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City Council - 04/17/2018
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,APRIL 17, 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 Jan Curielli Workshop-Heritage Rooms I and H(5:30) I. JOINT MEETING WITH RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT Open Podium - Council Chamber (6:30) II. OPEN PODIUM A. JOHN MALLO, SEN. STEVE CWODZINSKI—GUN CONTROL (6:40) B. ARRIVE EDEN PRAIRIE (6:50) III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,APRIL 17, 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. COMMENDATION AWARDS TO CIVILIAN RESPONDERS B. HENNEPIN COUNTY COMMISSIONERS JAN CALLISON AND DEBBIE GOETTEL C. ACCEPT DONATION FROM SCHOOL OF ROCK OF$1,000 FOR KIDSTOCK(Resolution) D. ARBOR DAY PROCLAMATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUS INESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 20, 2018 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 20, 2018 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SOUTHVIEW OF EDEN PRAIRIE by Southview Senior Communities. Second Reading of an Ordinance for PUD District Review with waivers on 2.58 Acres; Resolution for Site Plan Review on 2.58 Acres; Development Agreement CITY COUNCIL AGENDA April 17, 2018 Page 2 C. ADOPT RESOLUTION FOR PURCHASE OF TAX FORFEITED PROPERTIES WITHIN EDEN PRAIRIE D. AWARD CONTRACT TO BITUMINOUS ROADWAYS, INC. FOR RILEY LAKE PARK PARKING LOT REHABILITATION E. APPROVE CONTRACT WITH RES SPECIALTY PYROTECHNICS FOR FOURTH OF JULY FIREWORKS AT ROUND LAKE PARK F. AUTHORIZE AGREEMENT WITH HTPO FOR STARING LAKE PARK COURT IMPROVEMENTS PROJECT G. APPROVE AGREEMENT WITH HTPO FOR CONSTRUCTION PHASE SERVICES OF MILLER FIELD 11 RECONSTRUCTION H. AWARD CONTRACT TO MN ROADWAYS CO. FOR COURTS REHABILITATION AT HIDDEN PONDS PARK I. APPROVE 2017 UNBUDGETED FUND TRANSFERS J. ADOPT UPDATED CAPITAL ASSET POLICY K. APPROVE SERVICE AGREEMENT WITH WATERGUARDS FOR CONDUCTING WATERCRAFT INSPECTIONS L. APPROVE AGREEMENT WITH INSTITUTE COMMUNITY WORK CREW M. AUTHORIZE PURCHASE OF POWERBOSS ARMADILLO SWEEPER N. AUTHORIZE PURCHASE OF REPLACEMENT PLOW TRUCK AND DESIGNATE OLD CAB AND CHASSIS AS SURPLUS EQUIPMENT O. AWARD CONTRACT FOR 2018 MUDJACKING TO NORTHSTAR MUDJACKING& MORE P. AUTHORIZE PURCHASE OF ROAD SALT FOR 2018-2019 WINTER SEASON Q. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BOLTON & MENK FOR DUCK LAKE ROAD IMPROVEMENT PROJECT R. APPROVE AGREEMENT WITH WSB FOR HENNEPIN TOWN ROAD TURN LANE IMPROVEMENT PROJECT CITY COUNCIL AGENDA April 17, 2018 Page 3 S. AWARD CONTRACT TO OSSEO CONSTRUCTION CO. FOR RECONDITIONING OF HIDDEN PONDS WATER RESERVOIR T. APPROVE STANDARD AGREEMENT WITH REPUBLIC SERVICES FOR ASSISTING WITH ANNUAL COMMUNITY CLEAN UP DAY U. AMEND CONSERVATION EASEMENT OVER LOT 21, BLOCK 1 AT VILLAS AT MITCHELL LAKE V. ADOPT RESOLUTION APPROVING OLYMPIC HILLS OPEN SPACE EASEMENT AGREEMENT AMENDMENT by Brian and Angela Dingels. W. APPROVE COOPERATIVE AGREEMENT WITH DNR FOR WILDLAND FIRES X. AUTHORIZE EXECUTION OF REPRESENTATION AGREEMENT, REGARDING LITIGATION IX. PUBLIC HEARINGS/MEETINGS A. CODE AMENDMENT —BREWERIES/DISTILLERIES First Reading of an Ordinance Amending City Code Chapter 11, Relating to Breweries/Distilleries/ Taprooms/Cocktail Rooms X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 9 REGULATING SALES OF CATS AND DOGS AT PET STORES XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL AGENDA April 17, 2018 Page 4 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. Firearms Regulation XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: April 13, 2018 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, April 17, 2018 TUESDAY,APRIL 17, 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. COMMENDATION AWARDS TO CIVILIAN RESPONDERS B. HENNEPIN COUNTY COMMISSIONERS JAN CALLISON AND DEBBIE GOETTEL C. ACCEPT DONATION FROM SCHOOL OF ROCK OF $1,000 FOR KIDSTOCK(Resolution) MOTION: Move to adopt the Resolution accepting the donation from School of Rock of$1,000 for KidStock. D. ARBOR DAY PROCLAMATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. ANNOTATED AGENDA April 17, 2018 Page 2 VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 20, 2018 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 20, 2018 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-X on the Consent Calendar. A. CLERK'S LICENSE LIST B. SOUTHVIEW OF EDEN PRAIRIE by Southview Senior Communities. Second Reading of an Ordinance for PUD District Review with waivers on 2.58 Acres; Resolution for Site Plan Review on 2.58 Acres; Development Agreement C. ADOPT RESOLUTION FOR PURCHASE OF TAX FORFEITED PROPERTIES WITHIN EDEN PRAIRIE D. AWARD CONTRACT TO BITUMINOUS ROADWAYS, INC. FOR RILEY LAKE PARK PARKING LOT REHABILITATION E. APPROVE CONTRACT WITH RES SPECIALTY PYROTECHNICS FOR FOURTH OF JULY FIREWORKS AT ROUND LAKE PARK F. AUTHORIZE AGREEMENT WITH HTPO FOR STARING LAKE PARK COURT IMPROVEMENTS PROJECT G. APPROVE AGREEMENT WITH HTPO FOR CONSTRUCTION PHASE SERVICES OF MILLER FIELD 11 RECONSTRUCTION H. AWARD CONTRACT TO MN ROADWAYS CO. FOR COURTS REHABILITATION AT HIDDEN PONDS PARK I. APPROVE 2017 UNBUDGETED FUND TRANSFERS J. ADOPT UPDATED CAPITAL ASSET POLICY K. APPROVE SERVICE AGREEMENT WITH WATERGUARDS FOR CONDUCTING WATERCRAFT INSPECTIONS ANNOTATED AGENDA April 17, 2018 Page 3 L. APPROVE AGREEMENT WITH INSTITUTE COMMUNITY WORK CREW M. AUTHORIZE PURCHASE OF POWERBOSS ARMADILLO SWEEPER N. AUTHORIZE PURCHASE OF REPLACEMENT PLOW TRUCK AND DESIGNATE OLD CAB AND CHASSIS AS SURPLUS EQUIPMENT O. AWARD CONTRACT FOR 2018 MUDJACKING TO NORTHSTAR MUDJACKING& MORE P. AUTHORIZE PURCHASE OF ROAD SALT FOR 2018-2019 WINTER SEASON Q. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BOLTON & MENK FOR DUCK LAKE ROAD IMPROVEMENT PROJECT R. APPROVE AGREEMENT WITH WSB FOR HENNEPIN TOWN ROAD TURN LANE IMPROVEMENT PROJECT S. AWARD CONTRACT TO OSSEO CONSTRUCTION CO. FOR RECONDITIONING OF HIDDEN PONDS WATER RESERVOIR T. APPROVE STANDARD AGREEMENT WITH REPUBLIC SERVICES FOR ASSISTING WITH ANNUAL COMMUNITY CLEAN UP DAY U. AMEND CONSERVATION EASEMENT OVER LOT 21, BLOCK 1 AT VILLAS AT MITCHELL LAKE V. ADOPT RESOLUTION APPROVING OLYMPIC HILLS OPEN SPACE EASEMENT AGREEMENT AMENDMENT by Brian and Angela Dingels. W. APPROVE COOPERATIVE AGREEMENT WITH DNR FOR WILDLAND FIRES X. AUTHORIZE EXECUTION OF REPRESENTATION AGREEMENT. REGARDING LITIGATION IX. PUBLIC HEARINGS/MEETINGS A. CODE AMENDMENT —BREWERIES/DISTILLERIES First Reading of an Ordinance Amending City Code Chapter 11, Relating to Breweries/Distilleries/ Taprooms/Cocktail Rooms Synopsis: The purpose of the proposed code amendment is to address breweries, distilleries, taprooms, and cocktail rooms. These definitions are already included within Chapter 4 pertaining to Beer, Wine and Liquor Licensing Requirements ANNOTATED AGENDA April 17, 2018 Page 4 and these same definitions are proposed to be added to Chapter 11 pertaining to Land Use Regulations (Zoning). These uses are also proposed to be included as permitted uses within the Commercial and Industrial zoning districts, and parking requirements are proposed to be established as well. MOTION: Move to: • Close the public hearing; and • Adopt First Reading of the Ordinance to Amend City Code Section 11.02, 11.03, 11.25, 11.26, 11.27, 11.28, and 11.30 to include a definition for Brewer Taproom, Cocktail Room, Micro distillery, and Small Brewer, and to allow these uses as permitted uses in the Commercial and Industrial zoning districts, and to establish parking requirements for these uses. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS A. FIRST READING OF ORDINANCE AMENDING CITY CODE CHAPTER 9 REGULATING SALES OF CATS AND DOGS AT PET STORES MOTION: Move to: Approve first Reading of Ordinance Amending City Code Chapter 9, Adding Section 9.75, Relating to the regulation of sales of cats and dogs at pet stores. XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF ANNOTATED AGENDA April 17, 2018 Page 5 G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. Firearms Regulation XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations/Presentations April 17, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police Police Department Awards IV.A. James DeMann, Police Chief Background Chief DeMann will be at tonight's meeting to present Commendation Awards and Letters of Recognition to six civilians who helped victims of a January 22, 2018 traffic crash on Highway 5. After Chief DeMann reads the award, the Mayor is welcome to join him at the podium to present the awards and for photos. CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations April 17, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer, Director, Donation from School of Rock for KidStock VIII.C. Parks and Recreation Requested Action Move to: Adopt Resolution accepting the donation of$1000 from School of Rock to go towards KidStock. Synopsis The donation of$1000 from School of Rock will go towards KidStock. KidStock is a summer-long kids concert series, free to the public. 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$1000 to be used towards KidStock from the School of Rock is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 17th day of April, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk ITEM NO.: IV.D. PROCLAMATION ARBOR DAY - April 28, 2018 WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air,produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for homes, fuel for our fires and countless other wood products; and WHEREAS,trees, whenever they are planted, are a source of joy and spiritual renewal; and WHEREAS, Eden Prairie has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree stewardship and tree planting ways. NOW, THEREFORE, I,Nancy Tyra-Lukens, Mayor of the City of Eden Prairie, Minnesota, do hereby proclaim April 28th, 2018, as Arbor Day in the City of Eden Prairie, and urge all citizens to support efforts to protect our trees and woodlands and to support our city's urban forestry program; and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well-being of present and future generations. ADOPTED by the Eden Prairie City Council on April 17, 2018. Nancy Tyra-Lukens, Mayor ITEM NO. VI. A. UNAPPROVED MINUTES 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) L ASPIRE EDEN PRAIRIE 2040 Julie Klima, City Planner, presented an update on Aspire Eden Prairie 2040 specific to land use classifications and parcel-specific considerations. Klima noted changes in the current residential land use designations, medium and low density, would allow for additional development opportunities on infill properties. Mayor Tyra-Lukens inquired if the Metropolitan Council is driving these changes. Klima replied the City is primarily driving the changes based on the Housing Study Inventory. Tyra-Lukens noted residents may not respond well to increased density in neighborhoods, specifically if the new developments are very different than the appearance of the rest of the neighborhood. Klima added there will be text in the Comprehensive Plan specifying what the built environment and development expectations should be for these infill properties. Council Member Nelson noted land owners may consider dividing their property and selling a portion of the land for homes to be built. Homes developed on open lots should be a similar price range to surrounding homes. Klima replied, in regards to splitting lots, there are several safe guards in place such as zoning, public hearings, and the Planned Unit Development (PUD)process. Staff is continuing to look at what the impact is. John Houseal, Houseal Lavigne Associates consultant, added the intent is to not alter the existing character of neighborhoods but to address the deficiency in product types to meet the community's needs. Council Member Case noted some properties listed look as though they would be large enough for three to five units per acre. Council Member Aho inquired what the total acreage of the priority infill land is. Klima responded there are 130 acres total for priority infill, City Council Workshop Minutes March 20, 2018 Page 2 varying in size from one acre to thirty acres. Nelson added there are a variety of housing types in the area,but one-level detached houses are missing in the community. Klima discussed the Transit-Oriented Development(TOD) area designation language included in Aspire. TOD includes residential, mixed use, and employment categories. Staff proposes reguiding the vacant United Health Group parcel, Shady Oak Retail Center, TAGS Gymnastics site, the Liberty Plaza property, the mini storage location, an office building being used for a place of worship, and Southwest Station Park and Ride. Staff proposed a TOD employment designation for Emerson Rosemount Property, mixed use for the Rosemount Emerson park property, and TOD employment with a focus on office development for the Costco property. Case inquired why the entire strip of land north of T.H. 212 would not be designated as mixed use. Houseal responded it could all be mixed use, but in terms of access and visibility the area at the intersection is targeted. Case added, in the future, the entire area would be suitable for PUD large development. Could the City preguide the entire area for mixed use? Tyra-Lukens noted this is a place for small startup companies to be in the City. Housing next to the highway would not be ideal. Houseal added being a seven to ten year document, we do not want to dilute efforts to get traction right now for other commercial areas. The balance is to leave an incubator space to bring in new companies such as brewpubs and cafés. Council Member Aho added restaurants and retail in a location will help attract other businesses. Klima noted, aside from the Eden Prairie Center, the Presbyterian Homes property and potentially the Fountain Place property would be proposed as mixed use. Nelson inquired if there is any possibility of Presbyterian Homes building senior housing at that location. David Lindahl, Economic Development Manager, replied there is potential of them still developing this year, but they are revisiting the density and height. Klima presented a new proposed category, flex service area. There are opportunities with areas that were developed as industrial but do not really function as industrial anymore. With some guiding and new designations of flex service area, redevelopment could be spurred. Case inquired if there are any opportunities to tie into the two airport parcels around it. Klima responded those properties were zoned airport commercial a few years ago, and with the neighboring flex service area designation that would allow for commercial opportunities. Nelson inquired about the well driller properties to the north. Case inquired if there could be a mixture of residential and commercial. Klima responded it doesn't have to be one type of use in that area. Tyra-Lukens noted it may exacerbate parking issues. Klima noted guiding focuses on types of uses and zoning determines parking requirements. Many properties are approved as a PUD, so there are built in opportunities to review these as development occurs. City Council Workshop Minutes March 20, 2018 Page 3 Klima proposed Eco Innovation as a designation for the Flying Cloud Airport(FCA) landfill site. Staff has worked with Pollution Control Agency(PCA), who owns the former landfill site. There are a handful of proposed uses that would be appropriate: management of landfill, native and pollinator landscape, conservation areas, yard waste drop off site, vertical gardening, and alternative energy sources such as solar and wind. Tyra-Lukens asked what the initial response from PCA is for solar in this area. Klima responded the company is non-committal. Due to funding PCA has received, there are property use restrictions on the sealed area of the land. Case noted there is likely concern that the liner could be punctured. Tyra-Lukens asked if it could be rezoned to only allow for solar. Klima stated it would require further discussions with the owner, but staff could look into it. Klima stated Winter Park is zoned as industrial development, but the City proposes considering this space for hotel use with meeting space and an entertainment component. Staff would propose an office designation. Aho noted the limited access could be problematic. Nelson added this location would work for both a hotel and apartment. Klima stated the next steps are finalizing the draft of the Comprehensive Plan and looking at new goals and objectives while still respecting the previous goals. Tyra-Lukens noted she would like to have sufficient time to look at the draft before the May 1 Council meeting. Planning Commissioner, Ann Higgins, inquired if the Federal Aviation Administration (FAA)would need to be approached about the landfill proposed uses. Aho stated the Joint Airport Zoning Board(JAZB) is currently drafting a document detailing height and density in safety zones,but it does not discuss types of uses. This document is not yet finalized. 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) Ike Nebeker, 6916 Autumn Terrace, spoke on behalf of the Eden Prairie High School Environmental Club and is concerned that the current climate crisis is putting their futures at stake. They thank the City on the work it has done thus far. They are partnered with iMatter to call for change in environmental policies. Elizabeth Arnold, 6924 Canterbury Lane, stated economic and environment disruptions are being felt globally. She urges the Council to commit to doing everything they can do and to start the work now. City Council Workshop Minutes March 20, 2018 Page 4 Anotonio Montero, 11635 Wild Heron Point,presented the City's youth climate report card created by iMatter, composed of four categories. Zach Spears, 9727 Marshall Road, said the City scored an overall grade of a C on the iMatter report card, comprised of zero emissions, renewable energy, waste reduction, and carbon renewals categories. He urges the Council to take their concerns seriously. Lauren Moseman, 720 West Village Road Chanhassen, said we need systemic change that starts at the local level. This is an opportunity for Eden Prairie to be a leader. They ask for a plan of net zero emissions by 2040 and 100 percent renewable energy by 2030. Sophia Truempi, 10200 Wild Duck Pass, asked to work with the Council to pass a climate inheritance resolution their group has already drafted. They are committed to contributing to the process. Case noted the Mayor was one of three hundred mayors across the nation in support of the Paris Agreement. The City is in the process to developing a part two to 20-40-15 plan. Case would like them to be involved in the process. Nelson noted the City has been looking into utilizing solar for buildings by installing and purchasing from solar gardens. There is an energy plan in place to encourage residents and businesses to use LED and renewable energy. Tyra-Lukens pledges to take a look at this resolution to see what the City can do. She inquired if this plan is meant for the City government or the City including residents and businesses. Truempi responded this is something they envision the entire City doing. Tyra-Lukens noted there needs to be grassroots organizing to engage stakeholders on the subject. All stakeholders need to be on board for this to work. Nebeker added the St. Louis Park plan includes a lot of incentives to mobilize community efforts rather than being penalized. Council Member Butcher Wickstrom stated the City has made remarkable progress, on items not necessarily included on the report card, in the last ten to twenty years. The City has the highest designation of Green Step. We can work together to make more progress. Aho stated the City is working to do their part with managing power and energy. The more difficult challenge is getting people in the City to participate. III. ADJOURNMENT ITEM NO. VI. B. UNAPPROVED MINUTES 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, 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 CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 p.m. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. SOUTHWEST TRANSIT 2017 DISTINGUISHED SERVICE AWARD by Len Simich, Executive Director and Jay Rowe, Chair Len Simich and Jay Rowe, representing Southwest Transit,presented the 2017 Distinguished Service Award to Mayor Tyra-Lukens. Mr. Simich said Mayor Tyra- Lukens has provided 21 years of outstanding leadership for Southwest Transit. Since she began her service with Southwest Transit in January 1997, ridership has increased over 300%, and the service has provided one of the most reliable and safe transit opportunities in the country. He noted up until last year their customer approval ratings were 99%, but he was happy to report 2017's rating was 100%. Tyra-Lukens commented one of the best things she did while in Southwest Transit was to be on the committee that hired Len Simich as the Executive Director. She noted it has been great working with everyone at Southwest Transit to provide efficient and innovative transit service to residents of Eden Prairie, Chanhassen and Chaska. Mr. Rowe also thanked Council Members Case and Aho for their service to Southwest Transit. CITY COUNCIL MINUTES March 20, 2018 Page 2 B. STATE OF SOUTHWEST TRANSIT by Len Simich Len Simich, Executive Director of Southwest Transit, reported in 2017 they executed agreements for Southwest Light Rail Transit(SWLRT) after more than three years of negotiation. In 2017 they also received an increase in State funding, their first such increase since 2008. Southwest Transit ridership is up again,primarily for the very popular Southwest Prime service. Because of the increased demand for Southwest Prime, they are currently in discussions with LYFT to partner in providing more Prime service. They received a State Grant for$250,000 to fund Saturday service for Southwest Prime. Aho commented we are proud of the service Southwest Transit provides and are very pleased with everything that comes out of Southwest Transit. C. ACCEPT DONATION FROM OSR PHYSICAL THERAPY OF $750 FOR PARKS AND RECREATION SPECIAL EVENTS (Resolution No. 2018-41) Lotthammer said OSR Physical Therapy has donated$750 for three Parks and Recreation special events. MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2018-41 accepting the donation from OSR Physical Therapy of$750 for Parks and Recreation Special Events. Motion carried 5-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said there is a goldenrod document adding Item XIV.A.1 to the agenda. There is also a goldenrod document for Item VIII.N. That item removes paragraphs from the Scheels' development agreement that was approved at the March 6, 2018, City Council meeting. The language contained in the paragraphs to be removed will be provided in separate agreements with each of the anchor tenant property owners. Tyra-Lukens added Item XIV.A.2. Case added Item XIV.A.3. Case and Aho added Item XIV.A.4. Butcher Wickstrom added Item XIV.A.5. MOTION: Nelson moved, seconded by Aho, to approve the agenda as amended. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 6, 2018 Aho asked that the two occurrences of the acronym"FDA"be changed to "FTA" on Page 1, Paragraph 4. MOTION: Butcher Wickstrom moved, seconded by Case, to approve the minutes of the City Council workshop held Tuesday, March 6, 2018, as amended. Motion carried CITY COUNCIL MINUTES March 20, 2018 Page 3 4-0-1,with Nelson abstaining. B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 6, 2018 MOTION: Case moved, seconded by Butcher Wickstrom, to approve the minutes of the City Council meeting held Tuesday, March 6, 2018. Motion carried 4-0-1,with Nelson abstaining. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2018-42 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 NO. 2018-43 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 CITY COUNCIL MINUTES March 20, 2018 Page 4 M. AWARD CONTRACT FOR NEW WATER TRUCK BODY TO STEPP MANUFACTURING CO,INC. N. ADOPT RESOLUTION NO. 2018-46 APPROVING AGREEMENTS REGARDING EDEN PRAIRIE MALL ANCHOR TENANTS MOTION: Nelson moved, seconded by Case, to approve Items A-N on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENT DEDICATED ON BLUESTEM HILLS 3R ADDITION (Resolution No. 2018-44) Getschow said 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. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing and to adopt Resolution No. 2018-44 vacating a part of the drainage and utility easement dedicated on Bluestem Hills 3rd Addition over Lot 1, Block 1, Hennepin County, Minnesota. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Butcher Wickstrom, Case,Nelson, and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Mayor's Water Challenge (Resolution No. 2018-45) Tyra-Lukens noted this will be our seventh year supporting the National Mayor's Challenge for Water Conservation. She said the challenge draws CITY COUNCIL MINUTES March 20, 2018 Page 5 attention to the issues of water conservation, water purity, and energy conservation. She read the resolution in support of the National Mayor's Challenge for Water Conservation. Eden Prairie's water challenge will be held from April 1 to April 30, 2018. She encouraged people to sign up for the challenge on the City's website. MOTION: Case moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2018-45 supporting the Mayor's Challenge for Water Conservation. Motion carried 5-0. 2. Outstanding Student Volunteer Award—Mayor Tyra-Lukens Tyra-Lukens said Ryan Stolz has been named an Outstanding Student Volunteer for the Spirit of Community award. She congratulated him and reviewed the volunteer work he has done. 3. National League of Cities Council of Cities—Council Member Case Case said he and Council Member Butcher Wickstrom represented Eden Prairie at the Congress of Cities event held last week in Washington, D.C. In addition to attending the workshop sessions, they were able to network and lobby our representatives and senators on municipal issues. He reviewed the workshop sessions he attended: • Workforce Readiness—the workshop encouraged setting a goal of bringing together business and education groups to work on an asset map that would show gaps in employment so goals could be set to address those gaps; • Opioid Crisis—the workshop provided information on the opioid crisis. April 28 is National Prescription Drug Take Back Day when individuals can bring back old prescription medicines; • Tax Reform—in the workshop it was reported the new tax bill continues opportunity zones whereby local governments can issue private activity bonds that can be used for public projects such as ports and also for public housing; • Future of Marijuana Policy—there are several bills proposed that deal with marijuana, including one that would prohibit prosecution of someone using marijuana for medical purposes, one that allows marijuana use for veterans with PTSD, and another to take marijuana off the Schedule 1 Controlled Substance list which would facilitate funding for research projects; • Gun Violence Prevention—cities are encouraged to take the initiative and promote community conversations about gun violence. There are plans to correct problems with the National Instant Criminal Background Check System (NICS). CITY COUNCIL MINUTES March 20, 2018 Page 6 4. Lions Club Eyeglass Collections—Council Members Case and Aho Case said he and Council Member Aho are members of the Eden Prairie Lions Club, and were asked to facilitate locating collection boxes for used eyeglasses at City Hall, the Senior Center and the Community Center. Aho said the Lions Clubs collect used eyeglasses that will be shipped to third world countries after optometrists have graded them by prescription and cleaned them up. Aho suggested also placing a collection box at Southwest Transit. 5. National League of Cities Council of Cities—Council Member Butcher Wickstrom Butcher Wickstrom reported she and Council Member Case were able to advocate with our federal elected officials to work cooperatively with local governments such as Eden Prairie to gain assistance in such areas as promoting funding for the SWLRT. She was part of a group of 10-12 people who sat down with Senator Klobuchar who was very optimistic there would be enough money in the bill for funding"New Starts,"which would include projects such as SWLRT. Because we have solved so many of the initial concerns and challenges and the project is now essentially"shovel ready," SWLRT should be high on the priority list for the projects competing for the funding. Case noted President Trump's budget did not include funding for New Starts; however, there are so many districts around the country that need such funding Congress is expected to add it back in. Senator Klobuchar has no sense the total funded bill will be large enough to include all the projects, so the individual projects will have to fight for the money. Senator Klobuchar does believe the SWLRT will be funded this year. Council Member Butcher Wickstrom noted she ran for a seat on the City Council for the first time in 1996 when the big issue in the City was where the light rail would go, so she believed it is about time the project was started. 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 Lotthammer reported we are moving to a different phase of the Emerald Ash Borer(EAB) Management Plan now that the EAB has been identified within the City. CITY COUNCIL MINUTES March 20, 2018 Page 7 Matt Bourne, Parks and Natural Resources Manager, gave a PowerPoint update on the EAB Management Plan. Staff has been working with the Minnesota Department of Agriculture to collect information about the EAB. We have updated our City ordinances to address the EAB problem and have added selective removal of ash trees to our City project list. We are doing outreach and public education as we take more proactive measures. He noted staff has completed an ash tree inventory and showed a City map of major areas where ash trees are located within City parks, City rights-of-way, and unmaintained areas adjacent to City trails. Some of the ash trees will be saved, and some will be removed. Jacob Busiahn, Forestry Technician, reported staff plans to treat roughly one- half of the ash trees in fair or better condition that are 12 inches or more in diameter and are located in City parks and on City rights-of-way. He said they received four bids for the contract to treat the City's ash trees, and Rainbow Tree was the lowest bidder. In addition, they received two bids for treatment of ash trees on private properties. The treatment for City trees will be based on pest pressure and will be administered at three-year intervals. He showed a slide with projections for outcome of treatments,based on the experience of other cities and areas. The treatments will be done by trunk injection applications because research has shown that method of treatment is best for reducing exposure to the pesticide. Aho asked if the trunk injection application is as good as other methods of treatment. Busiahn replied some of the other treatments are not as effective for trees that are 12 inches or more in diameter, and trunk injection is more pollinator-friendly. Busiahn said removal of ash trees would take place seven to eight years after the infestation has started. That timetable would cause a spike in the cost and would have an impact on the aesthetics. About 2000 trees will be removed over a period of eight years. Staff is proposing to replace 1.5 trees for each one that is removed from the parks and the City rights-of-way on arterial and collector streets. We will encourage people to replant on private property and will sponsor tree sales and a giveaway program on Arbor Day. We will set up City- wide contracts for treatment that individuals can use. The replanting program will not include any maple, spruce, apple or ash trees. He showed a slide of several of the trees they will use for the replanting program. Busiahn reviewed the public education and outreach plans that are a large part of the management plan. He noted there are approximately 50,000 ash trees in our maintained areas, or 14% of the total number of trees in those areas. We will promote proper treatment of ash trees on private property and will provide a treatment contract option for residents. The City website will be updated to provide information on the options available. Staff plans to do targeted mailings to areas where there is a higher density of ash trees. There will be educational sessions and materials available at City events. He said the cost to treat an CITY COUNCIL MINUTES March 20, 2018 Page 8 average sized ash tree is about $13 per year, or about $350 for the 25-year program. The cost to remove an average sized ash tree and replant another tree is about $700, so there is a definite cost advantage to treating the ash trees. Bourne reviewed three cost scenarios for treating and removing ash trees over the next 25 years. He said staff is recommending Scenario B which treats 1050 trees, removes 2114 trees, and replants 3171 trees, with a total cost of$1,416,554. We will provide volunteer opportunities to help with the replanting of trees. He noted some of the costs have been built into the 2018/2019 budget, and are hoping the tree replacement fund just put in place will help with some costs. There will be some savings in other contracted services to help with the funding. Case asked if we are being proactive or if we are waiting to treat the ash trees until they show signs of the disease. Bourne replied we will do both because we need to spread out the work load and also to concentrate on areas with high density of ash trees. Case asked if other cities have found some of the ash trees will survive. Bourne replied we have not found that. Aho asked what must be done with the trees that are removed. Bourne replied the diseased tree is hauled to our offsite storage site. The public utility company comes in, grinds it up, and uses it to produce energy. Nelson asked if we plan to take out ash trees in heavily wooded areas. Bourne said we will leave ash trees in conservation and unmaintained areas that are not near a trail or private structure. Nelson asked if leaving those trees will encourage more EAB problems. Bourne replied once the tree is dead, the EAB moves on. Nelson noted it is great we are starting to be proactive in this because these can be dangerous in some areas such as parks. She suggested we pay attention to some of the heavily wooded areas that people often go to for geo- caching or other activities and keep those areas safe. Tyra-Lukens asked if the price reduction offer to Eden Prairie residents will be for trunk injection treatments. Bourne said it will be the same as the City's trees will receive. Tyra-Lukens asked when people can start to take advantage of the price reduction program. Bourne said that could occur as soon as the contract is signed. Tyra-Lukens asked if there is any reason to ban the soil drenching treatment products because of their effect on pollinators. Bourne replied we can only recommend trunk injection treatments and discourage the other methods. Tyra-Lukens suggested we make sure to highlight the advantages of trunk injections versus other methods in our materials and on the website. Tyra-Lukens asked if we have started to remove ash trees. Bourne said at this time 25 trees within the City limits have EAB infestation, mostly contained in the northeast corner of the City. Tyra-Lukens asked how we will do the replacement program. Lotthammer replied we will do about 300-350 trees per year for the next 7-10 years. Tyra-Lukens asked when Arbor Day will be observed. Busiahn said it is April 28 this year. CITY COUNCIL MINUTES March 20, 2018 Page 9 MOTION: Butcher Wickstrom moved, seconded by Nelson, 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. Motion carried 5-0. 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 Aho,to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 8:11 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 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 Gambling/Bingo Organization: City of Eden Prairie/EP Liquor Organization: Eden Prairie Foxjet Swim Team Event: Music in the Park Beer Tasting Place: Flying Dutchman Spirits Date: July 13, 2018 6801 Flying Cloud Drive Place: Staring Lake Park Dates: May 26, June 30, August 25, 14800 Pioneer Trail & Sept 29, 2018 Organization: City of Eden Prairie/EP Liquor Event: Movie in the Park Beer Tasting Raffle Date: August 10, 2018 Organization: Safari Club International Place: Staring Lake Park Minnesota 14800 Pioneer Trail Place: Bearpath Country Club 18100 Bearpath Trail Organization: Eden Prairie Noon Rotary Club Date: May 17, 2018 Event: Festival of Jazz on the Prairie Date: June 10, 2018 Organization: Eden Prairie Noon Rotary Club Place: Staring Lake Park Place: Staring Lake Park 14800 Pioneer Trail 14800 Pioneer Trail Date: June 10, 2018 2018 Renewal Licenses Temporary Liquor Organization: City of Eden Prairie/EP Liquor Private Kennel Event: Arts in the Park Beer Tasting Kimberly Donahue Date: May 19, 2018 18090 Evener Way Place: Purgatory Creek Park 13001 Technology Drive Organization: City of Eden Prairie/EP Liquor Event: Music in the Park Beer Tasting Date: June 29, 2018 Place: Staring Lake Park 14800 Pioneer Trail - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Southview of Eden Prairie VIII.B. Janet Jeremiah/Beth Novak-Krebs Requested Action Move to: • Adopt a Resolution for a Site Plan on 2.58 acres; and, • Approve the 2nd reading of the Ordinance for Planned Unit Development District Review with waivers and a Zoning District Change from Rural to RM-2.5 on 2.58 acres; and, • Approve the Development Agreement for Southview of Eden Prairie. Synopsis This is the final approval of the development agreement and plans for Southview of Eden Prairie. The property is located at Franlo Road and Prairie Center Drive. The project includes a 116-unit senior living building with independent, memory care and assisted living units. Background On January 16, 2018, the City Council approved the 1st reading of the Ordinance for the PUD and Zoning change for Southview of Eden Prairie and directed staff to prepare a Development Agreement. In addition, the Comprehensive Plan Amendment was approved subject to approval by the Metropolitan Council. The Council approved the project subject to a few minor details needing to be addressed prior to the 2nd reading. The details have been addressed and the plans have been revised. The public hearing for the preliminary plat was held on January 16. However, there are ongoing discussions between staff, Hennepin County and the developer regarding some line work on the plat. As discussed at the Pt reading, the resolution for the preliminary plat will be considered for approval at a later date, but prior to approval of the final plat. This will provide time to ensure the preliminary plat is correct. The Metropolitan Council approved the Comprehensive Plan amendment for this project at their March 28, 2018 meeting. The amendment includes text renaming the current High Density Residential Land Use category to Medium-High, creates new text for the High Density Residential Land Use category allowing up to 75 units per acre and re-guides the property to High Density Residential. At the Pt reading, tree replacement was proposed to be met by counting the landscaping that exceeds the requirements toward the total replacement and a cash payment for the balance. Upon further evaluation by staff, the cash payment option has been removed from the Development Agreement. Language has been added to the Development Agreement addressing the requirement to provide an electric vehicle charging station on the property and providing 12 affordable units within the building. The list of waivers in the Development Agreement reflects the changes that have been made to the plans as directed by Council at the 1st reading. The 120-Day review period expires on June 17, 2018. Attachments 1. Ordinance—PUD District Review and Rezoning 2. Ordinance Summary 3. Resolution—Site Plan 4. Development Agreement SOUTHVIEW OF EDEN PRAIRIE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 5-2018-PUD-2-2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and placed in the Multi-family RM-2.5 Zoning District 5-2018-PUD-2- 2018 (hereinafter "PUD-2-2018-RM-2.5). Section 3. The City Council hereby makes the following findings: A. PUD-2-2018-RM-2.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-2-2018-RM-2.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-2-2018-RM-2.5 are justified by the design of the development described therein. D. PUD-2-2018-RM-2.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of , 2018, entered into between Eden Prairie Senior Living, LLC, and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-2-2018-RM-2.5, and are hereby made a part hereof. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural Zoning District and placed in the Multi-family RM-2.5 Zoning District and shall be included hereafter in the Planned Unit Development 2-2018-RM-2.5, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of January, 2018, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 17th day of April, 2018. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2018. EXHIBIT A PUD Legal Description — Legal Description Before Final Plat Tract A, Registered Land Survey No. 168; and, Tract C, Registered Land Survey No. 913, Hennepin County, Minnesota Tract B, Registered Land Survey No. 913, Hennepin County, Minnesota Legal Description After Final Plat Lot 1, Block 1, Southview Senior Housing SOUTHVIEW OF EDEN PRAIRIE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 8460, 8470, 8480 Franlo Road, from Rural to RM-2.5 Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens , Mayor PUBLISHED in the Eden Prairie News on April 26, 2018. (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT A Legal Description Before Final Plat Tract A, Registered Land Survey No. 168; and, Tract C, Registered Land Survey No. 913, Hennepin County, Minnesota Tract B, Registered Land Survey No. 913, Hennepin County, Minnesota Legal Description After Final Plat Lot 1, Block 1, Southview Senior Housing CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- A RESOLUTION GRANTING SITE PLAN APPROVAL FOR SOUTHVIEW OF EDEN PRAIRIE BY SOUTHVIEW SENIOR COMMUNITIES WHEREAS, Southview Senior Communities, has applied for Site Plan approval of Southview of Eden Prairie to construct a senior residence with independent, assisted living and memory care units, by an Ordinance approved by the City Council on April 17, 2018; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its December 11, 2017 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its January 16, 2018 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,that site plan approval is granted to Southview Senior Communities based on the Development Agreement between Southview Senior Living LLC and the City of Eden Prairie, reviewed and approved by the City Council on April 17, 2018. ADOPTED by the City Council of the City of Eden Prairie this 17th day of April, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk DEVELOPMENT AGREEMENT SOUTHVIEW OF EDEN PRAIRIE THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of , 2018, by Eden Prairie Senior Living, LLC, a Minnesota Limited Liability Company, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for a Guide Plan Text Amendment to draft language for a land use category allowing over 40 units per acre; a Guide Plan Map Change from Regional Commercial to High Density Residential on 4.58 acres, Planned Unit Development Concept Review on 4.58 acres, Planned Unit Development District Review with waivers on 4.58 acres,Zoning District Change from Rural to RM-2.5 Zoning District on 4.58 acres,Site Plan Review on 4.58 acres,and Preliminary Plat of 4.58 acres into one lot(the"Applications"),legally described on Exhibit A (the"Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Guide Plan Change,Resolution No. for Planned Unit Development Concept Review, Ordinance No. for Planned Unit Development District Review and Zoning District Change from Rural to RM-2.5 on 4.58 acres, and Resolution No. for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated , reviewed and approved by the City Council on Southview of Eden Prairie Development Agreement 4/17/18 1 ,(hereinafter the"Plans")and identified on Exhibit B,subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. AFFORDABLE UNITS:The Developer shall at all times provide 12 affordable units within the residential units on the Property. Six of the units shall be occupied by residents whose annual income is at 80%or less of Hennepin County AMI,and six units shall be occupied by residents whose annual income is at 50% or less of Hennepin County AMI as adjusted annually. Developer shall be responsible for submitting rent roll information and occupancy information to the City annually by Dec. 31 confirming compliance with this requirement. Rent for the affordable units will not exceed the maximum rates which are set annually by the Minnesota Housing Finance Agency. 4. CHANGE OF USE: Ordinance No. x-2018-PUD-1-2018 for Planned Unit Development District Review and Zoning District Change and the Plans zone the Property for use as a senior living facility. A change in use requires an applicable amendment to the zoning of the Property including an amendment to or repeal and replacement of Ordinance No. x-20 18-PUD-x-20 18 for Planned Unit Development District Review and Zoning District Change in accordance with City Code requirements. 5. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing,unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 6. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants,contractors,subcontractors,suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 7. ELECTRIC VEHICLE CHARGING STATION: Developer shall always provide an electric vehicle charging station on the Property. The electric vehicle charging station shall Southview of Eden Prairie Development Agreement 4/17/18 2 be installed and operational prior to the issuance of a Certificate of Occupancy. 8. EXTERIOR MATERIALS: Prior to building permit issuance,Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto. 9. PRELIMINARY AND FINAL PLAT: Prior to consideration of the Final Plat by the City Council,the Developer shall have obtained approval of the Preliminary Plat. The final plat of the Property shall be recorded with the Hennepin County Registrar of Titles' Office, as applicable within 90 days of approval by the City Council or within 2 years of approval of the Preliminary Plat,whichever occurs first. If the final plat is not filed within the specified time, the City Council may, upon ten days written notice, to the Developer, consider a resolution revoking the approval. 10. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information, including wetland boundaries,wetland buffer strips and wetland buffer monument locations;all Stormwater Facilities, such as water quality ponding areas, stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Developer shall furnish to the City Engineer and receive the City Engineers'written approval of a security in the form of a bond, cash escrow, or letter of credit, equal to 125% of the cost of said improvements as required by City Code. Prior to release of the grading security, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design professional shall provide a final report to the City certifying completion of the Southview of Eden Prairie Development Agreement 4/17/18 3 grading in conformance the approved final grading plan and SWPPP. In addition,a certified SWPPP inspector or designer shall be responsible for all monitoring, data entry and reporting to the PermiTrack ESC web-based erosion and sediment permit tracking program utilized by the City. B. STORMWATER FACILITY CONSTRUCTION: Stormwater Facilities, including detention basins,retention basins,"Stormwater Infiltration"or"Filtration Systems"(such as rainwater gardens,vegetated swales,infiltration basins,vegetated filters, filter strips, curbless parking lot islands, parking lot islands with curb-cuts, traffic islands, tree box filters, bioretention systems or infiltration trenches) or "Underground Systems" (such as media filters, underground sand filters, underground vaults,sedimentation chambers,underground infiltration systems,pre- manufactured pipes, modular structures or hydrodynamic separators) shall be maintained by the Developer during construction and for a minimum of two(2) full growing seasons after completion of the development to ensure that soil compaction, erosion, clogging, vegetation loss, channelization of flow or accumulation of sediment are not occurring,and thereafter by the Owner of the Property.Planting and Maintenance Plans for the Stormwater Facilities (where appropriate)to ensure that the Stormwater Facilities continue to function as designed in perpetuity must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Facilities for conformance to the Minnesota Pollution Control Agency publication entitled"State of Minnesota Storm Water Manual"current edition,the approved final grading plan and the requirements listed herein. All inspections of underground systems shall be performed by personnel that have approved OSHA confined space training. Maintenance techniques must be used during construction to protect the infiltration capacity of all Stormwater Infiltration Systems by limiting soil compaction to the greatest extent possible. This must include delineation of the proposed infiltration system with erosion control fencing prior to construction; installation of the infiltration system using low-impact earth moving equipment; and not allowing equipment,vehicles, supplies or other materials to be stored or allowed in the areas designated for stormwater infiltration during construction. In areas of structural infiltration Developer shall prior to construction of the infiltration system provide a plan that addresses: (i) construction management practices to assure the infiltration system will be functional; (ii), erosion control measures; (iii) infiltration capacity; (iv) performance specifications that the completed infiltration system must meet to be considered functional by City and(v) corrective actions that will be taken if the infiltration system does not meet the performance specification. Southview of Eden Prairie Development Agreement 4/17/18 4 All Stormwater Infiltration Systems must be inspected prior to final grading to ensure that the area is infiltrating as proposed and to determine if corrective measures are required to allow infiltration as proposed. Field verification of post-construction infiltration rates must be provided to the City within 30 days after the first rainfall event of inch or greater after the Stormwater Infiltration Systems become operational. If infiltration rates are reduced a plan to restore adequate infiltration must be provided within 90-days of the field verification test. The work required to bring the Stormwater Infiltration System back into compliance be implemented within 60 days of City approval of the plan. