnhosv euae,cnnr Proven praa pony „ rr . Ranh.neerare hasinnted,hrh adwewt!.arm,me country=den.are moat Wean nclton prorertrn and saner aN nes Ev.salaJons SR.vonmens arefiee an our consul.,aworna Ell nit von,Sou to make in best cMD.tar pow ne's Intl aunt neen Den,vas EA,w One Ent..uut,huanM Oslo ilte itISO MATED approach. approach.Sinew can wrthnand Ilghf m moderatee..ask 18IPage Tree Injection Services Attachment D — Qualifications If awarded this contract, it is the intent of Rainbow Treecare to schedule a meeting with the Eden Prairie communications team in order to present examples of the full suite of options to amplify the EAB program outreach to residents. Options include, but are not limited to: • Electronic graphics for display on message boards in City buildings • Text outlining Program details to be published in local print outlets • Postcard layout for homeowner (adjacent addresses) notification of public tree treatment • Banner graphics and printing to be displayed in City buildings • Create a shared file for City access to EAB images for municipal use 11. Will the company assist in identifying neighborhoods in the City with high ash populations on private property free of charge?Will the company pay for any mailings (City approved)to market the program? How much would the company be willing to spend on this? Yes—Rainbow Treecare budgets no less than $4,000 annually to pay for creation and postage of program information to homeowners. 12. Does the company have the necessary tools, equipment, and staff to inventory injected trees and collect data to comply with the specifications? Yes 13. Please list qualified staff available and briefly describe at least 2 tree inventory (GPS/GIS) projects completed by the company. Davin Shokes: Mr. Shokes will manage inventory data and provide maps and tables for the Project. As GIS Manager, Mr. Shokes has developed applications and mobile workflows to help commercial and municipal entities manage large tree populations. Mr. Shokes was awarded a Bachelor of Science Degree in Forest and Natural Resource Management with Urban & Community Forestry Specialization and has a strong understanding of statistics, geodatabase administration, and enterprise level software compatibilities. Example projects highlighted on the following page 191Page Tree Injection Services Attachment D — Qualifications City of Burnsville Ash Tree Treatment Project with Example Data Collected 4.1,110; . • - ti' - ., .��-t: .. {1 of2) ► 0 X �- t -- 11:' 4°` fI' Burnsville Ash Trees ,i 144.'1"v Addres-s 11017 - - r r - .1I.. Street SCHOOLCRAFT RD � _y - • . • • ,'"V a. Spaces FRPE _ - F 'A ' o 'ilipt VU - .'Fmy ..ae • ~I ', DEt04 2014 29.00 r } Condition 3 - i T_ t * ,X Comments mb ► ,r„' ' ii f ' i'Iti - App-rime June 17,2014 . • r `7, App Temp 75F - App Wind Spd 4 a 4"�YS,. I. App Wind Dr West • I, fa � d f if - App Actual • .,i� c ^' 4 ,,-,4• Dosage - ,,�s �.,� .51 ,'aeatl, `fi - N - Zoom to Get Directions Edit �. ISO' 'tip fi Ce ,r " Yya' — C fir N { �'�" - �' `�y rgl t' rl '!�-su°`r �j Y F s i or :`, f" J • • t. �rJ t 'r ~ 4 �IuJ` .�~ . �' `� i � ,il a - - ' 1-T ck n , 7 T, da E t ,, ',I t ,P2 _a w City of Lakeville ROW Tree Inventory and Street Reconstruction Impact Project with Example Data Collected -._ . • _• • • I' wc. - ;•••••° t•1.,....•i<•1•41 +•• • ••° 'i•' •• • .•_ 01•...•••.•1• ••l. i:••i•4H••1•.,.Cult •'. °• ••.I �p t••.: ,' -i�' a •• °• • ¢• • •• % ♦!i'2. fir• • ie - •. - • ••1 •••.,.••:!.^•,••••,ie,••a .0.••.• • •• 'J •ji . 'Y','•. . , C. . •—• •• !.• • • • • •• •• y(.•••1 ±+ • • "'•w• d•• Il .•4 • • •• 9 ••a.'6a'''' -.7.10 3q® •I�..'' a-• ri- .0... s•. ••+. . !II p F •� ' es , .• •• ��.JP i`s i.O.•• : 4 Imo. .r r • 1. .YJ*•F. •A•• ®••• .. ® `�• 4• . . 15. — r �.•dl,•.•.i[_ '•1•• • •8 ..6. •. :. Lees•:inepk.•.rw.F — ea•!5•+•!;'•.• • i••1. .' conch;., o_ Len..2 wh • .•••°... ••u • in.Rer•-N Keep �-1 ; •e' :e' •F a..! , • 'E. c•mm _am1 .raw.Nee,.,. 061.1 MI5 y ' u, a e., .teee.-.°2- .,,'ifs. E�,rr_F�,_aroJ� w.00 • Cut a ••. `a•.•° - e a,mp-Eal+s azance_ I-. .