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HomeMy WebLinkAboutCity Council - 10/02/2018 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 2, 2018 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief James DeMann, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Katie O'Connor Workshop-Heritage Rooms I and H(5:00) I. URBAN LAND INSTITUTE OF MN DEVELOPMENT PANEL Open Podium - Council Chamber (6:30) II. OPEN PODIUM A. CHERI WHITE —KOPESKY DEVELOPMENT TRAIL B. VICKY GOLDEN SMITH— BROADMOOR APARTMENT GROUP III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 2, 2018 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 18, 2018 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 18, 2018 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. CODE AMENDMENT —CHAPTER 11 TRANSIT ORIENTED DEVELOPMENT (TOD)/TOWN CENTER(TC)by City of Eden Prairie. Ratify Approval of Summary Ordinance to Amend City Code Chapter 11 for Consistency Beteween the TOD and TC Zoning Districts; Resolution Approving Summary Ordinance (Summary Ordinance for publication; Resolution) C. ADOPT RESOLUTION APPROVING APPOINTMENT OF ELECTION JUDGES AND STUDENT ELECTION JUDGES FOR GENERAL ELECTION D. ADOPT RESOLUTION APPROVING HENNEPIN COUNTY HOUSING AUTHORITY'S PARTICIPATION IN AN EDEN PRAIRIE AFFORDABLE HOUSING PROJECT CITY COUNCIL AGENDA October 2, 2018 Page 2 E. AWARD CONTRACT TO HTPO FOR DESIGN OF NEW CITY YARD WASTE DROP OFF SITE F. APPROVE AGREEMENT WITH SRF CONSULTING GROUP FOR EDEN PRAIRIE ROAD EXTENSION TO FLYING CLOUD DRIVE PROJECT G. ADOPT RESOLUTION AWARDING CONTRACT TO VEIT & COMPANY, INC. FOR EDEN PRAIRIE ROAD EXTENSION TO FLYING CLOUD DRIVE IMPROVEMENT PROJECT H. APPROVE CONTRACT WITH TOUCHPOINT LOGIC LLC FOR COUNCIL CHAMBERS LIGHTING UPGRADE AND REDESIGN IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: September 28, 2018 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, October 2, 2018 TUESDAY, OCTOBER 2, 2018 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium,please contact the City Manager's Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 18, 2018 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 18, 2018 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-H on the Consent Calendar. ANNOTATED AGENDA October 2, 2018 Page 2 A. CLERK'S LICENSE LIST B. CODE AMENDMENT—CHAPTER 11 TRANSIT ORIENTED DEVELOPMENT (TOD)/TOWN CENTER(TC)by City of Eden Prairie. Ratify Approval of Summary Ordinance to Amend City Code Chapter 11 for Consistency Beteween the TOD and TC Zoning Districts; Resolution Approving Summary Ordinance (Summary Ordinance for publication; Resolution) C. ADOPT RESOLUTION APPROVING APPOINTMENT OF ELECTION JUDGES AND STUDENT ELECTION JUDGES FOR GENERAL ELECTION D. ADOPT RESOLUTION APPROVING HENNEPIN COUNTY HOUSING AUTHORITY'S PARTICIPATION IN AN EDEN PRAIRIE AFFORDABLE HOUSING PROJECT E. AWARD CONTRACT TO HTPO FOR DESIGN OF NEW CITY YARD WASTE DROP OFF SITE F. APPROVE AGREEMENT WITH SRF CONSULTING GROUP FOR EDEN PRAIRIE ROAD EXTENSION TO FLYING CLOUD DRIVE PROJECT G. ADOPT RESOLUTION AWARDING CONTRACT TO VEIT & COMPANY, INC. FOR EDEN PRAIRIE ROAD EXTENSION TO FLYING CLOUD DRIVE IMPROVEMENT PROJECT H. APPROVE CONTRACT WITH TOUCHPOINT LOGIC LLC FOR COUNCIL CHAMBERS LIGHTING UPGRADE AND REDESIGN IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER ANNOTATED AGENDA October 2, 2018 Page 3 C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. ITEM NO. VI. A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 18, 2018 CITY CENTER 5:00—6:25 PM,HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Acting Mayor Ron Case, Council Members Brad Aho, Sherry Butcher Wickstrom, and Kathy Nelson 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 GUESTS: Eden Prairie Historical Society Workshop-Heritage Rooms I and II(5:30) I. EDEN PRAIRIE HISTORICAL SOCIETY Acting Mayor Ron Case called the meeting to order in Mayor Tyra-Lukens' absence. Council Member Butcher Wickstrom is absent. Eden Prairie Historical Society President Kathie Case reported the Historical Society will celebrate its 50th anniversary in 2019. Helen Holden Anderson founded the Eden Prairie Historical Society(EPHS) in 1969. On November 24 at 6 p.m., EPHS will host its first ever tree lighting ceremony at the Cummins-Phipps Grill House with the theme of"sharing tree." There will be santa, a donated tree from the Optimist Club, a donation collection for local nonprofits, and hopefully a portrayal of Mattie and J.R. Cummins by the Eden Prairie Players EPHS has grown their board and currently has 14 board members. Every month, board members have taken turns writing articles on Eden Prairie's history for local newspapers. Currently they are working to solidify a Legacy grant for software that has capabilities to store and share historic artifacts and documentation. Lastly, EPHS would like to collaborate with the Heritage Preservation Commission(HPC) on the Dorenkemper House