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to bringing Stormwater Infiltration Systems online. C. STORMWATER FACILITY INSPECTION AND MAINTENANCE: A Stormwater Maintenance Plan must be provided for operation and maintenance of all Stormwater Facilities to ensure they continue to function as designed in perpetuity prior to issuance of the Land Alteration Permit. The Stormwater Maintenance Plan must identify and protect the design, capacity and functionality of all Stormwater Facilities. The Maintenance Plan must contain at a minimum: the party(s) responsible for maintenance; access plans; inspection frequency; methods used for field verification of infiltration for Stormwater Infiltration Systems;routine and non- routine inspection procedures; sweeping frequency for all parking and road surfaces; plans for restoration of reduced infiltration for Stormwater Infiltration Systems;and plans for replacement of failed systems,all pursuant to and in accordance with Eden Prairie City Code Section 11.55, Subd. 8. During construction and for two years following completion of construction, all Stormwater Facilities shall be inspected at a minimum of once annually to determine if the Stormwater Facility(s) is treating stormwater as designed and should occur within 72-hours after a rainfall event of one-inch or greater to verify infiltration. All Stormwater Facilities shall be kept free of debris,litter,invasive plants and sediment. Erosion impairing the function or integrity of the Stormwater Facilities,if any,must be corrected and any structural damage impairing or threatening to impair the function of the Stormwater Facilities must be repaired. The following criteria must be included in the inspection: • A storage treatment basin(including retention and detention basins)shall be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. • A Stormwater Infiltration System shall be considered inadequate if sediment has accumulated that impairs or has the potential to impair infiltration of stormwater. Southview of Eden Prairie Development Agreement 4/17/18 5 • An underground storage chamber shall be considered inadequate if sediment has decreased the infiltration storage volume by 50 percent of its original design volume. Based on this inspection,if a Stormwater Facility requires cleanout,the Stormwater Facility shall be restored to its original design and/or the infiltration capacity of the underlying soils must be restored and any surface disturbance must be stabilized within one year of the inspection date. After the two year period of maintenance,the Owner of the Property shall continue to be responsible for maintenance of the Stormwater Facilities. This shall include inspections at a minimum of once per every five years. Regular maintenance shall be conducted and must include regular sweeping of private streets,parking lots or drive aisles at a minimum of once per year; debris and litter removal;removal of noxious and invasive plants;removal of dead and diseased plants; maintenance of approved vegetation; re-mulching of void areas; replanting or reseeding areas where dead or diseased plants were removed; and removal of sediment build-up. Areas above Underground Systems shall be kept free of structures that would limit access to the System for inspections, maintenance or replacement. D. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures, concrete truck washout areas and any other best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 11. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, Developer shall submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit, Developer shall place a construction fence on the approved construction grading limits. Developer shall notify the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer shall maintain the construction limit fence until written approval is granted by the City to remove the fence. 12. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks. Southview of Eden Prairie Development Agreement 4/17/18 6 Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property. 13. LANDSCAPE PLAN: Prior to building permit issuance,the Developer shall submit to the City Planner and receive the City Planner's written approval of a final landscape plan for the Property depicting a total of 505 caliper inches(388 caliper inches for landscaping and 117 caliper inches for tree replacement). The approved landscape plan shall be consistent with the quantity, type, and size of plant materials shown on the landscape plan on the Plans. Developer shall furnish to the City Planner and receive the City Planner's written approval of a security in the form of a cash escrow, or letter of credit, equal to 150% of the cost of said improvements as required by City Code. The installation of the landscaping shall conform to the approved landscape plan including but not limited to the size, species and location. Any changes, including but not limited to removal and relocation,to the landscaping plan or landscaping installed on the Property shall be reviewed and approved by the City prior to implementing said changes. Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved landscape plan in accordance with the terms and conditions of Exhibit C. 14. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner,and receive the City Planner's written approval of a plan for screening of mechanical equipment on the Property. For purposes of this paragraph, "mechanical equipment" includes gas meters, electrical conduit,water meters, and standard heating,ventilating, and air-conditioning units. Security to guarantee installation of plant material for screening shall be included in the amount of security provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan prior to issuance of any occupancy permit for the Property. If,after completion of construction of the mechanical equipment screening,it is determined by the City Planner,in his or her sole discretion,that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner shall notify Developer and Developer shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures. 15. OTHER AGENCY APPROVALS: The Developer shall be responsible for submitting to the City Engineer,copies of all necessary approvals issued by other agencies for the project. These submittals are required prior to issuance by the City of the corresponding City Southview of Eden Prairie Development Agreement 4/17/18 7 permit(s).The agencies issuing such approvals include,but are not necessarily limited to,the following: the Minnesota Pollution Control Agency, Metropolitan Commission Environmental Services, Riley Purgatory Bluff Creek Watershed District. The City Planner may determine that conditions of approval required by the Riley Purgatory Bluff Creek Watershed District require changes to the City approvals which may entail additional City review, including public hearing(s) for recommendation by the Planning Commission and approval by the City Council.Developer consents to such additional review as determined by the City Planner and agrees to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the addition review. 16. INTENTIONALLY DELETED: 17. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise,vibration,dust and dirt,smoke,odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be operated so noise,vibration,dust and dirt,smoke,odor and glare do not go beyond the Property boundary lines. 18. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the RM-2.5 Zoning District through the Planned Unit Development District and as depicted on the Plans.Review for the Property and incorporates said waivers as part of PUD (list PUD number): 1. Building height from 45 feet to 67 feet. 2. Building Setback along Medcom right-of-way from 35 feet to 22 feet. 3. Building Setback in back corner of the building from 25 feet to 18 feet. 4. Parking Setback along Medcom right-of-way from 35 feet to 10 feet. 5. Parking Setback along Franlo Road from 35 feet to 3 feet. 6. Density from 17.4 units per acre to 45 units per acre. 7. Usable Open Space Per Dwelling Unit from 600 square feet per unit to a total of 14,954 square feet provided or 129 square feet per unit. 8. Parking from 232 to 106 spaces and enclosed parking from 116 to 70. Southview of Eden Prairie Development Agreement 4/17/18 8 9. Parking stall depth from 19 feet 18 feet and drive aisle width from 25 feet to 24 feet. 19. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to issuance by City of any permit for grading or building on the Property, Developer shall submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property. Prior to issuance by City of any permit for grading or building on the Property, Developer shall complete the demolition and removal of existing septic systems and wells on the Property and restore the Property. Prior to such demolition or removal, Developer shall provide to the City a deposit in the amount of$1,000 to guarantee that Developer completes implementation of the approved plan. The city shall return to Developer the$1,000 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan. 20. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for any retaining walls greater than four feet in height. These plans shall include details with respect to the height,type of materials,and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. All maintenance and repair of all retaining walls on the Property shall be the responsibility of the Developer, its successors and assigns. 21. SIDEWALK CONSTRUCTION: Prior to issuance by City of any building permit on the Property,Developer shall submit to the Director of Parks and Recreation Services and obtain the Director's written approval of detailed plans for sidewalks to be constructed on the Property. Sidewalks shall be constructed in the following locations: A. A five-foot wide concrete sidewalk to be located from the driveway entrance into the site to the paved trail along the south side of Prairie Center Drive as depicted in the Plans. Southview of Eden Prairie Development Agreement 4/17/18 9 Developer shall complete implementation of the approved plans in accordance with the terms of Exhibit C prior to issuance of any occupancy permit for the Property. Bonding in accordance with City Code shall be required for sidewalk construction. 22. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City Code, Section 11.70,Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location,the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction,and location of any such sign,consistent with the sign plan shown on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. 23. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for site lighting on the Property. All lighting shall conform to the lighting standards in Section 11.03 Subd.4 E. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property. 24. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property,an assessment agreement,in the form and substance as attached in Exhibit E,shall be signed by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area of 1.08 acres in the amount of$8,563. 25. TRASH: Developer agrees that all trash, trash receptacles and recycling bins shall at all times be located inside of the building enclosures depicted on the Plans. 26. FUTURE MEDCOM BOULEVARD CONSTRUCTION: The Developer shall convey, at no cost to the City, temporary construction easements necessary in City's judgment to construct the future Medcom Boulevard Improvements. The temporary easements shall be of such scope and term as deemed necessary by the City Engineer for City to complete the Medcom Boulevard Improvements. Developer shall convey the temporary easements within 30 days of request by the City. 27. VACATION OF FRANLO ROAD RIGHT OF WAY: Prior to issuance of a land alteration permit,building permit or release of a final plat for the Property(whichever occurs first), the Developer shall submit to the City Engineer : (i) written evidence that all utility companies with infrastructure within the Franlo Road right-of-way have consented to the vacation of that portion of Franlo Road right-of-way identified in the Plans, such document to be in form and content acceptable to the City, and (ii) a written agreement between the Developer and each utility company providing for the location or abandonment of existing utility lines if required by the utility company. Furthermore, prior to the issuance of a land alteration permit,building permit or release of a final plat for the Property(whichever occurs Southview of Eden Prairie Development Agreement 4/17/18 10 first), the City Council shall have adopted a resolution vacating portions of Franlo Road right-of-way as presented in the Plans. 28. PRESERVATION OF DRAINAGE AND UTILITY EASEMENTS ADJACENT TO MEDCOM BOULEVARD RIGHT OF WAY: No retaining walls or any other structures shall be constructed within the drainage and utility easement adjacent to the Medcom Boulevard right of way within the Property as shown on the Plat. Southview of Eden Prairie Development Agreement 4/17/18 11 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 ,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 Southview of Eden Prairie Development Agreement 4/17/18 12 Eden Prairie Senior Living LLC By Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2018,by , the , of Eden Prairie Senior Living LLC, a Minnesota 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 Southview of Eden Prairie Development Agreement 4/17/18 13 EXHIBIT A DEVELOPMENT AGREEMENT - SOUTHVIEW OF EDEN PRAIRIE Legal Description Before Final Plat Tract A, Registered Land Survey No. 168; and, Tract C, Registered Land Survey No. 913, Hennepin County, Minnesota Tract B, Registered Land Survey No. 913, Hennepin County, Minnesota Legal Description After Final Plat Lot 1, Block 1, Southview Senior Housing Southview of Eden Prairie Development Agreement 4/17/18 14 EXHIBIT B DEVELOPMENT AGREEMENT — SOUTHVIEW OF EDEN PRAIRIE Exhibit B Title Sheet dated 04/09/18 by Civil Site Group Boundary, Topographic and Tree Survey dated 12/19/17 by Civil Site Group Removals Plan dated 04/09/18 by Civil Site Group Site Plan dated 04/09/18 by Civil Site Group Grading Plan dated 04/09/18 by Civil Site Group Future Medcom Extension Grading Plan dated 04/09/18 by Civil Site Group Utility Plan dated 04/09/18 by Civil Site Group Civil Details dated 04/09/18 by Civil Site Group Civil Details dated 04/09/18 by Civil Site Group Civil Details dated 04/09/18 by Civil Site Group Civil Details dated 04/09/18 by Civil Site Group Landscape Plan dated 04/09/18 by Civil Site Group Landscape Details and Enlargements dated 04/09/18 by Civil Site Group SWPPP—Existing Conditions dated 04/09/18 by Civil Site Group SWPPP—Proposed Conditions dated 04/09/18 by Civil Site Group SWPPP -Details dated 04/09/18 by Civil Site Group SWPPP Narrative dated 04/09/18 by Civil Site Group SWPPP -Attachments dated 04/09/18 by Civil Site Group SWPPP -Attachments dated 04/09/18by Civil Site Group Lighting Plan dated 12/21/17 by Civil Site Group Floor Plans dated 04/09/18 by kaas wilson architects Floor Plans dated 04/09/18 by kaas wilson architects Floor Plans dated 04/09/18 by kaas wilson architects Floor Plans dated 04/09/18 by kaas wilson architects Exterior Elevations dated 04/09/18 by kaas wilson architects Exterior Elevations dated 04/09/18 by kaas wilson architects Southview of Eden Prairie Development Agreement 4/17/18 15 EXHIBIT C DEVELOPMENT AGREEMENT — SOUTHVIEW OF EDEN PRAIRIE I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1"=100'scale) showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: INSERT ANY NAME/COMPANY LISTED IN ANY OWNER'S SUPPLEMENT TO THE DEVELOPER'S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City(the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: Southview of Eden Prairie Development Agreement 4/17/18 16 A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01,et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12, Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and Southview of Eden Prairie Development Agreement 4/17/18 17 that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 14404 Excelsior Blvd., Minnetonka, Minnesota 55305 or CenturyLink, 14200 Wayzata Blvd. Ste F., Minnetonka, MN 55305. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee,State surcharge, metro system access charge(SAC),City SAC and City water access charge(WAC),and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1"= 200 scale)showing proposed building location and all proposed streets,with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building,structure,or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term,condition,covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary,City of Eden Prairie",will be affixed to the top of the post. Southview of Eden Prairie Development Agreement 4/17/18 18 XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security(hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large,so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. XXIII. Except as specifically authorized by the Director of Public Works,no permit shall be issued for the Property until the Developer has recorded the final plat with Hennepin County Recorder's Office/Registrar of Titles' Office. XXIV. Developer shall pay upon demand to the City all costs incurred by the City in conjunction Southview of Eden Prairie Development Agreement 4/17/18 19 with the Applications. These costs include internal City administrative, planning and, engineering costs and consulting costs, including but not limited to legal, engineering, planning and financial, in review, investigation, administering and processing the Applications and implementation of the approvals granted by the City. Southview of Eden Prairie Development Agreement 4/17/18 20 EXHIBIT E DEVELOPMENT AGREEMENT — SOUTHVIEW OF EDEN PRAIRIE AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of ,2018,between the City of Eden Prairie, a municipal corporation, (the "City") and Eden Prairie Senior Living, LLC a Minnesota limited liability company(the "Owner"). A. The Owner holds legal and equitable title to property described as , Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner desires to develop the property in such a manner that relies upon the City's trunk utility system,including trunk sanitary sewers,trunk watermains,wells,elevated storage facilities and a water treatment plant(all of which is hereafter referred to as the "Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property in the amount of $8,563 for the Improvements. 2. The City's assessment records for the Property will show the assessments as a"pending assessment"until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City,its officers,agents and employees from any and all liability related to or arising out of Southview of Eden Prairie Development Agreement 4/17/18 21 the imposition or levying of the assessments. 5. This Agreement shall be effective immediately. 6. This Agreement may not be terminated or amended except in writing executed by both parties hereto,provided however upon the levying of the special assessments contemplated by Paragraph 1 hereof the City may upon request of the owner of the property affected,without the necessity of further City Council approval,unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. 7. This Agreement constitutes a lien on the Property in the amount of$8,563 until such time as the assessments referred to above are levied. Southview of Eden Prairie Development Agreement 4/17/18 22 OWNER CITY OF EDEN PRAIRIE A Minnesota A Minnesota Municipal Corporation By: NOT TO BE SIGNED By: NOT TO BE SIGNED Nancy Tyra-Lukens Its Mayor By: NOT TO BE SIGNED Rick Getschow, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2017, by Nancy Tyra-Lukens,the Mayor,and Rick Getschow,the City Manager,of the City of Eden Prairie,a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2017, by the , a Minnesota , on behalf of the . Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Southview of Eden Prairie Development Agreement 4/17/18 23 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Matt Bourne, Parks &Natural Resolution for the Purchase of Tax VIII.C. Resources Manager Forfeited Properties Requested Action Move to: Adopt Resolution regarding the purchase of tax forfeited properties within Eden Prairie. Synopsis Hennepin County Taxpayer Services staff has notified the City of multiple undeveloped land parcels within the city that have been listed as tax forfeited property. These properties have been pronounced tax forfeited to the State of Minnesota for non-payment of property tax. The parcels of property are legally described as: • PID#09-116-22-24-0008 Prairie Knoll Outlot B • PID# 10-116-22-21-0072 Forest Hills 8th Addition Outlot A • PID# 17-116-22-43-0051 Unplatted • PID#23-116-22-24-0004 Eden Lake Outlot R Background There are a large number of tax forfeited properties within the City that have been sitting for a number of years.Hennepin County staff has recently reached out to City staff to see if we had interest in any of these parcels being conveyed or sold to the City. These four parcels are the second set of parcels that City staff has identified that we believe would be in the City's best interest to take ownership of. Recommendation Staff recommends purchasing these parcels for the appraisal price outlined below: • PID#09-116-22-24-0008-$100 plus$80.70 in taxes and fees • PID#10-116-22-21-0072-$100 plus$80.70 in taxes and fees • PID#17-116-22-43-0051 -$100 plus$80.70 in taxes and fees • PID#23-116-22-24-0004-$100 plus$80.70 in taxes and fees Attachments Resolution Parcel Maps Purchase Cost Statements CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- _ RESOLUTION ADVISING THE DISPOSITION OF TAX FORFEITED LAND WHEREAS, the City of Eden Prairie has received from the County of Hennepin notification which lists property in said municipality which have become property of the State of Minnesota for nonpayment of real estate taxes; and WHEREAS,provided in Minnesota Statute 282, the City Council is asked to give input regarding the disposition of these parcels of land; and WHEREAS, the City has been notified that Hennepin County has held a public meeting to take public input related to the property as provided for in Minnesota Statute 282; and WHEREAS,the City may request that the property be sold to the City or provide input to the County Board of the suggested disposition of the property. NOW, THEREFORE,BE IT RESOLVED that the City of Eden Prairie does have an interest in requesting the Board of Hennepin County sell these land parcels to the City and does advise the Board of Hennepin County to dispose of the parcels in the following way: Parcel 1 —PID 09-116-22-24-0008 with no pending special assessments, should be sold to the City of Eden Prairie for conservation use Parcel 2—PID 10-116-22-21-0072 with no pending special assessments, should be sold to the City of Eden Prairie for conservation use Parcel 3 —PID 17-116-22-43-0051 with no pending special assessments, should be sold to the City of Eden Prairie for park use Parcel 4—PID 23-116-22-24-0004 with no pending special assessments, should be sold to the City of Eden Prairie for conservation use ADOPTED by the City Council of the City of Eden Prairie this 17th day of April, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk 09 - 116 -22 -24 -0008 ' r 1 �Tr- ��it -pr _ • -_- _ 1 . � `�S1r}- .b �• . _ t • ' , . • • 1 1 •,i, ' ► r 1 • !/i `• 1• • • _ • • d •� t •• •�1 1 , aT a+• • _ toI rui;L* 4c31 !• • 'Af ►•0)r • • • ■ • • • • • � ' } 1 . 1 ) - t` 1 .• ' • • ��;• 1 � ` . , t d ,, -- ,'.i � . • 1 -- 1 • . ♦ ti. '- �► H • • ` ♦ J� '14 // . • • • I • ': t 4 • -rile • • 4 • l ' � ` ' t • r'"1 1 . • 1 ' ' • i•�•� t .• ', rot ,11 �If• /t •_ • „ ' .: N -3•Ir •,• J� ,y�r�• fb .'1 1 • ell • ' • ' '1 _�' t • • '• I �'J �I••' y 'I . , •`. J 1 i t �, 1 j i y. r • • i t i `� �• ,`` ` • .� i >t• ' t '� y : E/f• '1• , �J � 1. 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'se- • eP ;� 1 �. • r• ' A I /� � a. �'!is �• , - - ` T 1 '�.r 1 I •• , `1 ....kip _- •• �. be- Description z. 11 ed _Ltd 3 4-_ • 3111n.. ilp". .Thanseld_ ..‘„ . • ".•4.1 10 C•T. • "' I Jul• e -♦ :. itri •4 :. �� • •• tin, •• ,_. '�N'^ - . ) ./ r 1 • rt .I - •': 0 0 .0325 0 . 065 DISCLAIMER The Clio,Eden Prairie does not nanarttneaccuracy nor Ole concctness a {: • , Gr d the information conb tied n Itas map. II Is ;our respons+blity to venly lit aecufacy � a P \1 1 . Id this information In no etirnt Mil The Cityof Eden Prarre be liatle fa a damages. r;��'4 ,. •/v • m I I I m ildudng loss d busness. bs! pro5ts. Maness tnferfupb-on. loss of business Intofmaton �` ? , • t �.r�� a other pecunary Toss hat migt2 anso Siam the use of this map or the ntorm.�tt n it • le: can!alrs. Map trI m{atr i Is beleved to be accurate but acctnacyis rot guaranted. • ; ' `•a, '.• m I I I I 1 I m i Any errors or omii yens sbodd be reported to The City d Eden Prairie. >c,, ti . 0 0 .03 0 .06 Scale • 1 . 2 400 •any acnalphotegraphy and parcel geon•ctryv;as:btaired tom Herneon Come/ and al • . . 1 • f • mess are bound by the eipress v.l. den contract betv.cen Hemepin County and the City • _ V. of Eden Pratte . 10 - 116 -22 -21 -0072 • 'r (i r, • 4, npL t yas* NDMIDGE R$ .ii � . +• *1 • _ MI i - . Air( &Sot tt I ,` i ! , , 13675 1 '360.1 . - , . _ - _ 13695 r 71 ado 7) 4? VI l .• ‘. _ -.• .. ,t. 10I p4 i:r.. 4 1:.•4. ailI., . ! ' • 9. ••••• . ..i.11:ii. 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"•I • • 1 41 '11 eak:I.S*-' - / • \me • - . . 13709 , _ ' '' k, A . - 13685 ', t k I �_ . t tiyy • . ! et: I/. . - • , h ! s. _ - - it -0- • ;IV • -ic a , 1St 1give . >� } J. > '� • 13704 ' t 1111K- - 1 A . r • • • 12 13720 -. _ , � ; . 441 r ' •i a _ • ; • f_ ti • . • - - �'. • • �- j ►�y g • j' - , a et • - :Pe' r . '. ' ' j �, 13696 _ . 13590 4 , 1 1 . ,+Jr .t, I it- • �,_ • iikii. JENNIFER ( j �- , i "", — iwr•1111 + I - La. 4 ealk , '' sit rig . • _ - 1.• i '� • E ARBOR GL. ` . At ^ 13701 EN a 919 I i • , f. i .41—••••,‘ _. I , i • „on "ire 7 jr- , ... 11 i ` , ',13 7.17• I . > - _ l a r • A ., t i r •• Description IriX b f1J tT : j , DISCLAIMER The CIyofEdenPramedoesndtiyaranttheaccvacynortheconectnes, I .1"t : 0 0 .015 0 . 0 3 `lei - ` :r of the nhrmation conta tied n tits map. It is •your responsibility to very the accuracy iii ttt ic r� i,/I 'NMI� 1 # . r mII I m ' of thrs rnbrnaban In no etent rn I Tho C'tgof Eden Prarie be Gable fo► anrr daenages, c•• tt �,,. , 1 t€ © nducifng loss of bisness bit profits. bisness Interrupbon. lobs of burners Infarmabon 1 J • ^ L • or other pecucaary lass mat mItt arse loom the use of this map or the ntormal ion it ^ '�.., •m' ; • ` - -, contains . Map reformation is beloved to be acctrate bnt accuacyis not guaranteed. •' ta. ' till I I I I I Mi Any errorsoromsstenssh Odd bereputedto The CIryd Eden Prame. • • `-'f a� ,� ! 0 0 .0 15 0 . 0 3 Scale . 11 20 0 tAny aortal photograpty and parcel geometry wasabtain:d tam Hemepn Comfy and al , - _ - 1 ♦ -t - .• s • l tars are board by the ell pre ss Antlers contract beM•een tie mepin Coady and the City !I `. • • _ - .ti • •, of Eden Franz. 17 - 116 -22 -43 -0051 _yip 1r 1 • f. 1 I t t • 10 • ilk I a e . �' v ' -•Alt •V Lir. ! li4tit,P s T , . • i ` .. . , • • milt- oft Of �� - • 1 .{ 1 - R a r . • d_ - • ; i.....ismelesinsena. " 4 • e _ ,.. • • }-s - ' . a. R law _ • Ss r _ l; . , ,�• t - ^ � • _• / P: • - - r - 31I A . 6 - Li if ' a 14€ • 1 -OP ' 4 ll . . . . , sa• ,,,, . .. , • . ...2 • 44.11 lte Till '- 'At-. • 'elk: •;Ili% .'11 ' t 1 • Ill ilf I% t I. . * " lit Jo 4 .-• . , : Nit—t. .. it •i; : . • - + +" • at % at% 9 -• - e • Ili it • {I ' • 0 •! 1 . 31 i r• :: "Irk' . T a jailletS S 4 iii . 5. 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E )* C,"" - . •�I` j..1' y tip . . ,:,, - ► 0 K . i .:.- + , \ `n7 I ��••,, • ' lib' .r i. • f . �i\• •fi t =• *' N. - t' .R ' ...h. l ,r t. - • f 0I • Za� ; _ . __ ,, Q - ♦w. 410` t .EDS � !4 •: : . , ,: ___ .. , • . . _.., . . , _ k .. .. _ . • - '. ee *- -• 1 'yam- __ - - ♦ ' + - - • �r� Tr�• : y•� f t�= f s• T ', •� s T J Y t ' , r___ __. __ _ _ ., ` ' . ,•?•♦ L Description r • i t• Mil . , fosiiic.. . i `y • r � ''. / �'1 DISCI AMER' The Ct tor Eden Frar:e does not harrart the accurac not thean:cctness i ,. .- {: •• ) ,II 0 0 .015 0 . 0 3 iy 1��, ;II''' . t ^ I of the nkirrt+anon contan�•d n the map. Ills yotr respons•tl ry to szriytho accuracy . '' 1 �!1�—`f� I in i I I I I I m © of this lntannabon In no tint nil The C+tg of Eden F'rane be bade /a am damages. .t „�: nduduig lass d btsness last profs. btsness interruptr•3n. loss of btsmess into'matron ' �'� or other pecuniary loss that mig11 apse from the use of this map or the nformat m el . • `:`• ' !a' 1 . I. `'4 r • contau+e . Uap irtrrratton is believed to be acctuale bit accuracy is not guaranteed. . y ♦ / , ' . `, , • , m I• I 1 1 1 I m I Any orrors or ornssi�'+s should be reputed to The City d Eden Prarlo. /! y: ' -�� �,, ` 0 0 .015 0 .0 3 Scale • 200 'Any acral ptotographlr and parcel gcflmetry •xarabtalr>Ld from Home pin County and al ; f tsars are totnd by the etpress 'mrien contract bet een Hennepin Co tilt,/ and he City • • ., _. . . • •f r-f _ d Eden l=rztre 23 - 116 -22 -24-0004 1 yon_ icr,„ __., , 4 ' a kik . es .% le n • V : • • 1 : •t - f 16 f R P :..• 2. , , r • t s L l t • • . , • - , ' - ' di -• 1- a fit, . ,t - •• •• , -•v.- Jai Is\ 4. �. • • -,• R i ; 4 • Ti • • �.•, •i. , _ �. - - ,+ ' '� , � • ,- + it, ', • - e �r rA. { + ' Lam. .• /• '�. %, • :R It'll; i •V1= • e jr -�T14 .��' •' =':- sill• � , i . a; . I' t.C. ' r 1• ' y _ a •' _ _ _ , J 1+�! • ��; :y ' fit- • 1 , �� r ' or Lit 54, '-! 1.J► . � . . • .'.� : � Y • Y ..-- _ . •i� • 0 . F , _ - • fir• + y - _ 4,, . 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I • 1. ;••_ yi • air , �` la laill'm 044.4 sir :Ark. , 4 \ ' . . : i I *I W tit- • Ab.. • J I jelOP -Milliesist., - • P . 1 l I . � , __. _ '. : •:\ Description I I. •� ,K ' I ]t ' ' •r f tiol----1111"1- ii IIIII 7. • 1 • sei \ ,// . •- -•. •'J 4 • ' r glut. - A.• ' ,M1 ' 0 0 .0 5 0 . 1 DISCLAIMER' The Clyof Eden Pratte does not warrant the acctracy nor the correctness igr t :K • i • t • r!� • of the Itlormalion contaned n the map. It s you respon�hhty Lo Andy the accuracy • cu. ; r /� • Zr S, 1 1 1 I• I 1 I I I nil © of thrs inlannatian' In no e•.'ent MI The City or Eden Prairie be lia tie to anj damages. - .�% _ItiaTij'` " • ,� ndud'ng foss of bra ness brt pro>is. btsness interrupt on. loss of bigness information a, • or other pecunary lass that mtgt# anse from the use of this map a the WormIran it .; •- ;� +�•• V • t • Wntarr6 . Map rrisrnwtion is believed to be accurate bit accvarytc not guaraniaal. • • I• nil I 1 I I m i Any errors or omsdcns shored he reputed to The City of Eden Prano. • • re IN� • ••• II - ' l t 0 0 . 05 O • 1 Scale . 1 :4 800 'Anyaenal photography and parcel geometry wasabtained from Hcmecsn Count and al •' f users are botnd by the evpresswrnlen contract beM•een Hemep•n County and the City „ of Eden nine. Hennepin County Resident and Real Estate Services Tax Forfeited Land Cost Sheet for Governmental Subdivision From : Michael Wolf - Property Management Specialist Date : 01 / 19/ 17 Direct : 612 - 348 - 5102 PREPARED Eden Prarie Matt Bourne 952 -949- 8535 mbourne@edenprarie . org PROPERTY ID# 09 - 116 -22-24-0008 NER#00963C PURCHASE COSTS : Assessed Value $ 100 . 00 Specials After Forfeiture $ 0 . 00 Assurance Fee (3 %) $ 3 . 00 State Deed Preparation Fee : $25 . 00 Filing Fees : { TFL to file deed } $ 51 . 00 State Deed Tax : { $ 1 . 70 / $ 500 or part thereof - see chart } $ 1 . 70 TFL Holding Costs per MN Statute 282 . 01 Subd 1 . $ 0 . 00 FULL PAYMENT REQUIRED : Total : $ 180 .70 DATE PREPARED : 01 /19/17 * VALID THROUGH : 03/19/17 CERTIFIED FUNDS PAYABLE AT TIME OF APPLICATION MAKE PAYABLE TO : HENNEPIN COUNTY TREASURER SUBJECT PARCEL : 61 Address Unassigned PID NUMBER: 09 - 116 -22-24 - 0008 * Hennepin County reserves the right to update cost at anytime Cost Estimate Only Revised 6/09 /2015 Hennepin County Resident and Real Estate Services Tax Forfeited Land Cost Sheet for Governmental Subdivision From : Michael Wolf - Property Management Specialist Date : 03 / 16/2018 Direct : 612 -348 - 5102 PREPARED Eden Prarie Matt Bourne 952-949- 8535 mbourne@edenprarie . org PROPERTY ID# 10- 116-22 -21 -0072 PURCHASE COSTS : Assessed Value $ 100 . 00 Specials After Forfeiture $ 0 . 00 Assurance Fee (3 %) $ 3 . 00 State Deed Preparation Fee : $25 . 00 Filing Fees : { TFL to file deed } $ 51 . 00 State Deed Tax : { $ 1 . 70 / $ 500 or part thereof - see chart } $ 1 . 70 TFL Holding Costs per MN Statute 282 . 01 Subd 1 . $ 0 . 00 FULL PAYMENT REQUIRED : Total : $ 180 .70 DATE PREPARED : 03/16/18 * VALID THROUGH : 05/18/18 Payment must be postmarked 05/18/18 CERTIFIED FUNDS PAYABLE AT TIME OF APPLICATION MAKE PAYABLE TO : HENNEPIN COUNTY TREASURER SUBJECT PARCEL : 61 Address Unassigned PID NUMBER : 10 - 116 -22-21 -0072 *Hennepin County reserves the right to update cost at anytime Cost Estimate Only Revised 6/09/2015 Hennepin County Resident and Real Estate Services Tax Forfeited Land Cost Sheet for Governmental Subdivision From : Michael Wolf - Property Management Specialist Date : 05/01 / 17 Direct : 612 - 348 - 5102 PREPARED Eden Prarie Matt Bourne 952 - 949- 8535 mbourne@edenprarie . org PROPERTY ID# 17- 116-22-43 -0051 PURCHASE COSTS : Assessed Value $ 100 . 00 Specials After Forfeiture $ 0 . 00 Assurance Fee (3 %) $3 . 00 State Deed Preparation Fee : $25 . 00 Filing Fees : { TFL to file deed } $ 51 . 00 State Deed Tax : { $ 1 . 70 / $ 500 or part thereof - see chart } $ 1 . 70 TFL Holding Costs per MN Statute 282 . 01 Subd 1 . • $ 0 . 00 FULL PAYMENT REQUIRED : Total : $ 180 . 70 DATE PREPARED : 05/01/17 * VALID THROUGH : 07/01/17 Payment must be postmarked July 1 , 2017 CERTIFIED FUNDS PAYABLE AT TIME OF APPLICATION MAKE PAYABLE TO : HENNEPIN COUNTY TREASURER SUBJECT PARCEL : 61 Address Unassigned HD NUMBER : 17- 116-22-43 - 0051 * Hennepin County reserves the right to update cost at anytime Cost Estimate Only Revised 6/09/2015 Hennepin County Resident and Real Estate Services Tax Forfeited Land Cost Sheet for Governmental Subdivision From : Michael Wolf - Property Management Specialist Date : 03/ 16/ 18 Direct : 612 - 348 - 5102 PREPARED Eden Prarie Matt Bourne 952 -949- 8535 mbourne@edenprarie . org PROPERTY ID# 23 - 116-22 -24-0004 PURCHASE COSTS : Assessed Value $ 100 . 00 Specials After Forfeiture $ 0 . 00 Assurance Fee (3 %) $ 3 . 00 State Deed Preparation Fee : $25 . 00 Filing Fees : { TFL to file deed } $ 51 . 00 State Deed Tax : { $ 1 . 70 / $ 500 or part thereof - see chart } $ 1 . 70 TFL Holding Costs per MN Statute 282 . 01 Subd 1 . $0 . 00 FULL PAYMENT REQUIRED : Total : $ 180 .70 DATE PREPARED : 03/16/18 * VALID THROUGH : 05/18/18 Payment must be postmarked 05/18/18 CERTIFIED FUNDS PAYABLE AT TIME OF APPLICATION MAKE PAYABLE TO : HENNEPIN COUNTY TREASURER SUBJECT PARCEL : 61 Address Unassigned HD NUMBER : 23 - 116 -22-24 - 0004 * Hennepin County reserves the right to update cost at anytime Cost Estimate Only Revised 6/09/2015 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Bill Olmschenk, Riley Lake Park Parking Lot Rehabilitation VIII.D. Parks Construction Supervisor, Project Parks and Recreation Requested Action Move to: Accept bids and award the contract for the Parking Lot Rehabilitation at Riley Lake Park to Bituminous Roadways, Inc. in the amount of$112,286.00. Synopsis Riley Lake Park parking lots were constructed in 1994. The parking lots have numerous structural cracking and surface flaking. The best option is to mill the existing bituminous, regrade, compact, repave, and restripe. The staff estimate and budget on this project was $125,000. The funding for this rehabilitation project comes from the Capital Improvement Program, Capital Maintenance and Reinvestment funding under the Parks and Recreation Department. Bid Summary and Recommendation The summary of the bids submitted is as follows: Bituminous Roadways, Inc. $112,286.00 Minnesota Roadways Co $114,264.00 Northwest Asphalt, Inc. $119,670.00 Plehal Blacktopping. $132,534.00 DMJ Asphalt $173,479.00 Barber Construction $268,600.00 Attachment Form of Contract FORM OF CONTRACT THIS AGREEMENT, made and executed this 17th day of April, 2018, by and between City of Eden Prairie, hereinafter referred to as the CITY, and Bituminous Roadways, Inc, hereinafter referred to as the CONTRACTOR, WITNESSETH: CITY and CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Parks and Natural Resources Services referred to in Paragraph IV, as provided by the CITY for: 2018 Riley Lake Park Parking Lot Rehabilitation 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 Park Construction Supervisor. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal d. Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of the Agreement as if fully set forth herein. This Agreement and Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: or in accordance with the Contract Documents. VI.This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence of: CITY OF EDEN PRAIRIE, MN By Its City Mayor And Its City Manager CONTRACTOR In Presence of: By Title And Title CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director April 17, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer, Director, 4th of July Fireworks Contract with VIII.E. Parks and Recreation RES Specialty Pyrotechnics Requested Action Move to: Approve a $25,000 contract for RES Specialty Pyrotechnics to provide Fireworks at the 4th of July Hometown Celebration at Round Lake Park. Synopsis The City of Eden Prairie has provided a high quality 4th of July Hometown Celebration for the past 30 years. RES Specialty Pyrotechnics has been a part of that celebration for 14 years. The Parks and Recreation Department would like to contract with RES Specialty Pyrotechnics again in 2018, with a budget of$25,000. Background In January of 2017, Parks and Recreation staff asked for proposals from three fireworks companies, RES Specialty Pyrotechnics, Hollywood Pyrotechnics, Inc and Pyrotechnic Display for both 2017 and 2018. After reviewing the proposals closely, we have decided to work with RES Specialty Pyrotechnics again this year. RES has always provided an outstanding fireworks display in Eden Prairie. They also work well with the Parks and Recreation staff and the Fire Department. Over 10,000 people gather around Round Lake Park and the surrounding area on the 4th of July to view and enjoy the spectacular fireworks display shot off over the lake. An impressive fireworks display adds tremendous value to the event, invoking a since of community pride. Attachments Bid Synopsis from RES Specialty Pyrotechnics Professional services contract for RES Specialty Pyrotechnics FIREWORKS DISPLAY PROPOSAL FOR CITY OF EDEN PRAIRIE 7/4/2018 \11/,* RES PYRO NONDISCLOSURE The material contained in this document is confidential and is for review only by those directly involved in awarding this bid. This document may not be copied or reproduced in any fashion without written consent of RES Pyro, Inc.. CONFIDENTIALITY Our ideas, concepts and creativity are our livelihood. Your respect for our confidentiality is appreciated. \ l, RES PYRO - ,,, Fireworks Display Proposal for City of Eden Prairie 7/4/2018 What's in My Fireworks Display? We chose a broad spectrum of local and international products for the City of Eden Prairie. They include a carefully selected variety of Chinese, Taiwanese, Japanese and domestic fireworks, plus our own custom-manufactured products. The high-quality shells we use are chosen and crafted for their wow factor. Nearly all of them feature tailed and rising effect designs. This makes it easy for audiences to watch the fireworks streak up from the ground through the sky and burst into color overhead. How is My Fireworks Display Presented? The success of your fireworks show depends on the execution of your display. We understand the difference between "throwing a bunch of stuff into the air" and creating a synchronized visual and aural experience. Over the years, we've determined the most effective display setup for an awe-inspiring presentation. We use an angled rack setup to cover a greater area of the sky. A variety of effects are shot simultaneously into the air in a "V" pattern, filling two separate areas of the sky with identical paterns. All fireworks for the City of Eden Prairie will be shot by a sophisticated computer firing system. You can expect: • A preloaded fireworks show • Precisely-timed choreography • No large gaps of time with only a black sky • Easier control of show pacing • Multiple firings • Added safety for the audience and staff (limited handling of shells in the dark) Your shows's themes will be highlighted throughout our choreography, helping the audience better connect with and appreciate your event. Fireworks display proposal for the City of Eden Prairie What's in the Main Show Body of My Fireworks Display Here's a list of the types of products you'll find in your fireworks display: • Color and report shells • Pattern shells, e.g., hearts, hourglass, stars, butterflies, rings • Effect shells, e.g., whistles, serpents, tourbillions • Strobe and shimmer effects • Glitter and tremalon shells • Crackling and crossette shells • Traditional Japanese shells, e.g., diadems, Saturns, palms, chrysanthemums Shells from the following manufacturers will be displayed: Lidu, Glorious, Kanto, ICON, Sunny, Legion, San Tai, Yung Feng, U.S. Designer, AM Pyro, Flashing Thunder, Vulcan, & RES Pyro. For the City of Eden Prairie, we'll also include a unique segment of signature pattern shells. These shells capture audience's attention with exciting patterns in the sky, like Saturn rings, colored stars with rings, smiley faces,jellyfish, concentric rings, poinsettias and hearts. We'll also include a red, white and blue patriotic segment to showcase our country's colors. A variety of shell effects and designs will be used to highlight the colors of our flag. There may be modifications to the listed products due to inventory availability, nature of the site and product upgrades. What can I Expect in my Fireworks Finale? There'll be no mistake when your grand finale begins. The sky will illuminate with dazzling colors, becoming louder and more brilliant as the finale progresses. We're able to create this kind of experience by using multiple levels of effects. They appear to morph into waves of glittering colors that continue to increase in intensity until the pinnacle — complemented by breathtaking fancy color shells overhead. Fireworks display proposal for the City of Eden Prairie Shows for Reference City of Edina MN Recreation b Parks Assn Dick Crockett Michelle Snider 952-833-9573 763-571-1305 City of Lakeville Excelsior Chamber of Commerce Patty Dexter Laura Hotvet 952-985-4610 952-474-6461 Slice of Shoreview Saint Paul Saints Baseball Jacci Krebsbach Derek Sharrer 651-483-2416 651-644-3517 City of Bloomington Minnesota Twins Baseball Mark Morrison Matt Hoy 952-563-8693 612-659-3651 Maple Grove Days City of Minnetonka Mike Kinnan Sara Woeste 763-424-4365 952-939-8316 City of Eden Prairie Lindsey Danhauser 952-949-8304 City of Eden Prairie 7/4/2018 $25,000 Total Materials Used by Size 3 Inch 710 4 Inch 360 5 Inch 254 6 Inch 201 Barrages 2 1527 Grand Total of Effects in Display 2035 City of Eden Prairie 7/4/2018 Opening Barrage Size Qty Finale Titanium Salute w/Blue Tail 3 48 White Twinkling Chrysanthemum w/Purple Pistil & Purple Tail 4 2 Blue Chrysanthemum w/Lemon Pistil & Silver Tail 4 3 Red Chrysanthemum w/Spangle Palm Pistil & Silver Tail 4 3 Green Wave to Gold Glitter w/Green Flashing Pistil& Silver Tail 4 2 Glittering Silver Chrysanthemum w/Flashing Red Pistil & Red Tail 4 3 Brocade Gold Chrysanthemum w/Cherry Pistil & Gold Tail 4 3 Red Strobe Chrysanthemum to Gold Strobe w/Sea Blue Pistil &Tail 5 2 Glittering Silver to Yellow to Green w/Green Tail 5 2 Blue Chrysanthemum w/Purple Comet Pistil & Blue Tail 5 3 Diadem Chrysanthemum w/Red Strobing Pistil & Red Tail 5 3 Lemon Pink & Sea Blue Chrysanthemum w/White Flashing Pistil &Tail 5 2 Yellow Chrysanthemum w/Violet Pistil & Whistling Tail 5 2 Brocade Gold to Mag Green Chrysanthemum w/Silver Tail 5 2 Cherry to Lemon Chrysanthemum w/Violet Pistil & Silver Tail 6 2 Red to White Flash w/Brocade Green Pistil & Purple Tail 6 2 Gold Silk Chrysanthemum w/Crackling Tail 6 2 Thunderbolt Chrysanthemum w/Thunderbolt Pistil& Brocade Tail 6 2 Total Opening Barrage Effects in Display 88 City of Eden Prairie 7/4/2018 3 Inch Main Show Size Qty Red Wave w/Gold Crackling Chrysanthemum Pistil & Brocade Tail 3 3 Orange Chrysanthemum w/Magenta Pistil & Red Tail 3 3 Gold Wave to Green w/White Flashing Pistil & Silver Tail 3 2 Glitter Gold Chrysanthemum to Multicolor 3 3 Violet Chrysanthemum w/Orange Pistil & Silver Tail 3 2 Reddish Gamboge to Silver to Crackling w/Brocade Tail 3 3 Silver Chrysanthemum w/Coconut Pistils& Red Tail 3 3 Gold Chrysanthemum w/Coconut Pistils & Green Tail 3 2 Sea Blue to Cherry Peony w/Silver Tail 3 2 Green Chrysanthemum w/Strobing White Pistil & Silver Tail 3 2 Blue to Lemon Peony w/Green Pistil & Green Tail 3 2 Purple to Lemon Chrysanthemum w/Silver Tail 3 3 Magenta to Gold Crackling Chrysanthemum Flower w/Crackling Tail 3 2 Magenta to Grass Green Peony w/Crackling Pistil & Silver Tail 3 2 Gold to Red Chrysanthemum w/Silver Tail 3 2 Blue Chrysanthemum w/Strobing White Pistil& Red Tail 3 3 White Strobing Peony w/White Strobing Tail 3 3 Lemon Chrysanthemum w/Violet Pistil & Brocade Tail 3 2 Half Purple Half Green w/Silver Nishiki Kamuro Ring 3 2 Silver Wave to Magenta w/Brocade Tail 3 3 Brocade Crown Ring w/Brocade Tail 3 2 Gold Wave & Green Ring w/Peach Pistil & Gold Tail 3 2 Smiley Face (Multicolor) w/Red Tail 3 3 Glittering Crossette w/Brocade Tail 3 2 Multicolor Flying Stars w/Red Tail 3 3 Gold Palm Tree with Green Pistil 3 2 Green Spider w/Silver Tail 3 2 Crackling Nishiki Kamuro w/Crackling Pistil & Crackling Tail 3 3 Nishiki Kamuro Niagara Falls 3 2 Brocade Crown to White Flashing w/Silver Tail 3 2 Red Strobe Willow w/Silver Tail 3 2 Total 3 inch Main Show Effects in Display 74 City of Eden Prairie 7/4/2018 4 Inch Main Show Size Qty Half Orange Half Violet Peony w/Silver Tail 4 4 Red Gamboge to Blue w/White Blinking Pistil& Brocade Tail 4 5 Blue to Time Rain w/Silver Tail 4 4 Gold & Silver Time Rain Peony w/Coconut Pistil & Silver Tail 4 5 Purple Chrysanthemum w/Cyan Pistil & Brocade Tail 4 4 Orange Chrysanthemum w/Turquoise Pistil & Brocade Tail 4 6 Cherry Chrysanthemum w/Sea Blue Pistil & Brocade Tail 4 6 Gold Wave to Violet w/Gold Crackling Chrysanthemum Flower Pistil 4 4 Green Chrysanthemum w/Blinking White Pistil & Silver Tail 4 4 Red Dark Lemon Peony w/Blue Crossette Pistil & Silver Tail 4 5 Dispark Chrysanthemum (Gold) w/Brocade Tail 4 6 Orange Lemon & Sea Blue Peony w/Silver Tail 4 6 Silver Wave to Grass Green w/Blinking White Pistil & Silver Tail 4 5 Turquoise to Red Peony w/Silver Strobing Pistil& Brocade Tail 4 4 Gold Wave to Blue Chrysanthemum w/Crackling Flower Pistil 4 4 Grass Green Dark Gold Glitter Peony w/Brocade Tail 4 5 White Flashing Peony w/Mag Red Pistil & Red Tail 4 6 Glittering Gold Chrysanthemum w/Magenta Pistil & Brocade Tail 4 5 Violet Chrysanthemum w/Chartreuse Pistil & Brocade Tail 4 5 Red Crackling Peony w/White Flashing Pistil & Red Tail 4 4 Magenta Chrysanthemum w/Aqua Pistil & Brocade Tail 4 4 Red Wave w/White Strobe Pistil & Red Tail 4 6 Spiral Ring Cherry & Sea Blue Alt Stars w/Whistling Tail 4 4 Flower Ring (Peach Lemon & Grass Green) w/Silver Tail 4 4 Silver Wave to Double Grass Green & Purple Ring w/Silver Tail 4 4 Kamuro Circle w/Purple Pistil& Brocade Tail 4 4 Brocade Crown Ring Cover Magenta Ring w/Blue Tail 4 4 Gold Wave & Green Ring w/Violet Pistil & Gold Tail 4 4 Magenta Ring in Turquoise Ring w/Brocade Tail 4 4 Rainbow Ring w/Silver Tail 4 4 Strobing Ring w/Alt Green &White Strobe w/Red Tail 4 4 Magenta Umbrella w/Lemon Strobe Pistil 4 6 Magenta Crossette w/Silver Strobing Pistil& Brocade Tail 4 5 Cherry &White Strobe w/Strobe Tail 4 6 Purple Crossette w/Wave & Brocade Tail 4 4 Silver Glitter to Green Crossette w/Green Tail 4 5 Kiddy Fishes in Crowds w/Gold Tail 4 6 City of Eden Prairie 7/4/2018 Lemon Dahlia w/White Strobe Pistil & Silver Tail 4 6 Purple & Green Umbrella w/Silver Tail 4 6 Gold Palm Tree w/Green Strobe Pistil & Gold Tail 4 5 Gold Spider w/Mag Green Pistil & Gold Tail 4 5 Silver Time Rain Coconut Tree w/Crackling Tail 4 5 Glittering Coconut Tree w/Flashing Red Pistil& Brocade Tail 4 5 Red Coconut Tree w/Blue Pistil & Red Tail 4 6 Silver Palm w/Red Tip & Silver Strobe Pistil & Red Tail 4 5 Purple Diadem to White Flashing w/Purple Tail 4 6 Red Diadem to Grass Green w/Whistling Tail 4 6 Brocade Crown to Crackling Willow w/Crackling Tail 4 6 Gold Brocade Crown w/Violet Pistil & Gold Tail 4 6 Gold Willow w/Green Tips & Crackling Pistil & Brocade Tail 4 5 Crackling Kamuro w/Gold Crackling Chrysanthemum Pistil &Tail 4 6 Silver Crown to Green w/Purple Pistil & Brocade Tail 4 6 Twinkle Kamuro w/Gold Tail 4 6 Kamuro Ending w/Red Tips & White Flashing Pistil Er Brocade Tail 4 6 Total 4 inch Main Show Effects in Display 271 City of Eden Prairie 7/4/2018 5 Inch Main Show Size Qty Red Gamboge to Orange w/Cherry Pistil & Silver Tail 5 3 Yellow to Blue Chrysanthemum w/Orange Pistil & Silver Tail 5 4 Red to Blue to Gold Crackling Chrysanthemum Flower w/Crackling Tail 5 4 Gold Flash to Green to White Flash Peony w/Purple Tail 5 4 Mag Red Peony w/Silver Strobing Pistil & Red Tail 5 3 Purple Peony w/Lemon Pistil & Brocade Tail 5 3 Purple Wave to Aqua w/White Flashing Pistil & Brocade Tail 5 4 Green to White Flash w/Red Crossette Pistil & Red Tail 5 4 Gold Wave to Cherry to Lemon w/Sea Blue Pistil & Brocade Tail 5 4 Violet Turquoise & Lemon Chrysanthemum w/Popping Flower Pistil 5 4 Grass Green to Silver Chrysanthemum w/Strobing Silver Pistil 5 3 Brocade Gold Chrysanthemum w/Purple Pistil 5 3 Violet Peony w/Chartreuse Pistil & Brocade Tail 5 3 Glittering Silver to Cherry w/Green Pistil & Silver Tail 5 4 Magenta Orange & Chartreuse Chrysanthemum w/White Blinking Pistil 5 3 Red to Silver Peony w/Big Blue Pistil & Red Tail 5 3 Cyan Peach &Violet Chrysanthemum w/Popping Flower Pistil 5 4 Gold Wave to Purple to White Flashing w/Purple Tail 5 4 Red to Blue Chrysanthemum w/Blue to Red Pistil & Silver Tail 5 4 Blue Chrysanthemum w/Blinking White Pistil& Brocade Tail 5 3 Purple Dark Orange Peony w/Silver Tail 5 3 Silver Wave to Grass Green to Cherry w/Silver Tail 5 4 Sea Blue Chrysanthemum w/Flashing White Pistil & Brocade Tail 5 4 Orange Chrysanthemum w/Magenta Pistil & Silver Tail 5 4 Half Purple to Lemon & Half Lemon to Purple w/Gold Tail 5 3 White to Blue to Gold Flashing Peony w/Gold Tail 5 3 Flower Wave w/Red Strobe Pistil & Brocade Tail 5 4 Glittering Gold Chrysanthemum to Purple w/Gold Tail 5 4 Kaleidoscope w/Strobing Pistil& Rising Flowers 5 2 Violet to Grass Green Ring w/Silver Tail 5 2 Chinese Fan w/Green Tail 5 2 Green &Yellow Cube w/Purple Tail 5 2 Double Rainbow Rings w/Silver Tail 5 2 Green & Gold Glittering Brocade to Silver Ring w/Gold Tail 5 2 Emerald Green w/Gold Tremelon Starfish Ring 5 2 Gold Bowtie in Green Ring w/Brocade Tail 5 2 Rainbow Ring w/Silver Tail 5 2 City of Eden Prairie 7/4/2018 Red to Blue Cross Ring w/Silver Crackling Pistil & Blue Tail 5 2 Smiley Face (Multicolor) w/Red Tail 5 2 Butterfly in Circle w/Green Tail 5 2 Turquoise Dahlia w/Blinking White Pistil & Silver Tail 5 4 Magenta Umbrella w/Lemon Strobe Pistil& Silver Tail 5 4 Lemon Palm Crossette w/White Strobe Pistil 5 4 Silver Glitter to Red Crossette w/Gold Glitter Tail 5 4 Blue Dahlia w/Silver Coconut Pistil& Silver Tail 5 4 Red & Silver Cascade Crossette w/Red Tail 5 3 Green Flashing Dahlia w/Red Pistil &Whistling Tail 5 4 Lemon w/Crackling Dahlia w/White Strobe Pistil& Silver Tail 5 4 Purple Crossette w/Brocade Tail 5 3 Gold Palm Tree w/Strobing Silver Pistil & Red Tail 5 4 Multicolor Color Falling Leaves 5 5 Silver Crackling Rain Palm Tree w/Crackling Tail 5 4 Golden Coconut Tree to Aqua w/Gold Tail 5 4 Gold Spider w/X-shaped Green Strobe & Red Pistil & Brocade Tail 5 4 Wave Coconut Tree to White Crossette w/Crackling Tail 5 4 Brocade Diadem Chrysanthemum w/Mag Green Pistil 5 4 Gold Willow to Time Rain Crackling w/Gold Tail 5 4 Diadem to Titanium Reports w/Whistling Tail 5 4 Silver Crown to Orange w/Magenta Pistil & Brocade Tail 5 4 Brocade Crown w/White Blinking Pistil & Brocade Tail 5 4 Brocade Crown to Silver Time Rain w/Silver Tail 5 3 White Flashing Crackling Big Willow w/Silver Tail 5 4 Kamuro w/Blinking Pistil & Silver Tail 5 4 Total 5 inch Main Show Effects in Display 214 City of Eden Prairie 7/4/2018 6 Inch Main Show Size Qty Glittering to Purple to Lemon w/Spangle Pistil& Whistling Tail 6 3 Silver Wave to Magenta to Lemon w/White Blinking Pistil & Silver Tail 6 4 Brocade Chrysanthemum w/Green to Magenta Pistil & Silver Tail 6 4 Half Purple to Lemon Half Lemon to Purple Chrysanthemum 6 3 Glittering Silver to Red & Blue w/Glittering Coconut Pistil & Silver Tail 6 4 Purple to Blue Chrysanthemum w/Drifting Lemon Flare Moon 6 3 Orange to Cyan Chrysanthemum w/Blinking White Pistil & Silver Tail 6 3 Flower Wave w/Red Strobe Pistil & Sea Blue Dahlia Ring 6 3 White Strobing Peony w/White Strobing Tail 6 4 Pink to Flower Wave w/Grass Green Pistil & Double Brocade Tail 6 3 Red to Blue to White Flashing Peony w/Red Tail 6 3 Gold Wave to Red Crossette w/Crackling Pistil & Crackling Tail 6 3 Half Pink Half Lemon Peony w/Spangle to Crackling Pistil 6 3 Gold Flash w/Gold Chrysanthemum Pistil & Gold Tail 6 4 Red to Green w/White Strobe Pistil & Silver Tail 6 3 Red to Blue Chrysanthemum w/Flashing Lemon Pistil & Brocade Tail 6 4 Dark Green Peony w/White Strobe Pistil & Green Tail 6 4 Glittering Gold Chrysanthemum to Purple w/Gold Tail 6 3 Lemon Pink Sea Blue Chrysanthemum w/Blinking White Pistil 6 3 Silver to Blue Chrysanthemum w/Red Pistil & Rising Flowers 6 4 Gold Flashing w/Eight Pieces Chrysanthemum Pistil & Gold Tail 6 4 Magenta Orange & Chartreuse Chrysanthemum w/Blinking Pistil 6 3 Pink to Lemon to Grass Green Chrysanthemum w/Flower Pistil &Tail 6 4 Turquoise to Mag Orange Chrysanthemum 6 3 Orange & Dark Green Peony w/Crackling Pistil & Crackling Tail 6 3 Red Gamboge to Sea Blue w/Double Pistil & Crackling Tail 6 3 Gold Bowtie in Green Ring w/Gold Tail 6 2 Purple & Sea Blue Cube w/Purple Tail 6 2 Silver Wave Ring w/Seven Red Stars & Silver Tail 6 2 Pink Cover Grass Green Ring w/Rising Green Tail 6 2 Brocade Butterfly w/Blue Ring & Silver Tail 6 2 Smiley Face w/Green Strobing Eyes & Red Tail 6 2 Double Dark Rings Red in Green & Silver in Red w/Silver Tail 6 2 Red Cover Purple Ring w/White Strobe Pistil & Silver Tail 6 2 Purple w/White Strobe Dahlia & Crackling Pistil & Crackling Tail 6 4 Mag Green Dahlia w/Silver Strobe Pistil w/Red Tail 6 3 Green to Gold Strobe Flower to Green w/Gold Tail 6 4 City of Eden Prairie 7/4/2018 Silver Time Rain Crossette w/Whistling Tail 6 3 Gold Glitter Crown Crossette w/Gold Tail 6 3 Red & Gold Crossette Chrysanthemum w/Red Tail 6 3 Orange Dahlia w/Blinking White Pistil & Strobe Tail 6 3 Red Coconut Tree w/Flashing White Pistil & Red Tail 6 3 Crackling Spider w/Coconut Pistil & Crackling Tail 6 4 Silver Palm w/Red Tip & White Crossette & Silver Tail 6 4 Brocade Coconut Tree w/Bright Lemon Pistil & Brocade Tail 6 4 Wave Coconut Tree to Crackling Flower Crossette w/Crackling Tail 6 3 Red Willow w/Multicolor Flower Pistil& Red Tail 6 3 Purple Diadem to White Flashing w/Purple Tail 6 3 Green Diadem to Yellow w/Green Pistil & Blue Tail 6 3 Gold Kamuro to White Twinkling w/Orange Pistil & Gold Tail 6 4 Kamuro Ending w/Purple Tips & Blinking White Pistil & Brocade Tail 6 4 Diadem Chrysanthemum w/Palm Flower Core w/Silver Tail 6 4 Gold Willow w/Red Tips & Blinking White Pistil & Red Tail 6 3 Brocade Crown w/Red & Blue Double Pistil & Brocade Tail 6 4 Total 6 inch Main Show Effects in Display 173 City of Eden Prairie 7/4/2018 Multiple Effects Barrages Shots Qty 300 Shot X Colorful Diamond 300 x 1 1 210 Shot X Red & Orange Rhyme of Dancing 210 x 1 1 Total Multiple Effects Barrages in Display 510 2 City of Eden Prairie 7/4/2018 Patriotic Shell Segment Size Qty Blue to Red Peony w/White Flashing Pistil & Red Tail 4 2 Red White & Blue Chrysanthemum w/White Flashing Pistil & Silver Tail 4 2 Blue to Red to Silver Crown w/Silver Tail 4 2 Brocade Chrysanthemum w/Red & Blue Pistil & Rising Flowers 5 2 Gold Wave to Red White & Blue Chrysanthemum w/Gold Tail 5 2 Silver Wave to Red to Blue w/Crackling Crossette Pistil &Tail 5 2 Red to Blue to Gold Crackling Chrysanthemum w/Crackling Tail 6 2 Red White & Blue Chrysanthemum w/White Strobe Pistil & Silver Tail 6 2 Total Patriotic Shell Segment Effects in Display 16 City of Eden Prairie 7/4/2018 Signature Pattern Shell Segment Size Qty Lemon to Cherry Color Changing Ring w/Crackling Flower Pistil 4 2 Kamuro to White Strobe Hourglass w/Magenta Ring & Brocade Tail 4 2 Cherry Cover Sea Blue Ring w/Red Tail 5 2 Double Ring Sea Blue to Orange & Orange to Sea Blue w/Tail 5 2 Brocade Crown Cover Grass Green Ring w/Brocade Tail 5 2 Red Blue & Green Ring w/Silver Crackling Chrysanthemum Flower 6 2 Lemon Ring in Orange Ring in Aqua Ring w/Orange Tail 6 2 Brocade Green &Violet Double Ring w/Sea Blue Pistil 6 2 Total Signature Pattern Shell Segment Effects in Display 16 City of Eden Prairie 7/4/2018 Finale Size Qty Finale Titanium Salute w/Heavy Report &Whistling Tail 3 60 Finale Titanium Salute w/Red Tail 3 48 Finale Titanium Salute w/Silver Strobing Tail 3 48 Finale Titanium Salute w/Red Glittering Tail 3 60 Finale Titanium Salute w/Blue Glittering Tail 3 60 Finale Gold Spider w/Gold Tail 3 36 Finale Crackling Spider w/Crackling Tail 3 36 Finale Dispark Chrysanthemum w/Brocade Tail 3 36 Finale Crackling Nishiki Kamuro Niagara Falls 3 36 Finale Magenta Chrysanthemum w/Lemon Pistil & Silver Tail 3 24 Finale Red White & Blue Variegated Chrysanthemum w/Red Tail 3 24 Finale Red White & Blue Variegated Chrysanthemum w/Red Tail 3 36 Finale Glittering Gold Chrysanthemum to Multicolor w/Gold Tail 3 36 Finale Purple Chrysanthemum w/Flashing White Pistil & Brocade Tail 3 24 Finale Turquoise Peony w/Magenta Pistil & Brocade Tail 3 24 Finale New Color Crossette w/White Flashing Pistil & Red Tail 4 9 Finale Red White & Blue Dahlia w/Brocade Tail 4 18 Gold Spangle Chrysanthemum in Purple Circle w/Gold Tail 4 3 Lemon Chrysanthemum w/Mag Red Pistil & Brocade Tail 4 3 Gold Wave Red to Blue Chrysanthemum w/Gold Tail 4 3 Rainbow Chrysanthemum w/Coconut Pistil & Silver Tail 4 3 Diadem Chrysanthemum w/Red Strobing Pistil & Brocade Tail 4 6 Red to Lemon Flashing Big Willow w/Silver Tail 4 3 Gold Kamuro w/Multicolor Palm Pistil & Silver Tail 4 4 Brocade Chrysanthemum w/Red to Blue Pistil & Brocade Tail 4 3 Kamuro w/White Flashing Pistil & Brocade Tail 4 4 Red Gamboge Crown w/Glitter Coconut Core & Red Tail 4 4 Silver to Red to Silver Crown w/Silver Tail 5 3 Red Diadem to Grass Green w/Blue Pistil & Whistling Tail 5 3 Brocade Crown to Purple w/Brocade Ring & Crackling Tail 5 2 Kamuro to Purple w/Flashing White Pistil & Brocade Tail 5 2 Gold Willow w/Violet Tips & Crackling Pistil & Brocade Tail 5 2 Red & Silver Three Tier Peony w/Big Happy Star Pistil &Tail 6 3 Golden Strobing Diadem w/Gold Spangle Pistil & Spangle Tail 6 2 Kamuro to Magenta w/Blinking White Pistil & Brocade Tail 6 2 Brocade Crown to Silver Time Rain Coconut Tree w/Silver Tail 6 3 Total Finale Effects in Display 673 Standard Agreement for Professional Services July 4th Fireworks This Agreement ("Agreement") is made on the seventeenth day of April, 20 18, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and RES Specialty Pyrotechnics a Minnesota pyrotechnics company (hereinafter"Consultant")whose business address is 21595 2861 Street, Belle Plaine, MN 56011. 