-• ` I ' • i&3.1 '•..1 °... ' J l M Nueac ae.c_c._K_935 .od it ` .. -• • V• • 1.0_k .30,371,255.36 y .. e} v ld• .: •' J . It1IM Y 5.5)6A26.53 t'` ' -i J ®°,• EmSne .n12.2019 •J, g0C J m e marA26,101. • •,.. • 471 WOG 926jpp M ' �� 1�, p ■°e•, ' 1 ' Amu. 16119 FINO-I WAY ROSENWNT 55060 J . ` I vmb'a'I acre el, • - ,wdmem:: rroxndomenn round rd...Rsna m@on 4/2010 n 1 5;NI 201Page Tree Injection Services Attachment D — Qualifications 14. Can the company perform tree injections from approximately June 1st through September 30th each year during the contract period? If not, please note alternate timelines below. Yes 15. Can the company complete all tree injections on Public Property (Area 1)within June 1st-July315teach year during the contract period? If not, please note alternate timelines below. Yes 16. How many tree injections can the company complete in one day for this project (estimated)? 125 21IPage 2017 06 01 Agreement for Contract Services This Agreement ("Agreement") is made on the 20th day of March, 2018 , between the City of Eden Prairie , Minnesota (hereinafter " City" ) , whose business address is 8080 Mitchell Road, Eden Prairie , MN 55344 , and Rainbow Treecare, a Minnesota Complany(hereinafter " Contractor " ) whose business address is 11571 IK-Tel Drive, Minnetonka, MN 55343 . 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 Tree Injection Services 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 March 20 , 2018 . The Work shall be completed by September 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 per tree based on the tree size outlined in Exhibit A, with total payments made in the three year period not to exceed $ 63 , 870 . 60 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 Standard Agreement for Contract Services 2017 06 01 . 01 Page 2 of 10 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 occur ence $ 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 Standard Agreement for Contract Services 2017 06 01 . 01 Page 3 of 10 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 evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements . Standard Agreement for Contract Services 2017 06 01 . 01 Page 4 of 10 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 attorneys fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance . hxcept 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 10 3 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 THh CONTRACTOR' S LIABILITY TO THOSh DETECTS 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 10 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 10 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 8of10 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 4 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 10 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 10 of 10 ��yy �f 4 4 Rainbow Treecare Proposal for Tree Injection Services RanbowTreecare I. GENERAL PROVISION A. Request for Bids The City of Eden Prairie is requesting a bid from Rainbow Treecare to provide tree injection services for ash trees on City property (parks and right-of-way (ROW)) and private property over a three (3) year time period. This proposal itemizes the costs for tree injection within each area. Refer to Attachments (A), (B), and (C). The ash tree injections on City properties are a known quantity, but the trees on private property are not known and there is no guarantee of participation in the program. The bid being obtained for tree injections on private property enables property owners in Eden Prairie to receive a bulk discount for participating in the City program along with the work being completed on City properties. GPS points must be collected/updated for each tree injected. Rainbow Treecare will be provided a username and password with limited access to the City's tree inventory. Rainbow Treecare is required to provide mobile devices which are compatible with the ArcGIS Collector application, which requires internet access. If Rainbow Treecare desires, the City will provide the point feature class (.shp or .mdb) with all collected/updated ash tree data. Ash trees must be injected with TREE-age®, ArborMectin, or other liquid formulation of 4% emamectin benzoate labeled for tree injection approved by the City. The selected contractor will provide the appropriate injection equipment, insecticides, and trained personnel to complete the project in the time set forth in this agreement. Area 1- City property (right-of-way and parks) • Approximately 1054 ash trees (18,298 diameter inches at breast height) O 279 trees are in parks, 775 trees are in the ROW. o Ash tree injections on public property will be completed over three (3) years, with 370 completed in year one (1), 375 in year two (2), and 309 in year three (3). o The City reserves the right to increase or decrease quantities. • All ash injections must be completed