to make it more open and available to the public. Council Member Aho asked if they are using an existing tree as the sharing tree. Kathie Case responded the Optimist Club is donating an off-site tree for the ceremony. Kathie Case added EPHS is beginning to utilize the Cummins-Phipps Grill House for nonprofit meetings and events. Case inquired what relationship EPHS would ideally like to see moving forward with the City. Kathie Case responded working with staff has been very beneficial and continued communication is greatly appreciated on projects and grant applications. The EPHS is City Council Workshop Minutes September 18, 2018 Page 2 working hard to utilize the lease for the Cummins-Phipps Grill House, continue historical documentation, and maintain the museum. II. HISTORICAL PROPERTY UPDATE Heritage Preservation Commission(HPC) Liaison, Lori Creamer,presented an update on the City's historical properties. The Riley-Jacques phase two of the Legacy grant sign installation has been completed. Facilities Manager Paul Sticha stated the buildings are in fairly good shape. Sticha stated the Smith Douglas More House has had a lot of ongoing maintenance over the last year including exterior touch ups, parking lot updates, and mechanical updates. Aho inquired if the kitchen facility expansion has taken place. Sticha responded there is still a desire to expand, and the City is waiting on any further steps. Aho inquired if the cost would be to the City. Sticha responded the kitchen appliances and components would be the lessee's responsibility, but some of the mechanical components may be the City's responsibility. City Manager Getschow added staff would need to revisit the lease. Council Member Nelson inquired if the parking lot is large enough to accommodate the business. Sticha commented he has seen the parking lot both full and fairly empty. Historical Society Board Member Honaas-Wildfang inquired if there is a possibility the funeral home would have an agreement allowing stairs to the business from their lot. Community Development Director Jeremiah responded this had been attempted in the past. Case inquired if the Smith Douglas More interior flooring will be painted. Sticha stated the lease states it's the tenant's responsibility to maintain the flooring. There have been quotes provided, but they are upwards of$10,000. Case inquired if it is possible to incentivize the completion of this project. Creamer noted grants have been sought, but unfortunately maintenance is not a funded expense. Creamer stated Miller Dunwiddie Architects completed the plans and specifications for restoring the upstairs of the Cummins-Phipps Grill House in 2017. The City has applied for a large Legacy grant to complete the restoration work,potentially starting early 2019. Parks and Recreation Director Lotthammer stated Minnesota River Vista work will tentatively begin October 24 with completion of the project in 2019. Heritage Preservation Commissioner inquired if some of the stone will be harvested from the previous roadside rest and incorporated in the MN River Vista project. Lotthammer responded staff will oversee that it is incorporated, and hopefully there will be a marker indicating its significance. Lotthammer stated in September 2017 Council moved ahead with a condition assessment for Camp Edenwood. Since the report was finalized, Lotthammer and Sticha have held several meetings with True Friends to discuss the necessary changes. True Friends has been encouraged to do basic maintenance on the property immediately, and staff have helped identify contractors who could complete the work. This maintenance is part of the agreement of the no-cost lease. The City's intent is to make sure the buildings are cared for and preserved so they do not deteriorate. City Council Workshop Minutes September 18, 2018 Page 3 Nelson stated it needs to be made clear maintenance is of high priority. Nelson inquired how long the lease runs. Lotthammer responded their lease expires in 2037. Nelson added when a residential house does not maintain their exterior, the City does the work and assesses them. Case noted Council would like an update in the spring of the progress made. The expectation is updates would be completed by the end of summer 2019. Kathie Case added True Friends can apply for Legacy grants to assist these efforts. There are proper procedures for maintaining historic properties. Aho noted parking at Camp Edenwood is limited and inquired if parking could be expanded. Additionally, lighting in the parking lot is very poor. An alternate access should be considered for emergency vehicles. Lotthammer responded True Friends had considered expansion of the parking lot. The challenge of the layout and additional costs detoured them. Case added there is interest in knowing what funding is available to help with maintenance. Creamer stated last year a grant was received for a phase one archeology