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 Providing Fireworks and Pyrotechnic Operations for the 4tn of July Celebration at Round Lake Park hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (Fireworks Proposal) in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from April 17, 2018 through July 4, 2018 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $25,000 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name,job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. 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 Pyrotechnics for July 4t'Fireworks Standard Agreement for Professional Services 2014.04 Page 2 of 8 this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Kent Orwell to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the designated staff from the Project without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 9. Termination. This Agreement may be terminated by either party by seven (7)days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant,the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10)days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant Pyrotechnics for July 4t'Fireworks Standard Agreement for Professional Services 2014.04 Page 3 of 8 has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i)shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products —Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 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- Pyrotechnics for July 4t'Fireworks Standard Agreement for Professional Services 2014.04 Page 4 of 8 completed operations, personal and advertising injury, and liability assumed under an insured contract(including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured on ISO forms CG 20 10 07 04 or CG 20 10 04 13; and CG 20 37 07 04 or CG 20 37 04 13, or their equivalent. g. All policies, except the Professional Liability Policy, shall apply on a"per project" basis. h. All polices shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. I. It shall be Consultant's responsibility to pay any retention or deductible for the coveraeges required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days' prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to 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. Pyrotechnics for July 4t'Fireworks Standard Agreement for Professional Services 2014.04 Page 5 of 8 o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City,the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation)to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed,taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold 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. Pyrotechnics for July 4t'Fireworks Standard Agreement for Professional Services 2014.04 Page 6 of 8 14. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 15. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. Pyrotechnics for July 4t'Fireworks Standard Agreement for Professional Services 2014.04 Page 7 of 8 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager FIRM NAME By: Its: Pyrotechnics for July 4t'Fireworks Standard Agreement for Professional Services 2014.04 Page 8 of 8 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Matt Bourne, Parks and Professional Services Agreement with HTPO VIII.F. Natural Resources Manager, for the Staring Lake Play Court Parks and Recreation Improvements Project Requested Action Move to: Authorize entering into a Standard Agreement for Professional Services with HTPO for construction administration services related to the Staring Lake Park Play Court project at a cost not to exceed $57,800. Synopsis Staff recommends entering into a professional services agreement with HTPO for civil engineering and surveying services for the construction phase of the Staring Lake Park Play Court Improvements project. Background City staff entered into an agreement with HTPO for the conceptual design and development of plans and specifications for this project in August. The project was bid and the contract for the addition of 8 pickleball courts was awarded to Odesa II at the March 6th, 2018 Council meeting. HTPO has performed similar work for the Round Lake Phase II and Cedar Hills Park projects and staff feels very comfortable recommending them for this project. Recommendation The proposal from HTPO is in line with our estimate and staff recommends approval of this contract. Attachment Standard Agreement for Professional Services 2017 06 01 Agreement for Professional Services This Agreement ("Agreement") is made on the 17th day of April, 2018, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen, Thorp, Pellinen, Olson, Inc., a Minnesota Cooperation (hereinafter "Consultant") whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for civil engineering and surveying services for the construction phase for Staring Lake Park Play Court Improvements hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A 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 April 17, 2018 through the completion of the work 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 $57,800.00 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for Version 2017 06 01 performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth Page 2 of 1 1 2017 06 01 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 has received payment by the City, the Consultant shall pay interest Page 3 of 1 1 2017 06 01 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.) Umbrella or Excess Liability $1,000,000 Page 4 of 1 1 2017 06 01 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 11 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 11 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 1 1 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 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. 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, Page 8 of 11 2017 06 01 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. 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 Page 9 of 11 2017 06 01 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 11 2017 06 01 Exhibit A Scope of Services 1. Construction Administration HTPO will provide construction administration services, including: a. Preparation of revised submittal to Watershed District for Alternate 2. b. Communications with contractor, watershed district, and MAC/FAA. c. Coordination with geotechnical engineer. d. Conduct preconstruction meeting. e. Review shop drawings. f. Prepare contractor pay requests and record drawings. g. Project closeout. 2. Construction Observation HTPO will provide up to 200 hours of construction observation services, including: a. Observation during the critical construction duration (assuming half time observation). b. Review of site restoration work. c. Final walk through and punch list. 3. Construction Staking HTPO will provide construction staking services, including: a. Stakes for erosion control. b. Mass grading stakes. c. Line and grade stakes for water line and related appurtenances. d. Line and grade stakes for concrete pavement and bituminous trail. e. Line and grade stakes for basketball court, tennis court, pickleball courts, sand volleyball court and related appurtenances. f. Line and grade stakes for light poles and electrical power pedestal. g. Line and grade stakes for site amenities: benches, tables with benches,umbrellas, bicycle rack, and drinking fountains. 4. Geotechnical Services Braun Intertec will provide Geotechnical services, including: a. Excavation observations,proofroll observations, compaction testing, and concrete testing. b. Infiltration tests at the two new infiltration basins. A total of 6 infiltration tests are proposed including three tests before and three tests after the placement of the compost material. (Tests will be performed at two locations for Basin 1 due to the large size.) Page 11 of 11 2017 06 01 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Matt Bourne, Parks and Professional Services Agreement with HTPO VIII.G. Natural Resources Manager, for Construction Phase Services for Parks and Recreation Reconstruction of Field#11 Requested Action Move to: Approve the Standard Agreement for Professional Services with HTPO for Construction Phase Services for the Reconstruction of Soccer Field 11 at Miller Park at a cost not to exceed $32,600.00. Synopsis Staff recommends entering into a professional services agreement with HTPO for construction administration, observation and staking for the Reconstruction of Soccer Field#11 at Miller Park. The proposed project is scheduled in the Capital Improvement Program for 2018. Background City staff entered into an agreement with HTPO for the design phase services for this project late last year. Bids were received and the construction contract was awarded to New Look Construction at the March 20th Council Meeting. HTPO has performed similar work for the Soccer Field#9 and#10 Reconstruction Projects and staff feels very comfortable recommending them for this project. Recommendation The proposal from HTPO is in line with our estimate and staff recommends approval of this contract. Attachment Standard Agreement for Professional Services 2017 06 01 Agreement for Professional Services This Agreement ("Agreement") is made on the 17th day of April, 2018, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen, Thorp, Pellinen, Olson, Inc., a Minnesota Cooperation (hereinafter "Consultant") whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for civil engineering and surveying services for the construction phase for the Reconstruction of Soccer Field#11 at Miller Park hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A 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 April 17, 2018 through the completion of the work 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 $32,600.00 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for Version 2017 06 01 performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth Page 2 of 1 1 2017 06 01 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 has received payment by the City, the Consultant shall pay interest Page 3 of 11 2017 06 01 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.) Umbrella or Excess Liability $1,000,000 Page 4 of 1 1 2017 06 01 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 11 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 1 1 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 1 1 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 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. 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, Page 8 of 11 2017 06 01 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. 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 Page 9 of 11 2017 06 01 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 11 2017 06 01 Exhibit A Scope of Services 1. Construction Administration HTPO will provide construction administration services, including: a. Communications with contractor and watershed district. b. Coordination with geotechnical engineer. c. Conduct preconstruction meeting. d. Review shop drawings. e. Prepare contractor pay requests and record drawings. f. Project closeout. 2. Construction Observation HTPO will provide up to 125 hours of construction observation services, including: a. Observation during the critical construction duration(assuming half time observation). b. Review of site restoration work. c. Final walk through and punch list. 3. Construction Staking HTPO will provide construction staking services, including: a. Stakes for erosion control. b. Mass grading stakes for swales and soccer field. c. Line and grade stakes for storm sewer pipe and structure. d. Line and grade stakes for bituminous trail replacement. e. Line and grade stakes for drain tile cleanouts and tees. f. Grid line for panel-shaped drain tile. g. Blue top soccer field for verification of field subgrade elevations. 4. Geotechnical Services Braun Intertec will provide Geotechnical services, including: a. Compaction testing and proofroll observations. b. Onsite observation of sample collecting by contractor. Page 11 of 11 2017 06 01 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Bill Olmschenk, Accept bids and award the contract for 2018 VIII.H. Parks Construction Supervisor, Hidden Ponds Park Courts Rehabilitation Parks and Recreation Project to MN Roadways Co. Requested Action Move to: Accept bids and award the contract for the Courts Rehabilitation at Hidden Ponds Park to MN Roadways Co. in the amount of$61,233.00. Synopsis Hidden Ponds Park hard courts were constructed in 1981. The courts have numerous structural cracking and surface flaking. They are becoming un-level and potentially unsafe. The cracks are too large to fill and recoat. Best option is to tear out existing bituminous, regrade, compact, repave, and recolor coat. Background The scope of this project is to tear out existing, bituminous, regrade, compact, and repave. Clean and wash surface as required, fill all cracks with acrylic patch binder, patch as needed for proper drainage and apply a 4-coat color system using acrylic resurfacer with filler and acrylic color with filler. The courts will be lined for one USTA doubles tennis court and one basketball court. The staff estimate and budget on this project was $65,000. The funding for this rehabilitation project comes from the Capital Improvement Program, Capital Maintenance and Reinvestment funding under the Parks and Recreation Department. Bid Summary and Recommendation The summary of the bids submitted is as follows: Minnesota Roadways Co $61,233.00 DMJ Asphalt, Inc. $65,926.04 Northwest Asphalt, Inc. $68,636.60 Bituminous Roadways, Inc $74,685.00 Attachment Form of Contract FORM OF CONTRACT THIS AGREEMENT, made and executed this 17th day of April, 2018, by and between City of Eden Prairie, hereinafter referred to as the CITY, and Mn Roadways Co, hereinafter referred to as the CONTRACTOR, WITNESSETH: CITY and CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Parks and Natural Resources Services referred to in Paragraph IV, as provided by the CITY for: 2018 Hidden Ponds Park Courts Rehabilitation 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 Park Project Supervisor. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal d. Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of the Agreement as if fully set forth herein. This Agreement and Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence of: CITY OF EDEN PRAIRIE, MN By Its City Mayor And Its City Manager CONTRACTOR In Presence of: By Title And Title CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Approve 2017 Unbudgeted Fund Transfers VIILI. City Manager/Finance Requested Action Move to: Approve 2017 unbudgeted fund transfers. Synopsis As part of the audit of the City's financial statements, the year-end unbudgeted transfers are summarized and reported to the City Council. The City Council acceptance of the transfers is a recommended practice by the City's auditors. Most of the transfers are related to the transferring of assessment revenue and the various funds share of a project. Attachment Transfer Schedule City of Eden Prairie Transfer Schedule 12/31/17 Transfer Transfer In Out Amount Explanation Allocation of Costs Capital Maintenance and Improvement Fund General Fund 8,400 General Fund share of Edenvale Trail General Fund Senior Board 2,000 Transfer the Senior Board's share of various programs/projects Facilities Fund Senior Board 4,400 Transfer the Senior Board's share of various programs/projects General Fund General LRT 11,889 Transfer costs that pertain to Light Rail Transit Construction Fund Shady Oak South 2,800,000 Transfer state aid for Preserve Blvd Capital Maintenance and Improvement Fund Park Improvement 835,000 Transfer portion of Riley Lake Park Renovation project Capital Maintenance and Improvement Fund Shady Oak Road South 2,331,581 Funds available for capital improvement projects 2016A GO Bonds-West 70th St. Flying Cloud Drive 30,000 Transfer excess assessments from Flying Cloud Drive to West 70th Extension project G.O.Permanent Improvement Bonds 12C Shady Oak Road North 1,600,000 Transfer Shady Oak Road North Fund's share of assessments Transportation Fund Shady Oak South 3,125,000 Funds available for general transportation projects Transportation Fund Shady Oak South 850,000 Transfer state aid North/South Road General LRT 382 Transfer costs that pertain to Light Rail Transit General LRT Transportation Fund 531,183 Transportation Fund share of Light Rail Transit CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 17, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Adopt updated Capital Asset Policy VIII.J. City Manager Requested Action Move to: Adopt updated City of Eden Prairie Capital Asset Policy. Synopsis The Capital Asset Policy was updated to provide clarification to various sections of the policy including the following: • Revision to depreciation to match the financial software calculations. Depreciation begins on the first day of the month an asset is acquired. Previously, the policy stated an asset's depreciation will begin the following month if purchased after the 15th date. • Revision to the valuation used for Donated Assets. These assets should be recorded at acquisition value and not fair market value per GASB Statement Number 72. • Minor adjustment to the Useful Lives table regarding distribution systems. Sump pumps depreciated at 25 years. Attachment Policy City of Eden Prairie Capital Assets Policy General Capitalizable Assets The City of Eden Prairie will recognize all items with a per unit value of$25,000 or more and a useful life of over one year as a capital asset. Listed below are the only exceptions to this policy: Autos Vehicles will be recognized and recorded as capital assets regardless of per unit value. Easements Easements with a value of$100,000 or more and a useful life of over one year will be recognized as a capital asset. They will be considered intangible assets. The City's intangible assets are included in the Land category and are not amortized. If there are easement costs associated with a construction project and the easement costs are less than $100,000,the easement costs will be included in the construction asset as a whole. Easements picked up during the construction project will be included with and amortized as part of the asset as a whole. Infrastructure The City has elected to use the modified approach for its infrastructure assets;this method is allowed by GAAP provided the infrastructure assets are properly maintained on an ongoing basis. The modified approach presumes that an infrastructure asset has an indefinite useful life; therefore, it is not depreciated. In addition,the cost of a replacement must be treated as an expense of the period rather than capitalized. The City will capitalize all new infrastructure projects. The City will expense any projects that replace existing infrastructure. If a project has both new and replacement elements, a percentage of each will be obtained from the Engineering Division. Replacement portions will be expensed. New portions that collectively exceed the City's governmental-wide materiality threshold will be capitalized. Software Regarding the capitalization of software,the City follows GASB 51. Software which meets the City's $25,000 threshold on a per unit basis will be capitalized. This includes both off-the-shelf and internally generated software and significant upgrades. Following GASB51, only the Application Development Stage of any software development or implementation will be capitalized. Depreciation The City of Eden Prairie uses the straight line method of depreciation. Depreciation begins on the first day of the month the asset is acquired. In the case of asset disposal, depreciation is taken through the end of the month the asset is disposed. For example, asset A is purchased on January 15. Depreciation for asset A will begin on January 1. Asset A is disposed on March 15. Depreciation will be calculated for January 1—March 31. Repairs and Maintenance vs. Improvements (Betterments) Repairs and Maintenance "Governments often expend resources on existing capital assets. Most often,these expenditures simply preserve the asset's utility. Any outlay that does no more than return a capital asset to its original condition, regardless of amount, should be classified as maintenance and repairs [...]and recognized as expense when incurred."' Improvements (Betterments) If the costs incurred provide additional value "either by 1) lengthening a capital asset's useful life or 2) increasing a capital asset's ability to provide service (i.e., greater effectiveness or efficiency), [...] the improvements should be capitalized and recognized as expense (i.e., depreciation or amortization) over the estimated useful life of the improvement." 2 To help determine whether an item is Repair & Maintenance (to be expensed) or a Betterment (to be capitalized), the City of Eden Prairie uses the following Capital Assets Decision Tree. Using the decision tree below, projects such as roof replacement or trail overlay would be expensed. Items such as a trail extensions or the expansion of an athletic field would be capitalized. Capital Fixed Asset Decision Tree 1. Does the asset exceed the $25,000 capitalization threshold? Yes—go to question #2 No—expense 2. Is the asset brand new or an extension/addition of an existing asset? Yes—capitalize No—go to question#3 3. Does the cost incurred allow the asset to perform a new function it did not perform previously? Yes—capitalize No—go to question#4 4. Does the cost incurred increase the asset's effectiveness or capacity? Yes—capitalize No—go to question #5 5. Does the cost incurred extend the asset's useful life by at least 1 year (rather than maintain the asset's current original useful life). Yes—capitalize (Note: question #5 does not apply to infrastructure) No—expense it ' GOVERNMENTAL ACCOUNTING,AUDITING,AND FINANCIAL REPORTING,"Improvements v.repairs,"p.450 2 ACCOUNTING FOR CAPITAL ASSETS A Guide for State and Local Governments,"Improvements(betterments),"p.36-37 Valuation When establishing the value of a capital asset, one of the following valuations must be used: Actual Cost: The purchase price plus any additional charges incurred to place the asset in a position or location ready to serve the City. Additional charges consist of freight charges, site preparation costs, insurance on equipment while in transit, installation costs, legal fees and professional fees. Estimated Cost: If actual costs are not available,the City should use estimated costs in valuing the capital asset. This should only pertain to an asset purchased in prior years that was not given a value for the capital asset system. Acquisition Value (Used for Donated Assets): The price that would be paid to acquire an asset or the amount for which a liability could be liquidated at the acquisition date. Object Definitions Land-Any real estate purchased by the city. "Land frequently is closely associated with some other asset (e.g., land under a building or road). No matter how close this relationship may be, land should always be treated separately. Thus, land purchased to build a highway should not be capitalized as part of the cost of the highway."' Land improvements—These are permanent(i.e. non-moveable)improvements,other than buildings,that add value to land, but do not have an indefinite useful life. Examples include fences, retaining walls, parking lots, and most landscaping. Moveable items (e.g., picnic tables in a park) should be classified as "other assets." Buildings - Buildings are defined as permanent structures to house equipment, services or functions. Capitalized costs include the cost to build or the market value at acquisition. Costs such as land acquisition and demolition are not included as part of building costs. Auto - Trucks, vans, snow plows, police cars, other automobiles or parts added to these vehicles which will substantially add to the useful life of the asset. Machinery & Equipment —This category includes a wide range of assets: tools, lawnmowers, forklifts, dictating machines, audio-visual equipment, etc. Infrastructure— Defined as long-lived capital assets that normally are stationary in nature and normally can be preserved for a significantly greater number of years than most capital assets. Examples include roads, bridges,tunnels, dams,trails, sidewalks, and lighting systems. 3 ACCOUNTING FOR CAPITAL ASSETS A Guide for State and Local Governments,"Individual major asset classes,"p.22 Distribution systems—Consist of storm drainage, water and sewer systems. Leasehold Improvements—Improvements to a building that the City is leasing. Other Assets -All other assets that meet the test of capitalized assets that are not included in one of the categories above will be classified as "Other Assets." Procedures Assigning Contact Person: It is the Director's responsibility to assign at least one contact person to be in charge of the division's capital assets. Finance will contact this person if any capital asset questions arise or actions are needed. The Contact Person is also responsible for resolving with Finance any problems that may occur during the year. Completing Forms: Whenever a capital asset is purchased, retired,transferred,or traded-in, it will be the Contact Person's responsibility to fill out the appropriate form and submit it to Finance. Conducting Year-End Inventory: Based on the schedule below,the Contact Person for each Department will be responsible for conducting a physical inventory at year-end. A listing of capital assets will be provided by Finance to the Contact Person. It will be their responsibility to check the accuracy of this listing by verifying the capital asset listing to the actual assets in their department. Any discrepancies or actual assets not recorded or since retired or scrapped should be noted on the capital asset listing. Once the inventory is completed,the forms should be submitted back to Finance. Schedule for Conducting Physical Inventory 1st Year 2nd Year • Autos • Land • Machinery& Equipment • Land Improvements • Other Assets • Improvement Contracts (Infrastructure) • Leasehold Improvements • Building Useful Lives Buildings 5-50 years Land improvements 10-50 years Leasehold improvements 10-25 years Equipment 5-30 years Autos 5-20 years Other assets 5-30 years Distribution system 25 or 50 years Intangibles 3 years Sample Capital Asset Form Please fill out this form when purchasing a new vehicle, selling an old vehicle, scrapping a vehicle, and selling or scrapping any fixed asset. Date: Vehicle Year/Color: Veh Model & Serial# Assigned Vehicle#: Type of Plates Needed: Department Location: Date Sold: Where Purchased: Please return this information to the Finance Department/Attn: Shannon Account Code Purchase Price Letter to Insurance Agent K:\Maintenance Facility\Fleet Services\Paul\Fixed Assets\Blank Fixed Asset Form CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 17, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. #12-5815 ITEM NO.: Leslie Stovring Approve Service Agreement with VIII.K. Engineering Division WaterGuards for Conducting Watercraft Inspections Requested Action Move to: Approve the Service Agreement with WaterGuards for watercraft inspections at 5 lakes within the City at a cost of$33,408. Synopsis Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) has requested that the City of Eden Prairie establish a municipal aquatic invasive species inspection program. To aid in this effort, the District voted to allocate $50,000 to the Cities of Eden Prairie and Chanhassen to supplement the funds already set aside by the cities for 2012. The City of Eden Prairie would receive half of this amount. WaterGuards was contacted to provide an estimate to conduct inspections at lakes within the District as they have previous experience in providing this type of service. The costs above the grant will be paid from the Stormwater Utility. Background Information On March 14, 2012 RPBCWD sent a letter acknowledging the City's efforts in establishing an aquatic invasive species (AIS) program. The Board of Managers stated that they felt that the best approach at this time would be to assist the cities in establishing an inspection program for public boat accesses. It was assumed that inspections would be targeted at lakes recognized as having regional significance, such as Riley, Lotus and Ann. However, the grant was not intended to limit inspections to these lakes but could be allocated to other lakes with public motorboat access, such as Mitchell and Red Rock Lakes. It is their hope that implementation of the inspection program will help educate the public about invasive species while slowing or preventing the spread of invasive species such as zebra mussels. WaterGuards was selected to help with the watercraft inspection program as they have experience in locations such as Sherburne and Isanti Counties. The City will also provide new signage for AIS education, hire an environmental intern to supplement the inspection hours and work with the District on weed management. Expenses above the grant would be paid out of the stormwater utility. Attachment Professional Services Agreement 2017060 / Agreement for Professional Services This Agreement {"Agreement") is made on the i5J daj7 f Q , 20 between the City of Edert Prairie, Minnesota (hereinafter i'City„), 'whose business address is 8080 Mitchell Road, Eden Prairie, M1�1 55344, and t V t.e Vt i ("Consultant" ), a oration hereinafter , "Consuftant": whose business address is Minnesota Corp ( ) Preliminary Statement The City has adopted a policy regarding the selection and hiring ofconsuitants 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 Cit31. The purpose of this Agreement is to set forth the teens and conditions for the provision of professional services by Consultant for vtiek kverati Irl d jon sevvices 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 (, 0 a.k ctact trIel 1512t` } in connection sv th the Work. Exhibit A is intended to be the scope of service for the %vorl; of the Consultant. Any general or specific conditions terms agreements, consultant or industry proposal , or contract attached to or a part of Exhibit A. are declined in full and, acecrrdin ly, are deleted and shall not be in effect in any meatier. 2, Term . , , The term of this Agreement shall be fr in s , i -t lgi through vet , 31 , 7,01 the date of signature by the-parties notwithstanding. `Phis Agreement tray be extended upon the % ritten riiutual consent oftlie 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 pair the Consultant on an hourly basis plus' expenses in a total amount not to exceed ! 3170 40 for the services as described in Exhibit A . plats s 44-togt ' iaiiiiill : 40 a. Any changes in the scope of the work: which may result in tut increase to the ? compensation due the Consultant , shall require, prior % ritten approval by xi authorized representative of the Cite or by the City Council . The Cite will not pay additional compensation for services that do not have prior written authorization, bt Special ' Consultants stay be utilized by the Consultant %when required by the complex or specialized nature alike Project and \ hen authorized ed in svritittg by the pity. °er ; i-.in 2017 06 01 Scanned by CamScanner 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 Go& 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 Iost 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 StaiTmg. 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 maybe 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 CO 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. AU General Liability policies, Automobile Liability policies and Umbrella policies in favor of the City. contain a waiver of shallsubrogation 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 (Le., 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 cla'm 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 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. 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 h 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 /Lcru• ria4( J41Jufr&vdS1tv f Johvisovi Its : Re PU /LL4-' Page 10 of 10 2017 06 01 A WaterGuards , LLB -�-y- � --- - March 15 , 2018 N-c-C;j: St Eden Prairie , Minnesota Aquatic Invasive Species Prevention Program AIS Inspection Services STEPHANIE JOHNSON , PRESIDENT PO Box 277 , St . Joseph MN 56374 320 . 249 . 7550 sjohnson@waterquards . net / Irl(W than() WaterGuards I . Executive Summary WaterGuards is pleased to submit this proposal to Eden Prairie for watercraft inspection and boater education services at Eden Prairie lakes for the summer of 2018 . WaterGuards is an experienced provider and will fulfill the requirements outlined in the request for proposal at an hourly rate of $ 20/ hour ( $32 , 640 assuming $20 x 1 , 632 hours ) for Level I . Please see detail below . II . Introduction WaterGuards provides lake access watercraft inspection and boater education services in order to prevent , limit or slow the introduction , establishment and spread of aquatic invasive species into our lakes and other waters . Our mission is to help counties , government units and lake associations fight against invasive species . WaterGuards was founded in 2011 by Stephanie Johnson . As a long -time lake resident , she saw the need to help lakeshore owners protect their waters . After helping her lake association implement a watercraft inspection and boater education program , she decided to help other lake associations and Minnesota counties do the same . She works regularly as an inspector and educator at area lakes to stay up-to -date and have first- hand knowledge of issues boaters and inspectors face . We are 100% committed to lake access watercraft inspection and boater education services . This is all we do and it is all we have done for seven years ! We do not provide employees/ inspectors for any other occupation or industry . This focus allows us to offer the best watercraft inspection services available . Our staff works closely with the Minnesota DNR and other counties and lake improvement districts in Minnesota and remains current on aquatic invasive species issues and best practices for watercraft inspection . III . Our Package / Scope of Work Our standard watercraft inspection and education package includes : • Watercraft Inspectors . o DNR trained Level I or II Inspectors to monitor your lake landings for invasive species . o Inspectors are trained by the DNR to educate boaters on the laws and best practices to avoid spreading invasive species , improving our long -term odds of limiting the spread of invasive species . o Inspectors are dedicated to protecting Minnesota waters from invasive species . o Inspectors are uniformed with an official vest and lanyard designating status as an inspector to provide quick recognition by boaters and a level of authority . • Professional Management . o WaterGuards will hire the watercraft Inspectors . This includes advertising for employees , interviewing , and finding the right people to protect your waters . o We schedule the watercraft Inspectors so your access points are covered when you want them covered and at the busiest times . We use an online scheduling app /system so schedules are at employee ' s fingertips . Our scheduling system also allows employees to drop and pick up shifts electronically . o We use an electronic attendance app . Employees " clock in and out " via personal cell phone . www . WaterGuards . net PO Box 277 St . Joseph , MN 56374 320 . 249 . 7550 sjohnson@WaterGuards . net 2 o We spot check watercraft Inspectors for quality assurance and are able to address staffing issues if they arise . o We limit our managers to supervise no more than ten watercraft inspectors to ensure ongoing quality and sufficient time for spot checks . o We assist our inspectors when they must report findings or submit samples of invasive species to the DNR or make reports to law enforcement . o We keep inspectors up to date on recent invasive species infestations and also provide ongoing reminders of best practices all summer long . o WaterGuards maintains a good working relationship with the Minnesota DNR . • Payroll Management . o WaterGuards directly pays the inspectors as an independent contractor. WaterGuards hires the employees , generates the W -2s , checks the I - 9s and gathers the W -4s . The Watercraft Inspectors are WaterGuards , LLC employees . o WaterGuards includes payroll taxes ( FICA , FUTA , and unemployment ) in its hourly rate . o WaterGuards maintains its own workers compensation and liability insurance . IV . Inspection Schedule / Lake WaterGuards will provide inspection services from May 19 through Labor Day ( September 3 , 2018 ) . With four additional dates : Sept . 8 , 9 , 15 and 16 . Level I Inspectors • Riley Lake o Two staff people on Friday , Saturday and Sunday from 7 am to 7 pm ( one shift from 7 am to 3 pm and one shift from 11 am to 7 pm ) o One staff person from Monday through Thursday from 8 am to 6 pm o After Labor Day , one staff on Saturday and Sunday from 7 am to 5 pm . • Red Rock and Mitchell Lakes o One staff person for two 4- hour shifts per week at each lake . o The 2 lakes can be combined on one day to provide one 8 - hour shift for 2 days per week . o The days spent at each lake should vary from week to week to prevent establishing a pattern . Level I Total for 3 lakes : 1 , 632 hours at $ 20 / hour= $ 32 , 640 Inspectors will use personal devices or city owned devices for data collection . V . Hourly WaterGuards hourly rate is $ 20 / hour for Level I Inspectors . This rate includes employee ' s hourly pay , all payroll taxes , liability insurance , workers compensation insurance , advertising to , recruiting and screening employees , background checks , and more . WaterGuards DNR Level 1 training rate is $ 12/ hour ( not to exceed a maximum of 8 hours / inspector) for Level I . Other than limited DNR training , WaterGuards only charges for hours inspectors actually spend at the access . All management oversight and other non - access employee hours are not charged to Eden Prairie , but absorbed by WaterGuards . This proposal will remain valid until June 1 , 2018 . , www . WaterGuards . net PO Box 277 St . Joseph , MN 56374 320 . 249 . 7550 sjohnson@WaterGuards . net 3 WATELLC-01 JO A L R0 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/23/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Mahowald Insurance Agency,LLC PHONE FAx 916 W Saint Germain St (A/C,No,Ext): (320)251-3751 (A/C,No):(320)251-2373 L Suite 100 ADDRESS: Saint Cloud,MN 56301-4096 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Western National Mutual Ins Co 15377 INSURED INSURER B:SFM 11347 WaterGuards,LLC INSURER C: 29311 Kingsdale Circle INSURER D: Cold Spring,MN 56320 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR W POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD VD (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR CPP 1181002 05/08/2018 05/08/2019 DAMAGE TO RENTED 100,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JECT PRO LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILECOMBINED SINGLE LIMIT LIABILITY (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ AUTOS ONLY NON-OWNEDUUO PROPERTY accident) DAMAGE UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N 74938.202 07/06/2017 07/06/2018 100,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Eden Prairie THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 8080 Mitchell Road Eden Prairie,MN 55344 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Robert Ellis Institution Community Work Crew VIII.L. Public Works Agreement Requested Action Move to: Approve Institution Community Work Crew Agreement. Synopsis Annual agreement for labor assistant provided by the Minnesota Department of Corrections through the Institution Community Work Crew (ICWC)program from July 1, 2018 through June 30, 2020 at a cost of$89,500.00 per year. The types of tasks ICWC members perform are related to street,park and utility maintenance. Background Information Each year, the city relies on labor assistance provided by the Minnesota Department of Corrections through the Institution Community Work Crew(ICWC)program. The types of tasks ICWC members perform are related to street,park and utility maintenance. ICWC members are supervised by a crew leader provided by the state. The ICWC program provides up to ten crew members and one crew leader for three days per week. This program helps provide offender crew members with valuable job skills and experience, while allowing the city to keep maintenance costs of our infrastructure low. Attachment Agreement Income Contract No . (Provided by Department of Administration) STATE OF MINNESOTA INCOME CONTRACT This contract is between the State of Minnesota, acting through its Commissioner of Corrections , Institution Community Work Crew Program (" State") , and the City of Eden Prairie, 15150 Technology Drive , Eden Prairie, Minnesota, 55344 ( "Purchaser" ) . Recitals 1 . Under Minn . Stat. § 241 . 278 the State is empowered to enter into income contracts . 2 . The Purchaser is in need of an Institution Community Work Crew (ICWC) on an as needed basis . 3 . The State represents that it is duly qualified and agrees to provide the services described in this contract . 4 . This is designated as Crew # 1 Contract 1 Term of Contract 1 . 1 Effective date : July 1 , 2018 , or the date the State obtains all required signatures under Minnesota Statutes Section 16C . 05 , subdivision 2 , whichever is later . 1 . 2 Expiration date : June 30, 2020 , or until all obligations have been satisfactorily fulfilled , whichever occurs first. 2 State ' s Duties The State will : 2 . 1 Provide a crew leader who will supervise up to ten ( 10) offender crewmembers during four (4) 10- hour days per week, including the hours crew leaders spend for daily preparation, communication and travel . The crew leader will take directions as to the location and nature of the work to be completed on a given day as requested by the Purchaser ' s Authorized Representative or designee . 2 . 2 Train each work crew in safety principles and techniques set forth by applicable federal , state and local agency requirements . Purchaser agrees that the State has the authority to refuse selected projects if it considers the projects beyond the skill level of the crewmembers and/or unsafe to perform . 2 . 3 Provide required personal safety equipment and clothing needed for specific work. 2 . 4 Screen projects to ensure that appropriate staff are assigned . 2 . 5 Submit reports to the Purchaser upon request . 3 Purchaser ' s Duties The Purchaser will 3 . 1 Obtain all necessary permits or licenses or special authority for all projects that utilize ICWC labor . 3 . 2 Assign all work and coordinate material purchases and delivery through the ICWC crew leader for projects to be performed by the State . 3 . 3 Hire any subcontractors utilized in the project . 3 . 4 Provide utilities at the work site and set up accounts for the purchase of materials and rental of specialized tools or equipment needed for the work . 3 . 5 Meet with the State as necessary to provide project information needed by the State in the performance of its ' duties . 4 Payment The Purchaser will pay the State for all services performed by the State under this contract as follows : Payment shall be made by the Purchaser to the State in the amount of forty-four thousand seven hundred fifty and 00/ 100 dollars ($ 44, 750) on August 1 , 2018 , forty-four thousand seven hundred fifty and 00/ 100 dollars ($44, 750) on January 1 , 2019, forty four thousand seven hundred fifty and 00/ 100 dollars ($44 , 750 . 00) on August 1 , 2019, and forty four thousand seven hundred fifty and 00/ 100 dollars ($44 , 750 . 00) on January 1 , 2020 . Any overtime hours will be billed at the rate of seventy-five and 00/ 100 dollars ($75 . 00) per hour. Revised 9/02 The total obligation of the Purchaser for all compensation and reimbursements to the State under this contract is one hundred seventy nine thousand and 00/ 100 dollars ($ 179 , 000 . 00), plus any additional overtime hours, as its share of the cost of providing a crew leader and placing the work crews into service on the ICWC Program during the term of this agreement. The Purchaser ' s share includes time scheduled for training, vacation, sick leave and holidays based on the terms and condition of the crew leaders AFSCME bargaining agreement . 5 Authorized Representatives The State' s Authorized Representative is Scott Miller, ICWC Supervisor, or his successor . The Purchaser ' s Authorized Representative is Bill Olmschenk, Parks Supervisor, City of Eden Prairie , or his successor . 6 Amendments , Waiver, and Contract Complete 6 . 1 Amendments. Any amendment to this contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original contract, or their successors in office . 6 . 2 Waiver. If the State fails to enforce any provision of this contract, that failure does not waive the provision or its right to enforce it. 6 . 3 Contract Complete. This contract contains all negotiations and agreements between the State and the Purchaser . No other understanding regarding this contract, whether written or oral, may be used to bind either party . 