between June 1st- July 31st of each year. o Any variances in dates must be approved by the City. • Rainbow Treecare must update the City's tree inventory using ARCGIS online for all injected ash trees. • All invoices will be remitted to the City of Eden Prairie and itemized by address/park listing and unique number assigned to each tree. Area 2—Any Private Property within Eden Prairie <300" (treating 300 inches DBH and below on property) • The property owner will contact Rainbow Treecare directly to initiate an inspection (free of charge), receive a quote and provide permission for work. An ISA Certified Arborist must provide the inspection/consultation. • Rainbow Treecare must collect GPS data using the City's ARCGIS online account for each injected tree. Data will be made available to contractor upon request. 11Page 1 • All ash injections must be completed between June 1st and September 30th of each year or before fall leaf color, whichever occurs sooner . • Any variances in dates must be approved by the City . • All invoices will be remitted to the property owner . • With approval from the City , residents may hire the successful contractor to treat trees on public property which are not being treated by the City . This circumstance shall meet all requirements of Area 2 . Area 3 — Any Private Property within Eden Prairie > 300 " (treating 301 inches DBH and above on property) • The property owner will contact Rainbow Treecare directly to initiate an inspection (free of charge) , receive a quote and provide permission for work . An ISA Certified Arborist must provide the inspection/consultation . • Rainbow Treecare must collect GPS data using the City' s ARCGIS online account for each injected tree . Data will be made available to contractor upon request. • All ash injections must be completed between June 1st and September 30th of each year or before fall leaf color , whichever occurs sooner . • Any variances in dates must be approved by the City . • All invoices will be remitted to the property owner . • With approval from the City , residents may hire the successful contractor to treat trees on public property which are not being treated by the City . This circumstance shall meet all requirements of Area 3 . B . Proposers A proposer must be a properly insured , respected , financially viable company that has been in business for at least five ( 5 ) years , with at least three ( 3) years of experience performing plant health care or injection treatments for local units of government or other public agencies . The company must have the ability to assist in formulating a marketing and education plan and materials in order to promote the program to the public . There must be at least one ISA certified arborist available to supervise the program and the application crew(s) . All members of the application crew must be licensed Minnesota commercial pesticide applicators . The proposer must have at least one person available to GPS each tree injected on private property for inclusion in the City' s tree inventory and update inventoried trees injected on public property . Each proposer must provide a list of three (3 ) municipal or public agency references . The work should not be more than five ( 5) years old . Refer to Attachment ( D) Qualifications . C . Instructions for Proposal All Proposals must be : • Written in ink or typewritten on a proposal form with all requested information . • Emailed , hand delivered or received by the deadline established . Questions about the proposal , selection , reporting requirements or approvals should be directed to Jacob Busiahn , Forestry and Natural Resources Specialist at the City of Eden Prairie at ( 952) 949-8463 or via email at: ibusiahnRedenprairie . orq D . Insurance 2IPage Contractor provide a certificate of liability insurance , listing the City of Eden Prairie as a Certificate Holder covering all activities within the scope of the contract performed by Rainbow Treecare . The policy must have a single limit liability coverage minimum of $ 1 , 000 , 000 . 