study of Town of Hennepin. The Yorkville/Bloomington Road was discovered. HPC is looking for guidance whether to apply for a National Register listing. Creamer stated the listing would need to include the entire road, both in and outside the City. If a National Register listing is pursued, the City would need participation from the property owners. Options moving forward would be to apply for a phase two archeology study, involve private and public property owners, or take no action at this time. Aho inquired what the benefit is of a National Register listing. Creamer responded in the future there is potential for signage to be installed at the site. Aho inquired what the impact is to private property owners. Creamer responded there is likely no impact to property owners and the management of their land. Nelson inquired if there are other segments of the road. HPC Commissioner stated, in his opinion, this road was built in 1863 in the same location as the Ox-Cart Trail. Getschow stated Council feedback is desired whether to move forward with holding a neighborhood meeting. Aho stated a discussion would need to be had with property owners so they are made aware. Nelson stated if property owners are opposed to a National Register listing, a sign could be displayed on a portion of the road on City property. Case responded he does not favor expending more energy on this item at this time, but he would like to see research conducted for a kiosk describing various historical locations. Creamer asked for feedback on the Flying Red Horse restoration project. HPC has raised $22,000 from street sign sales. There are options for restoration such as restore completely back to the original state, restore using up to date materials and LED lighting, or restore the monument without lighting. Funding would vary based on which restoration option is selected. Some possible locations are Round Lake Park or a light rail station. Aho inquired what the cost is to restore the monument. Lotthammer responded depending on the methodology it could cost $40,000-$55,000. Open Podium - Council Chamber(6:30) III. OPEN PODIUM City Council Workshop Minutes September 18, 2018 Page 4 A. MARK GAGSTEDT AND JOHN DENNIS—JUNIOR NATIONAL ADAPTIVE SPORTS CHAMPIONSHIP Mark Gagstedt, 8949 Darnel Prairie Rd, and John Dennis, 5129 Lesley Lane, stated the Junior National Championships for Adaptive Sports USA will be held in Eden Prairie the third week of July 2019 at the Eden Prairie High School and the Community Center. Case inquired about the size of the event. Gagstedt responded 300-400 children from around the United States compete. Dennis stated there was representation from about 36 states last year. Case encouraged they also present to the Eden Prairie School Board if they haven't already. Case inquired what an ideal relationship with the City would be. Dennis responded Dare2tri is an adaptive triathlon, which may require coordinating road closures. Any funding contributions would be helpful. Aho added there are likely many businesses that would be interested in sponsorship. Dennis added there are other opportunities to be involved. The opening ceremony will be at the high school, and they are looking for key note speakers. Last year the Mayor of the city spoke at the opening ceremony. No contribution is too small. IV. ADJOURNMENT ITEM NO.VI. B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 18, 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 Maggie Neuville, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Acting Mayor Case called the meeting to order at 7:00 p.m. Mayor Tyra-Lukens and Council Member Butcher Wickstrom were absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS Acting Mayor Case said the next item will be a special presentation by the Eden Prairie Lions Club in honor of retiring Police Chief Jim DeMann. Mike Gust, Lions Club Historian, presented the Fellowship Award to Chief DeMann. Mr. Gust said the award is given to honor a member of the community who is a humanitarian and who has served to improve the quality of life in the community. Chief DeMann responded it has been a privilege and an honor to serve the City of Eden Prairie. A. GREEN STEP CITIES AWARDS by Diana McKeown of Great Plains Institute Case noted the City of Eden Prairie has been environmentally aware for many decades and most recently has participated in the Minnesota Green Step Cities program for the past seven years. Diana McKeown of Great Plains Institute presented the 2017 and 2018 Step 5 awards and a certification signed by the Executive Director of the League of Minnesota Cities to the Council Members. She noted Eden Prairie has been one of the leading cities every year since the program began in 2010. Step 5 is the highest level and Eden Prairie is one of only ten or fewer cities in the State to achieve level. CITY COUNCIL MINUTES September 18, 2018 Page 2 Case commented it is a great statement for the City Council members over the years and for staff that we have received so many top awards and recognition. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added Items XIV.A.1. and A.2. MOTION: Nelson moved, seconded by Aho, to approve the agenda as amended. Motion carried 3-0. VI. MINUTES A. COUNCIL WORKSHOP AND CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 4, 2018 MOTION: Aho moved, seconded by Nelson, to approve the minutes of the City Council workshop and the minutes of the City Council meeting held Tuesday, September 4, 2018, as published. Motion carried 3-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. CODE AMENDMENT—CHAPTER 11 TRANSIT ORIENTED DEVELOPMENT (TOD)/TOWN CENTER(TC)by City of Eden Prairie. Second Reading of Ordinance 18-2018 to amend City Code Chapter 11 for consistency between TOD and TC Zoning Districts; Resolution 2018-104 approving Summary Ordinance (Ordinance No. 18- 2018 to Amend City Code Chapter 11, Resolution No. 2018-104) C. ADOPT RESOLUTION NO. 2018-105 ACCEPTING ADVERTISING ITEMS AND AUTHORIZING DISPOSAL AS PROMOTIONAL ITEMS D. DECLARE OBSOLETE COMPUTER EQUIPMENT AS SURPLUS E. ADOPT RESOLUTION NO. 2018-106 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING HEARING DATE F. ADOPT RESOLUTION NO. 2018-107 APPROVING PUBLIC WORKS JOINT POWERS MUTUAL AID AGREEMENT G. APPROVE MASTER AGREEMENT FOR CONTRACT SERVICES WITH PARROTT CONTRACTING, INC. FOR WATER AND SEWER UTILITY LEAK REPAIRS CITY COUNCIL MINUTES September 18, 2018 Page 3 H. APPROVE MASTER AGREEMENT FOR CONTRACT SERVICES WITH VALLEY RICH COMPANY, INC. FOR WATER AND SEWER UTILITY LEAK REPAIRS I. APPROVE AMENDMENTS TO EDEN PRAIRIE FIRE RELIEF ASSOCIATION BYLAWS MOTION: Aho moved, seconded by Nelson, to approve Items A-I on the Consent Calendar. Case noted the Council Members are approving an important amendment to the Fire Relief Bylaws (Item VII.I.). The amendment has been thoroughly studied and vetted for many years. It has been passed by the legislature before and now has been signed into law. The amendment provides the flexibility to incentivize retirements. VOTE ON THE MOTION: Motion carried 3-0. IX. PUBLIC HEARINGS/MEETINGS X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho,Nelson, and Case voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Washout on Bike Trail Near Chanhassen Border—Acting Mayor Case Case said there has been a washout on the regional bike trail as it enters into Chanhassen from Eden Prairie. Ellis explained the part referred to is outside of Eden Prairie. Hennepin Rail Authority is the owner of the trail, and they have secured some funding from FEMA but are waiting to restore the trail until the spring or summer of 2019. Case asked if that information is available on our website. Lotthammer replied the information is on the Three Rivers Website, but we could also put a link to that information on the City's website., CITY COUNCIL MINUTES September 18, 2018 Page 4 2. Pedestrian Crossing Across Anderson Lakes Parkway from Homeward Hills Road—Acting Mayor Case Case said several residents have talked to him about the lack of a safe pedestrian crossing across Anderson Lakes Parkway from Homeward Hills Road to the school property. There is a tunnel located to the west about 100 feet from the intersection,but people from the eastern side of Homeward Hills try to cross the street anyway. In a bigger context, we have had discussions about being conscious of entry access into the Eden Prairie Center from areas to the south, and Preserve Boulevard is a major conduit to the mall. He would like to know if there are long term plans for the intersection because he thought a pedestrian crossing across Anderson Lakes Parkway might make sense as part of that planning. Ellis said the underpass is about 350 feet to the west of Homeward Hills Road and provides the safest alternative for crossing the road. Kids living in the neighborhoods along Preserve Boulevard have a signal light. He said staff has been out there this week observing the Anderson Lakes Parkway/Homeward Hills Road intersection and failed to see any children crossing Anderson Lakes Parkway during that time. He would be hesitant to recommend a marked crosswalk, but staff could reach out to the School District to get their perspective. The School District does have crossing guards at other schools in the City. Ellis said there is nothing included in the 10-year Capital Improvement Plan, but staff has discussed a few ideas, including the possibility of a round-about. There was also a question raised at the last Council meeting regarding traffic on Waterford Road, so this area might warrant further study. He also understood at some point in the past the School District made a decision to bus children south of Anderson Lakes Parkway. Nelson noted she lived in that area at one time, and there were crossing guards at Waterford before they started bussing the kids south of Anderson Lakes Parkway. B. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR C. REPORT OF PARKS AND RECREATION DIRECTOR 1. Staring Lake Park Building Concept Plan and Agreement with DSO Architecture for Building Construction Plans and Specifications Getschow said this item requests authorization of a professional services agreement for design plans for the Staring Lake Park building. Lotthammer said we previously contracted for concept planning for the project, and this is the next step needed to move forward with plans and specifications CITY COUNCIL MINUTES September 18, 2018 Page 5 that could be put out for bid. He gave a PowerPoint presentation reviewing the concepts for the building. He noted the parking lot is in very bad condition, but we held off on repairs because of the increased traffic through there by the contractors for the pickleball court project. The Staring Lake Park building serves the community in multiple seasons. The enhanced playground equipment and the new pickleball and tennis courts have increased the need for rest room facilities. The existing building is old and beyond its useful life. He reviewed the plans for the building and the timeline for the project. He said, if approved, staff would finish preparing the plans and specifications this year, would send the project out for bids in January and February 2019, and would begin construction in April 2019 with occupancy in November 2019. Nelson asked if the meeting room for 80 people is big enough. Lotthammer replied we have other facilities and meeting rooms throughout the system, and these plans actually push the capacity of the site. He believed the planned building fits into our system very well. Aho said he rented the building this summer for an event, and it is quite tired and out of date. He was pleased to see we are looking at making a change. MOTION: Nelson moved, seconded by Aho, to authorize entering into a Professional Services Agreement with DSO Architecture for Staring Lake Park building design plans and specifications. Motion carried 3-0. D. REPORT OF PUBLIC WORKS DIRECTOR 1. Approval of Layout,Appraisal Values and Easement Acquisition for Duck Lake Road Improvements (Resolution No. 2018-108) Getschow said the Duck Lake Road improvements are included in the City's Capital Improvement Plan, and the City Council previously authorized a final design contract for the project. This action approves the design layout for the project, adopts a resolution approving the appraisal values for the properties to be acquired, and authorizes the City Attorney and City Engineer to acquire the properties needed for the Project. Rod Rue, City Engineer, gave a PowerPoint reviewing the layout for the project. He said they are proposing to build a trail on the west side of the road and a sidewalk on the east side. The area through Duck Lake is a restricted area, and there has been a lot of discussion about having the pedestrian and bike trail through that area. The section of roadway through that area is very narrow with water on both sides of the road. Rue said staff held a neighborhood meeting in 2017 to gather information. There were concerns expressed about the safety of kids crossing to the school, and traffic backups that occur in and out of the school property. Staff brought the proposed layout to residents in April this year, and the plan received good CITY COUNCIL MINUTES September 18, 2018 Page 6 support from the neighborhood. Rue said the culvert that goes under the road is very small. The road is very near the water level, so water can go over the road quite easily. They are proposing to build a larger culvert to equalize the two sides and reduce flooding on the west side. Case asked about the crosswalk on the north side of South Shore Lane. Rue said it will be a marked crosswalk with no trail facility. Ellis said there are no ramps or sidewalks on the east side. Case asked if the crosswalk should be placed on the other side. Rue said they are proposing to surcharge the area between the lakes by adding material over a period of three months in summer 2019 after school is out. The final surcharge would go over the entire road and would need to be there at least six months. Then in 2020 they would remove the surcharge and build the rest of the project. Case asked if we will cover some wetlands with the trail. Rue responded there will be about 20 acres of wetland mitigation required. Case asked if we still have some land to the west to use for mitigation purposes. Rue replied we do have that land; however, the amount used for this project would come out of the Federal bank. He reviewed the types of wetland impacted by the project. He noted there is an impact to some homes in the area that are low relative to the lake level. Staff is proposing a drain tile system that has a culvert at the end of the lake. That would provide a balancing of the water level from the