7 Liability Each party will be responsible for its own acts and behavior and the results thereof. Each party will be responsible for its own acts and behavior and the results thereof. The liability of each party is set out respectively in chapter 3 . 736 and Chapter 466 . 04 of the Minnesota Statutes and is subject to the limitations thereof. Nothing herein shall be construed to limit either party from asserting against third parties any defenses or immunities ( including common law, statutory and constitutional) it may have or be construed to create a basis for a claim or suit when none would otherwise exist. This provision shall survive the termination of this Agreement . 8 Government Data Practices The Purchaser must comply with the Minnesota Government Data Practices Act, Minn . Stat . Ch . 13 , as it applies to all data provided by the State under this contract. The civil remedies of Minn . Stat . § 13 . 08 apply to the release of the data referred to in this clause by either the Purchaser or the State . If the Purchaser receives a request to release the data referred to in this Clause, the Purchaser must immediately notify the State . The State will give the Purchaser instructions concerning the release of the data to the requesting party before the data is released . 9 Publicity Any publicity regarding the subject matter of this contract must not be released without prior written approval from the State ' s Authorized Representative . 10 Audit Under Minn . Stat . § 16C . 05 , subd . 5 , the Purchaser' s books, records, documents , and accounting procedures and practices relevant to this contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate , for a total of six years . 11 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of- law provisions, governs this contract. Venue for all legal proceedings out of this contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota . Revised 9/02 12 Termination Either party may terminate this agreement at any time, with or without cause, upon 30 days ' written notice to the other party . 1 . PURCHASER The Purchaser certifies that the appropriate person(s) have executed the contract on behalf of the Purchaser as required by applicable articles, bylaws, resolutions, or ordinances . By Title Date By Title Date 2. STATE AGENCY With delegated authority By Title Date 3 . Commissioner of Administration As delegated to Materials Management Division By Date Distribution DOC Financial Services Unit — Original (fully executed) contract Purchaser State's Authorized Representative Budget Officer of Authorized Representative Department of Administration — Materials Management Division II Revised 9/02 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2018 DEPARTMENT /DIVISION: ITEM DESCRIPTION: ITEM NO.: Parks Maintenance Authorize Purchase of a New PowerBoss Paul Schlueter/Fleet Services Armadillo Sweeper(CIP Project# 18103) VIII.M. Requested Action Move to: Award contract to purchase a new PowerBoss Armadillo Model 9X sweeper for the Parks Maintenance Department for a total cost of$56,821.96. Synopsis The current City Council approved Capital Improvement Plan includes the 2018 purchase of a new mid-size rider sweeper to maintain park trails and plaza areas. This item formally requests authorization to purchase that sweeper. Fleet Services typically purchases park maintenance equipment using the State of Minnesota Cooperative Purchasing Venture (CPV)under contracts that are already negotiated and in place with the State. This PowerBoss Armadillo sweeper is not on any current State contract. Per City Purchasing Policy, Fleet Services solicited quotes for this sweeper and a summary of the quotes received are noted below. Vendor: Quoted Price: Minuteman International, Inc. $56,821.96 Industrial Floor Maintenance, Inc. $66,730.25 The low quote that met our specifications is from Minuteman International, Inc. Staff is requesting approval and award of the contract to Minuteman International, Inc. for the quoted amount of$56,821.96. Funds for this purchase are included in the 2018 Capital Improvement Plan budget. Attachments Copy of approved CIP Project#18103 City of Eden Prairie/Minuteman International, Inc. —Standard Contract for Goods and Services Department Parks and Recreation Project# 18103 Contact Lotthammer Project Name Armadillo Sweeper Type General Maintenance Equipment Useful Life 25 years Category Park Maintenance Description Purchase a new ride on sweeper for cleaning debris from trails and sidewalks. Justification Each spring and before any preventative maintenance practices,we need to clear sand and other debris from the city's trails and sidewalks.Purchasing this sweeper would allow us to do this in a much more efficient manner. Expenditures 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Total Equipment 70,000 70,000 Total 70,000 70,000 Funding Sources 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Total Capital Maintenance& 70,000 70,000 Reinvestment Fund Total 70,000 70,000 Budget Impact/Other There would be some preventative maintenance costs to maintain the piece of equipment but it may be offset by an increase in productivity. 192 Friday,September 16,2016 2017 06 10 Contract for Goods and Services This Contract ("Contract") is made on the 17th day of April, 2018, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Minuteman International, Inc., a Illinois Corporation (hereinafter "Vendor") whose business address is 14N845 US Route 20, Pingree Grove IL 60140. 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 delivering a PowerBoss Armadillo Model 9X Rider Sweeper 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 July 1, 2018. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of$56,821.96 with total payments not to exceed $56,821.96 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 Buyer: Paul Schlueter City of Eden Prairie 15150Technology Drive PO WerBOSS(9 Eden Prairie,MN 55344-2272 The Power of Clean Factory Rep: Jeff Stahler Minuteman International Inc _ 14N845 US Route 20 Pingree Grove,IL 60140 POwer8OS5I phone:847-264-5417 email:sthaler.j@minutemanintl.com AUTHORIZED DEA Ea Quote Date: 03/20/2018 Quote Number:0225016017 Updated BUILT-IN"THE POWER OF CLEAN"INCLUDES: Standard Equipment and Features Armadillo 9X Series Sweeper •Cleans 184,800 sq.ft. (17,168 m2) •Gasoline,LP or Diesel Powered •64"(160 cm)Sweep Path •Engine Manual Swing""standard •48"(122 cm)Main Broom,Proex&Wire std •Engine area shielded from exhaust air •26"(66 cm)Side Broom,Poly,Retractable •PowerClimbTM with oversized tires 77"with option to add a 2nd Side Broom •Massive,Unitized Steel Frame •22 cu.ft.(.62 m3)Hopper w/RTR®Feature •Tilt and Power Steering •64"(163 cm)Multi-Level High Dump •Oversized,Soft-Ride Tires Eliminates Jolts&Vibration for Component Protection •1,500 lbs.(608 kg)Hopper Load Capacity •Variable Speeds up to 10 mph(16 km/h) •Excellent Dust Control Filtration System with 110 sq.ft.(10 m2)Filter Surface @ 3 microns •Gauges for Fuel,Hour Meter,Volt Meter,Oil Pressure and Temperature •Aggressive Electric Filter Shakers includes 2 Filter and 2 Shaker,120 sq ft •Air Cleaner,3-Stage Radial Seal •All Steel Construction •Weight: 3,500 lbs(1,587 kg) •Mechanical Brakes •Shipping Weight: 3,700 lbs(1,678 kg) •Hand Lever Parking Brake •W x Lx H: 60 x 105 x 81"w/Over Head Guard •110"(279 cm)Turn Radius •W x L x H:152 x 266.7 x 205.7 cm w/Overhead Guard •Wet Sweep Filter By-Pass •152 x 266.7 x 205.7 cm w/Overhead Guard •Hydraulic Protection Package •W x L x H: 60 x 105 x 81"w/cab •Shock-Mounted Hydraulic Impeller •152 x 266.7 x 205.7 cm w/Overhead Guard •Tires Front:(2)23"Pneum.Rear(1)21"Pneum. •W x L x H: 60 x 105 x 53.38" standard •Timed Filter Shaker •Auto ShutOFF(High Tem/Low Oil)Std Gas/LPG •Clogged Filter Indicator •Fire in Hopper Indicator •Dual Filter Hopper •Radiator-Heavy-Duty Industrial Type Armadillo 9X "Warranty Max"Extended Program.See first page for details. IC Rider Sweeper Warranty: Travel(2 hour cap) Ninety Days Labor Six Months Parts / Replacement Parts Four Years/3000 Hours Engine Five Years/3000 Hours **Extended Warranties Available** *additional charges apply 4 Years Parts+2 Years Labor(or 4000 hrs) Description Quote Number:0225016017 Updated Pre-Manuactured Machines Part Number Price Qty. Extended Price 9X Sweeper-Gas 55 HP Liquid Cooled Industrial 1.6 L Kubota 1605.EPA Tier II and CARB Tier III Certified.3,700 lbs (1,678 SW9XKGAS $34,748.24 1 $ 34,748.24 kg)Main Broom,Proex&Wire.Side Broom, Poly Cab(Ergo)w/Windshield Wiper 3330844 $5,810.53 1 $ 5,810.53 Ergo Cab Pressurize 3330269 $1,689.56 1 $ 1,689.56 Heater Armadillo 3316472 $1,329.63 1 $ 1,329.63 Air Conditioning 3316990 $5,256.87 1 $ 5,256.87 Hopper,SW9X Stainless Steel(hopper only) 3315078 $3,958.06 1 $ 3,958.06 Back up Alarm 3317306 $383.04 1 $ 383.04 Turn Signals with 4-Way Flashers 3317278 $1,195.06 1 $ 1,195.06 Brake Lights 3317303 $369.83 1 $ 369.83 Flashing-Amber Light 3317270 $271.17 1 $ 271.17 Seat-Suspension,Michigan 600005 $574.13 1 $ 574.13 Seat Belt with lock- Suspension seat 690233 $177.33 1 $ 177.33 RE:Main Brooms For Armadillo Series An Alternate Main Broom Can Be Ordered At No Additional Cost If Placed At Time Of Order Specials--write in description,qty,price,and PN if applicable Insert Prices Here Special Special Special Special Special Freight Freight $ 1,058.51 1 $ 1,058.51 Subject to all applicable taxes Tax MACHINE TOTAL* $ 56,821.96 Quote Special Instructions: Terms and Conditions Ask your local sales rep for estimated lead times.Verify details when placing your order All orders subject to acceptance by Minuteman Interantional Inc Prices subject to change without notice. Terms: Net 30 days. Subject to any applicable taxes and dealer profile. All orders are subject to Minuteman's Terms and Conditions Quote Date: 03/20/2018 Order Placement Information: To place your order,fill in PO#and customer signatures, call or fax to the numbers listed below. Customer Purchase Order is required. If information is missing, orders will be entered and held until all information is received. Customer Number 112282 Sold To Information(Please Verify) Company: City of Eden Prairie Address: 15150 Technology Drive Eden Prairie,MN 55344-2272 Name: Paul Schlueter Phone: (952)949-8536 Ship to Information(Please Verify) Company: City of Eden Prairie Address: 15150 Technology Drive Eden Prairie,MN 55344-2272 Name: Paul Schlueter Phone: (952)949-8536 Shipping/Carrier Instructions: Order Special Instruction: TBD 1 Customer Purchase Order No. (please attach copy) Tax Exempt X Yes No If Yes,attach a copy of your exemption certificate. Requested Delivery Date TBD Paul Schlueter (952)949-8536 Authorized Buyer(please print) Phone Number Authorized Buyer Signature Power Boss Representative The Power of Clean PowerBoss PHONE:800-323-9420•FAX:800-422-6933 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2108 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Paul Schlueter Authorize Purchase of Replacement Plow Truck and Designate Old Cab & Chassis as VIII.N. Fleet Services Surplus Equipment Requested Action Move to: Authorize purchase of a replacement plow truck for a total cost of$120,893.73 and designate the old cab and chassis as surplus equipment. Synopsis Back in 2011 the City purchased a new Navistar International heavy duty dump truck with plow equipment for a total cost of$170,329.00. From early on, this truck has experienced a performance problem that causes the truck to lose power during cold weather operation. This has proven to be extremely problematic being the primary need for this vehicle is to plow snow during cold weather. The root cause of the problem is the engine emission controls and after many trips back to the dealer, the manufacturer has been unable to fix the problem. There is a well documented history of similar problems with this vintage Navistar truck and there are many lawsuits and pending judgements currently underway and associated with these conditions. In the last five years, the City of Eden Prairie has spent over$12,000.00 on attempted repairs for this condition. We have involved engineers from Navistar and after many repair attempts; Fleet Services staff has determined that the problem is a design condition that was not adequately addressed by the manufacturer in programming the vehicle emission controls. This being the case, staff has determined that a permanent repair for this vehicle in not legally possible, as a permanent repair would alter the original emission controls programing. Staff has determined that the most cost effective solution to correct this problem is to replace the Navistar cab and chassis with a new Freightliner cab and chassis and have all of the dump body and plow equipment transferred to the new chassis. The total cost to complete this project is summarized below. Vendor: Material Supplied: Price: Boyer Trucks New Freightliner 108SD Cab & Chassis $83,615.00 Towmaster New and Transferred Plow Equipment $31,802.00 State of MN Sales Tax and License $5,476.73 Total Cost: $120,893.73 The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy vehicles and equipment under the terms of contracts already negotiated by the State of Minnesota. This new cab & chassis and the new plow equipment will be purchased using the State of Minnesota CPV program. The City of Eden Prairie also has agreements in place with the State of Minnesota, Department of Administration, Surplus Services and other on-line auction services to participate in their regularly scheduled vehicle and equipment auctions. Disposal of the old cab & chassis will be through one of these approved methods and complies with the city's Purchasing Policy and City code. Attachment State of MN Contract Pricing Quotes. EVENT G0210-2000006496 STATE OF MINNESOTA 1 of 3 PRICING PAGE Print Date&Time 3/29/2018 10:05 Single Axle Cab & Chassis VENDOR NAME Boyer Trucks Superior YEAR, MAKE AND MODEL 2019 Freightliner 108SD SA WB CA I Grand Total $ 83,615.00 AF Rear Ratio Cab Color Wheel Color Notes Manufacturers Spec# Description Qty Price Subtotal Order Code 1.0 Price for base unit: 1 $ 58,444.00 $ 58,444.00 2.0 FRAME OPTIONS 549-002 2.1 Front frame extension 1 $ 111.00 $ 111.00 556-997 2.3 Deduct for no front bumper 1 $ (267.00) $ (267.00) Mc 2.23 2,592,000/21.6/120,000/84"to 111" 1 $ 334.00 $ 334.00 551-001 2.48 Huck-Spin round collar chassis fasteners suspension only 1 $ (87.00) $ (87.00) 559-003 2.50 Light weight heavy duty aluminum engine crossmember 1 $ 50.00 $ 50.00 Mc 3.6 18,000 front axle and matching suspension 1 $ 2,026.00 $ 2,026.00 427-001 3.13 Front brake dust shields 1 $ 28.00 $ 28.00 536-055 3.14 Dual front auxiliary steering gear 1 $ 427.00 $ 427.00 620-013 3.34 Taperleaf springs on 18,000 lb front suspension in lieu of flat leaf springs 1 $ 357.00 $ 357.00 405-031 3.48 Haldex automatic front slack adjusters with stainless steel clevis pins 1 $ 33.00 $ 33.00 MC 4.12 Meritor RS23160 rear axle and 26,000-31,000#rear suspension, driver diff. lock. 1 $ 884.00 $ 884.00 425-002 4.25 Rear brake dust shield 1 $ 33.00 $ 33.00 452-001 4.46 Driver controlled locking rear differential 1 $ 360.00 $ 360.00 Mc 4.78 SPL170 XL Dana Spicer main driveline with half round yokes, Wheelbase up to 185" 1 $ 134.00 $ 134.00 426-162 4.84 Bendix Eversure longstroke 1-drive axle spring parking chambers 1 $ 11.00 $ 11.00 428-031 4.102 Haldex automatic rear slack adjusters with stainless steel clevis pins 1 $ 24.00 $ 24.00 621-004 4.110 Spring suspension- 1.50 inch axle spacer 1 $ 58.00 $ 58.00 498-011 6.1 Nylon wafers or wheel guards on all wheels(6 ea) 1 $ 29.00 $ 29.00 093-1RJ 6.110 MICHELIN X WORKS Z 315/80R22.5 20 PLY FRONT TIRES 1 $ 484.00 $ 484.00 094-2DE 6.150 MICHELIN X MULTI ENERGY D 11 R22.5 14 PLY REAR TIRES 1 $ 469.00 $ 469.00 502-433 6.206 10,000#22.5x9.00 Accuride steel front wheel 1 $ 131.00 $ 131.00 505-428 6.216 8,000#22.5x8.25 Accuride steel rear wheel 1 $ 65.00 $ 65.00 460-007 7.13 Aluminum air brake reservoirs 1 $ 109.00 $ 109.00 477-019 7.26 Bendix DV2 auto drain valve with heater to wet tank;drain valve cables on all other tanks 1 $ 43.00 $ 43.00 101-22R 8.11 Cummins L9, 330 HP, 1000 lb/ft torque 1 $ 7,398.00 $ 7,398.00 016-1C2 8.24 RH outboard under step mounted horizontal after-treatment system assembly with RH B pillar mounted vertical tail pipe 1 $ 431.00 $ 431.00 AMENDMENT#1 FOR 2019 MODELS SA EVENT G0210-2000006496 STATE OF MINNESOTA 2 of 3 PRICING PAGE Manufacturers Spec# Description Qty Price Subtotal Order Code 204-152 8.35 70 gal.cylindrical aluminum fuel tank-LH 1 $ 96.00 $ 96.00 215-007 8.82 Plain aluminum/painted steel fuel/hydraulic tank(s)with polished stainless steel bands(each) 1 $ 187.00 $ 187.00 105-015 9.1 Oil fill and dipstick EZ access 1 $ 66.00 $ 66.00 120-009 9.12 Coolant spin on filter/conditioner 1 $ 71.00 $ 71.00 128-032 9.25 Engine brake system 1 $ 1,374.00 $ 1,374.00 124-1DJ 9.34 Delco 12V 160 amp 36-SI brushless quadramount pad alternator with remote battery volt sense 1 $ 73.00 $ 73.00 138-011 9.43 Phillips-Temro 1000 watt/115 volt block heater 1 $ 46.00 $ 46.00 140-022 9.46 Chrome engine heater receptacle mounted under LH door 1 $ 8.00 $ 8.00 122-1H8 9.55 Davco 245 fuel/water seperator with 12V heat and water in fuel sensor 1 $ 193.00 $ 193.00 014-106 9.74 Side of hood air intake with firewall mounted Donaldson air cleaner, passive precleaner and inside/outside air with snow door 1 $ 547.00 $ 547.00 23U-002 9.75 13 gal.diesel exhaust fluid tank 1 $ 51.00 $ 51.00 23U-003 9.76 23 gal.diesel exhaust fluid tank $ 137.00 $ - 23Z-001 9.80 Polished aluminum diesel exhaust fluid tank cover 1 $ 116.00 $ 116.00 342-584 10.21 Allison 3500 RDS, 5 or 6 speed,with PTO provision 1 $ 4,041.00 $ 4,041.00 353-022 10.28 Vehicle interface wiring connector without blunt cuts, at back of cab 1 $ 32.00 $ 32.00 34c-02 10.39 Electronic transmission, customer access back of cab 1 $ 38.00 $ 38.00 295-029 11.6 Remote jump start terminals 1 $ 51.00 $ 51.00 311-012 11.8 OEM daytime running lights 1 $ 11.00 $ 11.00 304-039 11.15 Switch for snowplow lights mounted on instrumental panel. Includes wiring terminated near headlights,for customer mounted auxiliary snowplow lights. 1 $ 98.00 $ 98.00 292-1AV 11.22 (3)Alliance Model 7T31 12V 2190 CCA Batteries 1 $ 150.00 $ 150.00 281-004 11.27 Battery jumpers with mega fuse junction block 1 $ 38.00 $ 38.00 290-1CD 11.29 Battery box with aluminum cover mounted short side to rail 1 $ 124.00 $ 124.00 282-042 11.33 LH battery box mounted as far back as possible, no greater than 60 inches 1 $ 141.00 $ 141.00 293-058 11.40 Positive load disconnect with cab mounted control switch outboard driver seat 1 $ 124.00 $ 124.00 294-042 11.50 LED flange mounted stop/tail/turn lights with separate incandescent backup lights 1 $ 66.00 $ 66.00 302-047 11.57 LED marker lights 1 $ 20.00 $ 20.00 329-083 11.65 (6)On/Off rocker switches in the dash with indicator lights; (4)wire to chassis at back of cab, (2)unwired, label all opt 1 $ 73.00 $ 73.00 860-004 11.96 Smart switch expansion module 1 $ 126.00 $ 126.00 748-001 11.132 Power and ground studs in/under dash 1 $ 11.00 $ 11.00 882-021 11.138 Two valve park brake system with dash valve control, auto neutral and warning indicator 1 $ 7.00 $ 7.00 721-006 1 1.153 Preco model 360, constant 107db backup alarm 1 $ 67.00 $ 67.00 726-002 12.1 Dual electric horns 1 $ 5.00 $ 5.00 727-066 12.3 Dual rectangular air horns 1 $ 93.00 $ 93.00 744-1BC 12.7 Remote control for dual mirrors 1 $ 127.00 $ 127.00 644-006 12.17 Butterfly option on hood 1 $ 319.00 $ 319.00 754-017 12.21 Front fender extensions 1 $ 45.00 $ 45.00 667-037 12.22 Front fender mud flaps 1 $ 71.00 $ 71.00 660-001 12.23 Arctic winter wiper blades 1 $ 9.00 $ 9.00 769-002 12.26 RH observation prism window in door 1 $ 130.00 $ 130.00 587-003 12.29 Rear tow hooks 1 $ 28.00 $ 28.00 678-018 12.42 LH and RH exterior grab handles with single rubber insert 1 $ 40.00 $ 40.00 645-002 12.43 Bright finish radiator shell/hood bezel 1 $ 121.00 $ 121.00 AMENDMENT#1 FOR 2019 MODELS SA EVENT G0210-2000006496 STATE OF MINNESOTA 3 of 3 PRICING PAGE Manufacturers Spec# Description Qty Price Subtotal Order Code 646-042 12.44 Stationary black grille with bright accents 1 $ 37.00 $ 37.00 65X-003 12.45 Chromed hood mounted air intake 1 $ 8.00 $ 8.00 690-016 12.48 Cab floor,toe board and firewall heat shield 1 $ 82.00 $ 82.00 74A-001 12.54 Down view mirror mounted over RH door 1 $ 12.00 $ 12.00 74B-1B4 12.59 RH/LH 8 inch stainless steel fender mtd convex mirror with tripod bracket 1 $ 191.00 $ 191.00 663-029 12.63 1-piece tinted curved bonded windshield with heated wiper blade park areas 1 $ 353.00 $ 353.00 677-055 12.69 RH aftertreatment system cab access with polished diamond plate cover 1 $ 131.00 $ 131.00 654-027 13.5 Power window/both passenger and driver window 1 $ 118.00 $ 118.00 198-003 13.9 Dash mounted air cleaner air restriction gauge 1 $ 19.00 $ 19.00 756-1D9 13.23 Premium high back air suspension driver seat with 3 chamber air lumbar, integrated cushion extension,forward and rear cushion tilt, adjustable shock absorber 1 $ 100.00 $ 100.00 763-101 13.41 High visibility Orange seat belts 1 $ 21.00 $ 21.00 759-006 13.51 Dual armrests for driver and inboard passenger 1 $ 56.00 $ 56.00 758-022 13.59 Black Mordura cloth driver seat cover 1 $ 14.00 $ 14.00 761-023 13.61 Black Mordura cloth passenger seat cover 1 $ 14.00 $ 14.00 739-034 13.73 Premium cab insulation regular cab 1 $ 103.00 $ 103.00 709-026 13.75 Aluminum kickplate on lower door LH 1 $ 14.00 $ 14.00 706-026 13.76 Aluminum kickplate on lower door RH 1 $ 14.00 $ 14.00 746-115 13.80 AM/FM/WB world tuner radio with bluetooth and USB and auxiliary inputs, J1939 1 $ 215.00 $ 215.00 680-007 13.84 Gray/charcoal wing dash 1 $ 209.00 $ 209.00 838-001 13.85 Brake application gauge 1 $ 32.00 $ 32.00 785-001 13.86 Dash mounted ash tray and lighter 1 $ 6.00 $ 6.00 MC 15.1 Trailer tow package extended to rear of frame 1 $ 696.00 $ 696.00 914-025 15.6 Air connections at end of frame with glad hands for truck and dust covers 1 $ 17.00 $ 17.00 19.0 Quantity Discounts: NA Total Cost: $ 83,615.00 AMENDMENT#1 FOR 2019 MODELS SA '17- CA/MA ST£IZ TAWIEPINFAIIIPORPIIIMENrr Reference No. TIM1M81ER,6M1 UR R1IiY 12.LITCIFELO.MN 55355 II 693-79M FX:31111-693.7921 1F:®-462-45U Q T 23610 1OWYAS1EA1RIILCa1 ** QUOTATION ** Ship To: Cust: 3256 Phone: Bill To: Phone: EDEN PRAIRIE, CITY OF EDEN PRAIRIE, CITY OF 15150 TECHNOLOGY DRIVE 15150 TECHNOLOGY DRIVE EDEN PRAIRIE MN 55344 USA EDEN PRAIRIE MN 55344 USA ATTN: PAUL SCHLUETER PO# Salesman Tel Created Last Revised Appx Comp TIM ERICKSON NET 30 DAYS 2/09/18 2/23/l8 0/00/00 Serial No. Order Comments: This estimate is based upon our best knowledge of equipment on the existing truck. We can potentially run into items that will not remove easily and could alter this estimate. Qty Part No. Description Price Ea. Net Amt. 1 9901701 - Installation of Dump Body to hoist $1,366.00 $1,366.00 1 9901702 - Installation of air operated tailgate latch kit, with $259.00 $259.00 solenoid valve in hydraulic valve enclosure. 1 9901703 - Installation of Box Vibrator, with solenoid located in $302.00 $302.00 hydraulic valve enclosure. 1 9900244 - Light Mirror mt HOH plow light pkg INSTALLED $660.00 $660.00 Installed 1 9900970 - Tire Chains ON-SPOT for 1 Axle Installed $2,888.00 $2,888.00 1 9904691 - INSTALLATION of Single camera system $258.00 $258.00 1 9901712 - Installation of SCISSORS TYPE double acting hoist $1,784.00 $1,784.00 1 9901172 - Hitch Installation of med duty hitch (Weld On) $174.00 $174.00 **NOTE: HITCH PLATE FACE TO BE LOCATED: *--- Continued ---* Price: Total Discounts: Accepted by Date Net Cost: Freight Total: I 12 KQrs '17- GM/MA,ST£IZ TAWIEPINFAIIIPORPIIIMENrr Reference No. TIM1M81ER,6M1 Il6 R1II1r 12.LITCIFELO.MN 55355 II 1 493-79T FX:3111-693 7951 1F:IIU 462,45V Q T 23610 1RWYAS1EA1RIR:LCa! ** QUOTATION ** Ship To: Cust: 3256 Phone: Bill To: Phone: EDEN PRAIRIE, CITY OF EDEN PRAIRIE, CITY OF 15150 TECHNOLOGY DRIVE 15150 TECHNOLOGY DRIVE EDEN PRAIRIE MN 55344 USA EDEN PRAIRIE MN 55344 USA ATTN: PAUL SCHLUETER PO# Salesman Tel Created Last Revised Appx Comp TIM ERICKSON NET 30 DAYS 2/09/18 2/23/18 0/00/00 Serial No. IN REFERENCE TO REAR TIRE FACE. Qty Part No. Description Price Ea. Net Amt. 1 9900928 - Air Bag Canadian Load-Share kit, manual adj. , Freightliner $828.00 $828.00 1 SERVICE JOB - T - Misc parts and labor for: $6,175.00 $6,175.00 Removal of all "salvageable" equipment from IH chassis, and re-installation on new Freightliner Chassis (other than indicated above) 1 CUSTOM - Custom Equipment Pkg consisting of: $10,239.00 $10,239.00 FALLS 46XB2 plow hitch, New rear post for TDL wing on Freightliner, Covert Hitchand wing, includes new hoses and touch-up black on hdwe at FALLS 1 SPECIAL REQUEST - Special Request Charges for: $5,800.00 $5,800.00 1. New Hinge Point complete 2. New Electrical Panel 3. New frame end-cap 4. New PTO 5. New Hoses complete Price: $31,802.00 Total Discounts: Accepted by Date Net Cost: $31,802.00 Freight Total: $31,802.00 TRKQT3 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Mike Schmidt Award Contract for 2018 Mud-Jacking VIII.O. Public Works/Street Division to Northstar Mudjacking &More Requested Action Move to: Award the Contract for the 2018 Mudjacking of concrete curb and sidewalk panels to Northstar Mudjacking at the unit prices as indicated in the quote summary for a cost not to exceed $40,000.00. Synopsis Two quotes were received on April 2, 2018 for the 2018 mudjacking of various concrete curb and concrete sidewalk trough out the 2018 overlay and sealcoat project areas. A summary of the quotes are noted below. Contractor: Quoted Price: Northstar Mudjacking $4.56 Ln ft. curb/$33.56 5'x 5' sidewalk panel Metro Concrete Raising $7.00 Ln ft. curb/$55.00 5'x 5' sidewalk panel Background Information Mudjacking aids in the preservation of the curb and sidewalk infrastructure. The low quote for the mudjacking is from Northstar Mudjacking. Staff is requesting approval and award of contract to Northstar Mudjacking for the quoted amount of mudjack per linear feet of concrete curb and gutter and per a 5' x5' concrete sidewalk panel. The budget for the project shall stay under$40,000.00 Attachment Contract CITY COUNCIL AGENDA DATE: April 17, 2018 SECTION: Consent Calendar DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Mike Schmidt Authorize Purchase of Road Salt for the Public Works/ Street Division 2018- 2019 Winter Season VIII.P. Requested Action Move to: Authorize purchase of road salt through the state of Minnesota road salt contract for the 2018 2009 winter season for a cost not to exceed $200,000.00. Synopsis The state of Minnesota is in the process of collecting road salt contract order information for 2018 —2019 winter season. The City of Eden Prairie is anticipating purchasing 2200 tons of white salt and 400 tons of treated salt for the upcoming 2017—2018 winter season. Eighty percent of the amount ordered must be purchased with the option of purchasing up to one hundred and twenty percent. The program requires each customer to purchase the contracted quantities by March 30, 2019. Given current pricing, the staff anticipates we should be able to purchase the desired quantity for an amount not to exceed$200,000.00. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy materials under the terms of contracts already negotiated by the State of Minnesota. This salt purchase will be purchased using the State of Minnesota CPV program. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #17-5983 ITEM NO.: Mary Krause Approve Professional Services Agreement VIII.Q. Public Works/Engineering with Bolton&Menk for Final Design Services for the Duck Lake Road Reconstruction Improvement Project Requested Action Move to: Approve Professional Services Agreement with Bolton & Menk for Final Design Services for the Duck Lake Road Reconstruction Improvement Project. Synopsis This Professional Services Agreement will provide final design services for the Duck Lake Road Reconstruction Improvement Project. Preliminary design work is complete a separate agreement for final design will be needed. The current schedule is to construct the majority of the proposed improvements in 2019 with a potential late 2018 start date on the soil corrections. Background Information Based on the preliminary design work and public feedback that has been provided, the Duck Lake Road Reconstruction Project is proposed to include the following significant components: • Reconstruction or reclamation of the collector street which is in poor condition (This street segment was originally constructed in 1973). This section of street is currently narrow and does not have curb and gutter. • The addition of a storm water management system. • The addition of pedestrian facilities. The project is currently scheduled for construction primarily in 2019. Depending on the specific details of the project, construction could start in late 2018. Financial Implications The Professional Services Agreement with Bolton & Menk has an estimated cost of$251,913. The total estimated project cost is approximately $2.5 million. Primary funding for the project will be from Municipal State Aid funds. Attachments • Professional Services Agreement 2017 06 01 Agreement for Professional Services This Agreement ("Agreement") is made on the 17tn day of April, 2018, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Bolton & Menk, Inc., ("Consultant"), a Minnesota corporation (hereinafter "Consultant") whose business address is 12224 Nicollet Avenue, Burnsville, MN 55337. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Improvements to Duck Lake Road, from approximately Mallard court to Duck Lake Trail 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 (Final Design Services) 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 April 18, 2018 through December 31, 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 $251,913 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 designate 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 M e LU,rrv-are.-� Pitu.tctrw-c, Page 10 of 10 2017 06 01 1110 BO LTO N 12224 NicoRet Avenue & M E N K Burnsville, MN 55337-1649 Ph: (952J 890-0509 Real People. Real Solutions. Fax: (952) 890-8065 Bolton-Menk.com EXHIBIT A April 9,2018 Ms. Mary Krause Sr. Project Engineer City of Eden Prairie RE: Proposal for Professional Engineering& Surveying Services Duck Lake Road Reconstruction: Phase 2—Final Design Services City of Eden Prairie Dear Ms. Krause: Thank you for allowing Bolton&Menk,Inc. to provide you with this proposal for engineering and surveying services in support of the Final Design Phase of the City of Eden Prairie's Duck Lake Road Reconstruction Project. This proposal is based on the preliminary design that was completed in February 2018. As a part of this proposal,we have described our project understanding, detailed our proposed scope of work,and itemized our estimated fees. Scope of Work The City of Eden Prairie has requested this proposal from Bolton&Menk,Inc.to complete Phase 2 services for the Duck Lake Road Reconstruction project including: supplemental data collection, final design,permitting,easement acquisition services,project specifications and bidding services. We have itemized the anticipated tasks of this Phase. Phase 2 Services: 1. Project Management: Project Meetings with City Staff and Project Team, Quality Control Reviews 2. Survey Work: Supplemental Data Collection&Easements (Sub-Consultant will be utilized for Easement Acquisitions) 3. Stakeholder Engagement:Neighborhood Meetings,Regulatory Agency Meetings,Meeting with the School District, and City Council Meetings. 4. Final Design&Plan Preparation: Finalize Corridor Design, Construction Limits, Stormwater Management&Utility Design,Develop necessary plans for construction and bidding,Private Utility Coordination,Preparation of Project Manual and Project Permitting. 5. Bidding Assistance: Prepare Advertisement of Bid and Award Recommendation N:\Proposals\Eden Prairie\Duck Lake Road\Final Design Proposal\Exhibit A_Duck Lake Road Final Design Proposal.docx Bolton&Monk is an equal opportunity employer. Duck Lake Road Proposal—Exhibit A April 9, 2018 Page 2 Estimate of Fees Estimated fees for Phase 2 services are as follows: Project Management $ 36,654 Supplemental Data Collection &Easements $ 10,180 Stakeholder Engagement $ 11,934 Final Design &Plan Preparation $119,964 Project Permitting $ 25,677 Bidding Assistance $ 5.204 Total Estimated Engineering Fees $209,613 Subconsultant Easement Negotiation &Acquisition Services $42,300 Total Final Design Phase $251,913 These fees for these individual tasks are estimates. A detailed breakdown of task hours and fees are included with this proposal. Bolton&Menk proposes the Phase 2 services to complete the supplemental data collection&easements, stakeholder engagement, final design&plan preparation,bidding assistance, and easement negotiation and acquisition services to be paid on an hourly basis,in accordance with the City of Eden Prairie's standard professional services agreement for a not to exceed hourly fee of $251,913. Bolton&Menk will not invoice the City directly for any indirect/reimbursable expenses. Schedule: The Final Design phase will commence upon Council authorization and it is expected that final design and plan preparation will be completed by the end of summer. If soils corrections are necessary in the area of Duck Lake,that work will likely take place in fall of 2018.Aside from necessary soils corrections, the majority of the street reconstruction will be completed in the 2019 construction season. Conclusion: Upon completion of Phase 2 services,we look forward to moving into construction and would be happy to provide a proposal for construction phase services.We look forward to providing these professional services to the City of Eden Prairie and appreciate your consideration of Bolton&Menk,Inc. Please contact us if you have any questions,need additional information, or wish to discuss this proposal. Sincerely, Bolton & Menk, Inc. S-0/C`afrl Sarah E.Lloyd,P.E. Marcus A.Thomas,P.E. Principal Project Manager Principal Engineer N:\Proposals\Eden Prairie\Duck Lake Road\Final Design Proposal\Exhibit A_Duck Lake Road Final Design Proposal.docx Bolton&Monk is an equal opportunity employer. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #18823 ITEM NO.: Randy Newton Approve Professional Services Agreement with VIII.R. Public Works/Engineering WSB &Associates for Hennepin Town Road Turn Lane Improvement Project Requested Action Move to: Approve Professional Services Agreement with WSB &Associates, Inc. for Hennepin Town Road Turn Lane Improvement Project. Synopsis This Professional Services Agreement will provide design services for a turn lane on Hennepin Town Road at Pioneer Trail. Construction of the improvements will be coordinated with the Prairie Bluffs Senior Housing Development and is anticipated in either 2018 or 2019. Background Information Through the Prairie Bluffs Senior Housing development process it was agreed that the City would a construct a right turn lane on the south approach of the Hennepin Town Road/Pioneer Trail (County Road 1) intersection with a$100,000 funding contribution from the Developer. In the Prairie Bluffs Senior Housing Developer's Agreement the City committed to completing the project before the later of(i) July 31, 2018 or(ii) twelve months after the release of the Land Alteration Permit. The City has yet to receive a Land Alteration Permit application, however based on conversations with the Developer we expect to receive an application soon. Financial Implications The Professional Services Agreement with WSB has an estimated cost of$27,454. The total cost estimate for the project is approximately$250,000. As required by the Developer's Agreement the Prairie Bluffs Senior Living Developer will provide $100,000 towards the project. Remaining project costs will be the responsibility of the City and are planned to be paid from the Transportation Fund. Attachment Professional Services Agreement 2017 06 01 Agreement for Professional Services This Agreement("Agreement") is made on the 17th day of April, 2018, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and WSB & Associates, Inc. ("Consultant"), a Minnesota corporation (hereinafter "Consultant") whose business address is 701 Xenia Avenue South, Suite 300, Minneapolis, MN 55416. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for the Hennepin Town Road Turn Lane and Sidewalk Improvement Project 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 (Professional Engineering Services) 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 April 17, 2018 through March 31, 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$27,454.00 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. 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 Page 3 of 10 2017 06 01 within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than$100,the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City,or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Page 4 of 10 2017 06 01 Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract(including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of$2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. Page 5 of 10 2017 06 01 k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2)years following City's written acceptance of the Work. 1. It shall be Consultant's responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty(30) days' prior notice to the City, except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten(10) days' prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City,the City's officials,agents and employees from any loss,claim,liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that Page 6 of 10 2017 06 01 applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity,the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen(15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement Page 7of10 2017 06 01 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 CONSUL, AT By: Andrew J Brotzler Its: Principal Page 10 of 10 2017 06 01 WSB SB 701 Xenia Avenue South I Suite 300 I Minneapolis,MN 55416 I(763)541-4800 April 5, 2018 Mr. Randy Newton, PE, PTOE Assistant City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Hennepin Town Road Turn Lane and Sidewalk Improvements Proposal for Engineering Services: Final Design Services Dear Mr. Newton: WSB & Associates, Inc. (WSB) is excited about the opportunity to present this proposal for professional engineering services for the Hennepin Town Road Turn Lane and Sidewalk Improvements at Pioneer Trail (CSAH 1), which includes the following major tasks: ■ Topographic survey data collection ■ Final Design ■ Meetings with City staff ■ Meetings/conference calls with Hennepin County and MnDOT regarding the signal revision work and pedestrian ramp improvements ■ Cost estimating ■ Bidding the improvements The proposed scope of services presented in this proposal is based on a site visit and discussions with City staff. It is our understanding that the City will be constructing a northbound dedicated right turn along Hennepin Town Road, at the intersection with Pioneer Trail (CSAH 1). The turn lane construction is proposed in conjunction with the site development located in the southeast corner of that intersection. The City also desires to extend a public sidewalk along the east side of Hennepin Town Road that will connect to the existing trail located along the south side of Pioneer Trail and the internal private sidewalk system proposed within the development. Construction of the turn lane and sidewalk improvements must accommodate the adjacent development schedule, which is anticipated to be constructed in 2018 or 2019. PROJECT UNDERSTANDING WSB understands that the addition of a northbound right turn lane and sidewalk along the east side of Hennepin Town Road will impact the existing signal base located in the southeast corner of the intersection with Pioneer Trail. While the signal does fall under Hennepin County's jurisdiction, the signal timing is controlled by MnDOT due to the proximity of TH 169. WSB anticipates coordination meetings/conference calls with both Hennepin County and MnDOT regarding the signal revision work and any ADA pedestrian ramp improvements that will accompany the improvements. We understand that all necessary ROW has been obtained or will be dedicated with the proposed adjacent site improvements, and therefore, no additional ROW or easement are anticipated as a part of this project. The proposed layout will need to address the following improvements: ■ Determining the appropriate turn lane length for northbound Hennepin Town Road. ■ Coordination with the City to identify the southerly terminus for the sidewalk improvements. ■ Relocation of the existing signal base at the southeast corner of the intersection at Pioneer Trail and coordination with Hennepin County and MnDOT. Building a legacy—your legacy. Equal Opportunity Employer I wsbeng.com G:\00-MUNICIPAL\Clients-Cities-Counties\Eden Prairie\Proposals\Hennepin Town Road\Hennepin Town Road Proposal Exhibit A.docx Mr. Randy Newton April 5, 2018 Page 2 ■ WSB assumes that ADA improvements will only be required for the southeast corner of the intersection at Pioneer Trail, as no surface improvements along Pioneer Trail are proposed as a part of this project. WSB assumes that all necessary permitting for the turn lane improvements (i.e. Hennepin County Work in ROW permit, watershed district, etc.)will be obtained by the City or the developer of the adjacent property. PROJECT APPROACH/SCOPE OF SERVICES WSB's project scope and proposed tasks are based on our understanding of the project, and we propose the following scope of services: Task 1 — Project Management This task includes planning and coordination of all work tasks, establishment and monitoring of budgets, meetings, and correspondence with the City of Eden Prairie. The project manager will provide technical direction on all aspects of the project review, all work products, and keep the City informed on the project progress. Task 2—Data Collection This task involves the gathering of physical data as well as record information regarding the project area. Information and tasks to be completed under this item will include the following: ■ Survey—The City of Eden Prairie will send WSB all relevant grading information for the adjacent site proposed for development. WSB will collect topo graphic survey data for the turn lane and sidewalk corridor, as well as signal infrastructure information at the intersection of Hennepin Town Road and Pioneer Trail. ■ Geotechnical Data —The City of Eden Prairie will send WSB all relevant information they have on file relating to geotechnical information for the project area that was obtained from the adjacent development and original construction of the roadway. The City will also provide WSB with as-built drawings for the existing roadway section along Hennepin Town Road and Pioneer Trail (CSAH 1). WSB can provide a separate cost estimate for pavement coring work to verify existing pavement depths along Hennepin Town Road and Pioneer Trail, should that be deemed necessary. • Private Utility Information — WSB will order a Gopher State One Call boundary survey to obtain facility mapping and field markings to be collected during the time of topographic survey work. The City of Eden Prairie will provide any GIS data and as-builts regarding existing public utilities. Task 3—Meetings WSB will attend and assist in facilitating the following meetings as listed below: ■ One meeting with City staff to discuss the layout and coordination with the adjacent developing site. ■ Three meetings/conference calls with Hennepin County and MnDOT regarding the signal relocation • One meeting with City staff to discuss 90% plan comments, the final cost estimate and bidding schedule. Task 4—Design The Design task will include the preparation of a project plans consistent with City, County, MnDOT, ADA, and local regulatory standards. The project plans will be generally organized as follows: ■ Title Sheet ■ Removals ■ Turn lane and sidewalk plan o To include any necessary storm sewer improvements ■ Revised Signal Plans ■ Erosion control and SWPPP G:\OO-MUNICIPAL\Clients-Cities-Counties\Eden Prairie\Proposals\Hennepin Town Road\Hennepin Town Road Proposal Exhibit A.docx Mr. Randy Newton April 5, 2018 Page 3 WSB will also: ■ Prepare the project specifications consistent with City,ADA,and local regulatory standards, include special provisions regarding the signal relocation. o This proposal assumes that the southeast corner of the intersection will need to be improved as a part of the project to meet current ADA requirements. ■ Calculate project quantities and prepare the project Bid Form. ■ Prepare an Engineer's Opinion of Probable Cost on the final design. ■ Perform quality control reviews regularly throughout the duration of the design. ■ Respond to County and MnDOT comments regarding the signal relocation and incorporate changes into the plan set to obtain approvals from the aforementioned agencies. Deliverables: O 60 percent Submittal: Draft plan set for review and comment O 90 percent Submittal: Draft plan set for review and comment O 100 percent Submittal: Five (5) 11"x 17"final plan sets and five (5)specifications for your files Task 5—Cost Estimate WSB will complete cost estimates with the 90% and 100% submittals. Task 6—Bidding WSB will prepare the Advertisement for Bid in compliance with the City's practices;facilitate project bidding by answering contractor questions, prepare the Addenda if necessary, and attend the bid opening. The cost to advertise the project will be paid by the City of Eden Prairie. WSB will submit the advertisements for bid to both the local paper and the trade publication. WSB will also prepare the bid tabulation and will provide the City with a letter of recommendation regarding the contract award. PROPOSED FEE WSB&Associates will provide the services as outlined in Project Approach/Scope of Services. Our budget was developed based on our understanding of the scope and experience with past reconstruction projects in the area. We estimate an hourly not-to-exceed fee of$27,454. The proposed scope and fee presented herein represents our complete understanding of the project based on site visits and discussions with City staff. If you have any questions or concerns, please feel free to contact me at(763) 762-2821. Once again, we appreciate the opportunity to submit this proposal and look forward to working with you and your staff. Sincerely, WSB &Associates, Inc. Lee Gustafson, PE Monica Heil, PE Sr. Project Manager Sr. Project Manager G:\00-MUNICIPAL\Clients-Cities-Counties\Eden Prairie\Proposals\Hennepin Town Road\Hennepin Town Road Proposal Exhibit A.docx CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 187030 ITEM NO.: Rick Wahlen Award Contract to The Osseo Construction Co., LLC VIII.S. Public Works/Utilities for the Reconditioning of the Hidden Ponds 1-Million Gallon Elevated Water Storage Reservoir in the Amount of$1,282,000 Requested Action Move to: Award Contract to The Osseo Construction Co., LLC for the Reconditioning of the Hidden Ponds 1-Million Gallon Elevated Water Storage Reservoir in the Amount of$1,282,000. Synopsis Bids were received on Thursday, March 15, 2018 for the cleaning, repairing, and painting of the Hidden Ponds 1-million gallon elevated water storage reservoir. Three bids were received from a pool of five eligible contractors. The results are recorded and tabulated on the attached Letter of Recommendation. Background Information This project consists of grinding off any discovered metal irregularities, repairing existing welds, tank vent and manway modifications to meet construction codes, installation of painters' rails to facilitate efficient sandblasting and painting operations for this and all future recoating projects, and repainting the interior and exterior of the tank and all steel surfaces. A new Eden Prairie logo, matching the logo on the Town Center water tower, will give the tower a fresh, new look. The project includes two bid alternates. Bid alternate number 1 calls for welding of the roof panels that were previously caulked. This alternate increases the cost of the project $156,000 (13%), however welding these panels permanently seals the roof panels, will extend the life of the roof indefinitely, and avoids re-caulking every 20 years at a present cost of$40,500 plus an unknown amount of labor to clean and sandblast the joints. Even with this additional cost, the project is still below budget. Bid alternate number 2 allows an extra 30 days to complete the project at a $20,000 discount offered by the contractor. Staff recommends approval of both alternates. The Hidden Ponds recoating project is a difficult project and few reconditioning companies have the equipment, work force, and expertise to take-on a project of this size. The city's water tower inspection consultant, Badger State Inspections (BSI) has worked with The Osseo Construction Co. on many projects. BSI has observed The Osseo Construction Co. over the years and attests it will provide the workforce, the equipment, and the expertise necessary to provide quality work and successfully complete the project. The project was identified in the utility's capital improvement plan/budget and will be paid through the sale of water revenue bonds. Attachments Letter of Recommendation with Bid Tabulation Contract BADGER STATE INSPECTION, L L C Water Tower Inspection Evaluations, Specifications, Reconditioning and Antenna Services P.O.Box 157 Osseo,WI 54758 715-533-8686 March 24, 2018 Rick Wahlen By Email only Manager of Utility Operations 14100 Technology Drive Eden Prairie, MN 55344 Re: Reconditioning and Painting Project for the 1,000,000 Gallon Spheroid Hidden Ponds Water Tower in the City of Eden Prairie, Minnesota Bid Evaluation Dear Mr. Wahlen: The bid opening for the above referenced project was held on March 15, 2018 at 11:00 a.m. The following Three (3) bids were received as follows: BIDDER TOTAL BID AMOUNT Osseo Construction Co. LLC $1,182,000 TMI Coatings, Inc. $1,619,900 Classic Protective Coatings $1,998,260 The Engineer's cost estimate for this project was: $1,473,600. Badger State Inspection is also recommending the City of Eden Prairie accept Osseo Constructions Co. as the low bidder for the project. Because the bid was below the engineers cost estimate and the alternates are a great value now and into the future, we are also recommending the City of Eden Prairie accept both bid alternates (alternates 1 and 2): Alternate No. 1 $156,000 (minus $36,000 for bid item#12) = 120,000 Alternate No. 2 ($20,000) Badger State Inspection the following overall recommendation for this project: Actual Bid Price $1,182.000 Alternate No. 1 $120,000 Alternate No. 2 ($20,000) Recommended Total Cost for the Project $1,282,000.00 The low bidder is Osseo Construction Co. LLC. BSI and City staff reviewed the contractor's bidder's qualifications and found them to meet the minimum 12 points needed to be considered for this project. Therefore; Badger State Inspection(BSI)recommends that Osseo Construction Co LLC.,be awarded the contract for the Reconditioning and Painting of the 1,000,000 MG Hydropillar, Hidden Ponds Water Tower, for the Bid and both alternates(Alternates 1 &2) for the overall cost of$1, 282,000.00. I have called Mr. Popple of Osseo Construction Co. and asked them if their Total Bid amounts was correct and he said Yes. It is our understanding the Notice of Award and the Contract Documents will be sent to the Contractor you select by the City. Some additional comments from BSI: BSI has worked with Osseo Construction Co. on many other projects and we have witnessed on our projects that Osseo Construction has put in the effort to provide the workforce and equipment necessary to get the project completed on time and without excessive change orders. These types of reconditioning projects are difficult projects and require a dedicated Contractor that has the knowledge and understanding to get the work completed that both meets the specification and will be completed within the time constraints of the specification. Osseo Construction has the equipment, man power, experience and resources required to complete projects of this magnitude. Their workers are also used to having NACE Certified inspection and AWS certified welding inspectors review their work. We are confident there will not issues with the inspection criteria during the project. BSI is also confident that this project will be completed to the quality standards specified and the coating applied on the tower will have long lasting 20+year service life. BSI is looking forward to this project and we stand behind our recommendation of selecting Osseo Construction Co. LLC for this project. If you have any questions regarding BSI's recommendation,please call me at 715/533-8686. Sincerely, BADGER STATE INSPECTION, LLC Kelly C. Mulhern, Owner, Certified NACE International Coatings Inspector No. 1692 AWS CWI Certification 95041101 SHORT FORM CONSTRUCTION CONTRACT THIS AGREEMENT, made and executed this_17th_day of_April_ 2018,by and between City of Eden Prairie hereinafter referred to as the "CITY", and _The Osseo Construction Co., LLC_, 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. 