00 and meet all requirements found in 9 . of the Preliminary Statement in `Attachment ( E) — Agreement for Professional Services Contract' . Contractor must provide required insurance coverage prior to starting work . E . Contract Form The contract form of agreement will be furnished by the City of Eden Prairie . The City' s contract is found in Attachment ( E) . F . Contractor Selection The City will select the contractor based on its evaluation of quality , experience , price and other factors it deems to be in the City' s best interest . The City reserves the right to reject any and all proposals . G . Contract Period and Project Completion Dates The contract will commence on date of contract award in June 2018 and terminated September 30 , 2020 unless terminated sooner in accordance with the provisions contained in this contract. At the expiration of the initial contract term , the City , at its sole discretion may extend the contract for up to three ( 3) additional years . The proposal price for the optional years shall be , at minimum , the proposal price for 2018 adjusted by the percentage increase in the consumer price index for all urban areas (CPI - U) from December 2017 to December 2018 . Both the City and Rainbow Treecare must agree to such terms in writing . The tree injection period for City Trees (Area 1 ) will run from approximately June 1st-July 31st of each year . The tree injection period for Private Trees (Area 2 & 3 ) will run from approximately June 1st- S eptember 30t" of each year . Injections will occur on trees that have fully expanded leaves and have not reached fall senescence (fall leaf color) . The City reserves the right to extend or limit the time period based on seasonal conditions . If the injection period proposed by the City cannot be met , list alternative deadlines in Attachment ( D) Qualifications . P rior to beginning work under this contract , Rainbow Treecare must arrange for a meeting with City Forestry staff at which time specifications will be reviewed and the scheduling and progression of work will be discussed . At that meeting Rainbow Treecare shall be represented by the superintendent and the individual (s) arborist(s) who will be representing Rainbow Treecare during the progress of this contract . Assigned applicators may be required to provide an on -site demonstration prior to the start of the project . To arrange for such a meeting , call Jacob Busiahn at (952) 949- 8463 . The meeting must take place prior to the intended start of work and no work may commence without such a meeting . The entire project must be completed by September 30th of each year unless the City approves an extension or alternate proposed timeline . H . Subcontractor N o subcontractors will be allowed for the injection contract. The qualifying contractor must be capable of completing all tree injection , GPS , and marketing work as specified . 3IPage 3 I . Superintendence by Contractor Rainbow Treecare must have a competent superintendent who is an ISA Certified Arborist supervising all application crews . Rainbow Treecare must also provide an adequate and qualified staff certified by the Minnesota Department of Agriculture for the proper coordination and expediting of work under this agreement . Resumes/lists of qualifications must be included in the proposal , see Attachment ( D) Qualifications for requirements . J . Basis of Payment Payment for injections on City property will be made within 30 days of acceptance of the work , based on the City' s claims list. Rainbow Treecare is responsible for invoicing the property owner for tree injections on private property and collecting those payments . The City has no responsibility for the private property tree injections or any other services provided on private property . Rainbow Treecare is responsible for taking any action needed to collect any unpaid invoices with respect to these services . II . Tree Injection Specifications A. General It is the intent of these specifications to describe the tree injection program requirements for each area . (a) Area 1 : City property ( b) Area 2 : Private property < 300" ( c) Area 3 : Private property > 300 " The goals of the program are to : • Protect ash trees from emerald ash borer infestation on public property . • Provide a bulk discount through a formal City program to encourage private property owners to proactively inject their ash trees in order to preserve the City' s tree canopy and the accompanying economic and environmental benefits . • Educate City residents about the benefits of tree injection treatments for high value ash trees as part of the City' s overall EAB management plan . • Collect GPS points for injected ash trees growing on private property . The information will be used to ensure communication occurs before condemning potentially protected trees , and to gauge