lakes and will mean water won't come over the road as much. Case asked if we have an easement in that area. Rue replied we do have a drainage and utility easement, and staff will work with the property owners to get right of entry. Rue said the construction of the project will cost a little less than $2,000,000, and the total including the engineering, right-of-way costs and soil testing will be about $2,700,000. Most of the cost would come from State aid. He reviewed the easements needed for the project, and noted one requirement would be to acquire permanent easements from the properties we have identified that we need for right-of-way. There also is a requirement for an easement from the School District. Aho said there is a property at the southwest corner of the intersection of Duck Lake Trail and Duck Lake Road where there is not a very large distance between the garage and Duck Lake Road. That resident has concerns that if we widen the road there and put a trail across the driveway he will be left with no place to park vehicles. He asked if he would be able to park on the trail running across his driveway. Rue said staff could look at making some adjustments. Aho said there is a City sidewalk on the other side of the street at that point and the CITY COUNCIL MINUTES September 18, 2018 Page 7 resident asked if we really need to add a trail on the west side of the road. Rue replied staff would like to see some continuity there and would like to have some type of facilities on both sides of the road. A trail is used by bikes and pedestrians while a sidewalk is just for pedestrians. Aho suggested staff look at that corner a little more and work with the property owner to find a solution because he could understand the property owner's concern that he will have no parking area at all. Rue said staff could look at making an adjustment. Aho said a trail built on the west side of the lake will cover a lot more water than it would on the east side and asked if we could locate the trail on the east side. Rue replied staff chose the west side because the water is shallower there and would require less soil correction and fewer easements. Aho asked if we could keep it to the east side just before it gets to Peterborg Road and maybe cross over there. We could make the sidewalk into a trail and then continue it straight south just north of Peterborg. Case said there are a lot of properties that would be affected with any of the changes suggested. He thought it is generally best for the City to put a sidewalk on one side and a trail on the other side for major roads through the City. He understood that may not work for this project. He would like to see us concentrate on the west side because of the school, and the bike trail should go down the west side. In general, he would prefer to push pedestrians to the west side as a safer route to the school. Nelson thought it would be good to keep the trail towards the school,but we also have a property owner who will need some help. We need to do something so the homeowner can utilize his driveway. There are two streets going along that property, and there would be an impact to the owner's street address if the driveway were to be relocated to the other street. Rue replied staff can look at the situation a little more closely. This project is in the layout stage, so we can look at the impact to that property and to other properties to the west of Duck Lake Trail. Case asked about putting the sidewalk on the east side of the road at the south end near the railroad crossing. Rue replied the rationale was to get a facility on both sides of the road as we do for major collector roads. He noted maintaining a trail is a lot easier than maintaining a sidewalk, and a trail allows easier snow removal. Ellis said there are a small number of elementary students from south of Valley View Road who cross the railroad tracks, and we have a sidewalk on the east side that could take them up to the entrance to Prairie View where there is a crossing guard. In addition, he noted this is one of the few roads in Eden Prairie that has some connectivity, so this is one road where we have a chance to do a complete street plan and provide facilities for walkers,bikers and drivers. Case asked if this might be an opportunity to put a wooden boardwalk on the east side of the road. Ellis said there are other agencies that would want to weigh in on the impact of a boardwalk to the water. He thought our parks CITY COUNCIL MINUTES September 18, 2018 Page 8 facilities would tell us it is a very difficult facility to maintain in the winter. There are some additional costs for that as well. Rue noted staff did an alternative analysis and found a pedestrian/boardwalk facility would be quite expensive. Case asked what kind of detail can be left open so we can vote tonight but have flexibility going forward. Ellis replied we are looking at whether the Council