187030, 1 MG Hidden Ponds Elevated Water Tower Rehabililtation CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $1,318,000. 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 The Osseo Construction Co., LLC By Its Its CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 17, 2017 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 15-5904 ITEM NO.: Carol Lundgren Award Contract to Republic Services for VIII.T. Engineering Contract Services for the 2018 Community Clean Up Day Requested Action Move to: Award Contract to Republic Services for Contract Services with Republic Services for assisting with the Annual Community Clean Up Day at an estimated cost of$$33,528. Synopsis A request for proposal was sent to three vendors for waste hauler services at the 2018 Community Clean Up Day. Republic Services was the only vendor to submit a proposal. The proposal was for $$33,528 including a 10% contingency and was consistent with prior years unit pricing. Background Information The City began providing a cleanup in 1995 with a few basic items, such as such as yard waste, construction debris, general household trash and recyclables. In 2002 the cleanup was moved to the Hennepin Technical College as the Allied Waste facility could no longer handle the number of people that came to the event. The change also allowed the City to increase the number and types of materials and now includes bicycle recycling, yard waste, scrap metal, appliances, electronics, tires, fluorescent bulbs,bike recycling, tool recycling and propane tanks. Attendance has increased from approximately 500 households in the 1990's to approximately 1,500 in 2017 for a total cost to the city of$32,932. Nominal fees are charged for appliances, electronics and some miscellaneous items such as propane tanks and tires to help cover costs. However, yard waste, furniture, trash, steel and many general trash items can be dropped off at no charge. The costs for the cleanup are paid out of the annual recycling grant that the City receives from Hennepin County. Any amounts above what can be paid from the grant(approximately$20,000) would be paid out of the stormwater utility fund. Attachments Proposal—Republic Services Standard Agreement for Contract Services REQUEST FOR PROPOSAL CITY OF EDEN PRAIRIE Community Clean-up Day Hennepin Technical College 13100 College View Drive I. GENERAL INFORMATION A. OBJECTIVE The purpose of the Request for Proposal(RFP)is to obtain bids for a waste hauler for the City of Eden Prairie's annual Community Clean-up Day. B. ISSUING OFFICE The RFP is issued by the City of Eden Prairie.All correspondence regarding the RFP must be addressed to the designated Contract Administrator. C. CONTRACT ADMINISTRATOR All communications concerning the contract should be directed to: Carol Lundgren,Sustainability Specialist City of Eden Prairie Engineering Division 8080 Mitchell Road Eden Prairie,MN 55344 Phone 952-949-8313 Email: clundgren@edenprairie.org D. INCURRING COSTS The City of Eden Prairie is not liable for any cost incurred by the prospective firms prior to the signing of the contract. E. PROPOSALS To be considered,each firm must submit a complete response to this RFP,using the format provided in Section III. The proposal must be signed by an official authorized to bind the submitter to its provisions.The proposal must include a statement as to the period during which the proposal remains valid. This period must be at least sixty(60) days from the due date for this proposal. F. ACCEPTANCE OF THE PROPOSAL CONTENT Failure of the selected consultant to accept these obligations may result in cancellation of the award. G. SELECTION CRITERIA The City will award one contract for the Community Clean-up Day to the responsible bidder submitting the lowest bid on the work. H. PROPOSAL RECEIPT Proposals must arrive at City of Eden Prairie,Engineering Division,8080 Mitchell Road,on or before 10:00 A.M on Friday,April 6,2018.Electronic delivery(email)is preferred. I. RIGHT TO REJECT BIDS The City of Eden Prairie reserves the right to award the total proposal,to reject any and all proposals in whole or in part,and to waive any informality or technical defects,in the City's judgment.In determination of award,the qualification of the proposal submitter,the conformity with the specifications of services to be supplied and delivery terms will be considered. J. COST LIABILITY The City assumes no responsibility or liability for costs incurred by the firms prior to the signing of this agreement. 1 K. OWNER The City of Eden Prairie is designated as Owner. L. AWARD OF CONTRACT The City of Eden Prairie will award one contract for this entire project to the responsible bidder submitting a bid, meeting all performance and required criteria as set forth in the Request for Proposal and the associated documents,plans and specifications. The attached Eden Prairie"Standard Agreement for Contract Services"will be used for this project and should be considered with the proposal.The City reserves the right to contract only for portions of the proposed scope of work outlined in this Request for Quote.Deletions of specific tasks or sub-tasks will be at the discretion of the City. M. TAXES The contractor shall pay all sales,consumer,use and other taxes required to be paid by him in accordance with the law of the place where the work is to be performed.These costs must be included in the unit prices. N. EVENT INFORMATION Saturday,June 16,2018 Hennepin Technical College 13100 College View Drive Eden Prairie,MN 55347 8:00 a.m.—2:00 p.m. II. SPECIFICATIONS A. Must be available for one pre-planning meeting at Eden Prairie City Center. B. Set-up equipment and staff by 7:45 A.M.the day of event. C. Commit to being on site for the duration of the event. D. Commit to keeping each waste collection area of the event staffed and operational, including 10 general trash vehicle stations, for the duration of the event. (e.g. 10 rear load trucks for General Trash, 3 30-yard dumpsters for Construction and Demolition, 1 front load truck and 2 40-yard dumpsters for Yard Waste, 1 30-yard dumpster for Scrap Metal and 1 8-yard dumpster for cardboard) E. Submit totals for all materials collected no later than 60 days after event. F. The contractor shall assume ownership and responsibility of disposal for all collected materials. G. Labor 1. Basis of Measurement: Lump sum 2. Basis of Payment: Lump sum will be compensated in full for all labor. Include 4 staff members for traffic control, and all staff to operate equipment. Include summary of labor assumptions on the proposal form (i.e. XX employees at$XXX/event). H. Mobilization 1. Basis of Measurement: Lump Sum 2. Basis of Payment: Lump sum will be compensated in full. 3. Mobilization costs include any operational costs outside the items listed on the proposal form (i.e. trucks, fuel, dumpsters,hauling,etc.). 2 I. General Trash 1. Basis of Measurement:By tons. 2. Basis of Payment:According to the unit price and estimated quantity as stated on the bid form.Estimated quantity is an average of the previous 5-year total tonnages. 3. Staging and Staffing:Maintain 10 general trash vehicle stations(e.g.dumpsters or rear load trucks)throughout the event.Include staff to operate equipment and load materials. J. Construction and Demolition Material 1. Basis of Measurement:By tons. 2. Basis of Payment:According to the unit price and estimated quantity as stated on the bid form.Estimated quantity is an average of the previous 5-year total tonnages. 3. Staging and Staffing: Provide dumpsters for construction and demolition materials throughout the event. Provide staff to assist with the loading and staging of the dumpsters. City Staff will mobilize and operate equipment to organize and consolidate materials. K. Yard Waste 1. Basis of Measurement:By tons. 2. Basis of Payment:According to the unit price and estimated quantity as stated on the bid form.Estimated quantity is an average of the previous 5-year total tonnages. 3. Staging and Staffing:Provide dumpsters for yard waste materials throughout the event.Provide staff to stage the dumpsters. City Staff will mobilize and operate equipment to load and consolidate materials. L. Furniture 1. Basis of Measurement:By each. 2. Basis of Payment:According to the unit price and estimated quantity as stated on the bid form.Estimated quantity is an average of the previous 5-year total quantity. 3. Staging and Staffing: Combined with General Trash.No additional staging or staffing. M. Scrap Metal 1. Basis of Measurement:By tons. 2. Basis of Payment:According to the unit price and estimated quantity as stated on the bid form.Estimated quantity is an average of the previous 5-year total tonnages. 3. Staging and Staffing:Provide dumpsters for scrap metal throughout the event.Provide staff to assist with loading and staging of the dumpsters. N. Recycling materials 1. Basis of Measurement:By tons. 2. Basis of Payment:According to the unit price and estimated quantity as stated on the bid form. Estimated quantity is an average of the previous 5-year total tonnages. 3. Staging and Staffing:Provide dumpsters for recycling materials throughout the event.Provide staff to assist with loading and staging of the dumpsters. III. PROPOSAL A. PROPOSAL FORMAT The firm will be responsible for completing and submitting the attached proposal form. B. FEE QUOTATIONS The fee proposal for the project will include all costs associated with the project.Include the name and telephone number of the person(s)in the organization who is authorized to negotiate the proposed contract with the City.If subcontractors are hired,a single firm shall administer the contract.All billings will be routed through this firm.Invoices submitted should have a detailed breakdown of times,personnel,mileage,supplies,etc.chargeable for a specific task. 3 C. PROPOSED MODIFICATIONS TO SCOPE The proposal shall discuss any proposed modifications to the scope outline herein that the Contractor may feel are necessary to complete the project. D. SUBMITTAL REQUIREMENTS Provide electronic copy(PDF)of the proposal for the evaluation process. E. TIME TABLE 1. Proposal submittal deadline:Friday,April 6,2018 on or before 10:00 A.M. 2. Award by the City Council:Tuesday,April 17,2018 IV. TERMS AND CONDITIONS 1. The City reserves the right to contract for only portions of the scope of work outlined in this RFP.Deletion of specifications will be at the discretion of the City. 2. If,for any reason,your firm is not able to execute the Standard Agreement for Contract Services within 14 days of Council Award,the City reserves the right to request proposals from other qualified firms. 3. The City will only pay the Contractor for services based on the not-to-exceed fee quotation approved in the proposal or agreed in negotiation. 4. An official authorized to bind the Contractor to its provisions must sign the proposal in ink.The proposal must include a statement as to the period during which the proposal remains valid.This period must be at least 9 months from the date of proposal. 5. The City shall retain ownership of all maps,reports,data and photographs prepared by the Contractor and/or their sub- consultants under this proposal.The City may reproduce any or all portions of these items at their discretion. 6. The attached Standard Agreement for Contract Services is to be considered a part of the Proposal.A signed copy will be required after City Council Approval. 4 PROPOSAL FORM CITY OF EDEN PRAIRIE Community Clean-up Day Saturday,June 16th,2018 Hennepin Technical College 13100 College View Drive Item Estimated No. Item Quantity Unit Unit Price Total Price N/A $6,656.00 1 Mobilization(Operational Expenses) 1 Lump Sum * 2 General Trash 90 Tons $63.00 $5,670.00 * 3 Construction Material 25 Tons $56.16 $1,404.00 * 4 Yard Waste 25 Tons $45.76 $1,144.00 * 5 Furniture 400 Each $15.60 $6,240.00 No Charge $0.00 6 Scrap Metal 8 Tons No Charge $0.00 7 Recycling Materials 1 Tons $9,150.00 $9,150.00 * 8 Labor(Include Assumptions Below) 1 Lump Sum $30,264.00 * Subtotal 10%Contingency $3,264.00 $33,528.00 Grand Total *Annual Estimates based on 2017's Volume—1 City Representative authorizing acceptance Contractor Authorized Signature:likve,t4 Matt a. en of bid and commencement of construction according to specifications Name:Beverly Mathiasen,Municipal Services Manager, 612-889-7324 Republic Services,9813 Flying Cloud Dr.,Eden Prairie, MN 5534 Labor Assumptions: 30 Employees @$305/Event 2017 06 01 Agreement for Contract Services This Agreement ("Agreement") is made on the day of , 20 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Republic Services, Inc., a Minnesota Corporation (hereinafter "Contractor") whose business address is 9813 Flying Cloud Drive, Eden Prairie, MN 55347. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for the 2018 Eden Prairie Community Clean Up Day hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. 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 April 9 ', 2018. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. EXHIBIT A f. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of$33,528.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 11 EXHIBIT A damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 11 EXHIBIT A d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. 1. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-,unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 11 EXHIBIT A of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence) and regardless of the extent to which the underlying occurrence (i.e.,the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen(15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 11 EXHIBIT A year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 11 EXHIBIT A c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 11 EXHIBIT A 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties,unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 11 EXHIBIT A 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 11 EXHIBIT A Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR By: Its: Standard Agreement for Contract Services 2017 06 01.01 Page 10of11 EXHIBIT A Proposal Form City of Eden Prairie Community Clean-up Day Saturday,June 16th,2018 Hennepin Technical College 13100 College View Drive Item Estimated No. Item Quantity Unit Unit Price Total Price N/A $6,656.00 1 Mobilization(Operational Expenses) 1 Lump Sum * 2 General Trash 90 Tons $63.00 $5,670.00 * 3 Construction Material 25 Tons $56.16 $1,404.00 * 4 Yard Waste 25 Tons $45.76 $1,144.00 * 5 Furniture 400 Each $15.60 $6,240.00 No Charge $0.00 6 Scrap Metal 8 Tons No Charge $0.00 7 Recycling Materials 1 Tons $9,150.00 $9,150.00 * 8 Labor(Include Assumptions Below) 1 Lump Sum $30,264.00 * Subtotal 10%Contingency $3,264.00 $33,528.00 Grand Total Curo-LLu4i.dgrew 93eue4 Slat/ricoen City Representative authorizing acceptance Contractor Authorized Signature of bid and commencement of construction according to specifications Beverly Mathiasen Name(Type or Print) Republic Services,Inc. Company Name Labor Assumptions: Municipal Services Manager Title 30 Employees @ $305/Event 9813 Flying Cloud Dr. Address Eden Prairie,MN 55344 City State Zip 952-946-5302 Telephone Number *Annual Estimates based on 2017's Volume Standard Agreement for Contract Services 2017 06 01.01 Page 11 of 11 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 17, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Leslie Stovring Amendment of Conservation VIII.U. Engineering Division Easement Over Lot 21, Block 1 at Villas at Mitchell Lake Requested Action Move to: Amend the Conservation Easement over Lot 21, Block 1 at Villas at Mitchell Lake. Synopsis A conservation easement was required for the Villas at Mitchell Lake development for protection of the lake and lake buffer. However, due to site constraints, the association is unable to use the area outside of the Shoreland Protection Area in the manner in which the neighboring associations enjoy. This amendment will provide a buffer that matches the Shoreland Protection Area established by City Code, resulting in an area that will be easier to enforce and yet provide the protections required by City Code. Staff recommends approval of the amendment. Background Information The Villas at Mitchell Lake Townhome Association has requested to amend the recorded conservation easement. The proposed change to the conservation easement meets the buffer requirements of the City's shoreland code. The amendment will result in a buffer that is consistent with a neighboring association, will be easier for City staff to monitor, and provide the residents a larger back yard. Attached to this memorandum is the Amended Conservation Easement document and a diagram outlining the existing and proposed conservation easement area. The Conservation Easement includes a Vegetation Management Plan for Buckthorn removal to set guidelines for continuing removal of buckthorn from the easement area. Attachments Conservation Easement Amendment Conservation Easement Comparison Diagram Conservation Easement Amendment Request AMENDMENT TO CONSERVATION/SCENIC EASEMENT THIS AMENDMENT TO CONSERVATION/SCENIC EASEMENT ("Amendment") is made this day of , 2018, by and between Villas at Mitchell Lake Townhome Association, a Minnesota nonprofit corporation ("Grantor"), and the City of Eden Prairie, a Minnesota municipal corporation ("Grantee"). RECITALS: A. Grantor is the owner of Lot 25, Block 1, VILLAS AT MITCHELL LAKE, Hennepin County, Minnesota(the"Property"). B. The Property is subject to that certain Conservancy/Scenic Easement for Lot 25, Block 1 of Villas at Mitchell Lake, filed of record with the Hennepin County Registrar of Titles on June 1, 2006, as Document No. 4279990(the"Easement Agreement"). C. Grantor and Grantee desire to amend the Easement Agreement to reduce the size of the easement area of the Conservation/Scenic Easement as set forth herein by removing a portion of Lot 25 of the Villas at Mitchell Lake from the Easement Area. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 1. Definitions. All capitalized terms used, but not defined, in this Amendment shall have the meanings assigned to them in the Easement Agreement. 2. Description of Easement Area. Exhibit A to the Easement Agreement is hereby amended and restated as set forth in Exhibit A attached hereto. The`Basement Area" shall mean the portion of the Property described in Exhibit A attached hereto. The Easement Area is depicted and referred to as the "CONSERVATION/SCENIC EASEMENT AREA"on the attached Exhibit B. 3. Removal of Buckthorn from Easement Area. Grantor and its members may, from time to time, clear buckthorn from the Easement Area in accordance with the Vegetation Management Plan for Buckthorn attached hereto as Exhibit C. 4. Miscellaneous. This Amendment is binding on the parties and their successors and assigns. This Amendment may be executed in any number of counterparts, all of which are considered one and the same Amendment notwithstanding that all parties hereto have not signed the same counterpart. The Easement Agreement, as amended by this Amendment, constitutes the entire agreement between the City and the Grantor with respect to the Easement Area and may be amended or altered only by written agreement executed by both parties,and supersedes all prior agreements,whether written or oral,between the parties. 5. Nothing contained herein modifies,alters or amends the Drainage and Utility Easement dedicated in the plat of VILLAS OF MITCHELL LAKE identified on Exhibit A. 6. As amended herein,the parties reaffirm the terms of the Easement Agreement. [Signature Pages and Acknowledgements Follow] IN WITNESS WHEREOF,the parties execute and deliver this Amendment as of the date stated above. GRANTOR: VILLAS AT MITCHELL LAKE TOWNHOME ASSOCIATION, a Minnesota nonprofit corporation By: Name: Its: President STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2018, by , the President of Villas at Mitchell Lake Townhome Association, a Minnesota nonprofit corporation,on behalf of the corporation. Notary Public GRANTEE: CITY OF EDEN PRAIRIE, a Minnesota municipal corporation By: Name:Nancy Tyra-Lukens Its: Mayor By: Name: Rick Getschow Its: City Manager STATE OF MINNESOTA ) )ss. COUNTY OF_HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2017,by Nancy Tyra-Lukens and Rick Getschow, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public DRAFTED BY: Gregerson, Rosow,Johnson&Nilan 100 South Washington Ave, Suite 1550 Minneapolis, MN 55401 EXHIBIT A LEGAL DESCRIPTION OF EASEMENT AREA An easement for conservation/scenic purposes over that part of Lot 25, Block 1, VILLAS AT MITCHELL LAKE, according to the recorded plat thereof, Hennepin County, Minnesota, lying easterly and southerly of Line 1 described below. Also that part of said Lot 25 lying southwesterly, westerly and northwesterly of Line 2 described below: LINE 1: Commencing at the intersection of the survey line near the lakeshore of Mitchell Lake and the east line of said Lot 25; thence North 0°00'00" East, assumed bearing along said east line a distance of 49.00 feet to the point of beginning of the line to be described; thence South 81°38'24" West a distance of 237.00 feet; thence South 89°34'34" West distance of 94.00 feet; thence South 44°22'35" West a distance of 89 feet, more or less to the ordinary high water line of Mitchell Lake and there terminating. AND LINE 2: Commencing at meander corner 49 on the west line of Section 8, Township 116, Range 22, Hennepin County, Minnesota being on the north side of Mitchell Lake; thence South 39°53'49" East, assuming that the west line of said Section 8 bears North 3°24'51"East, a distance of 37.97 feet to the southerly right of way line of Minnesota Trunk Highway Number 5 and the North Line of said Lot 25; thence northeasterly along the last described line an arc distance of 138.44 feet to the point of beginning of the line to be described, the chord of said curve bears North 77°38'41" East; thence South 58°16'37" East a distance of 119.00 feet; thence South 41°27'13" East a distance of 151.00 feet; thence South 14°51'26" East a distance of 106.00 feet; thence South 76°36'07" East a distance of 92.00 feet; thence South 62°50'52" East a distance of 89.05 feet; thence South 45°01'20" East a distance of 128.00 feet; thence South 30°55'50" East a distance of 90.03 feet; thence South 41°02'18" West a distance of 92 feet, more or less to the ordinary high water line of Mitchell Lake and there terminating. 3732652.5 Exhibit B EASEMENT AREA DIAGRAM • CONSERVATIOW SCENIC EASEMENT AREA -for- VILLAS AT MITCHELL LAKE TOWNHOME ASSOCIATION AMENDED EASEMENT DESCRIPTION J. part of-- Lot 25,Bloat,.VILLAS AT MITCHELL LAKE Hennepin County,MN An easement for.noervotonfecsn is purposes over 7.7107. port of Lot 25, Elook 1. 'LLAS AT . MITCHELL LASE. acoordng to the recorded plat thereof. Hennepin County,Minnesota. Iyng easterly _,�x-.LIE a• and southerly of Lne 1 deecrbed below. Aso that part of void Lot 25 lying southwesterly westerly 4 IF,. RR2 �� r h'lr_ and northwesterly of Lne 2 deocrbed below: u.�"-xI W.USE 1a A`7r' r LINE 1: •-• r a W.u-1 OF $�' 1 gce.7-+>4 v_xz � Cammenai+g at the intersection of the surrey line near 8+e laked+ore of Mitchel Lake and 8+e NORTH 1 91 } tf arm rpa _-- -- soot line of eud Lot 25; thence North 000'00"East. mourned heerng along said soot line a 4 # u.-�- r dietonce of 49.00 feet to the pont of begirning of the Inc to he described; then. South 81'38'24" --yyjtlj 'R 07 — W ce het a diston of 237.00 feet thence South 89�4'34" West distance of 94.00 fest; thence South I ,t.t3M L'P5 'r 8}d` 44'22'35' West a distance of 89 feet, mare err Imo to the ordinary high water Ins of Mitchell Lake .•-& ,l#+ - and there term i+a ling. .—"k • :':: :: ...:..,ti Ara t> ita4 25 :: .pi UkE 2: m n Consnoq m rn at eondsr comer 49 en the neat Ins of Section 8, Township 116, Runge 22, ' -'13 T$: e � Hennepin County,Minnesota he ng on the north side of Mitchell Lake; then.South 39°53'49" East, i ;:N '.-- S eeeuming that the west line of sold Section 8 beers North 3"2451"East, a diem-Foe of 37.97 feet to II ,. �.:,� 4 the eouthedy right of way line of Mi+neeota Trunk Highway Number 5 and the North Lne of said Lot 1 •, 25; thence norHleeeterly along the lost described line an IUD dietarce of 138.4-4 feet to the pont of , •:•t l♦ ! beyinniny of the Ina to he deeorihed, the chord of said curve beers North 77°38'41" Emt thence South 5896'37"East o distance of 119.00 feet; thence Smith 41°27'13" East a di etanoe of 151.00 feet then. South 14"51'26" Diet a distance of 106.00 feet: thence Smith 76'36'07"East a •• dietorce of 9200 feet; thence South 62'50'52" Eclat o dieton. of 89.05 feet then. South r`1n - 45�1'20"East a distance of 128.00 feet thence South3055'50" East o Elision. of 90.03 feet :_�.._:.:. �B%,a thence South 41°02'18" West a distance of 92 feet more less to the ordinary high rater Ire of yE ' - ` ; or % . Mitchel Late and there teminatilg. r Wra-ELL LA 4\ • BASED OR-p YIHtESOTA DAR 4"41 1.' 9i .:.•.• . :. �yp��1.%4 � .." r- '--- • H9 4 - or .� _-. {�r,. " FORDNARY MGM w4ER ELEV- 971.5 NOM2 I wA1ER ELEV.IN 19.e1LY17:871.3 NSEI 29 n7 . • LOT 25. 1 ,- P.oa-L /'�wcoowti0 LEGEND 0 DENOTES IRON LIGAMENT SET, MARKED RLSof 52705 � L''''.� I --'J DENOTES CONSERVATION/SCENIC EASEMENT ..ornnsr xw ,. =MI LIVE o Denotes Iron Set Bearings shown ore on I hereby certify that this plan, survey or report was prepared by me or under my • Denotes Iron Found an assumed datum- d-rect supervision and that I am a duly Registered Land Surveyor under the uec E.C. RUN a SONS. INC of the State of flhnesota. Doted this 91h day of A11 i.L , 2017. er+m professional Land Surveyors Scale 1'= 100' Drawn By: SNN , . ,W,,,4„d� 9905thArenueSE Sulte2 Project Manager: / ,r License No, 52705 Hutchinson,MN 55350 Job No.: 16334MS J 9 SNNTIN NrIta Blame r OM Walla 3732652.5 Exhibit C VEGETATION MANAGEMENT PLAN FOR BUCKTHORN For the Conservation/Scenic Easement on the property of the Villas at Mitchell Lake April 2018 The Easement area is to be preserved predominantly in its natural condition as provided for in Conservation Easement Document 4279990 recorded at Hennepin County on July 10, 2006 and as amended on April 17, 2018. This Buckthorn Management Plan (Plan) is intended to provide guidelines for management, removal and/or treatment of common buckthorn (Rhamnus cathartica), and/or glossy buckthorn (Rhamnus frangula) within the Conservation Easement area. The members of the Villas at Mitchell Lake have made and will continue to make efforts to remove noxious weeds such as buckthorn in accordance with the Conservation Easement requirements. Removal of buckthorn can be conducted as feasible utilizing volunteer labor. Contractors experienced in invasive species management and removal will be hired as needed. Following are guidelines that will be followed for all buckthorn management projects. Training • One member of the volunteer crew will be assigned to be the Crew Leader. The Crew Leader will be trained in invasive species identification, management and herbicide treatment. A minimum of one Crew Leader will be present during all buckthorn removals. • Crew Leader training must be through a City, Watershed District, Community Education Program or similar classroom setting that specializes in buckthorn or invasive species management. • Crew Leader training must be completed a minimum of once every five (5) years to ensure that current methods and techniques are familiar to the volunteers. • All volunteers must undergo one training session prior to starting work each year to ensure that they are familiar with buckthorn and other species that are similar in features to avoid removal of native species. The Crew Leader can provide this training. Management Plan • The Crew Leader or a member of the Homeowner Association Board must notify the City Forester in writing a minimum of five (5) business days in advance of any proposed buckthorn removal to ensure the City is aware of the proposed activity. • Documentation of training as well as proposed management techniques and disposal methods must be provided if requested by the City Forester. Records do not need to be maintained more than one year. Completion of the City's "Vegetation Management Plan Application" will not be required if this Vegetation Management Plan is followed. • Removal of fruit-bearing (female) buckthorn will be the primary focus of removal. Non fruit- bearing buckthorn will be removed as needed. • Shrubs and trees greater than one (1) inches in diameter will be cut close to the ground and the exposed stump treated with either a herbicide labelled for buckthorn control or other herbicide recommended by the City's Tree Inspector within 24 hours. Stumps not treated within 24 hours should be recut to provide a fresh cut. • Stump treatment shall be conducted using an applicator recommended during the training received by the Crew Leader or as approved by the City Forester. 3732652.5 • Cutting that occurs during winter conditions should leave a taller stump that can be recut and treated in the spring. • Buckthorn less than one (1) inch in diameter may be pulled using a weed wrench or similar tool by hand. Dirt held by the roots will be shaken off to minimize soil loss. • Buckthorn greater than four (4) inches in diameter may be debarked around the circumference of the tree for application of a herbicide. • All cut buckthorn shall be removed from or hauled out of the conservation easement area. The use of buckthorn for wood chips within the conservation easement area is not allowed. 3732652.5 1117- -. '''......„ . . . .. -,444, • ,,,‘,...,,,,,,, ,,,,,,,.. • , •-- -•,...• , — . . „..„... . ....._---.,!,...- ...--- -," ,.. - - - ... . . . .. . . ., . 1. . ,,,.-.._ 7'• .,,.', -takk...,? - • \ . . • ,.....„. ,.,. .3.,.. „, ,,r_. ' l'• . ,, -4, -.- . . . . \\\ . . . .. \ , .-....., -. '-v ,. , - ..4.-i.•-•,:-,:‘,. ,...- 1 ,I 'II 1 . . ,. PROPERTY LINE EXISTING \ \\ . ' , ...,„ ..., ,.... CONSERVATION \ .„SHORELINE EASEMENT '- .i1:....4',..'A .• . ' =.411111 . .,, \ ' . . ,..-.. 71-k IA., . , ....P.1, IN 14. , \ .... - 1 - " ''''''') \ 703' X \ ... / \\, ) X X X X \------ ---____ -------______..., -............ ......." „ ...... ----........ . ...... s........ s. ' -..... --........„ ...... s , . ( 7 s....... ,.... ..... ,, . , ...0 PROPOSED s. . . s. CONSERVATION ••... \ '. ,... EASEMENT ,... \ \ ' \ /-......_ _ SHORELINE ,. \ \ \ \---..............\,• ,,,, \ \ \ I/ 1 14:4 \ \ 1 _,.r.k.../ / I 1 \ \ . 1 ,-::--------------------------------- ____ - PROPERTY LINE \ \ \ \ l`le° \ SHORELINE \ \ LEXISTING CONSERVATION EASEMENT __------- _------ •••••••••"-------.- \ . \ ' \ PROPOSED ...1 (./. <,,, • CONSERVATION -PI is \ EASEMENT • • ---- .- , '•,.. . • \_____ ------ \\.........\ _ ..,• . . .' . , . . . -r ." ' . . . .----- PROPERTY LIN SEHORELINE — Eden Prairie City Council 8080 Mitchell Road Eden Prairie, MN 55344 RE: Amendment to Conservation Easement for Villas at Mitchell Lake Homeowners Association We are requesting approval of an amendment to the Conservation Easement between the City of Eden Prairie and the Villas at Mitchell Lake Homeowners Association (VAML).VAML is a 24 unit association of detached townhomes located on the northwest side of Mitchell Lake and south of Hwy 5. Fourteen of the homes were built 150 feet from the shoreline of Mitchell Lake and the original easement protected the area between the lot lines and the shoreline. In 2006,the easement was amended to reduce the area to 120 feet from the shoreline.This was to permit mowing of the small yards in back of the 14 homes. Last year we had a surveyor mark the boundary line that lies 120 feet from the shoreline and discovered that some parts of the easement lay within an area that has always been considered lawn and has been watered. Apparently this was an error by the developer,who is now out of business. To correct this,we are proposing amending the easement to between the ordinary high water mark of Mitchell Lake and 75 feet inland.This will also make the easement area consistent with the Shore Impact Zone defined in the Eden Prairie City Code. Thank you for your consideration. Sincerely, Board of Directors,Villas at Mitchell Lake c/o Mark Milberger, President 7894 Bailey Drive Eden Prairie, MN 55347 CITY COUNCIL AGENDA DATE: SECTION: Consent April 17, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Approval of Amended Open Space VIII.V. Janet Jeremiah/Angie Perera Easement—Olympic Hills Golf Course Requested Action Move to: Approve Amended Open Space Easement with Olympic Hills Golf Course Synopsis As part of the development of the Olympic Hills Golf Course, the owners, Olympic Hills Corporation and The Preserve Association, a Minnesota non-profit corporation granted to the City an Open Space Easement dated July 1, 1980. Brian and Angela Dingels, the owners of Lot 8, Block 7, Olympic Hills 6th Addition, Hennepin County, Minnesota have requested the release of a portion of the Open Space Easement (hereinafter the "Released Area") in order to purchase it from the golf course. In reviewing this request staff discovered that the 1980 Open Space Easement was not filed against golf course property. Staff has reviewed the matter and supports the release of a small portion of the property, subject to the recording of the Amended Open Space Easement. The City Attorney has draft the Amended Open Space Easement. The Amended Open Space Easement excludes the portion proposed to be sold to the Dingels. The Amended Open Space Easement is attached and the original Open Space Easement is Exhibit A to the Amended Open Space Easement. A sketch of the portion being released from the original Open Space Easement by virtue of approval of the Amended Open Space Easement is also attached. Background The single-family residential property owned by Angela and Brian Dingels, located at 11337 Mount Curve Road is approximately 15,319 sq. ft. in size and is outlined in red in the image below (the Dingels property). The Dingels wish to acquire approximately 2,130 sq. ft. of property from the Olympic Hills Golf Course which is outlined in blue in the image below (the Olympic Hills property) and which abuts the southeastern portion of the Dingels property. i Currently, an open space easement exists over the entire 2,130 sq. ft. of the Olympic Hills property and over the southern 10 ft. of the Dingels property. Parties involved in the open space easement agreement include the City of Eden Prairie, the Preserve, and Olympic Hills Golf Course. The Dingels wish to acquire the Olympic Hills property from the Golf Course and to combine it with their property with the intention to erect a fence around the perimeter of their new rear yard. The open space easement and agreement prohibits structures within the open space easement therefore an amendment to the open space agreement, is being requested for review and consideration by the City Council. The requested amendment would remove the southern ten feet of the Dingels property from the open space easement and would also remove the open space easement from the entire 2,130 sq. ft. of the Olympic Hills property. The Dingels currently have a purchase agreement pending with the Golf Course for the 2,130 sq. ft. Olympic Hills property. The Preserve and the Olympic Hills Golf Course have also granted permission to amend the open space agreement as is being requested. If the open space easement agreement is approved, then the Dingels intend to proceed a lot line adjustment application to combine the two properties together as one. The lot line adjustment application is a separate process, reviewed administratively by city staff. The Dingels new property would then be approximately 17,450 sq. ft. and would comply with minimum lot size and setback requirements of the City Code. Attachments 1. Resolution 2. Amended Open Space Easement 3. Original Open Space Easement 4. Lot Line Adjustment Survey(including sketch of portion being sold to Dingels) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- A RESOLUTION APPROVING AMENDED OPEN SPACE EASEMENT WHEREAS, the predecessors in interest to Olympic Hills Corporation ("Olympic") and The Preserve Association, a Minnesota non-profit corporation ("The Preserve") the "Owners" entered into an Open Space Easement dated July 1,1980 and desire for reasons stated below to enter into with the City an Amended Open Space Easement attached hereto. The original Open Space Easement is Exhibit A to the Amended Open Space Easement. WHEREAS, the Open Space Easement was never filed against the property to which it was subject; WHEREAS, Brian and Angela Dingels the owners of Lot 8, Block 7, Olympic Hills 6th Addition, Hennepin County, Minnesota have requested the release of a portion of the Open Space Easement (hereinafter the "Released Area") as shown on Exhibit B hereto in order to purchase it from the Owners; WHEREAS, Owners are willing to sell to the Dingels the Released Area, to be combined with said Lot 8, Block 7, Olympic Hills 6th Addition; WHEREAS, the Amended Open Space Easement does not include the Released Area and said area is released from the Open Space Easement by approval of the Amended Open Space Easement; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE as follows: 1. The Recitals set forth above are incorporated herein. 2. The attached Amended Open Space Easement is hereby approved and the Mayor and City Manager are authorized to execute it on behalf of the City. 3. The City Clerk is hereby directed to cause the Amended Open Space Easement to be filed with the Hennepin County Registrar of Titles. ADOPTED by the City Council of the City of Eden Prairie this 17th day of April, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk • AMENDMENT TO OPEN SPACE AGREEMENT This is.an Amendment to Open Easement Agreement made this2day.of '__; 2018, between Olympic Hills Corporation, a Minnesota corporation ("Olympic Hills"), The Preserve Association,a Minnesota non-profit corporation("The Preserve")(Olympic Hills and The Preserve are hereinafter collectively referred to as the"Owners"),and the City of Eden Prairie, a Minnesota municipal corporation("City"). RECITALS • WHEREAS,Olympic Hills,The Preserve and the City entered into that certain Open Space Agreement dated the 1st day of July,1980 attached hereto as Exhibit A. and WHEREAS,the Owners and City desire to amend the Open Space Easement by amending the description of land to be subject to the Open Space Easement(hereinafter referred to as the "Property") NOW THEREFORE THE PARTIES AGREEMENT AS FOLLOWS: • AGREEMENTS 1. The description of the Property subject to the"Open Space Easement"),is set forth • in Exhibit B hereto. 2. Except as expressly provided in this Amendment,all provisions of the Open Space Easement remain in full force and effect and are not modified by this Amendment,and the parties hereby ratify and confirm each and every provision thereof. 3. This Amendment constitutes the entire agreement between the parties with respect to the subject matter herein contained and all prior negotiations with respect to the subject matter herein contained are merged into and incorporated in this Amendment,and all prior documents and correspondence between the parties with respect to the subject matter herein contained(other than the Open Space Easement)are superseded and of no further force or effect 4. This Amendment may be executed in any number of counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same instrument 5. This Agreement shall bind and inure to the benefit of the parties;their successors and assigns. • Olympic Hills Corporation a Minnes)a Corporation By: _� Its: General Manager • State of Minnesota) ss. County of Hennepin ) • The foregoing instrument was acknowledged before me on 2% day of M kle4 4018 by Rudy Luther,the President of Olympic Hills Corporation,on behalf of the corporation. . PAL /tc'Attp d6eatt-e4/ .,.,°; Christie L.Barnes Notary Public `4;= Notary Public '_. :.�. Minnesota'11.4,xitipiMh Comissica Expires Jowl 31,E • The Preserve Asso • tion, • a to non- 5t corporation y: Its: es• • State of Minnesota ) )ss. County of Hennepin ) The foregoing instrument was acknowledged before me on Z.7 day of/A.81. 2018 by Paul • Musegades,the President of The Preserve Association on behalf of the corporatio Siva/71x a 7.747L.e.iefr_t_d Notary Public • _.1A BARBARA B HOVEl..Ai►1D tie' NOTARY PUBLIC MINNESOTA MiCannissimEggres 01/3112019 • • • • • • • City of Eden Prairie a Minnesota Municipal Corporation By. Its: Mayor • . By. Its: City Manager • State of Minnesota ) )ss. County of Hennepin ) The foregoing instrument was acknowledged before me on day of •,2018 by Nancy Tyra-Lukens and Rick Getschow,the Mayor and the City Manager respectively,of the City of Eden Prairie on behalf of the City. • Notary Public ' 0 OPEN SPACE AGREEMENT • This is an Easement Agreement made this / day of 9i&jit 1980, between Olympic Hills Corporation, a Minnesota corporation ("Olympic Hills") , The Preserve, a co-partnership consisting of Carter & Gertz, Incorporated, a Minnesota corporation, and The Minnesota Gas Company, a Delaware corporation ("The'.Preserve") (Olympic Hills and The Preserve are hereinafter collectively referred to as the "Owners") , and the City of Eden Prairie, a Minnesota muni- cipal corporation ("City"). RECITALS 1. Olympic Hills is the owner in fee simple of the real pro- perty legally described in Exhibit A, which is attached hereto and incorporated herein by this reference. 2. The Preserve is the owner in fee simple of the real pro- perty legally described in r:::ibit B, which is. at t.ached hereto and incorporated herein by this rference (the prcperty described on Exhibit A and Exhibit B is he-einafter collectively referred to as the "Open Space Area") . 3. The Owners and City wish to enter is__. :In ___=vi e: t F_3rec-- vent which will grant to City an easement for c_•:n space p;x poses within the Open Space Area.. AGREEMENTS The parties agree as follows: 1. The Owners hereby grant, bargain, sell and convey to City and its successors and assigns, an easement in, under, on and over the Open Space Area (the "Open Space Easement") , and City hereby accepts the Open Space Easement. 2. The Open Space Easement is granted and accepted subject to the following terms and conditions: A. Except to the extent compatible with the • reasonable use of the Open Space Area as a golf course and country club by Olympic Hills • 110 the Open Space Area shall be preserved pre- • dominately in its natural condition. No trees, shrubs, or other vegetation shall • be planted upon or removed from the Open • Space Area except such as is reasonably necessary in the course of the operation of the Open Space Area as a golf course!. : • and country club or as may be required for sanitation or disease control. B. No building or other man-made structure shall be placed on the Open Space Area except such • as may be reasonably necessary for the use and operation thereof as a golf course and country club. C. This easement does not grant to City or to anyone claiming through City the right to enter upon the Open Space Area. • D. Olympic Hills and its successors assume the obligation of maintaining the Open Space Area. E. No trash, waste, and other offensive material . or landfill shall be placed upon or within the Open Space Area, except such landfill as may be reasonably necessary for the use and operation thereof as a golf course and country club. F. The duration of the Open Space Easement is perpetual.G. The Open Space Easement may be modified or terminated only by a written amendment to this Open Space Agreement, executed on behalf of the Owners and the City of Eden Prairie. H. As used •eint t: a terms "golf co* "country club" do not include permanent or temporary residential use or transient hotel use. 3. This 'agreement shall bind and inure to the benefit of the I • parties, their successors and assigns. ' I OLYMPIC .. LS CORPORATION • • By • • Rudy Luther • • • Its Director _ - ' • By . W. S. Walsh• _t - . - Its Director • • THE PRESERVE Carter & Gertz, Incorporated Partner BY A._... . .i.- • Its 14, 1240 _ The Minnesota Gas Company Iti i• _„.- . ---• l L CITY OF EDEN RAIRIE . By . - c%. %). �.:./ Wgafgan,§1 H0Penzel,.Mayor B36;3) ..._..,••• ....___ - Ro a K. U stad, Manager • • STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) . .L.The foregoing instrument was acknowledged before me this (')'"` day of .jt , 1980, by Rudy•Luther, the Director, and W. S. Walsh, the Dir ctor, of Olympic Hills Corporation, a Minnesota -corporation, on behalf of the corporation. Not 'P�"1.�'; f r �� •�=Z}{RiSTi3VSEt+11 STATE OF MINNESOTA) �r . MIMI'KtIPLICr•Iroaii"ORA DAKOTA COUNTY . COUNTY OF HENNEPIN) The foregoing instrument was acknowledged 3efore me this /A52 y of 3-p/ , 1980, by rCE - 1J.,27714so� , the ''/ P•,, a,-.,•: of Carter & Gertz,ylncorporated, a Minnesota corporation, Partner of The Preserve,. and by , n,•, 7,V Lll P,--,esod , the 1i, R,acs,a�„,i of The Minnesota Gas Company, a Delaware corporation, Partner of T. Preserve, on behalf of s _,..4.1., aid pa.�.=ership. . r'• tary Pub c� JOAN O.LA PORT! t 'r s1 1bTARY PL JC•lx`yFSGSA ''- H;:NNEPIN COUNTY ii, - '�,mi Erp.cs rtav`5�� • • • STATE OF MINNESOTA ) ) SS- COUNTY OF HENNEPIN ) ' - The foregoing instrument was acknowledged before me this !/ day of � , 1980, by Wolfgang H. Penzel, the Mayor, and Roger 1 Ul-stad, the Manager, of the City of Eden Prairie, a Minnesota Municipal Corporation, on behalf of the corporation. -2 • .")11.* - Notary Pine•-• • -,.:.:..•. CINDY M.PLANTE . • • jj•. ;NOTARY PUBLIC-MINNESOTA _ CONSENT AND RELEASE HENNEPIN COUNTY. �/ iv Commission Exah..ssyt3o,toes The undersigned, a corporation under the aws o • e -' ' Minnesota, owner of the mortgage hereinafter described, for a valuable consideration, does hereby'consent to the grant of the above-described easement and does forever discharge and release a above-described m easement fro all claims and liens of and under' certain mortgages dated Offer is 1976. and ., 19x , executed byolympir Pi11 c r'n nratinn _ _ September 28, 1978 , as mortgagors, to National City Bank of MinnPapnlia as mortgagee, filed in ,thge office of • the Registrar of Tii-1 Pc , _ x iltirulfcetx1E " .40 in and for the County of Hennepin , State of Minnesota , on the 1st day of October , 1976 , and recorded in Bic , p , as Document No. 1147R�3* covering the above and other land. _ • fl TESTIMONY :•:HER.Eti_, the said corporation has caused these • • presents to be executed in its corporate name by itg :I3z zkkx's::t itSAssistantvice Preside:3_1- and its corporate seal to be hereunto • affixed this 10th day of July , 1980. *and recorded on September 29, 1978, as Document No. 1296204, respectively. NATIONAL CITY BANK OF MINNEAPOLIS • / 7 ) - By �. if ;:rt-r-7,..-4.. . I Its Assistant Vice President STATE OF•MINNESOTA ) • .) , ss- COUNTY OF BENNEPIN ) • The•foregoing instrument was acknowledged before me this 10th day of July _, 1980, by Ann P. C rnmek 2.71 t Assistant vice President, of Nat•innal •ri t,t Sark of 732pr+oapniis • the corporation named herein, a United $f-aj-Pc corporation,• on. behalf of the corporation, No.- ` 2u. ic— • PH J..CHR:STENSEN THIS INSTRUMENT DRAFTED BY: `_.2` NOTARY PUBLIC-MINNeSOTA 1 DAKOTA COUNTY - M Commbalon6pes�s�pt�zic Gustafson & Adams, P.A. 7400 Metro Boulevard - Edina, MN 55435 • i I ' CONSENT AND RELEASE 1 . The undersigned, a general partnership under the laws.of the State of'Minnesota, owner of the mortgage hereinafter described, for a valuable consideration, does hereby consent grant of that certain Open Space Agreement, dated the day;of. 1980, to which this Consent and Release is attached, and the ease- ments contained therein, and does forever discharge and release . the above-described easement from all claims and liens of and under that certain mortgage dated March 30, 1980, executed by Olympic Hills Corporation, as mortgagor, to Olympic Hills Investments, as mortgagee, filed in the office of the Registrar of Titles in and • for the County of Hennepin, State of Minnesota, on the 25th day of April, 1980, and recorded as Document No. 1379113, covering the • land described in said Open space Agreement. IN TESTIMONY WHEREOF, the said partnership has caused these presents to be executed in its name by a general partner this :2%7` day of - .-+�_ , 1980. OLYMPIC HILLS INVESTMENTS By Donald J. McGlynn, Partner STATE OF MINNESOTA) i ) Ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of�a0._ , 1980, by Donald J. McGlynn, a general partner of Olympic Hills Investments, the partnership named herein, a Minnesota general partnership, on behalf of the partnership. Nolat ;lisu THIS INSTRUMENT DRAFTED BY: JO .H J.CHRISTENSEN Gustafson & Adams, P.A. 'z`_ NOTARY FLA=.SaNUEEOTA 7400 Metro Boulevardaj� DAKOTACOUNTY . • • lm Edina,'MN 55435 moboodohmeohm to i - I • • • Property Covered by Open Space Agreement. That.property described on Exhibit "A" - Page 2; • and that property described on Exhibit "A" - Page 3; • EXCEPT that property described on Exhibit "A" - Page 4 • • • • • • • ' • • • • • • • • • • EXHIBIT "A" - Page 1 • • • • • • - .�1• am-. .i�. 1 -� 1.� -",*.•'���,y r : • !mil'•. 3.• . 1r;• .:,,.•fir .! ,-*7 •g::: e.;t • - • Z abed - I,Td.. 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That part of Government Lots 1 and 10, and accretions thereto,..Section•24, ' T-ownship 116, Range 22, and Ggvernment Lots 1 and 2,.and accretions thereto, • Section 25, Township 116, Range 22, lying westerly of Olympic Hills First ':- Addition, according to the recorded plat thereof, and southerly of Line A • . hereinafter described, and northerly of Line B hereinafter described: • • Line A - - " . . -.Beginning at the southwest corner of Outlot A, Olympic Hills First ABdition;• '. thence northwesterly 1280 feet along-a line deft ectfng.to:the left 42 degrees '• • - from•th_-west line of.said Outlot A; thence westerly to a'point in the . northerly extension of the west line of Government Lot I, Section 24, distant . 360 feet north of the southwest corner thereof and there terminating.._:: -_ Beginning at the southwest corner of Outlot•B, Olympic Hills First Addition;: r- ' thence westerly 470 feet along:a line deflecting 100 degrees to the left•=from the westerly line of said Outlot B; thence northwesterly to the northwest' - ::-.` • 2 Section_25, and there teniinating. " \� ' ' corner of•Gov?rnment Lot Sect o r +:: _ .• • _. r. Which is-described!as follo'ds: - . -• = t.::. - - :.-�:=` ': "'_-5 •• • -•_•Commencing at the south,•rest corner.of said Section 24; thenEe North 0r;.:•.-•_ - ,•---= 'degrees.52Lminutes-59-seconds.East• assumed'bail s•;for•beai�ings =167. 2f:feef .:.r.=:}:-.:�•rt.- :*. .. � i_. r_ t •-: �-=.. =-a=: _ ",�:-.along the:west•T.ine of said'-Section 24 to=the_poin�•o.,be-ginning;of.th =,,=— •' herein described property; thence `forth 01 degrees-52 minutes•59-•seconds• ::. . East,'along said west line, 127-24:feet;:thence North 00 degrees.09'm nvte :•• - • 18 seconds.West,•along sal::: Est'l i n e 65.62 feet to the above- descri bed Line:• • _ • . -.A; thence North-89-degrees .3 minutes 29-seconds East,. along said Line A;':;••,• _ - .. 