the participation and success of the program over time . B . Equipment and Treatment Specifications Applicators must demonstrate proficiency with the injection equipment and knowledge of the products used to prevent EAB . Assigned applicators may be required to provide an on -site demonstration prior to the start of the project. A description of Rainbow Treecare ' s training program is required in Attachment ( D) Qualifications . Industry Standards : Rainbow Treecare must use work methods , safety procedures and personal protective equipment conforming to all ANSI A300 , Z133 and OSHA standards in performing the work under this contract . Rainbow Treecare must supply any Material Safety Data Sheets ( MSDS ) to the City upon request. Formulation Rates : 41Page It is the responsibility of Rainbow Treecare to follow all insecticide or fungicide label instructions . Any alterations in the formulations or equipment must be approved in advance by the City unless otherwise specified in this contract . In order to remain responsive to emerging research , the City reserves the right to request a change in formulation rates or application methods for the duration of the contract . Any such change and additional costs incurred would be agreed to in written correspondence between Rainbow Treecare and the City . 1 ) All injections of ash trees must be with a liquid formulation of TREE- age R , ArborMectin or City approved formulation of emamectin benzoate - 4 % . The City may give preference to formulations that pose the lowest health risks to applicators as determined by the US EPA signal word listed on the product label . No substitutions of the formulations shall be allowed unless approved by the City . 2) All City Trees (Area 1 ) are to be treated every 3 years unless otherwise specified by the City . The City reserves the right to change this interval at any time in response to the latest research and pest pressure . Private Trees (Area 2 & 3) are proposed to be treated every 3 years , with the option for the property owner to request treatment every 2 years . 3) As shown on the specified chart Attachments (A) , ( B) , and (C ) - For City trees (Area 1 ) , the rates of injection shall be at the low rate (2 . 5 ml / inch DBH ) for trees < 20 " DBH and at the medium rate (5 ml / inch DBH ) for trees = > 20" DBH . For private trees (Area 2 &3) the same injection rates are recommended , but not required . A minimum two year warranty must be provided to private property owners - Rainbow Treecare is allowed to exceed the recommended injection rate if they feel necessary to provide the warranty . 4) Injections must be made at the soil line to ensure the best distribution of the insecticide throughout the tree . Trees equal to or greater than 20 inches DBH must be injected with a Tree I . V . , Q-Connect plug - less injection system , or other approved system , diluted with water . A pneumatic gun is not allowed in performing the injections . Rainbow Treecare may have to pull back mulch , grass , or soil . Equipment : It is the responsibility of Rainbow Treecare to provide all necessary equipment to complete the contract under these specifications . 1 ) Equipment must remain in proper operating condition throughout the term of the contract. Rainbow Treecare is responsible for cleaning and providing upkeep to the injection system on a daily basis . Any maintenance issues or repairs are the sole responsibility of Rainbow Treecare . 2) Contractor must use a high - helix drill bit and must replace the drill bits after every 100 DBH inches to maintain high efficiency . Drilled holes must be the size recommended by the injection equipment manufacturer . 3) Injection holes on ash must be drilled to a depth of approximately 1 inch below the bark to maximize delivery of chemical into ash trees . 4) All injected trees must be tagged with the year of injection clearly indicated on the tag . Rainbow Treecare must provide tags for all injected trees ( public and private) . The tags must be of a design and type that can persist on the tree for at least 3 years . C . Guarantee and Warranty A minimum two year warranty must be provided for all tree injections , both City and private injections . The proposal must offer a clear written guarantee and warranty for tree injections based on contractor dictated criteria . Describe the period of time and all criteria and eligibility for ash tree injections in Attachment ( E) Qualifications . If a healthy injected tree dies of EAB within the guarantee period , Rainbow Treecare must uphold their agreement with the property owner as written within the proposal . 