190.75 feet; thence South 0= degrees 09 minutes 39 seconds West,.220-29 fee thence South 86 degrees 50 . mutes 2/.seconds East, 43-00 feet;•.thenc�.tiorth • - 03 degrees 09 minutes 39 se:ands East, 223.25 feet to said Line A; thence•.;- _ . • ,• North 89 degrees 13 minutes 29 seconds East, alcng said Line A, 183.19 reel; '. ".• -: . • thence South 64 degrees 26 minutes 06 seconds East, 1599,67 feet; thence - • •• . - -South.10 degrees 39 minutes 39 seconds West, 267.31 feet; thence North 80 ` •.4• • --degrees.03 minutes 44 secon.s West, 225.94 feet; thence South 34 dcgr ees 3Z,... :_ minutes 09 seconds West, 14.-.05 feet o.the'above described Line 8; thence:: _ North 666 degrees 10 minutes 18 seconds West, along said Line B, 1424-32.feet -f'z • thence.•North 25.degrees 02 minutes 44'seconds East, 68.88 feet; thence North--- --- . -; • 07 degrees 37 reroutes 05 seconds West;•125.90'feet; thence North 71 degrees,--. ' ••• 14 minutes 45 seconds West, 230.50 feet, to the point of beginning::':' - ;'::r.: . -- -- •!.w - ..---:::•r•� .-• •-• • • - • .. _ -. •:1 -•.. -•\ - - •-.•..•:.,--. `\P\•-..- - • • • EXHIBIT "A" - page 4 • . • _EE-C•TION OF PRESERVE PROPERT•O BE LEFT AS OPEN SPACE I:: OLYMPIC HILLS SIXTH ADDITION That part of Government Lot 4, and accretions thereto, Section 23, Township 116, Range 22, Hennepin County, Minnesota, described as • 'follows: Beginning at the Southeast corner of said Government. • Lot 4; thence South 89 degrees 13 minutes 29 seconds • West, assumed basis for bearings, 1123.97 feet along the South line of said Government Lot 4; thence North • 54 degrees 49 minutes 15 seconds West 476.88 feet; thence North 14 degrees 48 minutes 42 seconds;West144.31 . feet; thence South 89 degrees 13 minutes 29 seconds West 135.00 feet; thence North 12 degrees 37 minutes.:`02 seconds • West 107.94 feet; thence South.88 degrees 34 :minutes 22 seconds East 130.10 feet; thence North 32 degrees 20 • minutes 10 seconds East 137.30 feet, thence North 48 degrees 29 minutes 55 seconds East 198.50 feet;. thence • South 38 degrees 32 minutes 41 seconds West 10214 feet; } thence South 47 degrees 35.minutes 28 seconds .West 111,04 • feet; thence South 17 degrees 14 minutes 25 seconds East 257.56 feet; thence South 71 degrees 36 minutes 12 seconds East 663.2 feet; thence North 61 degrees 16 minutes 25 seconds East 277.35 feet; thence South 65 degrees 45 minutes 30 seconds West 418.81 feet to the East line of said Government Lot 4; thence South 01 degrees 52 minutes 59 seconds West 97.99 feet along said East line to the point of beginning. And that part of said Government Lot 4, described as follows: Commencing at the Southeast corner of said Government Lot 4; thence South 89 degrees 13 minutes 23 seconds West, assumed basis for bearings, 1877.92 feet along the South line of said Government Lot 4, to the point of beginning; thence North 01 degrees 04 minutes 37 seconds West 395.01 feet; thence North 83 degrees 30 minutes 51 seconds East 150.75 feet; thence North 10 degrees 59 minutes 35 seconds East 122.58 feet; thence North 88 degrees 03 minutes 20 seconds • West 249.09 feet to the Easterly line of Registered Land Survey No. 1041, files of the Registrar of Titles; thence - Southerly and Southwesterly along said" Easterly line to the South line of said Government Lot 4; thence Easterly along said South line to the point of beginning. • And that part of said Government Lot 4, and accretions thereto lying Easterly of Registered Land Survey No. 1041 and Southerly of the extention East of the northerly line of said Government Lot 4, and Northerly of the following described line: Commencing at the Southeast corner of Outlot C,.Meadow Park, according to the plat thereof on file or of record in the office of the Registrar of Titles; thence North 00 degrees 18 minutes 04 seconds West, assumed basis for bearings along the east line of said Meadow Park 500.65 feet to the Northeast corner of said Outlot•C, said corner being the•beginning of the line herein described; thence South 80 degrees 51 minutes • 00 seconds East, 378.24 feet; thence South 63 degrees 20 minutes 59 seconds East, 208.43 feet; thence South 54 degrees 16 minutes 26 seconds East, 124.40 feet; thence South 39 degrees 49 minutes 56 seconds East, 225.36 feet; thence South 48 degrees 29 minutes 55 seconds West, 150.00 feet; thence South 38 degrees 31 minutes 05 seconds East, 101.35 feet; • thence North 47 degrees 35 minutes 28 seconds East, 140.00 feet; thence South 54 degrees 25 minutes 26 seconds East, • 221.01, feet; thence South 65 degrees 33 minutes- 05 seconds East, 267.51 feet; thence South 74 degrees 19 minutes 36 seconds East, 547.40 feet; thence South 62 degrees 42 minutes • 10 seconds-East, 185_83 feet to the east line of said Govern- • ment Lot 4, and there terminating. • EXHIBIT "B" • • EXHIBIT B Parcel A Outlots B and C,Olympic Hills Sixth Addition,Hennepin County,Minnesota. Except That part of Outlot C,Olympic Hills Sixth Addition,Hennepin County,Minnesota,lying Northerly and Westerly of the following described line: Commencing at the Northeasterly corner of said Lot 8;thence Southwesterly along the• Southeasterly line of said Lot 8,said Southeasterly line having an assumed bearing of South 63 degrees 54 minutes 54 seconds West,a distance of 128.47 feet to the point of beginning; thence South 13 degrees 04 minutes 30 seconds West a distance of 46.11.feet;thence South 85 degrees 34 minutes 30 seconds West a distance of 96.87 feet to the Southerly corner of . said Lot 8 and there terminating. Torrens Property. Being registered as is evidenced by Certificate of Title No.614741. The Certificate of Title covers the premises described above and other land. Upon conveyance of the premises described above,a residue certificate will be required for the premises not conveyed,there will be an additional fee,contact the county for costs. Parcel B Outlots D and E,Olympic Hills Sixth Addition,Hennepin County,Minnesota. - Torrens Property. Being registered as is evidenced by Certificate of Title No.614810. Parcel C Outlot A,Olympic Hills Sixth Addition,Hennepin County,Minnesota. ' Torrens Property. Being registered as is evidenced by Certificate of Title No.642159. Parcel D Par 1: That part of the accretions to Government Lot 1,Section 24,Township 116,Range 22 • described as:Beginning at the intersection of the South line of said Section 24 with the Northerly extension of the East line of Government Lot 2,Section 25,Township 116,Range 22,which point is marked by a judicial landmark set pursuant to Torrens Case No.13526; thence West along said South line to the Southwest corner of said Section 24,thence North along the West line of said Section 24 to a point thereon distant 42.7 feet South from its intersection with the Westerly extension of the North line of Government Lot 10 in said Section 24(a part of said West line is marked by judicial landmarks set pursuant to Torrens Case No.14341);thence Southeasterly to the point of beginning;Except that part thereof embraced within the plat of Olympic Hills Seventh Addition. Par 2: That part of Government Lot 10 and accretions thereto,Section 24,Township 116,Range 22 described as:Beginning at the Northeast corner of said Government Lot 10;thence South along the East line thereof to the Southeast comer of said Government Lot 10;thence West along the South line of said Government Lot 10 and along the South line of said Section 24 to its intersection with the Northerly extension of the East line of Government Lot 2,Section 25,Township 116,Range 22,which point is marked by a judicial landmark set pursuant to Torrens Case No.13526;thence Northwesterly to the geographical center of Neill's Lake as shown on the plats on file in Torrens Case No.3044 and 13526,and stopping at a point in the West line of said Section 24 distant 42.7 feet South from its intersection with the Westerly extension of the North line of said Government Lot 10;thence North along said West line 417 feet;thence Easterly along said extension and along said North line of Government Lot 10 a distance of 1320.80 feet to a judicial landmark;thence continue East along the last described course a distance of 1281.25 feet to a judicial landmark;thence continue East a distance of 45.58 feet to the place of beginning,Except that part thereof embraced within the plats of Olympic Hills First Addition,Olympic Hills Second Addition and Olympic Hills Seventh Addition. Par 3: That part of Government.Lot 1 and accretions thereto,Section 25,Township 116,Range 22, lying Westerly of the plat of Olympic Hills First Addition and Northerly of the plat of • Olympic Hills Seventh Addition. Par4: That part of Government Lot 1 and accretions thereto,Section 25,Township 116,Range 22, • lying Southerly of the plats of Olympic Hills First Addition and Olympic Hills Seventh Addition;Except that part thereof lying East of a line drawn parallel with and distant 463.5 feet West of the East line of said Government Lot 1 as measured along the South line of the North 1235.58 feet of said Government Lot 1 as measured along the East line thereof. Par 5: That part of Government Lot 2 and accretions thereto,Section 25,Township 116,Range 22, lying Southerly of the plat of Olympic Hills Seventh Addition;Except that part thereof embraced within the plat of Olympic Hills Fifth Addition. Par 6: That part of the Southeast Quarter of the Northwest Quarter of Section 25,Township 116, Range 22 lying Westerly and Northwesterly of the plats of Bonner and Waters First Addition and Olympic Hills Third Addition;Except that part thereof embraced within the plat of Olympic Hills Fourth Addition. Par 7: That part of the Southwest Quarter of the Northwest Quarter of Section 25,Township 116, Range 22 lying Northerly of the center line of County Road Number 1,as said center line is shown on the plat of Eden Prairie Acres";Except that part thereof lying Southerly of a line drawn at an angle of 80 degrees 07 minutes 23 seconds,as measured from South to West, from a point on the East line of said Southwest Quarter of the Northwest Quarter distant . 246.55 feet North of the Southeast corner thereof;And Except that part thereof embraced within the plats of Olympic Hills Fourth Addition and Olympic Hills Fifth Addition. Torrens Property Being registered as is evidenced by Certificate of Title No.655850. N m O m o m � i m n rn ° m 0 O • r o o o0 _ 0 � mo F0 m 49 3an3 N • � ° N _01 " m m k O p- F 'o �° �m m m - m O� m c .� m I n ^ rm' Ommo_ ° - 0- 0 CD ' 1Ul 1-1 m . aom •- - mx 0 m µ J 0-0 m ° m ma x ii 0o ° '. ca mu am0 pg o � �tom i 3 �u ,. u ° � m ° amm �' za '• M =c ' � � PI Z 1 ` 1 z fN � uc mmm � ar- ot In Nis ' = v co o Ao Z' r irL}.yi m oo l- omo � � °co or o r^ o SE to - N ' 3 Vl 0 0 O � � 100 = C � = O • 2 C� co m m N ? _ III��_ 3 A a0 on m � .°. m L * O � m m m3 ro . < o -, Ei 1 j1 J 55 c> 0 r�..�l' O m ° C o> > tea= - __ CD m nm r m m 01 Zz / m � { o z / 7/ 0 n - -I • -1 N \ 1718p P� r517 e eo 7• 86MfgS• / / CP m x al - / CA C\ C w o C -I• • i r • / sO N y -OD ttl V OD 0r m O -nC ) o � / `'�" m 0 /_ N. = 5 41. / 3 S13 p4.3p W 46 1j �� Q �' 00 0 " 0 i 0 �� .02 A ° T b 0 co /A Z � � N ^3 e o \ CO_ z m - \ 47m n aN V- � NI .03 �t lc / boR. 30 � 11.77 /? L y or a In p / a / / Ca i o0 ort D mto / na / mo O D On z < r: 6 m -n [0o ; Z m rm m % ° p r 0 5 <0. z a / to / LaEE ° r z � N � o = v = mm = N m Co] (` ins ® aoaa < & m < mm n 3 '1 0 O 0 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 17, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Fire Department Cooperative Fire Protection Agreement with the VIII.W. Minnesota Department of Natural Resources Department of Forestry Requested Action Move to: Approve the Cooperative Fire Protection Agreement between the City of Eden Prairie's Fire Department and the Department of Natural Resources Division of Forestry. Synopsis This agreement provides financial compensation to the Eden Prairie Fire Department from the DNR for all "Wildland Fires"responded to within Eden Prairie. An average there are 8 "Wildland Fires" annually. In 2017 there were 15 total. Background Information The reimbursement by the DNR is intended to reimburse fire departments for their costs to respond to wildland fires that the DNR cannot realistically respond to in a timely manner. This agreement is on a five-year term, and can be cancelled by either party with 30 days written notice. The agreement is attached. Agreement attached. tr NA-01966-06 4-8-2013 Minnesota Department of Natural Resources Division of Forestry and the Eden Prairie Fire Department Cooperative Fire Protection Agreement Agreement Number: (18 344 FDID#27306) THIS COOPERATIVE FIRE PROTECTION AGREEMENT, is made and entered into by and between the State of Minnesota acting by and through the Commissioner of the Department of Natural Resources, hereinafter referred to as the "DNR" and the City of Eden Prairie, acting through its Fire Department, hereinafter referred to as the "Fire Department," as authorized by M.S. 88.04 subd. 4; 88.11 subd. 1; and 89.01 subd. 4 I. PURPOSE The purpose of this Cooperative Fire Protection Agreement is to cooperate in the prevention and suppression of wildland fires as authorized under M.S. 88.04. Assistance will only be provided when requested, when resources are available, and can be committed without diminishing either party's ability to protect its own jurisdiction. II. STATEMENT OF MUTUAL BENEFITS AND INTERESTS The DNR, Division of Forestry, is responsible for the prevention and suppression of wildland fire within the state. The Fire Department is responsible to prevent and extinguish all unwanted fires within its fire protection area. It is mutually advantageous and in the public's interest for the parties to this instrument to coordinate and assist in each other's efforts in prevention, detection, and suppression of wildland fires and to cooperate in fire hazard reduction in and adjacent to areas of mutual responsibility. III. THE FIRE DEPARTMENT SHALL: 1. Provide fully staffed and equipped fire fighting resources, when available for wildland fire suppression, as listed on the attached rate schedule. 2. Indemnify, save and hold the State, its representatives and employees, harmless from any and all claims or causes of action, including all attorneys' fees incurred by the State, arising from the performance of this Agreement by the Fire Department or Fire Department's employees, agents or subcontractors, but only to the extent caused in whole or in part by the negligent acts, errors or omissions of Fire Department, or anyone directly or indirectly employed or hired by Fire Department, or anyone for whose acts Fire Department may be liable.. This clause shall not be construed to bar any legal remedies the Fire Department may have for the State's failure to fulfill its obligations pursuant to this Agreement. 3. Assume full responsibility, including legally required insurance and Workers' Compensation for all Fire Department personnel provided under this agreement. 4. Respond to all calls for wildland fires within the Fire Department's fire protection area when requested by the DNR. 5. Respond to additional wildland fire calls outside the Fire Department's fire protection area at the request of the DNR and at the discretion of the Fire Chief Fire Department Cooperative Agreement tr NA-01966-06 4-8-2013 6. Submit a report to the DNR within 24 hours of any wildland fire on which the Fire Department takes independent action. Reporting can be in the form a DNR Fire Report Card, fax, e-mail, fire report form, DNR wildland fire invoice form, or other written communication that provides the same information as the Fire Report Card. 7. Submit an invoice to the DNR within 30 days of an incident for which the fire department is requesting reimbursement. Invoices beyond 30 days may not be honored if the fire was not reported timely to the DNR. 8. Stay with all wildland fires until out, or released by a DNR incident commander, or until called to another incident within the Fire Department's protection area,provided the wildland fire is considered safely contained. 9. Be committed to protection of lives and buildings as its first consideration. 10. Through the Fire Department officers, determine its capabilities and assume final decision authority on commitment of its vehicles and personnel into any area of operation that is requested by DNR personnel. 11. Furnish all tools, equipment, supplies, fuels, and lubricants, except for those items furnished by the DNR, as stated in this Agreement. 12. Assist the DNR with distribution of fire prevention materials and wildland fire prevention presentations. 13. Bill the DNR for wildland fire runs at the agreed upon rate per run. When additional resources are requested by DNR Forestry, beyond the first 2 hours (the "run") hourly rates for specific requested equipment, as described in the attached Rate Schedule, will apply. Invoices must be submitted within thirty(30) days of the fire(s). IV. THE DNR SHALL: 1. Respond with specialized equipment for wildfire response, when possible, at the request of the Fire Chief or designate. This equipment includes, but is not limited to dozers, all terrain tracked vehicles, engines and aircraft. 2. Investigate violations of the burning laws of the State. (M.S. 88.01 to 88.22 and 88.75) This includes billing the responsible party for all wildland fire suppression costs of the DNR, and the Fire Department if the DNR pays the Fire Department for responding to the fire. 3. Assist the Fire Department in obtaining Federal Excess Property, specialized equipment, or grants for improving their firefighting capabilities. 4. Assist the Fire Department with procuring and distributing fire prevention materials. 5. Provide wildland fire suppression training to the Fire Department as workload permits. 6. Reimburse the Fire Department for wildland fire runs, according to the terms of this agreement. 7. Make reasonable effort to release the Fire Department as soon as possible to ensure that the Fire Department is available for other emergency response calls. (Delete options that are not used.) 8. (Optional) Replace or reimburse the Fire Department for the cost of Class A firefighting foam used on wildland fires, with final approval of the DNR Forester. 9. (Optional) Loan wildland firefighting tools, as available, to the Fire Department. V. REIMBURSEMENT POLICIES: 1. Lower rates may be negotiated for extended use at the Fire Department's discretion. 2. When the Fire Department is dispatched through its normal dispatch procedures, and not specifically requested by the DNR, the Fire Department shall only bill for a Wildland fire run. (A Wildland Fire Run Fire Department Cooperative Agreement tr NA-01966-06 4-8-2013 is described as the fire department's response to a wildland fire that takes up to two (2) hours to suppress.) 3. For hourly billing of equipment requested by DNR Forestry, after the wildland fire run first 2 hours), time will be rounded to the nearest half hour. Billable time should begin when the Fire Department leaves its station and continue until it returns to its station. Time spent refurbishing and readying equipment for the next call shall not be included as billable time. 4. The fire chief and local DNR forester may discuss charges that are in question prior to submitting a final invoice for payment. 5. If the Fire Department is released by the DNR before the Fire Department has taken any suppression action on the fire, the Fire Department shall not submit a bill for the run. 6. Attached rates shall be reviewed annually and may be changed with signature of the parties to this Agreement, or their successors in position. VI. LIABILITY Under no circumstances, however, shall either party be required to pay on behalf of itself and the other party, any amounts in excess of the limits on liability established in Minnesota Statutes, chapter 466, and Section 3.736 applicable to any one party. The limits of liability for both parties may not be added together to determine the maximum amount of liability for any party. The intent of this subdivision is to impose on the Fire Depalliiient a limited duty to defend and indemnify, to the extent permitted by the Attorney General, DNR for claims arising within the Fire Department's jurisdiction subject to the limits of liability under Minnesota Statutes, chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. This Agreement is effective on the date of the last signature and is to continue in force for five (5) years or until terminated by either party giving thirty(30) days written notice to the other. Both parties should review this Agreement annually. City of Eden Prairie : /s/ Date: Its Mayor Its City Manager State of Minnesota Fire Department Cooperative Agreement tr NA-01966-06 4-8-2013 Department of Natural Resources: /s/ Date: Area Forester Fire Department Cooperative Agreement tr, Minnesota NA-01966-06 4-8-2013 Fire Department Cooperative Agreement Rate Schedule ITEM DESCRIPTION NUMBER WORK RATE *STANDBY RATE OF PERSONNEL a. rate b.per unit a.rate* b. unit (include NWCG type,make,model,year,serial number and special Wi (includes (hour,etc.) (hour,etc.) features,such as 4X4,CAF or foam proportioners) EQUIPMENT personnel) a. E21 2005 E-One 4EN6AAA8151009695 E22 2008 E-One 4EN6AAA8181003741 E31 2005 E-One 4EN6AAA8551009697 E32 2005 E-One 4EN6AAA8351009696 E41 2006 E-One 4EN6AAA8551009697 Each of the above include: 3 $270 Hour • Foam Pro 30 Gallon • 1000 Gallons Water • 2000 GPM Pump • 1000 5"Hose • 1400'23/4"Hose • 450'1 3/4'Hose b. BRUSH 21 Polaris Ranger 6x6 P700-15644 • 75 Gallon 2 $165 Hour • 3/4"Booster Line • Pump/Roll c. E 12 2009 E-One 4EN6AAA8991004993 • 230 Gallon Foam • 1500 GPM Pump • 4x4 3 $270 Hour • Pump/Roll • 1000'Large Diameter Hose • 1400'2'/z"Hose • 450'1 3/4"Hose d. BOAT 31 2006 Lake Assault LKKEPF21A606 • Waterous P818-4025b portable 375 GPM 3 $165 Hour • 100'1 3/4"Hose • 2 Hand Lines e. RAMP 11 2004 Ford Pick-Up 1FTSF31554ed66246 RAMP21 2006 Ford Pick-Up 1FTWF31Y36ED65184 Each of the above include: • 4x4 2 $165 Hour • 8 Gallon Foam Cell • 250 Gallons Water • 150'1 3/4"Hose • 400'2'/z"Hose • Pump/Roll f. BRUSH 31 2004 Ford Pick-Up 1FTSF31S34ED66245 • 4x4 • 2 75'Booster Lines 2 $165 Hour • 250 Gallons Water • Pump/Roll Fire Department Cooperative Agreement tr NA-01966-06 4-8-2013 BRUSH 41 2007 Polaris Ranger • 2 75'Booster Lines • 250 Gallons Water 2 $165 Hour • Pump/Roll i. Per hour Same Per hour Each $50 per as work per Additional Requested firefighters rate firefighter firefighter *Standby rates shall be equal to 1/2 of the work rate, and shall apply only if equipment and personnel are ordered by the DNR to be staged and available for immediate action. Special Rates: a. Run charge of$350.00 per Run, for up to 2 hour response. After two hours, equipment or personnel requested by the DNR will be charged at the rates in the above Rate Schedule. . The above rates have been agreed upon by: Fire Department DNR Area /s/ Date: Area Forester /s/ Date: Fire Chief /s/ Date: Regional Forest Manager (if required) Fire Department Cooperative Agreement NA-01966-06 4-8-2013 4.2013 Snested Equipment standards and Hourly Rates for Fire Departments That hale an agreement with the Diltion Of Forestry MN!DNR After the fast two hour rate has expired,needed equipment will be placed on an hourly rate. Equipment standard and rates include personnel;fuel will be famished by the Fire Department na pare will be redmced br 10%for Engines and Water Tenders alder than 2SyeQr3. Emarines Sinai-ere EnTinn R3dlaad Emirs COMPONENTS 1 2 3 4 5 0 ' ? Pump Rstiag Min_lbw([PM) 1000 {00 150 50 50 50 10 At ra led pressure(PSI) 150 1r0 250 100 100 100 in Tank Capacity(Galen) 300 300 500 750 400 150 50 Huse 2',z°`(Feel) 1200 1000 Hose 1 Yz"(Fee* 500 500 1000 300 30d 300 Hew 1"(Feet) 500 300 30) 300 21w0 Personae] d 3 3 2 2 2 2 iaipatenI Rate/Hoar $275 $000 $185 $1.55 $140 $125 SW *agines equipped with CSoagpremedAirFoszae stootns*1t1 ivxr'edan aafd7tiai $20 me Maury treALFSis u.:aaoil the incident Water Tenders Wader rimier T Rpgairemeats Support Tactical COMPONENTS Si S2 53 T1 T2 Tank Capacity(Gallons) 4000 2500 1440 24400 1000 Pimp Minimum Flow(GPM)* 300 200 240 230 250 Rated Pressure(PSI) 50 rv0 50 130 150 Max Real times MIL) 30 20 1S - - Pump&RuIl - - - 375 gm. Personnel 1 1 1 2 2 Egaiposeat Rate diem/ 52i•0 $160 S140 $230 $190 *Poaaa:e Pump Acceptable with tenders *Water tenders curve with folding tanks Additional Firefighters use a rate of S15.00rhr Fire Department Cooperative Agreement tr NA-01966-06 4-8-2013 Minimum Reqnirements for Personnel Responding to Incidents on National Forest System Lands All firefighting personnel are required to wear and utilize the following Personal Protective Equipment:Nomex shirt and pants,hard hat,Leather gloves,S inch boots with a lugged sole and an approved fire shelter_ All personnel will be required to meet NWCG training requirements for a wildland firefighter,and attend an annual wildland refresher. Fire Chiefs will ensue Departments meet train requirements and are responsible for the upkeep of Department personnel training records_ Physical fitness levels are established by each agency_ Departments will meet their own physical fitness standards_ When responding to Federal Lands Engines and Water tenders will need to meet the NWCG component standards and are recommended to meet NWCG stocking standards (appendix M)_ Appendix M is located at htzp://www.nifc_gov/PUBLICATIONStredbooki2013.1AppendixM.pclf. Other Resources - Non-Vehicle Items used for support missions will be based on a daily rate MODEL/DESCRIPTION Min. of Operators Rate Tracked Vehicles 2 based on Use rate charts from sue Engine hpmg UTV aitank(tactical) based oa tank size *RODS required 1 550.hr+ 31-50 gal=S50 hr 51-75^gam S60 hr ATV(support) 1 S100 day Boat(must have pimp sad roll based oa size capabilities aid used for tactical 2 negotiated and pumping missions) capabilities Boat(support) based on size 1 1754dsp+ 14' 75/day 16-17'A150eday 18+=I175/dap Portable Pump(high volume or 0 5200 dap Prime} Folding Tank ''based on size 0 $75+dap+ 1000-2000=I75{day 2000+=5100/dap Thermal Camera 1 $3011+day Rates for non-vehicle equipment(such as boats,ATV's and folding tanks,etc.)will be based on a daily rate_ Boats capable of tactical missions(pump and roll capabilities)are an exception and will be based on an hourly rate. Tracked ve ides should use a rate for capacities based on Engine type_ Fire Department Cooperative Agreement CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda April 17, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Robert Ellis Authorize execution of representation VIII.X. Public Works/Environmental agreement with Weitz & Luxenberg, P.C., Services the Super Law Group, and Gray, Plant, Mooty, Mooty&Bennett, P.A. regarding litigation Requested Action Move to: Authorize execution of representation agreement with Weitz & Luxenberg, P.C., the Super Law Group, and Gray, Plant, Mooty, Mooty& Bennett, P.A. regarding litigation. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims April 17, 2018 ITEM NO.: DEPARTMENT/DIVISION: ITEM DESCRIPTION: 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 259357 - 259799 Wire Transfers 1019388 - 1019581 Wire Transfers 6516— 6551 Purchasing Card 6527 City of Eden Prairie Council Check Summary 4/17/2018 Division Amount Division Amount -1,814 308 E-911 515 100 City Manager 425 309 DWI Forfeiture 291 101 Legislative 3,005 315 Economic Development 6,371 102 Legal Counsel 39,545 445 Cable PEG 1,079 110 City Clerk 199 502 Park Development 7,564 111 Customer Service 2,625 509 CIP Fund 12,571 112 Human Resources 356 513 CIP Pavement Management 495 113 Communications 695 522 Improvement Projects 2006 96,071 114 Benefits&Training 7,539 527 CIP-Leasing Costs 943 130 Assessing 500 529 Shady Oak Rd-CR 61 South 471 131 Finance 5,285 531 Eden Prairie Road 383 132 Housing and Community Services 9,634 532 EP Road Connect Flying Cloud 27,478 133 Planning 3,568 534 WEST 70TH ST.EXTENSION 86,546 136 Public Safety Communications 23,426 538 SingleTree Lane South 3,890 137 Economic Development 171 804 100 Year History 43 138 Community Development Admin. 32 Total Capital Projects Fund 244,710 150 Park Administration 134 151 Park Maintenance 18,090 601 Prairie Village Liquor 140,323 153 Organized Athletics 9,140 602 Den Road Liquor 281,825 154 Community Center 48,719 603 Prairie View Liquor 183,751 156 Youth Programs 15,870 605 Den Road Building 8,884 157 Special Events 190 701 Water Enterprise Fund 500,658 158 Senior Center 6,665 702 Wastewater Enterprise Fund 735,239 160 Therapeutic Recreation 65 703 Stormwater Enterprise Fund 37,201 162 Arts 10,671 Total Enterprise Fund 1,887,880 163 Outdoor Center 1,297 168 Arts Center 262 802 494 Commuter Services 36,151 180 Police 39,883 803 Escrow Fund 38,311 184 Fire 44,883 807 Benefits Fund 977,417 186 Inspections 3,626 811 Property Insurance 2,810 200 Engineering 12,345 812 Fleet Internal Service 152,323 201 Street Maintenance 11,145 813 IT Internal Service 142,429 202 Street Lighting 72,686 814 Facilities Capital ISF -9,225 Total General Fund 390,860 815 Facilites Operating ISF 57,576 816 Facilites City Center ISF 120,094 301 CDBG 27,767 817 Facilites Comm.Center ISF 143,461 303 Cemetary Operation 1,316 Total Internal Svc/Agency Funds 1,661,346 312 Recycle Rebate 4,051 Total Special Revenue Fund 33,134 Report Total 4,217,930 City of Eden Prairie Council Check Register by GL 4/17/2018 Check# Amount Supplier/Explanation Account Description Business Unit Comments 259538 348,871 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Wasterwater Collection Wastewater Fee March 2018 259639 348,871 METROPOLITAN COUNCIL ENVIRONMENTAL SERVI MCES User Fee Wasterwater Collection Wastewater Fee April 2018 259541 260,000 MINNESOTA DEPARTMENT OF TRANSPORTATION Right of Way&Easement Water Capital Acquisition of MNDOT Excess Right-of-Way 6542 249,427 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR ending 3.30.18 6523 242,284 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR ending 3.16.18 6540 170,055 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 03.16.18 6525 169,697 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 03.02.18 1019580 92,657 XCEL ENERGY Electric Forest Hills Park 259431 86,546 MEYER CONTRACTING,INC Improvement Contracts WEST 70TH ST.EXTENSION 1019433 76,645 XCEL ENERGY Electric Street Lighting 1019558 59,907 CENTERPOINT ENERGY Gas Wastewater Lift Station 6527 57,712 US BANK Other Revenue Stormwater Collection 259422 54,105 LANO EQUIPMENT INC Machinery&Equipment Fleet-Public Works 259652 47,500 PATCHIN MESSNER DODD&BRUMM Other Contracted Services Improvement Projects 2006 1019520 47,395 SRF CONSULTING GROUP INC Design&Engineering Engineering 1019468 45,327 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Rehab 1019418 44,108 LOGIS LOGIS IT Operating 259528 41,097 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 259417 38,319 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 259574 36,358 ULTIMATE SOFTWARE GROUP,THE Ultimate(prey.Ceridian) IT Operating 1019527 35,930 XCEL ENERGY Electric Water Supply(Wells) 259741 35,571 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 259627 35,493 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 259641 31,885 MINNESOTA DEPT OF HEALTH Licenses,Taxes,Fees Utility Operations-General 259592 31,360 BLUE WATER SCIENCE OCS-Studies Stormwater Non-Capital 259401 28,618 FORD OF HIBBING Autos Fleet-Police 259411 27,504 HENNPIN COUNTY RESTITUTION Reimbursement-attorney review Escrow 1019575 27,478 SRF CONSULTING GROUP INC Design&Engineering EP Rd Connect to Flying Cloud 1019462 27,356 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 6524 26,229 EMPOWER Deferred Compensation Health and Benefits 1019560 25,770 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie Village Liquor Store 259478 25,519 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center-CAM 6544 25,396 EMPOWER Deferred Compensation Health and Benefits 259785 21,610 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 259557 21,155 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 259662 20,709 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 1019471 19,270 LOGIS LOGIS IT Operating 6543 19,213 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 6521 19,148 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 6536 18,446 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 259511 17,991 FIRE SAFETY USA INC Equipment Parts Emergency Preparedness 259561 17,957 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 259630 17,830 LANDMARK REMODELING LLC Other Contracted Services Rehab 259638 17,796 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 1019442 16,614 GREENSIDE INC Contract Svcs-Snow Removal City Center-CAM 259526 16,464 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 259637 15,905 MACQUEEN EQUIPMENT INC Equipment Repair&Maint Wasterwater Collection 259459 15,834 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 259671 15,675 WATCHGUARD VIDEO Software Maintenance IT Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 6548 14,799 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 259595 14,676 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 259775 14,336 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 259372 13,999 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Den Road Liquor Store 259774 13,656 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 259487 13,417 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Den Road Liquor Store 6546 13,186 RADIANT SYSTEMS Bank and Service Charges Prairie View Liquor Store 1019495 12,451 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 259626 12,425 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 6532 12,382 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission 259688 12,312 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 259439 12,185 NAC Other Contracted Services Ice Arena Maintenance 259674 12,075 VIDEOTRONIX INC Equipment Repair&Maint Public Safety Communications 1019510 12,074 HANSEN THORP PELLINEN OLSON Design&Engineering Capital Maint.&Reinvestment 259369 11,969 BOLTON&MENK INC Design&Engineering Improvement Projects 2006 259740 11,569 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 6516 11,234 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission 259594 11,112 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 259734 11,103 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Fire 259371 10,546 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 6550 10,514 SELECT ACCOUNT HSA-Employer Health and Benefits 259416 10,488 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 259692 10,303 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 6528 10,297 SELECT ACCOUNT HSA-Employer Health and Benefits 259687 10,246 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie Village Liquor Store 259654 10,186 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 259447 9,806 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 259468 9,803 VELOCITY STREETWEAR INC Repair&Maint.Supplies Fire 259488 9,699 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 259467 9,632 VALLEY RICH CO INC Equipment Repair&Maint Water Distribution 259596 9,563 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 259587 9,442 AMERICAN WATER WORKS ASSOCIATION Dues&Subscriptions Utility Operations-General 259777 9,125 PROP Other Contracted Services Housing and Community Service 259496 9,000 CLIFTONLARSONALLEN LLP Audit&Financial Finance 259513 8,839 GRAYMONT Treatment Chemicals Water Treatment 259726 8,816 GRAYMONT Treatment Chemicals Water Treatment 259773 8,795 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 259469 8,731 VERIZON WIRELESS Other Contracted Services IT Operating 1019454 8,710 ADVANCED ENGINEERING&ENVIRONMENTAL SE Process Control Services Water Capital 1019457 8,651 A-SCAPE INC Contract Svcs-Snow Removal Den Bldg.-CAM 259491 8,504 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 259374 8,443 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 259618 8,352 GYM WORKS Equipment Repair&Maint Fitness Center 259793 8,325 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Softball 259560 8,250 SOCCER SHOTS Instructor Service Preschool Events 1019411 7,993 CENTERPOINT ENERGY Gas Den Road Liquor Store 1019568 7,701 METRO SALES INCORPORATED* Equipment Rentals IT Operating 1019400 7,615 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 259445 6,990 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 259515 6,726 H&L MESABI Equipment Parts Fleet Operating 1019425 6,334 ST CROIX ENVIRONMENTAL INC Design&Engineering Water Supply(Wells) 259778 6,282 PROP Refunds CDBG-Public Service 259505 5,710 DSO ARCHITECTURE INC Other Contracted Services Capital Maint.&Reinvestment Check# Amount Supplier/Explanation Account Description Business Unit Comments 259576 5,601 VALLEY RICH CO INC Equipment Repair&Maint Water Distribution 259550 5,543 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1019453 5,403 WSB&ASSOCIATES INC Design&Engineering Park Acquisition&Development 259483 5,220 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 6539 5,055 SELECT ACCOUNT HRA Health and Benefits 259415 4,868 ISD 272 Building Rental Winter Theatre 259762 4,749 NAC Contract Svcs-HVAC Den Bldg.-CAM 6534 4,677 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 259506 4,670 DYNAMIC IMAGING SYSTEMS INC Software Maintenance IT Operating 1019451 4,606 VAN PAPER COMPANY Cleaning Supplies Senior Center 259616 4,602 GRAYMONT Treatment Chemicals Water Treatment 259746 4,548 LEGACY GYMNASTICS Instructor Service Lesson Skills Development 1019559 4,473 COMPRESSED AIR CONCEPTS LLLC Supplies-General Bldg Fire Station#2 259588 4,393 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 259405 4,386 GRAYMONT Treatment Chemicals Water Treatment 259399 4,193 FIRST MINNETONKA CITY BANK Deposits 494 Corridor Commission 259549 4,190 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 1019469 4,147 INTERSTATE POWER SYSTEMS INC Repair&Maint.Supplies Water Supply(Wells) 259510 4,100 EXPRESSIVE! Training Supplies Organizational Services 259402 4,051 FOTH INFRASTRUCTURE&ENVIRONMENT LLC Other Contracted Services Recycle Rebate 259709 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund 259362 3,952 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 259499 3,910 COPPERHEAD INNOVATIONS Small Tools Water Distribution 259713 3,856 DPC INDUSTRIES INC Laboratory Chemicals Water Treatment 259786 3,800 SPRINT Deposits Escrow 259721 3,727 FIRE SAFETY USA INC Capital Under$25,000 Fire 1019512 3,715 ITRON INC. Maintenance Contracts Water Metering 259457 3,618 SIGNSOURCE Signs Park Acquisition&Development 259413 3,538 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Conservation 259552 3,480 POLLARD WATER Small Tools Water Distribution 1019459 3,440 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 259675 3,390 M-R SIGN CO INC Signs Traffic Signs 259400 3,389 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 1019555 3,342 ADVANCED ENGINEERING&ENVIRONMENTAL SE Process Control Services Wastewater Capital 259798 3,311 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1019549 3,261 VAN PAPER COMPANY Cleaning Supplies Senior Center 1019522 3,236 TOWMASTER INC Equipment Parts Fleet Operating 259436 3,200 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 1019458 3,177 ASPEN WASTE SYSTEMS INC. Waste Disposal Maintenance Facility 259376 3,137 CENTURYLINK Fiber Lease Payments City Center-CAM 259797 3,095 VIDEOTRONIX INC Equipment Repair&Maint Public Safety Communications 259516 3,083 HALDEMANN HOMME INC Supplies-General Bldg Police(City Cost) 259573 3,014 TYLER TECHNOLOGIES INC Hardware-R&M IT Capital 259430 3,000 MESSERLI&KRAMER Deposits 494 Corridor Commission 1019576 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply(Wells) 1019409 2,980 2ND WIND EXERCISE Training Supplies Police 1019565 2,945 INTERSTATE POWER SYSTEMS INC Repair&Maint.Supplies Water Treatment 259358 2,921 ABM EQUIPMENT AND SUPPLY COMPANY Equipment Repair&Maint Fleet Operating 259423 2,810 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 259407 2,804 H&L MESABI Equipment Parts Fleet Operating 259670 2,770 VIDEOTRONIX INC Contract Svcs-Security City Hall(City Cost) 1019429 2,755 WALL TRENDS INC Contract Svcs-General Bldg Garden Room Repairs 259521 2,711 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 259653 2,706 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 6545 2,698 AMERICAN EXPRESS Bank and Service Charges Prairie View Liquor Store 259578 2,675 WELSH COMPANIES Other Contracted Services Police(City Cost) 259680 2,645 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 259579 2,619 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 259553 2,616 PRINT SOURCE MINNESOTA Advertising Prairie Village Liquor Store 259373 2,610 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Sfty Maintenance Facility 6530 2,580 SELECT ACCOUNT FSA-Dependent Care Health and Benefits 1019557 2,568 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1019504 2,518 WENCK ASSOCIATES INC OCS-Studies Stormwater Non-Capital 1019502 2,517 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 259655 2,500 PRINT SOURCE MINNESOTA Advertising Prairie Village Liquor Store 1019505 2,499 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1019445 2,434 MPX GROUP,THE Printing Senior Center Admin 259684 2,429 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 259495 2,417 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 259722 2,405 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 1019513 2,363 LANDS END CORPORATE SALES Clothing&Uniforms Police 6549 2,292 SELECT ACCOUNT FSA-Dependent Care Health and Benefits 1019440 2,288 DAILEY DATA&ASSOCIATES Capital Under$25,000 Prairie Village Liquor Store 259657 2,280 RAINBOW TREECARE Other Contracted Services Tree Removal 259672 2,252 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 259470 2,240 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1019526 2,191 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 259535 2,176 MACQUEEN EQUIPMENT INC Equipment Parts Wasterwater Collection 259735 2,151 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 259481 2,133 AMERICAN PRESSURE INC Equipment Repair&Maint Utility Operations-General 1019404 2,067 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 259437 2,065 MINTAHOE INC Operating Supplies Wine Club/Events 6529 2,058 SELECT ACCOUNT FSA-Dependent Care Health and Benefits 1019521 2,043 STREICHERS Clothing&Uniforms Police 1019465 2,037 GENUINE PARTS COMPANY Repair&Maint.Supplies Fleet Operating 259522 2,004 HOLLMAN INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 259517 2,000 HENNEPIN COUNTY Refunds CDBG-Public Service 259744 2,000 KMK SERVICES Other Contracted Services Pool Lessons 259484 1,935 ARVIG Fiber Lease Payments IT Operating 259753 1,900 MEDICINE LAKE TOURS Special Event Fees Trips 259461 1,892 STATE OF MINNESOTA Autos Fleet-Police 259412 1,853 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 259624 1,829 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 259532 1,790 LEAGUE OF MINNESOTA CITIES Dues&Subscriptions Stormwater Non-Capital 259514 1,789 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 1019551 1,725 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 6520 1,725 SELECT ACCOUNT FSA-Dependent Care Health and Benefits 259530 1,721 KORTERRA,INC OCS-Utility Locates Utility Operations-General 259597 1,715 CAT EYE DESIGN Other Contracted Services Heritage Preservation 259764 1,705 NORTHSTAR LACROSSE CO Clothing&Uniforms Fire 259669 1,685 VESSCO INC Equipment Parts Water Treatment 259686 1,675 BLOOMINGTON,CITY OF Kennel Services Animal Control 259383 1,671 CORPORATE TECHNOLOGIES Deposits 494 Corridor Commission 1019410 1,664 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1019426 1,657 STREICHERS Clothing&Uniforms Police 1019540 1,656 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 Check# Amount Supplier/Explanation Account Description Business Unit Comments 1019581 1,543 ZIEGLER INC Equipment Parts Fleet Operating 1019499 1,540 STONEBROOKE Autos Fleet Operating 259536 1,537 MARCO INC Other Hardware IT Capital 259796 1,511 VESSCO INC Equipment Parts Water Treatment 1019536 1,500 CUSTOM HOSE TECH Small Tools Fleet Operating 259620 1,484 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 259707 1,472 CORE&MAIN Equipment Parts Water Distribution 1019420 1,441 METRO SALES INCORPORATED* Other Rentals 494 Corridor Commission 1019395 1,423 CLAREY'S SAFETY EQUIPMENT Clothing&Uniforms Utility Operations-General 259617 1,394 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions 1019579 1,373 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 1019444 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Center-CAM 259772 1,319 PAUSTIS&SONS COMPANY Liquor Product Received Prairie Village Liquor Store 259501 1,300 D H EXCAVATING Burial&Marker Fees Pleasant Hill Cemetery 259556 1,300 REACH Capital Under$25,000 Concessions 259613 1,300 FBI-LEEDA Tuition Reimbursement/School Police 259694 1,300 CENTURYLINK Telephone IT Operating 259486 1,275 BEYOND IMPACT Other Contracted Services IT Capital 259720 1,270 EXTRACTOR CORPORATION Supplies-Pool Pool Maintenance 6531 1,268 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits 259398 1,224 FIRE SAFETY USA INC Equipment Repair&Maint Fleet Operating 259471 1,220 YORKTOWN OFFICES Deposits 494 Corridor Commission 6526 1,190 SELECT ACCOUNT Other Contracted Services Health and Benefits 259584 1,174 ACTION FLEET INC Autos Fleet-Fire 259524 1,168 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 259406 1,154 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 1019509 1,118 GRAINGER Supplies-General Bldg Pool Maintenance 259368 1,117 BOARD OF WATER&SOIL RESOURCES Licenses,Taxes,Fees Stormwater Non-Capital 259715 1,115 EATON CORPORATION Equipment Repair&Maint Public Safety Communications 259590 1,111 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 259454 1,092 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store 1019570 1,086 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 1019467 1,079 GRANICUS INC Equipment Repair&Maint Cable PEG 1019496 1,073 HACH COMPANY Laboratory Chemicals Water Treatment 1019483 1,056 VISTAR CORPORATION Merchandise for Resale Concessions 259480 1,050 ACME AWNING COMPANY Other Contracted Services Rehab 259730 1,050 HEALTHPARTNERS Employment Support Test Fire 259765 1,044 ORGANIX SOLUTIONS Waste Disposal City Hall(City Cost) 259683 1,032 BECKER ARENA PRODUCTS INC Repair&Maint-Ice Rink Ice Arena Maintenance 259523 1,022 HP INC Computers IT Operating 1019572 1,016 PRAIRIE ELECTRIC COMPANY Contract Svcs-HVAC Public Safety Communications 259485 960 BERNICK'S WINE Liquor Product Received Prairie Village Liquor Store 1019552 959 WICKSTROM,SHERRY BUTCHER Travel Expense City Council 259572 955 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions 259380 939 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1019554 921 WSB&ASSOCIATES INC Design&Engineering Improvement Projects 2006 259364 911 AT YOUTH PROGRAMS LLC Instructor Service Tennis 259397 909 FASTSIGNS Printing Theatre Initiative 259658 906 RED WING SHOE STORE Clothing&Uniforms Street Maintenance 259634 902 LUBE-TECH ESI Equipment Testing/Cert. Fleet Operating 1019477 893 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical City Hall(City Cost) 1019566 892 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 1019525 892 WATSON CO INC,THE Merchandise for Resale Concessions Check# Amount Supplier/Explanation Account Description Business Unit Comments 1019441 887 FASTENAL COMPANY Equipment Parts Fleet Operating 259589 886 BEACON ATHLETICS Operating Supplies Park Maintenance 259569 876 TKO WINES,INC Liquor Product Received Den Road Liquor Store 1019452 861 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1019461 857 CDW GOVERNMENT INC. Computers IT Operating 259426 849 LOMPIAN WINES LLC Liquor Product Received Den Road Liquor Store 259769 847 PARK NICOLLET CLINIC Health&Fitness Fire 259784 841 SNAP-ON TOOLS Small Tools Fleet Operating 259366 803 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 259739 800 IRON MALTESE ATHLETICS Training Supply-Weekly Fire 1019531 761 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 1019431 760 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 259360 760 AIRGAS USA LLC Supplies-Pool Pool Maintenance 1019388 758 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fire Station#1 259410 755 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 259664 754 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 1019460 754 BIFFS INC Waste Disposal Park Maintenance 1019486 747 XCEL ENERGY Electric Flying Cloud Off Leash Park 1019563 744 GINA MARIAS INC Operating Supplies Fire 259527 743 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 259723 739 GARELICK STEEL CO INC Equipment Parts Fleet Operating 259529 736 KENDELL DOORS&HARDWARE INC Supplies-Security City Hall(City Cost) 1019535 732 CASE,RON Travel Expense City Council 1019415 715 JANEX INC Janitor Service Fitness/Conference-Cmty Ctr 1019484 715 WATSON CO INC,THE Merchandise for Resale Concessions 1019405 702 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1019456 694 ASCAP Licenses,Taxes,Fees Arts 259456 690 SIGNSOURCE Office Supplies City Council 259791 676 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 259453 675 ROOT 0 MATIC Equipment Repair&Maint Wasterwater Collection 259600 669 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 259403 664 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Bldg Arts Center 1019503 662 VINOCOPIA Liquor Product Received Prairie View Liquor Store 259546 657 NAC Contract Svcs-HVAC Ice Arena Maintenance 259782 651 SIGNSOURCE Operating Supplies Gymnasium(CC) 259462 650 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1019450 647 STONEBROOKE Equipment Repair&Maint Fleet Operating 1019406 644 WEBER,GREG Conference/Training Police 1019508 643 FORCE AMERICA Equipment Parts Fleet Operating 259690 640 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Pool Maintenance 1019414 630 IDEAL SERVICE INC Repair&Maint.Supplies Water Treatment 259580 626 WORKS COMPUTING INC Hardware-R&M IT Operating 259568 622 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 259464 621 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions 259743 620 KEEPSAKE CIDERY LLP Liquor Product Received Den Road Liquor Store 259718 620 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet-Police 1019408 602 YOUNGSTEDTS COLLISION CENTER Equipment Parts Fleet Operating 259636 600 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 259586 600 AMAZING ATHLETES OF SOUTHWEST METRO Instructor Service Preschool Events 1019564 593 GRAINGER Cleaning Supplies Water Treatment 1019518 592 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs-Roof Fitness/Conference-Cmty Ctr 259691 580 BRYAN ROCK PRODUCTS INC Gravel Water Distribution 259554 575 QUALITY REFRIGERATION Repair&Maint.Supplies Concessions Check# Amount Supplier/Explanation Account Description Business Unit Comments 259388 561 DODGE OF BURNSVILLE Equipment Repair&Maint Fleet Operating 259377 561 CENTURYLINK Internet IT Operating 259628 555 KAISER,DAVID S Equipment Repair&Maint Fitness Center 1019500 543 THE OASIS GROUP Employee Assistance Organizational Services 1019561 533 FACTORY MOTOR PARTS COMPANY Lubricants&Additives Fleet Operating 259420 512 KENDELL DOORS&HARDWARE INC Supplies-Security City Center-CAM 259685 504 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 6551 503 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 259390 502 E A SWEEN COMPANY Merchandise for Resale Concessions 259375 500 CAT EYE DESIGN Other Contracted Services Heritage Preservation 259473 500 CITY OF EDEN PRAIRIE Miscellaneous Den Road Liquor Store 259679 499 APPLIANCE OUTLET CENTER Supplies-General Bldg Park Shelters 1019523 498 TRANE U.S.INC Supplies-HVAC Fire Station#1 