51Page i 4 The warranty may vary for City and private trees . The contractor is encouraged to consider a warranty going into the third year with an acceptable amount of tree dieback , as research suggests protection into the third year with the specified product . D . Tree Feature Class Attributes GPS points compatible with Esri ' s ArcGIS for Desktop version 10 . 4 . 1 must be collected for each private tree injected . Rainbow Treecare will be provided a username and password with limited access to the City' s ArcGIS database and required to collect/update GPS points for all injected ash trees . Ash trees o n public property already have GPS points created , but will need to be updated . GPS points for trees o n private property will need to be created and attributes collected . Rainbow Treecare is required to provide mobile devices which are compatible with the ArcGIS Collector application , which requires Internet access . If Rainbow Treecare desires , the City will provide the point feature class ( . shp or . mdb) with all collected/updated ash tree data . Every effort should be made to collect x-y coordinates within 5 meters of the tree . In the event this accuracy cannot be met , horizontal accuracy of 20 meters will be accepted if verified with aerial photography to ensure the approximate location of the tree on a property . The successful proposal will highlight the contractor' s work process to ensure that data collected is accurate , efficient and accountable . E . Property Access and Notification Rainbow Treecare shall leave a City provided notification at the door adjacent to each ROW tree which is treated ; other than this Rainbow Treecare shall not enter private property without having previously o btained permission from the property owner . If Rainbow Treecare desires to enter private property to access trees on a City owned property , it is Rainbow Treecare' s responsibility to notify the underlying property owner by knocking on the door at the time of the site visit or making a phone call ahead of time . City Forestry staff should be notified of Rainbow Treecare' s intent on accessing a City site through private property . F . Contract Supervision and Form of Order to Proceed The City' s Forestry Division will assign trees on City property to Rainbow Treecare when the program commences . The City will continuously refer property owners interested in tree injections to Rainbow Treecare throughout the treatment period of June- September of each year in a format mutually agreed u pon prior to the start of the program . The City will reserve the right to request locations planned for treatment during the week and conduct spot checks . G . Marketing Injection Program to Private Property It is the City' s intent , through this contract , to increase the number of ash trees properly treated on private property . Marketing will be a large component of this . The City will do a minimum of one postcard mailing to all property owners in Eden Prairie notifying them of the program , along with other marketing in the City brochure , website , at city events , and on social media accounts . It is planned to identify neighborhoods within the City which have a high density of ash trees and doing additional marketing in those areas . Rainbow Treecare is encouraged to assist with this marketing , but is not allowed to distribute any materials or information , door knock , or any other solicitation without prior approval from the City . 61Page It is a requirement of Rainbow Treecare to have at minimum one Certified Arborist attend the City' s Arbor Day Event to assist in marketing the program and answer any questions from residents . The 2018 Arbor Day celebration is scheduled April 28th , 10am - 1 pm , and following Arbor Days are expected to be around the same date . Past Arbor Day events have drawn between 300- 500 residents . It is allowed and encouraged for Rainbow Treecare to set up a separate table with approved marketing materials . H . Required Tree Inspections on Private Property On private property , prior to recommending treatment , all ash trees must be inspected by a qualified individual employed by Rainbow Treecare . There may be instances when a tree is not in suitable health or condition to recommend treatment and