1019472 495 MENARDS Repair&Maint.Supplies Park Maintenance 259663 487 STAPLES ADVANTAGE Office Supplies Fitness/Conference-Cmty Ctr 1019517 487 METROPOLITAN AIRPORTS COMMISSION Other Rentals Park Maintenance 1019476 486 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 1019439 484 CUSTOM HOSE TECH Equipment Parts Fleet Operating 259766 481 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 259551 481 PITNEY BOWES Postage Customer Service 259357 476 PETTY CASH-POLICE DEPT Office Supplies Police 259421 476 KENT MEGHAN Clothing&Uniforms Winter Theatre 259737 475 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1019567 474 MENARDS Capital Under$25,000 Street Maintenance 1019569 474 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment 6522 468 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 6541 468 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 1019430 461 WATSON CO INC,THE Merchandise for Resale Concessions 259382 460 CORE&MAIN Repair&Maint.Supplies Wasterwater Collection 1019455 455 AMERITRAK Other Contracted Services Snow&Ice Control 259359 454 ACCOUNTEMPS Deposits 494 Corridor Commission 1019392 452 BERRY COFFEE COMPANY Merchandise for Resale Concessions 1019537 446 FASTENAL COMPANY Equipment Parts Fleet Operating 259755 446 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Prairie Village Liquor Store 1019470 437 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 1019423 436 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Fitness/Conference-Cmty Ctr 259500 434 CRYSTEEL TRUCK EQUIPMENT Equipment Parts Fleet Operating 259768 425 PAPER ROLL PRODUCTS Printers-Accessories IT Operating 259404 421 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 259389 420 DOMACE VINO Liquor Product Received Den Road Liquor Store 259562 414 SOUTHWEST NEWS MEDIA Printing City Clerk 1019473 406 METRO SALES INCORPORATED* Equipment Rentals IT Operating 259750 405 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 259696 404 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 259640 400 MILL CITY METAL WORKS Equipment Repair&Maint Water Distribution 259665 400 STRUCK ADAM P&R Refunds Community Center Admin 259533 398 LUBE-TECH&PARTNERS LLC Lubricants&Additives Fleet Operating 259394 395 EDINA CHAMBER OF COMMERCE Deposits 494 Corridor Commission 1019487 394 ZIEGLER INC Equipment Parts Fleet Operating 1019464 393 ENVIRONMENTAL PROCESS INC Contract Svcs-Ice Rink Ice Arena Maintenance 259425 393 LIONS GATE MARKETING Operating Supplies Fitness Center 259414 392 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 259776 390 PRINT SOURCE MINNESOTA Printing Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 259452 389 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 259693 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 1019491 384 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance 259460 379 SPEEDPRO IMAGING INC Operating Supplies Ice Operations 259623 379 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1019519 379 REINDERS INC Chemicals Park Maintenance 259544 376 MRA-THE MANAGEMENT ASSOCIATION Other Contracted Services Organizational Services 6535 375 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 259512 375 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 259727 370 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 259395 369 EMI AUDIO Operating Supplies Ice Operations 259659 369 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 259731 365 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Equipment Repair&Maint Public Safety Communications 1019532 360 BATTERIES PLUS Equipment Repair&Maint Public Safety Communications 259396 360 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store 259745 353 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Police(City Cost) 259525 350 ITERIS INC Other Contracted Services Snow&Ice Control 1019416 350 JEFFERSON FIRE&SAFETY INC Operating Supplies-Station sup Fire 259708 350 DEALER AUTOMOTIVE SERVICES INC Autos Fleet-Police 259507 349 E A SWEEN COMPANY Merchandise for Resale Concessions 1019399 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 259644 345 MINNESOTA POLLUTION CONTROL AGENCY Licenses,Taxes,Fees Water Treatment 1019514 344 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 259760 337 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 259472 329 ACTIVE 911 INC Software IT Operating 1019501 329 TOLL GAS AND WELDING SUPPLY Equipment Parts Wasterwater Collection 259712 328 DOMACE VINO Liquor Product Received Den Road Liquor Store 259660 326 SIGNSOURCE Operating Supplies Community Center Admin 259503 322 DONLIE UNDERGROUND Outside Water Sales Escrow 1019533 321 BERRY COFFEE COMPANY Merchandise for Resale Concessions 259733 319 HENNEPIN COUNTY UT DEPT Equipment Repair&Maint Public Safety Communications 1019516 319 METRO SALES INCORPORATED* Equipment Rentals IT Operating 259542 315 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 1019507 312 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 259593 309 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 259489 308 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Fitness/Conference-Cmty Ctr 259591 307 BLOOMINGTON SECURITY SOLUTIONS Supplies-Security Ice Arena Maintenance 259633 306 LORENZ,JOYCE Awards Communications 259717 300 EHLERS&ASSOCIATES INC Other Contracted Services TIF-Heights at Valley View 259759 299 MN DEPT OF TRANSPORTATION Equipment Repair&Maint Traffic Signals 6538 297 US BANK-PAYMODE Bank and Service Charges Finance 259490 293 BRYAN ROCK PRODUCTS INC Gravel Water Distribution 259761 290 MUEHLBAUER,THOMAS G Other Contracted Services Community Band 259367 286 BLOOMINGTON SECURITY SOLUTIONS Repair&Maint.Supplies Water Supply(Wells) 1019497 285 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Operating 1019447 279 QUALITY PROPANE Equipment Parts Fleet Operating 259427 279 LUBE TECH LIQUID RECYCLING Equipment Repair&Maint Fleet Operating 1019421 273 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 259714 271 E A SWEEN COMPANY Merchandise for Resale Concessions 1019438 270 CMI INC Miscellaneous DWI Forfeiture 259607 269 DELEGARD TOOL CO Small Tools Fleet Operating 259749 268 LUBE-TECH&PARTNERS LLC Lubricants&Additives Fleet Operating 259563 266 STAPLES ADVANTAGE Office Supplies Fitness/Conference-Cmty Ctr Check# Amount Supplier/Explanation Account Description Business Unit Comments 259794 264 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1019389 261 ALBERT,MICHAEL Mileage&Parking Water Treatment 1019419 255 MENARDS Operating Supplies Water Treatment 259575 255 UNIVERSITY OF MINNESOTA Conference/Training Street Maintenance 1019432 255 WM MUELLER AND SONS INC Gravel Water Distribution 259603 252 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 1019398 251 FASTENAL COMPANY Operating Supplies Fleet Operating 259419 250 KEEPRS INC. Clothing&Uniforms Police 1019529 250 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Utility Operations-General 259656 248 PROP-DO NOT USE Charitable Contributions Health and Benefits 1019479 247 SHI CORP Software IT Operating 1019493 246 FASTENAL COMPANY Operating Supplies Fleet Operating 259492 245 CENTURYLINK Telephone IT Operating 259716 245 EDEN PRAIRIE NOON ROTARY CLUB Dues&Subscriptions Housing and Community Service 259710 244 DISCOUNT STEEL INC Equipment Parts Fleet Operating 1019490 242 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 1019402 242 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 259498 240 CONTINENTAL SAFETY EQUIPMENT Repair&Maint-Ice Rink Ice Arena Maintenance 1019463 237 ECM PUBLISHERS INC Advertising Community Center Admin 1019541 231 METROPOLITAN FORD Equipment Parts Fleet Operating 259555 230 RDO EQUIPMENT CO Operating Supplies Tree Disease 259387 229 DIRECTV Cable TV Community Center Admin 1019485 228 WINE COMPANY,THE Liquor Product Received Prairie Village Liquor Store 1019413 227 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 6518 227 VANCO SERVICES Bank and Service Charges Wastewater Accounting 1019498 226 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 259479 225 ACCELERATED TECHNOLOGIES LLC Operating Supplies Pool Operations 259577 225 VISUAL COMMUNICATIONS Design&Engineering Economic Development Fund 259763 225 NASRO Tuition Reimbursement/School Police 1019550 224 VANDENBERGHE,MARK Travel Expense Public Safety Communications 259725 221 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 1019396 219 DALBEC,CORY Mileage&Parking Water Treatment 259370 219 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 259494 219 CINTAS Operating Supplies Park Maintenance 259598 219 CINTAS Operating Supplies Park Maintenance 259424 216 LIFELINE INC EMS Supplies-EMS Supplies Fire 259632 216 LOMPIAN WINES LLC Liquor Product Received Den Road Liquor Store 1019424 211 SPRINT Deposits 494 Corridor Commission 259622 210 HOPKINS POLICE DEPARTMENT Tuition Reimbursement/School Police 1019475 207 NORTH CENTRAL LABORATORIES Lab Supplies Water Treatment 259729 205 GYM WORKS Equipment Repair&Maint Fitness Center 259747 205 LEIFELD FRAMING Operating Supplies Reserves 259752 205 MATTS AUTO SERVICE INC Equipment Repair&Maint Fleet Operating 259701 203 COMCAST Cable TV Fire 1019390 202 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 259621 202 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Facilities Staff 259581 200 XIGENT SOLUTIONS LLC Other Contracted Services IT Capital 259582 200 XTREME INTEGRATION Hardware-Cabling IT Operating 1019571 199 PIONEER RIM&WHEEL CO Equipment Parts Fleet Operating 1019478 198 PREMIUM WATERS INC Operating Supplies-Water Fire 1019437 197 BERRY COFFEE COMPANY Merchandise for Resale Concessions 6519 197 OPIUM HEALTH Other Contracted Services Health and Benefits 259788 192 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 1019528 192 ZIEGLER INC Equipment Parts Water Distribution 259604 191 CRYSTEEL TRUCK EQUIPMENT Equipment Parts Fleet Operating 259539 190 MINNE HA HA MAGAZINE LLC Other Contracted Services Special Initiatives 259497 190 COMCAST Internet IT Operating 259455 188 SCHERER BROTHERS LUMBER CO Building Materials Park Maintenance 259647 188 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1019545 183 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1019436 182 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store 259477 180 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1019511 178 HD SUPPLY FACILITIES MAINTENANCE Supplies-HVAC Water Treatment 1019515 176 MENARDS Small Tools Park Maintenance 1019417 176 LEROY JOB TRUCKING INC Other Contracted Services Animal Control 1019412 171 GRAINGER Supplies-General Bldg Water Metering 259612 170 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 259438 169 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 259534 165 LUBE-TECH ESI Equipment Repair&Maint Fleet Operating 259783 164 SILVER STAR INDUSTRIES Autos Fleet-Police 1019548 163 TOLL GAS AND WELDING SUPPLY Operating Supplies Fleet Operating 259615 162 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 259748 161 LIONS GATE MARKETING Operating Supplies Fitness Classes 259676 160 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 259682 160 BARTLEY SALES COMPANY INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 259719 160 EXPRESSIVE! Training Supplies Organizational Services 259465 160 UNIVERSAL ATHLETIC SERVICES INC Awards Volleyball 259703 156 COMCAST Equipment Repair&Maint E-911 Program 259393 155 EDEN PRAIRIE FOUNDATION Miscellaneous City Council 1019556 154 ASPEN EQUIPMENT CO. Equipment Parts Fleet Operating 1019546 153 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 259779 153 RIFFLAND SOLUTIONS Deposits Escrow 1019427 152 ULINE Office Supplies Police 1019494 150 FICCADENTI,JENNY Canine Supplies Police 259391 150 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Economic Development 1019482 150 USA SECURITY Maintenance Contracts Water Treatment 259509 150 ENKI BREWING COMPANY INC Liquor Product Received Prairie View Liquor Store 259668 150 UNIVERSAL ATHLETIC SERVICES INC Awards Broomball 259599 145 CINTAS CORPORATION Safety Supplies Community Center Admin 259448 144 PK BLOODY MARY CORP Liquor Product Received Den Road Liquor Store 1019480 143 STERICYCLE INC Other Contracted Services Police 259673 142 OFFICE OF MN IT SERVICES Other Contracted Services Police 1019492 141 CUSTOM HOSE TECH Equipment Parts Fleet Operating 259476 140 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1019488 139 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 259711 137 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 259571 136 TRI-CITY/WILLIAM LLOYD ANALYTICAL Lab Supplies Water Treatment 259428 135 MADISON,MELISSA Deposits 494 Corridor Commission 259677 135 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 6547 134 OPTUM HEALTH Other Contracted Services Health and Benefits 259787 129 STAPLES ADVANTAGE Office Supplies Customer Service 259649 128 NATIONAL PEN CORPORATION Miscellaneous Police 259361 127 ALTEC INDUSTRIES INC Landscape Materials/Supp Street Maintenance 259728 126 GROTH MUSIC Operating Supplies Community Band 259789 125 SUSA TREASURER Dues&Subscriptions Utility Operations-General 259651 121 PARK NICOLLET CLINIC Employment Support Test Organizational Services Check# Amount Supplier/Explanation Account Description Business Unit Comments 259795 120 VERIZON WIRELESS Telephone E-911 Program 259474 120 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1019446 120 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 1019506 120 BOBBY&STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair&Maint Police 259570 119 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police 259443 119 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 259444 115 PAPCO INC Janitor Service Fitness/Conference-Cmty Ctr 259635 115 LUEBKE TANNER Clothing&Uniforms Utility Operations-General 259704 112 COMCAST Cable TV Fire 6517 110 MONEY MOVERS INC Other Contracted Services Community Center Admin 1019401 110 METROPOLITAN FORD Equipment Repair&Maint Fleet Operating 259418 108 KAISER,DAVID S Operating Supplies Gymnasium(CC) 259667 108 UNITED WAY Charitable Contributions Health and Benefits 259446 106 PETSMART Canine Supplies Police 1019434 106 ZIEGLER INC Equipment Parts Fleet Operating 259381 105 COMCAST Deposits 494 Corridor Commission 259429 104 MEREDITH KATE Deposits 494 Corridor Commission 1019578 103 US HEALTH WORKS MEDICAL GRP MN,PC Employment Support Test Organizational Services 1019443 101 HYNEK,EVAN Clothing&Uniforms Police 259699 100 COMCAST Cable TV Fire 259537 100 MAY,JANE Rebates Water Conservation 259547 100 NICHOLS ANITA Rebates Water Conservation 259548 100 PANCHOLI PARAG Rebates Water Conservation 259559 100 SCW WIM INC Licenses,Taxes,Fees Fitness Classes 259566 100 STEAN JOEL Rebates Water Conservation 259643 100 MINNESOTA DEPT OF LABOR AND INDUSTRY Contract Svcs-Elevator Fitness/Conference-Cmty Ctr 259695 100 CHASTAIN STEPHANIE Rebates Water Conservation 259724 100 GAWA,NAMGYAL Rebates Water Conservation 259732 100 HENNEPIN COUNTY FIRE CHIEF ASSOCIATION Dues&Sub-Memberships Fire 259767 100 PANKOW LISA Rebates Water Conservation 259790 100 SWENDSEID WADE Rebates Water Conservation 259799 100 WINTER NATHAN Rebates Water Conservation 1019542 99 MILLARD,CHRIS Travel Expense Police 1019553 99 WOOD,CHRIS Travel Expense Police 259678 98 ACROSS THE STREET PRODUCTIONS Dues&Sub-Cert&Licensing Fire 259433 96 MINNESOTA DEPT OF HEALTH Licenses,Taxes,Fees Water Treatment 1019435 95 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fire Station#4 259365 95 BECKER ARENA PRODUCTS INC Operating Supplies Ice Operations 1019448 94 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 259520 93 HENNEPIN COUNTY RESIDENT&REAL ESTATE Software Maintenance IT Operating 259648 85 MTUG Dues&Subscriptions Public Safety Communications 1019397 85 FADDEN,TIMOTHY Conference/Training Inspections-Administration 259482 83 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 1019539 83 FIETEK,CHRIS Travel Expense Fire 1019422 82 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 259558 80 RIZZO CHLOE Operating Supplies Arts Center 259781 80 SHRED RIGHT Waste Disposal City Hall(City Cost) 259466 79 US BANK EQUIPMENT FINANCE Deposits 494 Corridor Commission 1019394 79 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 259608 78 DIRECTV Other Contracted Services Police 1019538 77 FICCADENTI,JENNY Canine Supplies Police 259442 75 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Utility Operations-General 259689 75 BREZINA CURT Other Contracted Services Organizational Services Check# Amount Supplier/Explanation Account Description Business Unit Comments 259738 75 IPMA-HR MINNESOTA Conference/Training Human Resources 259771 75 PARSONS ZACHARY Other Contracted Services Organizational Services 259780 75 SCHMIDT JUSTIN Other Contracted Services Organizational Services 259614 72 FIRE SAFETY USA INC Equipment Parts Fleet Operating 259386 70 DAVID DROWN ASSOCIATES Conference/Training Finance 259449 70 PLEAA Licenses,Taxes,Fees Police 259629 70 KEEPRS INC. Clothing&Uniforms Reserves 259611 70 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 1019562 67 FILTRATION SYSTEMS Supplies-HVAC Den Bldg.-CAM 1019391 66 BATTERIES PLUS Repair&Maint.Supplies Emergency Preparedness 1019474 66 MOOD MEDIA Other Contracted Services Prairie Village Liquor Store 1019577 65 UPS Postage Planning 1019574 64 SPS COMPANIES Supplies-Plumbing City Center-CAM 1019547 64 SOPPELAND,LONNIE Operating Supplies Police 259583 64 440400-NCPERS MINNESOTA PERA Health and Benefits 259666 63 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 259518 61 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Waste Disposal Fleet Operating 1019449 60 SPOK,INC. Pager&Cell Phone IT Operating 259493 59 CHLORINATED WATER SUPPLY Outside Water Sales Escrow 259754 57 MIANO,MIKE Mileage&Parking Skating Rinks/Warming Houses 259631 56 LANO EQUIPMENT INC Equipment Parts Fleet Operating 1019544 55 PAPER DIRECT INC Miscellaneous Administration 1019403 54 SOPPELAND,LONNIE Operating Supplies Police 259601 53 COMCAST Internet IT Operating 259435 51 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 259519 51 HENNEPIN COUNTY VT DEPT Software Maintenance IT Operating 259392 50 EDEN PRAIRIE CHAMBER OF COMMERCE Deposits 494 Corridor Commission 259758 50 MINNESOTA FIRE SERVICE CERTIFICATION BOA Dues&Sub-Cert&Licensing Fire 259605 50 CUB FOODS EDEN PRAIRIE Operating Supplies Police 1019530 49 AJITAPRASAD,BEENA Mileage&Parking Community Center Admin 259681 49 ASPEN MILLS Clothing&Uniforms Police 1019481 47 UPS Postage Community Development Admin. 259619 46 HENNPIN COUNTY RESTITUTION Deposits Escrow 259502 45 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 259475 45 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 259705 44 COMCAST Cable TV Fire 6533 43 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture 259504 43 DREESEN JAMES Rebates Water Conservation 259610 42 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 259645 41 MINNESOTA TROPHIES&GIFTS Operating Supplies Reserves 259508 40 EDEN PRAIRIE NEWS Dues&Subscriptions Communications 259408 38 HAECHREL VICKY Deposits 494 Corridor Commission 259567 37 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 259770 37 PARK NICOLLET OPTICAL Safety Supplies Emergency Preparedness 259625 36 INTERTECH INC Contract Development IT Operating 259363 36 ASPEN MILLS Clothing&Uniforms Police 1019407 35 WEEDMAN,NICOLE Travel Expense Youth Programs Admin 259736 35 IEDITWEB INC Licenses,Taxes,Fees Garden Room Repairs 259742 35 JOHNSTONE SUPPLY Supplies-Plumbing City Center-CAM 259463 33 THIBAULT CLAIRE Deposits Escrow 1019543 33 MUNOZ,MEGAN Mileage&Parking Fitness Admin. 1019534 33 BOHNSACK,SUE Mileage&Parking Senior Center Admin 259458 33 SNAP-ON TOOLS Small Tools Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 259379 32 CLEAN N PRESS MTKA Clothing&Uniforms Police 1019393 32 BUCHANAN,KURT Mileage&Parking Fire 259606 30 DALCO Janitor Service City Center-CAM 259409 29 HALL TARESE Deposits Escrow 259384 28 CROP PRODUCTION SERVICES Chemicals Park Maintenance 259661 28 SNAP-ON TOOLS Small Tools Fleet Operating 259697 27 COMCAST Other Contracted Services Police 259698 27 COMCAST Cable TV Fire 259543 27 MOHS SHARON Rebates Water Conservation 259792 26 TALKPOINT TECHNOLOGIES INC Equipment Repair&Maint E-911 Program 259545 25 MUNICIPALS Dues&Subscriptions Human Resources 259434 23 MINNESOTA DEPT OF HEALTH Licenses,Taxes,Fees Water Treatment 259642 23 MINNESOTA DEPT OF HEALTH Licenses,Taxes,Fees Water Treatment 259757 23 MINNESOTA DEPT OF HEALTH Licenses,Taxes,Fees Water Treatment 1019466 23 GRAINGER Supplies-Electrical Park Shelters 259565 22 STATE OF MINNESOTA Licenses,Taxes,Fees Fleet Operating 259564 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 259378 20 CHRIS CASTLE INC Deposits 494 Corridor Commission 259585 19 ALTEC INDUSTRIES INC Landscape Materials/Supp Street Maintenance 6537 18 AMERICAN EXPRESS Bank and Service Charges Community Center Admin 1019489 18 BATTERIES PLUS Equipment Parts Water Treatment 259756 17 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 259700 16 COMCAST Cable TV Fire 259702 16 COMCAST Cable TV Fire 259440 16 NELSON,ROBIN Deposits 494 Corridor Commission 259432 16 MICHAEL KAVENEY AR Utility Water Enterprise Fund 259441 15 OFFICE OF MN IT SERVICES Other Contracted Services Police 1019524 14 UPS Postage Planning 1019573 14 QUICKSILVER EXPRESS COURIER Postage City Hall(City Cost) 1019428 14 UPS Postage Fleet Operating 259751 14 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 259451 13 PROP P&R Refunds Community Center Admin 259385 10 CULLIGAN BOTTLED WATER Deposits 494 Corridor Commission 259531 10 KUMAR DEVENDRA Rebates Water Conservation 259609 10 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous Economic Development 259646 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 259540 9 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 259706 7 COMCAST Cable TV Fire 259450 3 PRAIRIE LAWN AND GARDEN Repair&Maint.Supplies Wasterwater Collection 259602 2 COMCAST Other Contracted Services Police 4,217,930 Grand Total City of Eden Prairie Purchasing Card Payment Report 4/17/2018 Amount Explanation Vendor Account Description Business Unit 4,000 US-tv's BEST BUY Small Tools Public Safety Communications 2,645 US-licenses for summer musical MUSIC THEATRE INTERNATIONAL Licenses,Permits,Taxes,Fees Summer Theatre 2,226 US-vactor hose ENVIRONMENTAL PRODUCTS Equipment Parts Wasterwater Collection 1,604 US-wine glasses DISCOUNTMUGS.COM Operating Supplies Wine Club/Events 1,430 US-armory supplies GLOCK PROFESSIONAL INC Tuition Reimbursement/School Police 1,383 US-pruning tools TREESTUFF.COM Operating Supplies Park Maintenance 1,210 US-training FDIC Conference/Training Fire 1,195 US-certification MIDWAY VO-TECH Tuition Reimbursement/School Park Maintenance 948 US-tools for shop DEWALT FACTORY Small Tools Water Distribution 901 US-Jan 2018 Bldg Surchgs DEPT OF LABOR&INDUSTRY Building Surcharge General Fund 855 US-Cox training FDIC Conference/Training Fire 852 US-environmental giveaways LOQI LLC Capital Under$25,000 Stormwater Non-Capital 840 US-cordless tools DEWALT FACTORY Small Tools Water Distribution 819 US-lights for city hall VOSS LIGHTING Repair&Maint.Supplies City Center-CAM 800 US-tools DEWALT FACTORY Small Tools Water Distribution 731 US-supplies NORTH AMERICAN RESCUE EMS Supplies Fire 720 US-valentines catering DELI DOUBLE Special Event Fees Senior Center Programs 630 US-shade tree short course UNIVERSITY OF MINNESOTA Conference/Training Park Maintenance 619 US-wellness taco lunch RUSTY TACO Employee Award Organizational Services 600 US-IS-professional standards ON-TARGET SOLUTIONS GROUP Tuition Reimbursement/School Police 600 US-playground class-Jeff MRPA Conference/Training Park Maintenance 575 US-Pieczynski trng FDIC Conference/Training Fire 575 US-J anderson trng FDIC Conference/Training Fire 575 US-annual trng conf FBINAA Conference/Training Police 543 US-disney on ice TARGET CENTER Operating Supplies Special Events&Trips 539 US-Novak Krebs dues AMERICAN PLANNING ASSOCIATI(Dues&Subscriptions Planning 530 US-PSAP 911 conf registration MSA Tuition Reimbursement/School Police 530 US-training EVENTBRITE Conference/Training Fire 512 US-feb 2018 les mills SCW WIM INC Licenses,Permits,Taxes,Fees Fitness Classes 465 US-code training-Schmieg INTERNATIONAL CODE COUNCIL Conference/Training Inspections-Administration 419 US-FDIC training DELTA MR Travel Expense Fire 400 US-pressure washer hose NORTHERN TOOL&EQUIPMENT Repair&Maint.Supplies Water Treatment 385 US-supplies for medical bags i BOUND TREE MEDICAL LLC Safety Supplies Utility Operations-General 375 US-bca trng-Ibrahim BCA Tuition Reimbursement/School Police 375 US-bca trng-Starke BCA Tuition Reimbursement/School Police 375 US-bca trng-Devibiss BCA Tuition Reimbursement/School Police 375 US-bca trng S Williamson BCA Tuition Reimbursement/School Police 375 US-bca training-Barrie BCA Tuition Reimbursement/School Police 370 US-city academy 4IMPRINT Miscellaneous Administration 354 US-Durham dues AMERICAN PLANNING ASSOCIATI(Dues&Subscriptions Planning 353 US-gateway fees NCR SPECIALTY Bank and Service Charges Den Road Liquor Store 350 US-iape conf IAPE Tuition Reimbursement/School Police 349 US-subscription WUFOO Dues&Subscriptions Communications 343 US-parts B&F FASTENER SUPPLY CO Equipment Parts Water Distribution 326 US-can-am conf lodging-Steffen GRAND VIEW LODGE Tuition Reimbursement/School Police 326 US-Can-am conf lodging-Staaf GRAND VIEW LODGE Tuition Reimbursement/School Police Amount Explanation Vendor Account Description Business Unit 326 US-can-am conf lodging-Dupont GRAND VIEW LODGE Tuition Reimbursement/School Police 326 US-Can-am conf lodging-Naumann GRAND VIEW LODGE Tuition Reimbursement/School Police 310 US-code training-Kragness INTERNATIONAL CODE COUNCIL Conference/Training Inspections-Administration 310 US-code training-Undesser INTERNATIONAL CODE COUNCIL Conference/Training Inspections-Administration 310 US-code training-Enstad INTERNATIONAL CODE COUNCIL Conference/Training Inspections-Administration 310 US-code training-Otten INTERNATIONAL CODE COUNCIL Conference/Training Inspections-Administration 305 US-Jan 2018 Bldg Surchgs DEPT OF LABOR&INDUSTRY Mechanical Surcharge General Fund 303 US-council food QDOBA MEXICAN GRILL Miscellaneous City Council 300 US-bca trng C Wood BCA Tuition Reimbursement/School Police 298 US-Lindeman calibre press trng LIFELINE TRAINING LTD Tuition Reimbursement/School Police 298 US-calibre press training LIFELINE TRAINING LTD Tuition Reimbursement/School Police 298 US-flight DELTA AIR Travel Expense Fire 295 US-pager repair P&W SERVICE CENTER Equipment Repair&Maint Public Safety Communications 294 US-annual dues-Angie AMERICAN PLANNING ASSOCIATI(Dues&Subscriptions Planning 290 US-laminator AMAZON.COM Office Supplies Police 288 US-subscription renewal SURVEYMONKEY.COM Dues&Subscriptions Fire 285 US-fire conf ARROWWOOD RADISSON RESORT Conference/Training Fire 281 US-monthly billing fees NIMBLE SCHEDULE Other Contracted Services Community Center Admin 277 US-flight DELTA MR Travel Expense Fire 275 US-K Porta CC MN STATE COLLEGES&UNIVERSI'Deposits Escrow 270 US-deposit for old log OLD LOG THEATER Special Event Fees Trips 268 US-MNIAAI trng PAYPAL INC Tuition Reimbursement/School Police 268 US-MNIAA membership PAYPAL INC Conference/Training Fire 257 US-disney on ice FIRST STUDENT INC Transportation Special Events&Trips 250 US-BCA trng BCA Tuition Reimbursement/School Police 250 US-10 wood baseball bats-RL AMAZON.COM Operating Supplies Special Initiatives 250 US-isc west SUN COUNTRY Conference/Training Public Safety Communications 240 US-training-Kerns/Klempp MN STATE COLLEGES&UNIVERSI'Conference/Training Human Resources 236 US-wildfire trng ITASCA AREA COMMUNITY ED Conference/Training Tree Disease 235 US-BCA lodging GRAND VIEW LODGE Tuition Reimbursement/School Police 235 US-BCA lodging GRAND VIEW LODGE Tuition Reimbursement/School Police 233 US-critter food RODENT PRO Operating Supplies Outdoor Center 230 US-Dalbec-St Cloud school MN RURAL WATER ASSOCIATION Tuition Reimbursement/School Water Treatment 225 US-shade tree short course UNIVERSITY OF MINNESOTA Conference/Training Tree Disease 217 US-30 day challenge AMAZON.COM Operating Supplies Fitness Classes 215 US-quartermaster GALLS LLC Operating Supplies Police 214 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie View Liquor Store 213 US-ACA conf WALT DISNEY WORLD Conference/Training Youth Programs Admin 212 US-cpr training lunch PANERA BREAD Training Supplies Utility Operations-General 212 US-lights for night repairs DEWALT FACTORY Small Tools Water Distribution 210 US-latex gloves for evidence p AMAZON.COM Operating Supplies Police 207 US-ipad truck mounts NPI/RAM MOUNTS Repair&Maint.Supplies Utility Operations-General 204 US-bank/sery chgs PLUG N PAY Bank and Service Charges Community Center Admin 197 US-coffee COFFEE WHOLESALE Operating Supplies Senior Center Programs 193 US-Jan 2018 Bldg Surchgs DEPT OF LABOR&INDUSTRY Plumbing Surcharge General Fund 192 US jail supply BOB BARKER COMPANY Operating Supplies Police 189 US-latex gloves for evidence p AMAZON.COM Operating Supplies Police 189 US-training AMERICAN RED CROSS Conference/Training Pool Operations 183 US-lounge BEST BUY Operating Supplies Fire 175 US-bca training-Naumann BCA Tuition Reimbursement/School Police Amount Explanation Vendor Account Description Business Unit 175 US-bca trng-Serafin BCA Tuition Reimbursement/School Police 175 US-bca trng-Staaf BCA Tuition Reimbursement/School Police 175 US-bca trng-Dupont BCA Tuition Reimbursement/School Police 172 US-bank/sery chgs PLUG N PAY Bank and Service Charges Community Center Admin 171 US-plow repair parts DISCOUNT STEEL INC Equipment Parts Fleet Operating 167 US-council food CRUMB GOURMET DELI Miscellaneous City Council 155 US-code training-Stockwell INTERNATIONAL CODE COUNCIL Conference/Training Inspections-Administration 154 US-wellness healthy potluck JIMMY JOHNS Employee Award Organizational Services 152 US-gateway fees NCR SPECIALTY Bank and Service Charges Prairie Village Liquor Store 150 US-electric license ceu's MLK SEMINARS LLC Licenses,Permits,Taxes,Fees Park Maintenance 150 US-B Peterson-NE school MN AWWA Tuition Reimbursement/School Water Treatment 150 US-plt license MLK SEMINARS LLC Licenses,Permits,Taxes,Fees Park Maintenance 150 US-BCA trng BCA Tuition Reimbursement/School Police 149 US-calibre press trng-L Perez LIFELINE TRAINING LTD Tuition Reimbursement/School Police 149 US-calibre press trng-L Perez LIFELINE TRAINING LTD Tuition Reimbursement/School Police 144 US-ACA conf MSP AIRPORT PARKING Mileage&Parking Youth Programs Admin 139 US-basin maint MENARDS Repair&Maint.Supplies Water Treatment 136 US-drill bits/tools HOME DEPOT CREDIT SERVICES Small Tools Water Distribution 132 US-ups backups-PD AMAZON.COM Operating Supplies IT Operating 128 US-post season meeting TAVERN 4&5 Operating Supplies Broomball 125 US-training classes PLT SERVICES Licenses,Permits,Taxes,Fees Park Maintenance 124 US-light PAYPAL INC Small Tools Water Distribution 121 US-chaplain luncheon WHICH WICH Operating Supplies Reserves 120 US-surge protector AMAZON.COM Operating Supplies IT Operating 118 US-radio for truck BEST BUY Machinery&Equipment Snow&Ice Control 117 US-program supplies PAYPAL INC Operating Supplies Outdoor Center 117 US-spray nozzle AMAZON.COM Operating Supplies Fire 115 US-supplies for café US FOOD CULINARY EQUIPMENT b Operating Supplies Concessions 112 US-radio equip GALLS LLC Clothing&Uniforms Police 110 US-program supplies PAYPAL INC Operating Supplies Outdoor Center 109 US-personalized bat for RL MAXBAT Operating Supplies Special Initiatives 104 US-lunch with gues speaker WILDFIRE Conference/Training Fire 100 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 100 US-wellness challenge gift car TARGET Employee Award Organizational Services 100 US-2018 maao dues-Buswell MAAO Dues&Subscriptions Assessing 100 US-J Pike 2018 maao dues MAAO Dues&Subscriptions Assessing 100 US-J Sams 2018 maao dues MAAO Dues&Subscriptions Assessing 100 US-A Swart 2018 maao dues MAAO Dues&Subscriptions Assessing 100 US-J Thompson 2018 maao dues MAAO Dues&Subscriptions Assessing 100 US-training 360 TRAINING Conference/Training Fleet Operating 99 US-broom for truck DISCOUNT STEEL INC Machinery&Equipment Snow&Ice Control 99 US-prime membership renewal AMAZON.COM Office Supplies Police 99 US-training L.Navarro SERVING THE AMERICAN Conference/Training Facilities Staff 99 US-wood and paint MENARDS Repair&Maint.Supplies Water Distribution 98 US-thermal WALMART COMMUNITY Operating Supplies Pool Lessons 97 US-folder/bus card holder OFFICE DEPOT CREDIT PLAN Office Supplies Utility Operations-General 95 US-super bowl display MICHAELS-THE ARTS&CRAFTS S Operating Supplies Police 94 US-lunch meeting CAMPIELLO Other Contracted Services Parks Administration 90 US-mouse for K Carlson PAYPAL INC Office Supplies Utility Operations-General 90 US-sunshine fund-Brink TLF ELAINES FLOWERS AND GIFTS Deposits Escrow Amount Explanation Vendor Account Description Business Unit 88 US-café food COSTCO Merchandise for Resale Concessions 86 US-café food COSTCO Merchandise for Resale Concessions 86 US-paint MENARDS Repair&Maint.Supplies Utility Operations-General 85 US-L creamer trng EVENTBRITE Conference/Training Heritage Preservation 85 US-quartermaster AMAZON.COM Operating Supplies Police 80 US-dues NATIONAL REGISTRY OF EMTS Dues&Subscriptions Fire 80 US-coffee BLACK RIFLE COFFEE Operating Supplies Fire 80 US-supplies A TO Z RENTAL CENTER Operating Supplies Park Maintenance 78 US-30 day challenge COSTCO Operating Supplies Fitness Classes 77 US-spare dvi cables-IT AMAZON.COM Operating Supplies IT Operating 76 US-kids drawing class BLICK ART MATERIALS Operating Supplies Arts Center 76 US-winter play food supplies COSTCO Operating Supplies Winter Theatre 76 US-playcare supplies AMAZON.COM Operating Supplies Day Care 75 US-ping pong set AMAZON.COM Operating Supplies Community Center Admin 75 US-membership HTCIA Tuition Reimbursement/School Police 75 US-bca trng-Behl BCA Tuition Reimbursement/School Police 74 US-valentines CUB FOODS EDEN PRAIRIE Special Event Fees Senior Center Programs 73 US-set materials MENARDS Operating Supplies Winter Theatre 73 US-program books OFFICE DEPOT CREDIT PLAN Repair&Maint.Supplies Utility Operations-General 67 US-coffee pots/supplies AMAZON.COM Operating Supplies Senior Center Admin 67 US-HTC-acting black SAM'S CLUB Miscellaneous Housing and Community Service 66 US-storage supplies AMAZON.COM Operating Supplies Community Center Admin 64 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 63 US-toner FS3 AMAZON.COM Process Control Equipment IT Operating 63 US-badge reels AMAZON.COM Operating Supplies Community Center Admin 61 US-program trip KWIK TRIP STORES Program Trips Outdoor Center 60 US-slip and plaster CONTINENTAL CLAY COMPANY Operating Supplies Arts Center 60 US-indoor tri metals CROWN TROPHY Operating Supplies Fitness Classes 60 US-training IFMA Conference/Training Facilities Staff 60 US-crew room light AMAZON.COM Operating Supplies Fire 60 US-employee water COSTCO Operating Supplies Den Road Liquor Store 59 US-set materials MENARDS Operating Supplies Winter Theatre 58 US-supplies OTC BRANDS Operating Supplies Youth Programs Admin 58 US-wellness lunch COSTCO Employee Award Organizational Services 57 US-set materials MENARDS Operating Supplies Winter Theatre 53 US-testing badges LEARN TO SKATE Operating Supplies Ice Lessons 53 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 53 US-graphics card-dispatch AMAZON.COM Operating Supplies IT Operating 52 US-woodshop break cartridge SAWSTOP Equipment Repair&Maint Senior Center Programs 50 US-MNGFOA dues GOVERNMENT FINANCE OFFICERS Dues&Subscriptions Finance 50 US-T Robinson dues GOVERNMENT FINANCE OFFICERS Dues&Subscriptions Finance 50 US-Melville dues GOVERNMENT FINANCE OFFICERS Dues&Subscriptions Finance 50 US-membership dues GOVERNMENT FINANCE OFFICERS Dues&Subscriptions Finance 50 US-annual membership IAPE Tuition Reimbursement/School Police 50 US-training IDN-H.HOFFMAN,INC Conference/Training Facilities Staff 49 US-B Whitt carrying case PETSMART Operating Supplies Animal Control 49 US-meals for training CAVE CAFE THE Training Supplies Utility Operations-General 48 US-community center COOL AIR INCORPORATED Repair&Maint.Supplies Ice Arena Maintenance 48 US-locks for med kits CONTAINER STORE Safety Supplies Utility Operations-General 48 US-program trip KWIK TRIP STORES Program Trips Outdoor Center Amount Explanation Vendor Account Description Business Unit 47 US-ACA conf WALT DISNEY WORLD Conference/Training Youth Programs Admin 46 US-wireless presenter AMAZON.COM Operating Supplies Community Center Admin 45 US-interview discussion CRUMB GOURMET DELI Miscellaneous Engineering 45 US-audition ad-beauty and the MINNESOTA PLAYLIST.COM Advertising Summer Theatre 43 US-critter food PETCO Operating Supplies Outdoor Center 43 US-EPCC HVAC RG DAVIS AND CO Repair&Maint.Supplies Fitness/Conference-Cmty Ctr 42 US-book COACHES CHOICE Operating Supplies Youth Programs Admin 42 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 42 US-employee water COSTCO Operating Supplies Prairie Village Liquor Store 42 US-employee water COSTCO Operating Supplies Prairie View Liquor Store 42 US-set materials MENARDS Operating Supplies Winter Theatre 41 US-staff meeting-end of season RED'S SAVOY PIZZA Operating Supplies Skating Rinks/Warming Houses 41 US-playcare decor/supplies DOLLAR TREE STORES,INC. Operating Supplies Day Care 40 US-turf class MPSTMA Conference/Training Park Maintenance 40 US-MACIA conf MACIA Tuition Reimbursement/School Police 40 US-training NAFA FLEET MANAGEMENT ASSOI Conference/Training Fleet Operating 40 US-paper cutter B&H PHOTO Operating Supplies Parks Administration 39 US-FD parts AMAZON.COM Equipment Parts Fleet Operating 38 US-facebook ad FACEBOOK Operating Supplies Housing and Community Service 38 US-quartermaster AMAZON.COM Operating Supplies Police 38 US-book COACHES CHOICE Operating Supplies Youth Programs Admin 38 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 37 US-school liaison outreach COSTCO Operating Supplies Police 37 US-mailing tubes AMAZON.COM Office Supplies Police 37 US-shop supplies WALMART COMMUNITY Operating Supplies Park Maintenance 36 US-folder AMAZON.COM Operating Supplies Fire 36 US-supplies OFFICE DEPOT CREDIT PLAN Operating Supplies Community Center Admin 35 US-fees for water in motion WATER IN MOTION Licenses,Permits,Taxes,Fees Fitness Classes 35 Us-mahiney fees WATER IN MOTION Licenses,Permits,Taxes,Fees Fitness Classes 34 US-batteries/flash drives WALMART COMMUNITY Office Supplies Water Treatment 34 US-CB trailer MENARDS Repair&Maint.Supplies Stormwater Collection 33 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 33 US-training food HY-VEE INC Training Supplies Prairie Village Liquor Store 33 US-training food HY-VEE INC Training Supplies Den Road Liquor Store 33 US-training food HY-VEE INC Training Supplies Prairie View Liquor Store 32 US-quartermaster AMAZON.COM Operating Supplies Police 32 US-photofinishing WALGREEN'S#5080 Video&Photo Supplies Facilities Staff 32 US-Inv supply BEST BUY Operating Supplies Police 32 US-sprayer HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 32 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 32 US-office supplies WALMART COMMUNITY Office Supplies Youth Programs Admin 30 US-subscription GARDEN GATE Dues&Subscriptions Park Maintenance 30 US-chainsaw part AMAZON.COM Landscape Materials/Supp Street Maintenance 29 US job fair WALMART COMMUNITY Conference/Training Youth Programs Admin 29 US-notary CROWN STAMP AND ENGRAVING(Licenses,Permits,Taxes,Fees Police 29 US-Friday night fun WALMART COMMUNITY Operating Supplies New Adaptive 28 US-café food CUB FOODS EDEN PRAIRIE Merchandise for Resale Concessions 28 US-program supplies AMAZON.COM Operating Supplies Outdoor Center 28 US-woodshop saw blade AMAZON.COM Equipment Repair&Maint Senior Center Programs 27 US-super bowl display MICHAELS-THE ARTS&CRAFTS S Operating Supplies Police Amount Explanation Vendor Account Description Business Unit 26 US-plaster for clay studio CONTINENTAL CLAY COMPANY Operating Supplies Arts Center 26 US-MNIAAI membership PAYPAL INC Dues&Subscriptions Fire 26 US-ping pong table MENARDS Repair&Maint.Supplies Community Center 26 US-critter food PETCO Operating Supplies Outdoor Center 25 US-ping pong table MENARDS Repair&Maint.Supplies Community Center 25 US-golf league WALGREEN'S#5080 Operating Supplies Senior Center Programs 25 US-M Yerks trng ROTARY INTERNATIONAL Conference/Training Housing and Community Service 25 US-playcare AMAZON.COM Operating Supplies Day Care 25 US-supplies AMAZON.COM Operating Supplies Community Center Admin 24 US-indoor tri supplies TARGET Operating Supplies Fitness Classes 23 US-indoor tri bars TARGET Operating Supplies Fitness Center 23 US-props GOODWILL CHANHASSEN Operating Supplies Winter Theatre 23 US-batteries MENARDS Office Supplies Water Treatment 22 US-facebook ad FACEBOOK Advertising Prairie Village Liquor Store 22 US-facebook ad FACEBOOK Advertising Den Road Liquor Store 22 US-facebook ad FACEBOOK Advertising Prairie View Liquor Store 22 US-lumbar support AMAZON.COM Office Supplies Police 22 US-lumbar support AMAZON.COM Office Supplies Police 22 US-lumbar support AMAZON.COM Office Supplies Police 21 US-set materials MENARDS Operating Supplies Winter Theatre 21 US-CB trailer MENARDS Repair&Maint.Supplies Stormwater Collection 21 US-labeling tape AMAZON.COM Office Supplies Police 21 US-Friday night fun WALMART COMMUNITY Operating Supplies New Adaptive 20 US-boiler license-B Peterson DEPT OF LABOR&INDUSTRY Licenses,Permits,Taxes,Fees Water Treatment 20 US-Ibrahim hazmat training SAFERESPONSE Tuition Reimbursement/School Police 20 US-Koras hazmat training SAFERESPONSE Tuition Reimbursement/School Police 20 US-epermit web security PAYPAL INC IT Operating 19 US-ipad supplies TARGET Operating Supplies Park Maintenance 19 US-reflective tape MY CABLE MART Repair&Maint.Supplies Stormwater Collection 19 US-clay studios supplies DOLLAR TREE STORES,INC. Operating Supplies Arts Center 19 US-seniors cake COSTCO Operating Supplies Fitness Classes 19 US-program supplies MICHAELS-THE ARTS&CRAFTS S Operating Supplies Outdoor Center 18 US-sanctioning fee MRPA Special Event Fees Basketball 18 US-snow plow meal CUB FOODS EDEN PRAIRIE Miscellaneous Street Maintenance 17 US-ping pong table MENARDS Repair&Maint.Supplies Community Center 16 US-music for classes SPOTIFY Operating Supplies Pool Operations 16 US-indoor tri bars DOLLAR TREE STORES,INC. Operating Supplies Fitness Center 15 US-cement mixer JERRYS DO IT BEST Repair&Maint.Supplies Stormwater Collection 15 US-adaptive club 204 RADERMACHERS Operating Supplies New Adaptive 15 US-critter food CUB FOODS EDEN PRAIRIE Operating Supplies Outdoor Center 15 US-display port to HDMI MY CABLE MART Operating Supplies IT Operating 15 US-30 day challenge KOWALSKI'S MARKET Operating Supplies Fitness Classes 15 US-Feb meeting GOVERNMENT FINANCE OFFICERS Conference/Training Finance 15 US-props GOODWILL CHASKA Operating Supplies Winter Theatre 14 US-parking MPLSPARKING.COM Mileage&Parking Youth Programs Admin 14 US-playcare DOLLAR TREE STORES,INC. Operating Supplies Day Care 14 US-reserve calendar CALENDAR WIZ Operating Supplies Reserves 13 US-for pruning saws HOME DEPOT CREDIT SERVICES Operating Supplies Park Maintenance 12 US-playcare supplies AMAZON.COM Operating Supplies Day Care 12 US-set materials MENARDS Operating Supplies Winter Theatre Amount Explanation Vendor Account Description Business Unit 12 US-set materials MENARDS Operating Supplies Winter Theatre 11 US-parking MPLSPARKING.COM Mileage&Parking Economic Development 11 US-playcare WALGREEN'S#5080 Operating Supplies Day Care 11 US-cleaning wipes TARGET Operating Supplies Senior Center Admin 11 US-D ring for mixer MENARDS Equipment Parts Stormwater Collection 10 US-set materials MENARDS Operating Supplies Winter Theatre 10 US-software ATLASSIAN Equipment Repair&Maint Fire 10 US-USB extender-heritage AMAZON.COM Operating Supplies IT Operating 9 US-cement mixer JERRYS DO IT BEST Repair&Maint.Supplies Stormwater Collection 9 US-supplies for medical bags i BOUND TREE MEDICAL LLC Safety Supplies Utility Operations-General 9 US-valentines event PARTY CITY Special Event Fees Senior Center Programs 8 US-supplies OFFICEMAX CREDIT PLAN Operating Supplies Community Center Admin 8 US-set materials MENARDS Operating Supplies Winter Theatre 8 US-cable AMAZON.COM Miscellaneous IT Operating 8 US-ACA conf HMS HOST Conference/Training Youth Programs Admin 8 US-food PIPER'S Operating Supplies Reserves 7 US-café food WALMART COMMUNITY Merchandise for Resale Concessions 7 US-DNR report UNITED STATES POSTAL SERVICE Licenses,Permits,Taxes,Fees Water Treatment 5 US-kleenex TARGET Office Supplies Housing and Community Service 5 US-riley outlet plate MENARDS Repair&Maint.Supplies Riley Lake 4 US-indoor tri supplies DOLLAR TREE STORES,INC. Operating Supplies Fitness Classes 4 US-table cloth-father/daughter PARTY CITY Operating Supplies Special Events&Trips 2 US-monthly billing fees NIMBLE SCHEDULE Other Contracted Services Community Center Admin 2 US-wellness lunch CUB FOODS EDEN PRAIRIE Employee Award Organizational Services 1 US-monthly billing fees NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0 US-monthly billing fees NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0 US-monthly billing fees NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0 US-monthly billing fees NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0 US-monthly billing fees NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0 US-monthly billing fees NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0 US-monthly billing fees NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0 US-monthly billing fees NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0 US-monthly billing fees NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0 US-monthly billing fees NIMBLE SCHEDULE Other Contracted Services Community Center Admin 0 US-monthly billing fees NIMBLE SCHEDULE Other Contracted Services Community Center Admin -4 US-return MENARDS Operating Supplies Winter Theatre -4 US-refund AMAZON.COM Operating Supplies Day Care -28 US-Jan 2018 Bldg Surchgs DEPT OF LABOR&INDUSTRY Other Revenue General Fund -29 US-refund 4IMPRINT Operating Supplies Fleet Operating -43 US-refund MICHAELS-THE ARTS&CRAFTS S Operating Supplies Police -57 US-refund DEWALT FACTORY Small Tools Water Distribution -57 US-refund DEWALT FACTORY Small Tools Water Distribution -275 US-K Porta CC MN STATE COLLEGES&UNIVERSI'Deposits Escrow -3,186 US-purchasing card rebate US BANK Other Revenue General Fund 57,712 Report Total CITY COUNCIL AGENDA DATE: SECTION: Public Hearings April 17, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Code Amendment—Breweries, IX.A. Janet Jeremiah/Angie Perera Distilleries, Taprooms, & Cocktail Rooms Requested Action Move to: • Close the Public Hearing; and • Approve 1st Reading of the Ordinance to Amend City Code Section 11.02, 11.03, 11.25, 11.26, 11.27, 11.28, and 11.30 to include a definition for Brewer Taproom, Cocktail Room, Micro distillery, and Small Brewer, and to allow these uses as permitted uses in the Commercial and Industrial zoning districts, and to establish parking requirements for these uses. Synopsis The purpose of the proposed code amendment is to address breweries, distilleries, taprooms, and cocktail rooms. These definitions are already included within Chapter 4 pertaining to Beer, Wine and Liquor Licensing Requirements and these same definitions are proposed to be added to Chapter 11 pertaining to Land Use Regulations (Zoning). These uses are also proposed to be included as permitted uses within the Commercial and Industrial zoning districts, and parking requirements are proposed to be established as well. Background The city does not currently have any existing breweries; however, staff has had recent inquiries pertaining to the potential use. Distilleries and breweries continue to be the trend on the rise; therefore, staff is proposing amendments to address these specific uses appropriately within the code. Planning Commission Recommendation At its March 26, 2018, meeting the Planning Commission voted 9-0 to recommend approval of the proposed code amendments subject to the information in the staff report dated March 22, 2018. The Planning Commission had an extensive conversation about the proposed parking requirements for these specific uses. After discussing different potential options, the Planning Commission ultimately supported the proposed parking requirements as recommended by staff. Attachments 1. Ordinance 2. Staff Report dated 03.22.18 3. Zoning Considerations map 4. Approved Planning Commission Minutes from 03.26.18 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.02, 11.03, 11.25, 11.26, 11.27, 11.28, 11.30 AND RELATING TO BREWERIES, DISTILLERIES, TAPROOMS AND COCKTAIL ROOMS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.02 Definitions is hereby amended by: 1. Inserting a new definition for Brewer Taproom at item 10 as re-numbered as follows: "Brewer Taproom" is a brewer licensed under section 340A.301, subdivision 6, clause (c), (1), or (j) who also holds a retail license to sell on-sale malt liquor produced by the brewer for consumption on the premises of or adjacent to a brewery location owned by the brewer." 2. Inserting a new definition for Cocktail Room at item 15 as re-numbered as follows: "Cocktail Room" is an establishment on the premises of or adjacent to one distillery location owned by a distiller for the on-sale of distilled liquor produced by the distiller." 