Rainbow Treecare must have an individual experienced in communicating tree information to the general public . The person assigned to inspect the trees and provide resident consultation must be an ISA Certified Arborist . The individual must be qualified to diagnose emerald ash borer and have experience evaluating tree condition . Additionally , the individual must be able to explain the benefits and risks of all ash protection options , with regard to pollinators , water quality, human health , and tree health and condition . These consultations must be provided to the property owner free of charge . Refer to Attachment ( D) Qualifications . Required Tree Inspections on Public Property The list of trees to be treated on public property have been inspected and at the time of inspection deemed suitable for treatment . A second inspection by Rainbow Treecare is required before treatment to assess any unnoticed or new condition which may disqualify it from treatment . If any of the following conditions are present , Rainbow Treecare shall consult with the City' s Forestry Division before treatment . • More than 30 % canopy decline • Signs of severe decay in trunk or major branches • A crack in trunk or major branch ffP • Broken limbs larger than 4 diameter inches • Any fungal fruiting body on trunk • Any other condition which may make it unsuitable for treatment Applicators must have the knowledge to identify all of these conditions . J . Maps At the beginning of the contract performance period , the City will provide maps and working spreadsheets with the final ash trees to be injected on public property . K. Hours of Operations and Uniform Approved field working hours are 7am -7pm , Monday- Friday . Any work outside of this timeframe must be approved by the City beforehand . The certified applicators and GPS staff must wear company uniform and/or a high visibility/safety vest at all times during field operations . Every vehicle associated with the treatment program must display a company logo or name . III . Evaluation and Selection In order for the submitted bid to be considered it must provide a price on Attachment A , B , & C , as well as completed Attachment D . A selection committee comprised of City staff will review submitted bids . 7IPage This committee will recommend acceptance based on individual evaluations of each submission , judged on the best interests of the City ( not necessarily the lowest bid ) including the following factors : A. Deadline All proposals will be considered that are received no later than the date specified on in this request for proposals . The City of Eden Prairie reserves the right to disregard proposals received after the specified deadline . B . Ash Tree Injection Price Bid Form for City Owned Property See Attachment (A) for required information . C . Ash Tree Injection Price Bid Form for Private Property within Eden Prairie < 300 " S ee Attachment ( B) for required information . D . Ash Tree Injection Price Bid Form for Private Property within Eden Prairie > 300 " S ee Attachment ( C) for required information . E . Total Bid Price listed on Attachment (A) Total bid price is based on a weighted average price per diameter inch for both public and private trees . 60 % of the Total Bid Price is based on the price for public trees , and 40 % of the Total Bid Price is based on the average price for private trees . The City is not required to accept the lowest bid . The Total Bid Price is calculated as follows . (Total cost to treat all public trees/the total DBH being treated ) * 0 . 6 = $ ((Average cost per inch to treat (Area 2) + Average cost per inch to treat (Area 3) ) / 2) * 0 . 4 = $ _ $Total Bid Price F . Qualifications of Proposers S ee Attachment ( D) for required information . G . Timeline for Completion S roposers must be able to complete all of the guaranteed treatments on City property (Area 1 ) by July 31st and all other ash treatments by September 30th of each calendar year during the three year contract period . All private property ash tree treatments must be completed within this proposals specified dates following the customer' s request . H . Industry Accepted Standards All work must comply with ANSI A300 industry standards and practices listed in the International S ociety of Arboriculture ' s " Best Management Practices - Tree Injection " . 