3. Inserting a new definition for Microdistillery at item 51 as re-numbered as follows: "Microdistillery" is a distillery operated within the state producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year, which distillery is licensed under Minn. Stat. Chap. 340A. 4. Inserting a new definition for Small Brewer at item 68 as re-numbered as follows: "Small Brewer" is a brewer licensed under section 340A.301, subdivision 6, clause (c), (i), or (j) who also holds a retail license to sell off-sale malt liquor at its licensed premises which has been produced and packaged by the brewer. Section 2. Section 11.03, Subd. 3, H. Off-Street Parking Facilities, 4. Parking Requirement/Use* is amended by adding the following in the table in item "e. COM, A-C": Brewer Taproom, Cocktail Room 1/60 sq. ft. G.F.A. Small Brewer, Microdistillery 1/1,000 sq. ft. G. F. A. Section 3. Section 11.03, Subd. 3, H. Off-Street Parking Facilities, 4. Parking Requirement/Use* is amended by adding the following in the table in item"f. IND": Brewer Taproom, Cocktail Room 1/60 sq. ft. G.F.A. Small Brewer, Microdistillery 1/1,000 sq. ft. G. F. A. Section 4. City Code Chapter 11, Section 11.25, Subd. 2, is amended by adding the following I . Small Brewer with Brewer Taproom J. Microdistillery with Cocktail Room Section 5. City Code Chapter 11, Section 11.26, Subd. 4. A. Development Standards: Transit Oriented Development—Mixed Use (TOD-MU) is amended adding the following to the Permitted Uses—TOD-MU District table, under"Commercial", "- Small Brewer with Brewer Taproom" and "- Microdistillery with Cocktail Room" as set forth below: Permitted Uses—TOD-MU District 'emitted Uses Performance Standards Commercial 1. The ground floor in all buildings in the mixed use district - Neighborhood commercial shall be commercial along the primary transit street and - Restaurants and food service commercial ready along the secondary transit street. - Hotels/Hospitality/Lodging 2. Drive-thrus are only allowed when the drive-thru lanes - Day care facility are internally located within the parking structure. - Small Brewer with Brewer Taproom Microdistillery with Cocktail Room 3. Neighborhood Commercial individual tenant space shall not exceed 10,000 sq. ft. in area with the exception of Office grocery stores,which shall not exceed 25,000 sq.ft.in area. - Business and professional offices - Day care facility Residential - Multiple-Family Dwellings Public - Public facilities and services - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Section 6. City Code Chapter 11, Section 11.26, Subd , Subd. 4. A. Development Standards: Transit Oriented Development — Mixed Use (TOD-MU) is amended adding the following to the Off-Street Vehicular Parking Standards — TOD-MU District table under "Use", "Small Brewer, Microdistillery; under "# of spaces (min)", "1/1000 sq. ft. G.F.A."; and under "# of spaces (max)", "None"; and further amended by adding under "Use", "Brewer Taproom, Cocktail Room"; under "# of spaces (min)", "1/60 sq. ft. G.F.A."; and under "# of spaces (max)", "None" as set forth below: Off-Street Vehicular Parking Standards—TOD-MU District !Use f spaces(min) #of spa - Multiple-Family Residential 1/dwelling unit(d.u.) 1/bedroom Visitor(Residential) None 1/5 dwellings Retail Stores&Services 3/1,000 sq ft Gross Floor Area 5/1,000 sq ft(G.F.A.) (G.F.A.) Restaurant 1/3 seats 1/2.5 seats Office 3/1,000 sq ft(G.F.A.) 5/1000 sq ft(G.F.A.) Hotel 1/guest room+ 1/employee None Small Brewer,Microdistillery 1/1,000 sq. ft.G.F.A. None Brewer Taproom,Cocktail Room 1/60 sq. ft.G.F.A. None Others As determined by site plan review. A parking demand study may be required. Proof of parking may be included as part of a parking demand study Section 7. City Code Chapter 11, Section 11.26, Subd , Subd. 4. C. Development Standards: Transit Oriented Development—Employment(TOD-E) is amended adding the following to the Permitted Uses—TOD-E District table under Permitted Uses "- Small Brewer with Brewer Taproom" and"- Microdistillery with Cocktail Room" as follows: Permitted Uses—TOD-E District 'ermitted Uses Performance Standards Commercial 1. The ground floor in all buildings in the TOD-E district - Neighborhood commercial shall be commercial ready along the primary transit street. - Restaurants and food service - Day care facility 2. Neighborhood Commercial individual tenant space shall Small Brewer with Brewer Taproom not exceed 10,000 sq. ft. in area with the exception of Microdistillery with Cocktail Room grocery stores,which shall not exceed 25,000 sq. ft. in area. Office 3. Drive-thrus are only allowed when the drive-thru lanes Business and professional offices are internally located within the parking structure. - Day care facility 4. Warehouse and Distribution shall be permitted in the Light Industrial district as an accessory use. Warehouse Light Industrial and Distribution shall not exceed 15% of the Gross Floor - Manufacturing Area of a structure. - Research and design - Wholesale - Processing - Packaging - Showroom - Assembling - Compounding - Flex space - Live/work space such as artist lofts Public - Public facilities and services - Libraries - Parks - Transit facilities - Transit parking - Parking ramps Public Infrastructure Antennas and Towers,in those locations and subject to the limitations contained in City Code Section 11.06 Section 8. City Code Chapter 11, Section 11.26, Subd , Subd. 4. C. Development Standards: Transit Oriented Development — Employment (TOD-E) is amended adding the following to the Off-Street Vehicular Parking Standards — TOD-E District table under "Use", "Small Brewer, Microdistillery; under "# of spaces (min)" "1/1000 sq. ft. G.F.A."; and under "# of spaces (max)" "None"; and further amended by adding under "Use", "Brewer Taproom, Cocktail Room"; under "# of spaces (min)", "1/60 sq. ft. G.F.A."; and under "# of spaces (max)," "None" as set forth below: Off-Street Vehicular Parking Standards—TOD-E District se #of spaces(min) spaces(max Retail Stores&Services 3/1,000 sq ft(G.F.A.) 5/1,000 sq ft(G.F.A.) Restaurant 1/3 seats '/2.5 seats Office 3/1,000 sq ft(G.F.A.) 5/1000 sq ft(G.F.A.) Small Brewer,Microdistillery 1/1,000 sq. ft. G.F.A. None Brewer Taproom,Cocktail Room 1/60 sq. ft. G.F.A. None Others As determined by site plan review.A parking demand study may be required. Proof of parking may be included as part of a parking demand study. Section 9. City Code Chapter 11, Section 11.27, Subd. 5. Table 1: Permitted Uses in Town Center District (Permitted =P, Accessory =A) is amended under "Use", "Commercial" by adding "Small Brewer with Brewer Taproom' and Microdistillery with Cocktail Room" both as as "P" in the TC-MU and TC-C Districts as follows: Use TC-MU TC-R TC-C Commercial Neighborhood commercial P Community commercial P Restaurants and food service w/o drive-thru facilities Business and professional offices and clinics Al P Hotels P Day care facility P P Antennas and Towers,in those locations and subject to P the limitations contained in City Code Section 11.06. Small Brewer with Brewer Taproom P P Microdistillery with Cocktail Room P P Section 10. City Code Chapter 11, Section 11.27, Subd. 10" is amended in Table 4: Off-Street Parking Space Standards for Town Center District by adding under the "Use", "Brewer Taproom, Cocktail Room" , and by adding under "TC-MU and TC-C minimum # of spaces", "1/60 sq. ft. G.F.A.", and under "TC-MU and TC-C maximum # of spaces", adding "None" and further amending under "Use" by adding "Small Brewer, Microdistillery", and under "TC- MU and TC-C minimum # of spaces", adding "1/1,000 sq. ft. G.F.A.", and under "TC-MU and TC-C maximum # of spaces", adding "None", and under "TC-R minimum and maximum# of spaces", adding"N/A", as set forth below: Table 4: Off-Street Parking Space Standards for Town Center District Use TC-MU TC-R TC-C (#of spaces) (#of spaces) (#of spaces) Minimu Maximum Minimum Maximum Minimum Maximum m Multiple- 1/d.u. 1/bedroom 1/d.u. 1.25/ N/A N/A Family bedroom Residential Retail Stores 3/1,000 5/1,000 N/A N/A 4/1,000 6/1,000 &Services sq ft sq ft sq ft sq ft Restaurant 1/3 seats 1/2.5 seats N/A N/A 1/3 seats 1/2 seats Office 3/1,000 4/1,000 N/A N/A 4/1,000 sf 5/1,000 sq ft sq ft sq ft Hotel N/A N/A N/A N/A 1/guest room +1/employee Brewer 1/60 sq. None N/A N/A 1/60 sq.ft. None Taproom, ft.G.F.A. G.F.A. Cocktail Room Small Brewer, 1/1,000 None N/A N/A 1/1,000 sq.ft. None Microdistillery sq.ft. G.F.A. G.F.A. Others As determined by site plan review. Section 11. City Code Chapter 11, Section 11.28, Subd. 2 Permitted Uses in Airport — Commercial District the following: E. Small Brewer with Brewer Taproom F. Microdistillery with Cocktail Room Section 12. City Code Chapter 11, Section 11.30, Subd. 2 is amended by adding the following: K. Small Brewer L. Small Brewer with Brewer Taproom M. Microdistillery N. Microdistillery with Cocktail Room Section 13. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 14. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of April, 2018, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the_day of , 2018. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2018. STAFF REPORT TO: Planning Commission FROM: Angie Perera, Planner 1 DATE: March 22, 2018 SUBJECT: Code Amendment—Breweries, Distilleries, Taprooms, & Cocktail Rooms BACKGROUND: Staff is recommending amendments to City Code Chapter 11 to address breweries, distilleries, taprooms,and cocktail rooms.These definitions are already included within Chapter 4 pertaining to Beer,Wine and Liquor Licensing Requirements and these same definitions are proposed to be added to Chapter 11. These uses are also proposed to be included as permitted uses within the Commercial and Industrial zoning districts, and parking requirements are proposed to be established as well. The city does not currently have any existing breweries; however, staff has had recent inquiries pertaining to the potential use. Distilleries and breweries continue to be the trend on the rise; therefore,staff is proposing amendments to address these specific uses appropriately within the code. A map has been attached illustrating the properties currently zoned to correspond with the proposed amendment. DISCUSSION: Staff conducted research on existing brewery and distillery establishments,Minnesota State statutes, and regulations of other city codes within the region. Most city codes permit breweries and distilleries in commercial and/or industrial zoning districts. Breweries typically include a taproom and micro distilleries typically include a cocktail room to allow customers to consume onsite. The definitions of these uses vary in different codes but the language is similar to language as listed in Minnesota State Statutes. State statute includes regulations for these uses and licensing requirements. Most city codes list theses uses as permitted uses, conditional uses, or permitted uses with special conditions or restrictions. Of other city codes researched, staff found that parking requirements for taprooms and cocktail rooms typically require similar parking requirements as restaurants when comparing number of required parking spaces based on number of seats versus number of parking spaces required based on total gross floor area. The following definitions are proposed to be inserted into City Code,Chapter 11,Section 11.02 with definitions renumbered accordingly.These definitions are consistent with those already provided in Chapter 4 of the City Code: Staff Report—Code Amendment—Breweries,Distilleries, Taprooms, & Cocktail Rooms March 22, 2018 Page 2 "Brewer Taproom"is a brewer licensed under section 340A.301, subdivision 6, clause (c), (1), or 6) who also holds a retail license to sell on-sale malt liquor produced by the brewer for consumption on the premises of or adjacent to a brewery location owned by the brewer. " "Cocktail Room"is an establishment on the premises of or adjacent to one distillery location owned by a distiller for the on-sale of distilled liquor produced by the distiller. " "Microdistillery" is a distillery operated within the state producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year, which distillery is licensed under Minn. Stat. Chap. 340A. "Small Brewer"is a brewer licensed under section 340A.301, subdivision 6, clause (c), (i), or 0) who also holds a retail license to sell off-sale malt liquor at its licensed premises which has been produced and packaged by the brewer. Commercial Districts Staff is proposing that a"Small Brewer with Brewer Taproom"and"Microdistillery with Cocktail Room"be included as permitted uses within the following sections of the City Code: • Section 11.25, Commercial Districts, Subd. 2 Permitted Uses • Section 11.26, TOD-MU, Subd. 4 A. Permitted Uses • Section 11.26, TOD-E, Subd. 4 C. Permitted Uses • Section 11.27, TC-MU, Subd. 5 Permitted Uses • Section 11.27, TC-C, Subd. 5 Permitted Uses • Section 11.28, A-C, Subd. 2 Permitted Uses The intent is to require that both Small Brewer and Microdistillery establishments have a customer activity component required with it since most of these zoning districts have commercial uses associated with the purpose and intent of these districts. Industrial Districts Staff is recommending that"Small Brewer,"Small Brewer with Brewer Taproom","Microdistillery" and"Microdistillery with Cocktail Room"be included as permitted uses within the following section of the City Code: • Section 11.30 Industrial, Subd. 2 Permitted Uses Parking Requirements Staff is proposing amendments to the off-street parking requirements for the proposed uses. Proposed amendments to the sections of the City Code are listed below: 2 Staff Report—Code Amendment—Breweries,Distilleries, Taprooms, & Cocktail Rooms March 22, 2018 Page 3 Small Brewers, &Microdistilleries (1 space for every 1,000 sq.ft. G.F.A) Brewer Taprooms, and Cocktail Rooms (1 space for every 60 sq.ft. G.F.A.) • Section 11.03, Subd. 3 H. 4 (table) e. COM, A-C • Section 11.03, Subd. 3 H. 4 (table) f. IND • Section 11.26 Subd. 4 A. (table) TOD-MU • Section 11.26 Subd. 4 C. (table) TOD-E • Section 11.27, Subd. 10 A. Table 4, TC-MU and TC-C Depending upon specific locations proposed for breweries,distilleries,taprooms,and cocktail rooms, waivers to the parking requirements may be requested.Parking availability is site specific and based on the mixture of tenant uses,although there may also be potential opportunities for shared parking due to complementary peak business hours. This will be evaluated on a case-by-case basis. STAFF RECOMMENDATION: Staff recommends approval of the following Code amendments as represented in the staff report dated 3/22/18: • Amend Section 11.02 Definitions to include a definition for Brewer Taproom, Cocktail Room, Microdistillery and Small Brewer • Amend Section 11.03 Off Street Parking Space Requirements in the Commercial and Industrial Districts to include requirements for the corresponding uses • Amend Section 11.25 Commercial Districts to include Small Brewer with Brewer Taproom, and Microdistillery with Cocktail Room as permitted uses • Amend Section 11.26 TOD-MU and TOD-E to include Small Brewer with Brewer Taproom, and Microdistillery with Cocktail Room as permitted uses • Amend Section 11.26 Off-Street Vehicular Parking Standards in the TOD-MU and TOD-E to include parking requirements for the corresponding uses • Amend Section 11.27 TC-MU and TC-C to include Small Brewer with Brewer Taproom, and Microdistillery with Cocktail Room as permitted uses • Amend Section 11.27 Off-Street Parking Space Standards to include parking requirements for the TC-MU and TC-C districts • Amend Section 11.28 Airport- Commercial District to include Small Brewer with Brewer Taproom, and Microdistillery with Cocktail Room as permitted uses • Amend Section 11.30 Industrial Districts to include Small Brewer, Small Brewer with Brewer Taproom, Microdistillery, and Microdistillery with Cocktail Room as permitted uses 3 i� - ` I .,„ r\asi,. *PA 0 tii .0 Amv° A A iik..,tot -, 1.,15,* mil, 3; Ai. .„, i 14 "lid."' lid 4,1 lir dclw Y 1, . 94011T - 111144:7", i\-.1i.17...-. fairrilli'll:11.11:1144e1171111111111: 7 I, . 1 Tit ,qr lb Ipt 1 , 4--11" 0 A- ' rfAreigrit, ! 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Li. ♦ • • map created 03/21/18 ♦ IF INAElm I GEN - C-REG j/j TC-C Roads N ,,,, #,, 0, 0 1-5 III C-REG-SER . j A-C Parcel Boundary EDEN - - - 1-2 C-COM Parks I CityLimits PRAIRIE - C-HWY N-COM Lakes LIVE•WORK•DREAM APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,MARCH 26, 2018 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Travis Wuttke, Ann Higgins, Charles Weber, Andrew Pieper, Ed Farr, Mark Freiberg, Michael DeSanctis, Christopher Villarreal CITY STAFF: Julie Klima, City Planner Rod Rue, City Engineer Matt Bourne, Manager of Parks and Natural Resources Julie Krull, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE — ROLL CALL IIII. APPROVAL OF AGENDA MOTION: Weber moved, seconded by Higgins, to approve the agenda. Motion carried 9- 0. IV. MINUTES A. PLANNING COMMISSION MEETING HELD MONDAY, FEBRUARY 12, 2017 DeSanctis had a spelling correction on page 3,paragraph 7, the word"substrate". Chair Pieper said it should have been Vice Chair Farr that closed the meeting. MOTION: Villarreal moved, seconded by Farr, to approve the amended minutes. Motion carried 9-0. V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS VII. PUBLIC HEARINGS PLANNING COMMISSION MINUTES March 26, 2018 Page 2 A. BREWERIES/DISTILLERIES CODE AMENDMENT Request to: • Amend City Code to address Breweries/Distilleries/Taprooms/Cocktail Rooms Klima said Staff is bringing forward a code amendment to define and address Breweries/Distilleries/Taprooms/Cocktail Rooms within the City Ordinance. A few years ago, Chapter 4 was amended and definitions for these uses were provided. Staff is proposing to carry definitions from Chapter 4 to Chapter 11 and list them as permitted uses in the industrial and commercial districts. Staff is also proposing that parking regulations be applied to Breweries/Distilleries/Taprooms/Cocktail Rooms as proposed in the staff report. Staff recommendation is for approval. Wuttke asked if the taprooms, and cocktail rooms are 1 parking stall per 60 square feet and the breweries and distilleries are 1 for 1,000 square feet in all the subdistricts. Klima said that is correct. The parking standards have two separate requirements for the two; one for the tasting room/taproom and one for the manufacturing, which are the breweries and distilleries. The way the property is being used will be broken down and parking will be calculated accordingly. Wuttke commented he was not sure it was sub-set for the entirety including manufacturing or delineating manufacturing. Klima said no, they would separate the parking out for the tap room and brewery. Wuttke asked how it would work for a restaurant that would brew their own. Klima said there is a separate definition under state law for brew pubs and it would fall under restaurants and there are provisions in code to support those. Klima stated there currently are not any breweries in Eden Prairie, but there is a distillery and cocktail room. Wuttke asked if there was a concern with the parking requirements with these establishments. Klima said staff researched other cities with tap rooms and came up with a compromise based on the research and current code parking requirements for restaurants. Wuttke asked if there was any discussion on the TOD areas, as it might be tight for parking. Klima said there was specific discussion on that issue and there are many things to address in the retail spaces, as listed in the staff report, such as peak times tenant mix and size of the parking field. Kirk commented that he frequents a few restaurants in Eden Prairie that has tight parking during times such as happy hours and pointed out that could affect business. He asked if there could be a tighter gap with parking. Farr commented he would like parking to be looked at more closely and thinks it is a high ratio also. He suggested shared parking and transportation options be addressed. Weber said the City should be looking at other ways to get people to these places because he feels there is too much parking space in Eden Prairie. He said the ordinance proposes a minimum requirement for parking stalls. An applicant could add more parking than is required if there is a business need. PLANNING COMMISSION MINUTES March 26, 2018 Page 3 Kirk said he remembers when Tavern 4&5 was in front of the Commission and they said there was not going to be a problem with parking and pointed out it is a problem now and commented we may have failed on that. He said if the ratio went to 1 to 40 square feet, or 1 to 50 square feet, more spaces could be added. Weber stated he disagreed and feels there are other ways to compensate for the parking issues like Kirk's example, because he feels cars can park on the streets if need be. Villarreal wanted to know what the impact would be if food trucks would be in these places. Klima said City Code was recently amended to address food trucks. They are allowed in the industrial districts, but not in commercial districts. Farr asked if the ordinance addressed distance requirements from schools, parks, and religious institutions. Klima said the ordinance does not address distance from these establishments. Farr asked why we are not including wineries in the ordinance. Klima said staff have not received any inquiries for wineries so staff is not proposing to include them at this time. DeSanctis asked what provisions are made for bike parking in front of these places. Klima said bike parking is a requirement in the TOD zoning districts. Wuttke asked at what levels these establishments would fall under to constitute being a restaurant. Klima said breweries and distilleries are licensed separately through the State of MN. Weber commented the brewery/taprooms get a separate license than a restaurant license. Wuttke said he does not want to see parking dwindled down because of the impact of outdoor patios. Chair Pieper asked if anyone supports applicants providing a parking plan without established minimum requirements. Farr questioned if the unit of parking stall per square foot is the correct measure. Weber stated we are talking about minimum and not maximum and it should be up to the restaurant and the City should not carry that burden. He said people can find other places to park. Klima said staff did discuss this issue and although there are seats in the tap room, some people are standing and that is why staff is proposing square footage versus restaurants, which are allocated by seats. Kirk said he understands Weber's concern for more asphalt but does not agree it is the business's problem and that the City should regulate a minimum of spaces. Klima said two issues are being discussed. Code requirements and business need. The Code requirement established the minimum number of parking stalls required. If a business need exceeds the stalls provided on site, some businesses have opted to lease additional off-site parking areas. PLANNING COMMISSION MINUTES March 26, 2018 Page 4 Chair Pieper asked Farr if he was comfortable with the percentage of parking. Farr said he is comfortable with 1 car per 100 square feet and would also like to see the applicant come up with a plan. He said he does not want to over regulate it. Kirk said he is a bit uncomfortable with that number and would rather go middle of the road with guidelines and still have a plan from the applicant. Wuttke said his concern was the unit of measurement applied to all districts. He said we could apply a conversion factor for standing equivalent versus seating equivalent and said measurements could be changed based on these equivalents. Villarreal said the trend is usually to have these establishments in industrial districts and not commercial districts and because of that; these parking issues may not need to be addressed. He said he is not interested in over-regulating and concurs with Farr. Kirk said he likes the idea of the applicant coming up with a plan because it is almost impossible to come up with just one number. Klima said Staff purposed a middle ground number, 1 per 60 square feet, but will be looking at these case by case and pointed out an applicant has the option of requesting a waiver. MOTION: Weber moved, seconded by Farr, to close the public hearing. Motion carried 9-0. MOTION: Weber moved, seconded by Kirk, to recommend approval of the Breweries/Distilleries Code Amendment based on staff recommendations and information contained in the staff report, dated March 22, 2018. Motion carried 9-0. VIII. PLANNERS' REPORT Klima said on May 1st, there will be a joint work session with the City Council regarding a draft version of Aspire. Klima said the Board Banquet is May 17tn IX. MEMBERS' REPORT Kirk said this is the last meeting for Wuttke and he wanted to thank him for his 9 years of service. Wuttke thanked all the members of the Commission and the City Council and also the residents. X. CONTINUING BUSINESS PLANNING COMMISSION MINUTES March 26, 2018 Page 5 XI. NEW BUSINESS XII. ADJOURNMENT MOTION: Wuttke moved, seconded by Kirk, to adjourn the Planning Commission meeting. Motion carried 7-0. Chair Pieper adjourned the meeting at 7:54 p.m. CITY COUNCIL AGENDA DATE: SECTION: Ordinances &Resolution April 17, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police—James DeMann First Reading of Ordinance Amending City Code XI.A. Chapter 9, Adding Section 9.75, Relating to the regulation of sales of cats and dogs at pet stores and adopting by reference City Code Chapter 1 and sections 9.99, which, among other things contain penalty provisions. Requested Action Move to: Approve first Reading of Ordinance Amending City Code Chapter 9, Adding Section 9.75, Relating to the regulation of sales of cats and dogs at pet stores and adopting by reference City Code Chapter 1 and sections 9.99, which, among other things contain penalty provisions. Synopsis This ordinance requires pet stores to sell pets not obtained from mass breeding facilities and to adopt reasonable regulations to help prevent inhumane breeding conditions, promote community awareness of animal welfare, and foster a more human environment in the City. Background Information Research has found that a significant number of puppies and kittens sold at pet stores come from large-scale, commercial breeding facilities where the health and welfare of the animals are not adequately provided for. Current Federal and State regulations do not properly address the sale of dogs and cat in pet stores. It has been found that it is in the best interest of the City of Eden Prairie to adopt reasonable regulations to help prevent inhumane breeding conditions, promote community awareness of animal welfare, and foster a more humane environment in the City. Attachments Ordinance Roseville City Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2018- _ AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 9 BY ADDING SECTION 9.75 RELATING TO THE REGULATION OF SALES OF CATS AND DOGS AT PET STORES AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 9.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Chapter 9 is amended by adding Section 9.75 to read as follows: Section 9.75. Regulation of Pet Stores Subd. 1. Policy A. The City Council finds that a significant number of puppies and kittens sold at pet stores, come from large-scale, commercial breeding facilities where the health and welfare of the animals are not adequately provided for; and B. The City Council finds that the documented abuses endemic to mass breeding facilities include over-breeding;inbreeding;minimal to no-existent veterinary care;lack of adequate and nutritious food,water and shelter; lack of socialization; lack of adequate space; lack of adequate exercise; no or limited screening of genetic diseases; inadequate transportation and shipping protocols of puppies and kittens;and indiscriminate disposal of breeding dogs and cats who have reached the end of their profitable breeding cycle; and C. The City Council finds that inhumane conditions in mass breeding facilities lead to health and behavioral issues in the animals bred in those facilities, which many consumers are unaware of when purchasing animals from pet stores due to both a lack of education on the issue and misleading tactics of pet stores in some cases. These health and behavioral issues, which may not present themselves until sometime after the purchase of the animals, can impose exorbitant financial and emotional costs on consumers; and D. The City Council finds that current Federal and State regulations do not properly address the sale of dogs and cats in pet stores, while the City of Eden Prairie does not possess adequate resources to safeguard the health and well-being of dogs and cats at the point of sale; and E. The City Council finds that due in large part to pet overpopulation,numerous dogs and cats are euthanized.Restricting the retail sale of puppies and kittens is likely to increase demand from animal shelters and rescue organizations; and F. The City Council finds that across the country,thousands of independent pet stores as well as large chains operate profitably with a business model focused on the sale of pet services and supplies and not the sale of commercially bred dogs or cats. Many of these stores collaborate with local animal shelters and rescue organizations to offer space and support for showcasing adoptable homeless pets on their premises; and G. The City Council finds that it is in the best interest of the City of Eden Prairie to adopt reasonable regulations to help prevent inhumane breeding conditions,promote community awareness of animal welfare, and foster a more humane environment in the City. H. The City Council finds that this Section 9.75 will not adversely impact consumers' ability to obtain a dog or cat of their choice directly from an animal shelter, or breed-specific rescue organization, or from a breeder where the consumer can see directly the conditions in which the dogs or cats are bred or can confer directly with the breeder concerning those conditions; and I. The City Council finds that it is in the best interest of the City of Eden Prairie to adopt reasonable regulations to help prevent inhumane breeding conditions,promote community awareness of animal welfare, and foster a more human environment in the City. J. The City Council finds that in accordance with the power granted to it by Minnesota Statutes Section 412.221, Subd. 21 to regulate the keeping of animals, and to protect the health, safety, and welfare of the community, the City Council it is appropriate to adopt the regulations set forth below regarding the sale of dogs and cats at pet stores. Subd. 2.Definitions. Except where the term is expressly defined by other provisions or sections within this Chapter, the following words and terms shall have the meanings ascribed to them in this Section: A. ANIMAL CONTROL AUTHORITY: Any governmental entity which is responsible for animal control operations in its jurisdiction. B. ANIMAL RESCUE ORGANIZATION: Any not-for-profit organization which has tax- exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue of animals and the placement of those animals in permanent homes, and which does not breed animals. C. ANIMAL SHELTER: Any not-for-profit organization which has tax-exempt status under Section 501(c)(3) of the Internal Revenue Code,which(1) accepts animals into a physical facility; (2) is devoted to the rescue, care, and adoption of stray, abandoned, unwanted or surrendered animals; (3)places animals in permanent homes or with animal rescue organizations; and(4) does not breed animals. D. CAT: A mammal that is wholly or in part the species Felis domesticus. E. CERTIFICATE OF SOURCE: A document from an animal control authority, animal rescue organization, or animal shelter which shall provide a brief description of the dog or cat, and shall list the name, address, and telephone number of the source (animal control authority, animal rescue organization, or animal shelter) of the dog or cat. F. DOG: A mammal that is wholly or in part of the species Canis familiaris. G. PET STORE: Any retail establishment, or operator thereof, which displays, sells, delivers, offers for sale, barters, auctions, gives away, or otherwise transfers companion animals in the City of Eden Prairie. This definition does not apply to animal control authorities, animal shelters, or animal rescue organizations. H. PET STORE OPERATOR: A person or business entity who owns or operates a pet store. Subd. 3. Prohibition on Sales A. No pet store shall sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of cats or dogs. B. Nothing in this Section shall prohibit pet stores from collaborating with animal shelters, animal rescue organizations, and animal control authorities to offer space for such entities to showcase adoptable dogs and cats inside pet stores. Such animals shall not be younger than 8 weeks old. Dogs that are showcased for adoption shall not be kept overnight at a pet store. Subd. 4. Certificate of Source A. A pet store shall post and maintain a Certificate of Source in a conspicuous place on or within three feet of each dog's or cat's kennel, cage, or enclosure. B. A Certificate of Source shall be provided to the adopter of any dog or cat. C. Certificate of Source records for each dog or cat shall be maintained by a pet store for at least one year from the last date that a dog or cat appeared in the store. D. Pet Stores shall make Certificates of Source immediately available for review upon the request of a peace officer or animal control authority, or a humane agent pursuant to Minnesota Statutes section 343.06 acting on behalf of the City. Subd. 5. Inspection A. Upon prior notice to the owner or occupant of a pet store, a City employee is authorized hereby to inspect the pet store for the purpose of ensuring compliance with this Section. Subd. 6. Violation It shall be deemed a violation of this Section for any person to: A. Falsify a Certificate of Source. B. Resist, impede or hinder a City employee in the performance of his or her duties in inspecting any pet store. Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99 entitled "Violation a Misdemeanor or Petty Misdemeanor"are hereby adopted in their entirety,by reference, as though repeated verbatim herein. Section 3. This ordinance shall be in effect from and after the date of its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of April, 2018, and finally read and adopted and ordered published at a regular meeting of the City of Eden Prairie on the day of , 2018. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor Published in the Eden Prairie News on the day of , 2018. Final published Roseville pet store ordinance http ://www . cityofroseville . com/ DocumentCenter/View/23599 CHAPTER 501 ANIMAL CONTROL SECTION : 501 . 01 : Definitions 501 . 02 : Confinement of Animals 501 . 03 : Certain Animals Declared Nuisance 501 . 04 : Complaints 501 . 05 : Animals Forbidden Motels - Repealed 501 . 06 : License Required 501 . 07 : Issuance of Tags 501 . 08 : Affixing Tags 501 . 09 : Records 501 . 10 : Impounding 501 . 11 : Redemption 501 . 12 : Permissible Return of Unrestrained Animal 501 . 13 : Disposition of Unclaimed Dogs or Cats 501 . 14 : Impoundment Establishment 501 . 15 : Muzzling 501 . 16 : Dangerous Animals 501 . 17 : Attack by an Animal 501 . 18 : Summary Destruction of Certain Animals 501 . 19 : Kennels 501 . 20 : Special Multiple Dog Licenses - Repealed 501 . 21 : Riding Horses 501 . 22 : Cleanup 501 . 23 : Wild Animals 501 . 24 : Owner Obligation for Proper Care 501 . 25 : Pet Stores 501 . 26 : Enforcements 501 . 25 : PET STORES : The City Council finds that a significant number of puppies and kittens sold at pet stores come from large-scale, commercial breeding facilities where the health and welfare of the animals are not adequately provided for; and The City Council finds that the documented abuses endemic to mass breeding facilities include over- breeding; inbreeding; minimal to no-existent veterinary care; lack of adequate and nutritious food, water and shelter; lack of socialization; lack of adequate space; lack of adequate exercise; no or limited screening of genetic diseases; inadequate transportation and shipping protocols of puppies and kittens; and indiscriminate disposal of breeding dogs and cats who have reached the end of their profitable breeding cycle; and The City Council finds that inhumane conditions in mass breeding facilities lead to health and behavioral issues in the animals bred in those facilities, which many consumers are unaware of when purchasing animals from pet stores due to both a lack of education on the issue and misleading tactics of pet stores in some cases. These health and behavioral issues, which may not present themselves until sometime after the purchase of the animals, can impose exorbitant financial and emotional costs on consumers; and The City Council finds that current Federal and State regulations do not properly address the sale of dogs and cats in pet stores, while the City of Roseville does not possess adequate resources to safeguard the health and well being of dogs and cats at the point of sale; and The City Council finds that due in large part to pet overpopulation, numerous dogs and cats are euthanized. Restricting the retail sale of puppies and kittens is likely to increase demand from animal shelters and rescue organizations; and The City Council finds that across the country, thousands of independent pet stores as well as large chains operate profitably with a business model focused on the sale of pet services and supplies and not the sale of commercially bred dogs or cats. Many of these stores collaborate with local animal shelters and rescue organizations to offer space and support for showcasing adoptable homeless pets on their premises; and The City Council finds that this Ordinance will not adversely impact consumers' ability to obtain a dog or cat of their choke directly from an animal shelter, or breed-specific rescue organization, or from a breeder where the consumer can see directly the conditions in which the dogs or cats are bred or can confer directly with the breeder concerning those conditions; and The City Council finds that it is in the best interest of the City of Roseville to adopt reasonable regulations to help prevent inhumane breeding conditions, promote community awareness of animal welfare, and foster a more human environment in the City. A . No pet store shall sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of cats or dogs . B . Nothing in this section shall prohibit pet stores from collaborating with animal shelters, animal rescue organizations, and animal control authorities to offer space for such entities to showcase adoptable dogs and cats inside pet stores . Such animals shall not be younger than 8 weeks old . Dogs that are showcased for adoption shall not be kept overnight at a pet store . C. A pet store shall post and maintain a Certificate of Source in a conspicuous place on or within three feet of each dog' s or cat's kennel, cage, or enclosure . 1 . A Certificate of Source shall be provided to the adopter of any dog or cat . 2 . Certificate of Source records for each dog or cat shall be maintained by a pet store for at least one year from the last date that a dog or cat appeared in the store . 3 . Pet Stores shall make Certificates of Source immediately available for review upon the request of a peace, officer or animal control authority, or a humane agent pursuant to Minnesota Statutes section 343 . 06 acting on behalf of the City. 4. Falsification of a Certificate of Source shall be deemed a violation of this section . D . A violation of this section shall constitute an Administrative Offense under Section 102 . 01 . 0 of City Code and subject the Pet Store Operator to the procedures and penalties contained therin . ( Ord . 1519 03- 13 -17 ) 501 . 26 : ENFORCEMENT: Any community service officer, reserve officer or police officer may enter upon private land where there is reasonable cause to believe this Chapter is being violated . ( Ord . 1078, 6-25 - 1990) ( Ord . 1355 , 11- 19- 2007) ( Ord . 1453, 10-21-2013 ) Humane Pet Store Ordinance The need : Enact a humane pet store ordinance to put safeguards in place that protect animal welfare and consumers and that reflect community values . What is needed : A pet store ordinance that prohibits pet stores from selling dogs and cats acquired from mass breeding facilities while allowing the stores to host adoption events with animal shelters and rescues . Why it is needed : There is a well -documented and indisputable link between puppy and kitten mills and pet stores . Currently many Minnesota cities' pet. stores do not sell dogs and cats from commercial breeding facilities but there is often nothing in local ordinances to prevent it . By passing a humane pet store ordinance that prohibits the sale of dogs and cats from commercial breeding facilities while allowing the stores to host adoption events with animal shelters and rescues, cities will : • protect animals from neglect and cruelty — in pet stores and in mass breeding facilities where dogs and cats are acquired ; • protect consumers from economic and emotional harm when a sickly animal is purchased or when they unknowingly support a cruel industry; • encourage the public to adopt homeless animals or seek out reputable breeders who take excellent care of their dogs and cats; and • uphold the values of residents and promote your city as a humane community . How it works : This ordinance allows pet stores to sell quality products and services and host pet adoption events at their store in conjunction with area shelters and rescues . These adoption events not only help decrease pet overpopulation and homelessness, they also encourage those who adopt to purchase the products and services they need from the pet store . The model does not impose a costly regulatory burden on the city and is business- friendly . If there are currently no pet stores in the city selling dogs and cats, an updated ordinance will prevent stores with this inhumane model from moving in . In addition to ° safeguards for animals and consumers, the ordinance offers an opportunity to avoid unfortunate public backlash and negative media attention other Minnesota cities that allow the pet store sale of dogs and cats from commercial breeding facilities have weathered when sick or dying puppies or kittens are purchased at pet stores . BACKGROUND AND CONTEXT Multiple cities throughout the nation have recognized the need to address the problem of selling dogs and cats through pet stores that have been obtained from puppy and kitten mills . Pet shop ordinances have been passed in over 240 localities across the U . S . , including Roseville, MN, Los Angeles, Chicago, and Boston . Puppy and kitten mills : Puppy and kitten mills are inhumane commercial breeding facilities that disregard the health and well - being of the animals to maintain a low overhead and increase profits . The focus of such facilities is the mass production of animals for re-sale to pet stores . Pet stores buy from both licensed and unlicensed pet breeders and brokers . Federal licensing does not ensure healthy and safe conditions for the animals . USDA requirements are known as "survival standards, " allowing dogs to be kept in cramped, stacked, wire cages for their entire lives, often in extreme temperatures, denied basic veterinary care, and bred continuously . Mass breeding- pet store link : There is a well -documented and indisputable link between puppy and - - thrive on pet store sales kitten mills ( mass breeding facilities ) and pet stores. Puppy and kitten mills because pet stores, as the distribution outlet, allow cruelty to remain hidden from the public . Investigations consistently reveal that pet stores mislead consumers by claiming they obtain puppies from small-scale humane breeders . In reality that option does not exist, because responsible breeders do not sell to pet stores . A review of the Codes of Ethics for the National Breed Clubs representing all 178 dog breeds recognized by the American Kennel Club found that 96% of those National Clubs include statements that their breeders should not and/or do not sell to pet stores . Sick and behaviorally challenged puppies : Not only are pet store consumers unknowingly supporting puppy and kitten mills, they often end up dealing with the financial and emotional burden of having a sick or difficult pet. Pet store puppies are often sick because they are born into deplorable conditions, taken from their mothers very early, exposed to a wide range of diseases, and are susceptible to genetic disorders . In addition, a study from the Journal of Veterinary Medicine concluded that puppies should not be obtained from pet stores because dogs are more likely to exhibit many undesirable behavioral characteristics, including aggression and biting . Humane model : An alternative humane model has been adopted by numerous pet stores in Minnesota and throughout the nation, where, instead of acquiring and selling dogs and cats obtained from puppy and kitten mills, the pet store hosts adoption events by working with local animal rescues and shelters . These events help decrease pet overpopulation and homelessness, and encourage those who adopt to use the products and services offered at the store . Pet stores that convert to such a model have proven success as well as a better reputation in the community. For instance, PetSmart and Petco both host dog and cat adoption events at their store and they are the two most successful pet store chains in the country . There is a great community of shelters, rescues, and responsible breeders in Minnesota , providing numerous options for a consumer to obtain the dog or cat of his or her choice . / Firearm Reg u la tio n Richard F. Rosow, Eden Prairie City Attorney GREGERSON ROSOW JOHNSON & PiII.AN � cond Amendment " A well regulated Militia , being necessary to the security of a free State , the right of the people to keep and bear Arms, shall not be infringed ." U.S. Const., Amend . II. State Law Governs " The legislature preempts all authority of a home rule or statutory city including a city of the first class, county, town , municipal corporation , or other governmental subdivision , or any of their instrumentalities, to regulate firearms, ammunition , ortheir respective componentsto the complete exclusion of any order, ordinance or regulation by them except that: (a ) a government subdivision may regulate the discharge of firearms; (b ) A government subdivision may adopt regulationsthat are identical to state law . Local regulation inconsistent with this section is void ." Minn . Sta t. § 471 .633 I Zoning Exceptions to State Preemption A city may regulate by reasonable , nondiscriminatory, and nonarbitraryzoning ordinances, the location of businesseswhere firearmsare sold by a firearmsdealer. � Minn . Scat. §§ 471 .633, 471 .635. State Regulation of Firearm Sales To sell firearmsin Minnesota , a person must hold a Federal Firearms License . Minn . Stat. § 624.71 , subd . 1 . To buy a pistol or semiautomatic military-style assault weapon , a person must apply fora " transferee permit" from the local police orsheriff' soffice , which will then perform a seriesof background checksto ensure the buyer iseligible to possossa firearm . Minn . Stat. § 624.7131 . No permit isrequired to purchase ortransfer most long guns, such asriflesor shotguns. To purchase a long gun from a federally licensed dealer, the buyer must undergo a background check. Machine Gun Ban " Whoever owns, possesses, oroperatesa machine gun , any trigger activatoror machine gun conversion kit, ora short-barreled shotgun may be sentenced to imprisonment for not more than five yearsorto payment of a fine of not more than $10,000, or both ." Minn . Stat. § 609.67, subd . 2. A " triggeractivator" is " a removable manual or power driven trigger activating device constructed and designed so that, when attached to a firearm , the rate at which the trigger may be pulled increasesand the rate of fire of the firearm increasesto that of a machine gun ." Subd . 1 (d ). Bump Stocks - A " bump stock" isa device used on semi-automatic weapons to speed up the firing process. It allowsthe triggerfingerto stay in place while the part of the gun against the shoulder uses the recoil to fire repeatedly — similarto a fully automatic rifle . Used in LasVegasshooting in October2017 Unclear if a bump stock would meet the definition of a " trigger activator" underthe machine gun ban . Bill currently pending in the Minnesota legislature would clarify that a bump stock isa " trigger activator" and thusbanned under Minnesota law . I Discharge of FirearmsWithin the City City Code § 9.40, adopted in 1989, regulatesthe discharge of firearms within the City Allowsdischarge of a firearm " when done in lawful defense of person , property or family or by law enforcement personnel executing their official duties." " No person may fire ordischarge a firearm ordischarge or use any dangerousweapon without first securing a permit from the City." Permitsmay only be granted fordischarge in certain areas. Other limitationsapply, including prohibiting any discharge within 1000feet of building or roadway. I Zoning Regulations The City may regulate the location of businesseswhere firearmsare sold by a firearmsdealerthrough a zoning ordinance , so long asthe ordinance is not unreasonable , discriminatory, or arbitrary. � A " firearmsdealer" isa person who isfederally licensed to sell firearms. � If the ordinance ischallenged asa violation of due processor equal protection , the person challenging the ordinance must prove that the ordinance is not rationally related to a legitimate government interest. I ZoningRegulations Examplesof zoning ordinancesthat have been upheld by courts: Requiring firearmsdealersto apply fora CUP and locate in particular zones " sufficiently distant from day care centers a nd churches." Koscielski v. City of Minneapolis, 435 F. 3d 898 (8th Cir. 2006) \ Prohibiting gun shopswithin 1 ,000 feet of certain protected uses. Perkins v. City of St. Paul, 982 F. Spp . 652 (D. Minn . 1997). Required � curityMeasures for Firearms Dealers Small firearmsdealer A firearmsdealerwho operatesa retail businessat which no more than 50 p into is a re displayed for sale at any time . Large firearmsdealer A firearmsdealerwho operatesa retail businessat which more than 50 \ p into is a re displayed fo r sa le at any time . Minn . Stat. 624.7161 , subd . 1 . I Small Firearms Dealers After business hours, all pistolsmust be placed locked safe or locked steel gun cabinet , oron a locked , hardened steel rod orcable that runsthrough the pistol' striggerguard . The safe , gun cabinet , rod , or cable must be anchored to prevent itsremovalfrom the premises. Electronic security system . Minn . Stat. 624.7161 , subd . 2. I Large FirearmsDealers Must install vehicle-resistant barriersto prevent the penetration of the place of business by a motorvehicle . Barriers must protect any areasthat are accessible to vehiclesand that have a free run distance of 50 feet or more . Additional requirementsfor securing perimeterdoors, windows, and roomswhere pistolsare stored after hours. � Electronic security system . Minn . Rule 7504.0300 Sh e e Is ........„,„ -\\ . ....4111111111111 ' MIN 1111 IIIIIIIIIII ilill1111111111/11 - - 11111111H .. .mall ..... [Lir. smi- IIIiii11111111IN pi .. . , _.. r - 1.111111,ior: ... --' 41%---r-.- -: --" . I *. --• --..:_.,._ ; -. ._,, •_-.:;:. -.. :-.-',...,...., ar la 7'• le A. z-V.---- . . . V . . 71,1- - _ --_...._ -7- . -_ ..,.. . - :; "...: ...' — - _ . _- --.•. ..- _ iminiel 7 - - - i 1 . .• .. _ .... -_, - , ----.--7- ---• -,...,'HI,,,,rrl.1 ..riEFOIMI r. . - W.. -----'- --- -- - - • - .• ---- - , -r • Allmnsir". .......... . .,....., -...1- 4..1-1.;: ri.- _ heels •• . ' --• . . _ . 7 • - - • . .9• •- •• •• • . • • • • • • • :III •••• . • •I •- • 1 I 1 1 5 f . .21 • •. _ .11. • m• • P ••.-11. • - - • •'_ . • 'r - - - - . •• •.• • : • '11 • I.1 • •.1 IL firell OA I ye-0k , ,• I. ri •1•4-•• - 1M111.1 1).1 141 wheels _ilk . C r w oG TAD` 4 1'K++i w G wT +.+IO�= ��4J ------rVL4 TNIGr4is0 akrr r�x . —VAPOR +aa a+�a� ye fG a Dv I2 k X X 11111111 2 1111 ca+ac sire T ari�e.�se- 3se 3lRuc AWra +-.�...-w s.r.. v--41111 REfAR p �R� A a.2 S sWALL SECTION CALE 1,7=V-D" — 16 17 Gander. •410.:Z1+17.11. h6 c..%.. _..-pa. ••. A-• • N_ D• 1IE1,1 •... • .'_M TN 1I1 111 in" :( 4. T 4\ . t.7 " • • • An. a• 4.•mmailhar,10=411M1.1. . - • t •____ • "Fr eVitiW.diho•m-* 42' • 4110 CP— • •-.0' • '41P— foiS men ir ._ _ - Arnzen Arm s ;. . •a. 111 111 4111 a 1r ill et" •06 k iftwkil - - 11 Vi ) 111111.11.01 • ILL C ity of Deerfield , IIIinoisAssauItWeaponsBan In 2013, the Illinois Legislature passed a law providing for state regulation of assault weapons. However, it gave citiesa 10-day window to pass ordinances regulating the possession or ownership of assault weapons. The law provided that such ordinances, and amendments to those ordinances, would not be preempted under the new law . Deerfield passed an ordinance during that 10-day window regulating , but not banning , assault weapons. In April 2018, the city amended the ordinance to completely ban assault weapons. A similarordinance passed by the City of Highland Park, Illinoisunderthe 2013 law was upheld by the Seventh Circuit Court of Appeals, as not violating the Second Amendment. Friedman v. City of Highland Park, III. 784 F.3d 406 (7th Cir. 2015). Lawsuit against Deerfield wasfiled shortly after the Deerfield ordinance was enacted challenging that the ban isnot an " amendment" under the 2013 law and should be preempted by state law . • Addendum Prohibitionson Possession of a Firearm (including a pistol, semiautomatic weapon , or ammunition ) Orderfor protection violation while possessing a dangerousweapon Convictionsforfifth degree assault, domestic assault, orstalking if a firearm was used , or conviction of any " crime of violence" A ny person under 18, with certain exceptions Judicial determination of mentally ill, developmentally disabled , or chemically dependent Conviction of misdemeanor orgrossmisdemeanorwithin last 3 years Conviction for assault of family or household member if firearm was used Nonresident alien (except lawful hunting ) Restricted from possessing a firearm by judge asa condition of bail Prohibited under federal law Minn. Stat. § 624.714