81Page I . Contact Information/Questions Questions about the selection , reporting requirements or approvals should be directed to Jacob Busiahn , Forestry and Natural Resources Specialist for the City of Eden Prairie , at (952) 949-8463 or via email at : ibusiahn (a) edenprairie . orq J . Attachments A) Ash Tree Injection Price Bid Form for City Property B) Ash Tree Injection Price Bid Form for Residential Private Property C) Ash Tree Injection Price Bid Form for Home Owners Association D) Qualifications E ) Agreement i 9IPage { Tree Injection Services Attachment A — Ash Tree Injection Price Bid for emamectin benzoate — Public Property - Area 1 - over three year time period at the Low Rate (2 . 5m1/tree diameter inch ) for trees < 20" DBH and Medium Rate (5ml/tree diameter inch ) for trees 20" + DBH . All tree numbers are estimates . A minimum two year warranty must be provided . Work must meet all specifications in this document. PUBLIC TREES Contractor fills out= $ $$ Avg. tree DBH=17" Estimated Estimated Unit Price Park trees treating=279 Number Total DBH mL/ inch $/ inch ( B ) Total Price (A * B ) ROW trees treating= 775 Trees Inches (A) Trees < 20 " 703 10, 011 2 . 5 $ 3 . 40 $ 34, 037 . 40 Trees 20 " + 351 8, 287 5 $ 3 . 60 $ 29, 833 . 20 1, 054 18, 298 (T1 ) Total N /A $ 63 , 870 . 60 Total bid price is based on a weighted average price per diameter inch for both public and private trees . 60 % of the Total Bid Price is based on the price for public trees (T1 ) , and 40 % of the Total Bid Price is based on the average price for private trees (Al & A2 found on Attachment B . & C . ) . The Total Bid Price is calculated as follows . ( $ 63 , 870 / 18 , 298") * 0 . 6 = $2 . 09 ( ( $ 5 . 58 + $ 5 . 08)/ 2) * 0 . 4 = $2 . 13 = Total Bid Price $ 4 . 23 Name of Rainbow Treecare Authorized �� t Company : Signature : Date : 2/26/ 18 101Page Tree Injection Services Attachment B — Ash Tree Injection Price Bid for emamectin benzoate — Area 2 — Any Private Property within Eden Prairie < 300 " (treating 300 inches DBH and below on property) There is no guarantee on the number of trees that will be injected in this area , since the work will be initiated by private property owners . Tree injections completed for private property trees will be invoiced directly to the owner . Based on a 2010 survey , there are an estimated 50 , 000 ash trees (of which 30 °/o are 12" +) in maintained areas within the City . For purposes of this proposal , you must provide a price for each diameter class . A minimum two year warranty must be provided to the property owner. The mL/inch listed for these trees are a recommendation , not a requirement- Rainbow Treecare is allowed to inject at a rate they feel necessary to provide warranty . Work must meet all specifications in this document . LESS THAN 300" ON PROPERTY Contractor fills out = $ $ $ mL/ inch DBH Class (recommendation Unit Price $/inch ( B ) only, not requirement) Trees < 20" 2 . 5 $ 5 . 25 Trees 20" -30" 5 $ 5 . 75 Trees 30" + 5 $ 5 . 75 (A1 ) Average $/ 1" DBH * $ 5 . 58 * Average $/ 1" DBH =Total of all Unit Prices ( listed in column B ) / 3 { Name of Rainbow Treecare Authorized etc.. Company: Signature : Date : 2/26/ 18 111Page Tree Injection Services Attachment C — Ash Tree Injection Price Bid for emamectin benzoate — Area 3 — Any Private Property within Eden Prairie > 300 " (treating 301 inches DBH and above on property) . There is no guarantee on the number of trees that will be injected in this area , since the work will be initiated by private property owners . Tree injections completed for private property trees will be invoiced directly to the owner. Based on a 2010 survey , there are an estimated 50 , 000 ash trees (of which 30 % are 12" +) in maintained areas within the City . For purposes of this proposal , you must provide a price for each diameter class . A minimum two year warranty must be provided to the property owner . The mL/inch listed for these trees are a recommendation , not a requirement- Rainbow Treecare is allowed to inject at a rate they feel necessary to provide warranty . Work must meet all specifications in this document . MORE THAN 300 " ON PROPERTY Contractor fills out = $ $ $ mL/ inch DBH Class (recommendation Unit Price $ / inch ( B ) only, not requirement) Trees < 20" 2 . 5 $ 4 . 78 Trees 20" -30" 5 $ 5 . 23 Trees 30" + 5 $ 5 . 23 ( A2 ) Average $/ 1" DBH * $ 5 . 08 * Average $/1" DBH =Total of all Unit Prices ( listed in column B ) / 3 Name of Rainbow Treecare Authorized ectoc,„ allaaejL Company: Signature : Date : 2/26/ 18 _ _12I1' age