likes the concept of the road dimensions and agrees with the facilities being proposed on both sides of the road. There is still an opportunity to tweak things if we can work with the property owner on the southwest quadrant. Those things are on the table and are flexible. Staff needs to know if the Council agrees with the layout of the sidewalk and trails so we can move forward with the property owners. Case said he has questions about the sidewalk on the southeast corner and the homeowner's parking issue but was fine with having a bike trail on the west side. Nelson said she would like to include in the motion that staff look very closely at the property where the homeowner is losing his driveway space. Ellis said he understood staff should work with the homeowner to establish a usable driveway which would mean parking for three or four vehicles. Aho asked that staff be directed to come to a reasonable resolution of the problem with the property owner. MOTION: Aho moved, seconded by Nelson, to approve the layout dated September 11, 2018 and to adopt Resolution No. 2018-108 approving the appraisal values for the property acquisitions for the Duck Lake Road Improvements, City Project Number I.C. 17-5983 (the "Project") and authorizing the City Attorney and City Engineer to acquire the properties for the Project by direct negotiation or condemnation. Motion carried 3-0. E. REPORT OF POLICE CHIEF Case thanked Police Chief DeMann for his service to the community. F. REPORT OF FIRE CHIEF G. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Aho moved, seconded by Nelson,to adjourn the meeting. Motion carried 3-0. Acting Mayor Case adjourned the meeting at 8:13 p.m. CITY COUNCIL MINUTES September 18, 2018 Page 9 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 2, 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 Permit Amendment Organization: Eden Prairie Foxjet Swim Team Place: Flying Dutchman Spirits 6801 Flying Cloud Drive Date: October 27, 2018 (Original date September 29, 2018 approved by Council on 4/17/2018) Gambling/Bingo Permit Organization: International School Parent Association Place: International School of MN 6385 Beach Road Date: November 16, 2018 - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 2, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/Planning Code Amendment—Transit Oriented VIII.B. Janet Jeremiah/Angie Perera Development (TOD)/Town Center(TC) Requested Action Move to: • Adopt Resolution Approving the Summary Ordinance to Amend City Code Section 11.26 and 11.27 to address the TOD and TC zoning districts; and • Ordering the publication of said summary. Synopsis On September 18, 2018, the City Council authorized final approval of an ordinance relating to regulations for the Transit Oriented Development (TOD) and the Town Center (TC) zoning districts. The purpose of this agenda item is to ratify the vote since a 4/5 vote is required to approve the summary ordinance and to order the publication of said summary. Attachment Resolution& Summary Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 18-2018 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 18-2018 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 18th day of September, 2018. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 18-2018 is lengthy. B. The text of summary of Ordinance No. 18-2018, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance 18-2018 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on October 2, 2018. Nancy Tyra-Lukens, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk EXHIBIT A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE 18-2018 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.26, TRANSIT ORIENTED DEVELOPMENT AND SECTION 11.27, TOWN CENTER; 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 amends Chapter 11 relating to regulations for the Transit Oriented Development (TOD) and the Town Center(TC) zoning districts. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2018. (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 2, 2018 I DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Office of City Manager Resolution Approving Appointment of Election VIILC. Kathleen Porta, City Clerk Judges & Student Election Judges for the General Election Requested Action Adopt the resolution approving the appointment of election judges and student election judges for the November 6, 2018, General Election. Synopsis State Statute 204B.21, Subd.2 requires appointment of election judges by the City Council at least 25 days before the election. These judges are in addition to the ones approved at the July 17, 2018, City Council meeting. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as election judges be appointed by the Council at least 25 days before the election. BE IT RESOLVED by the City Council of the City of Eden Prairie that the following persons have agreed to serve as election judges, student judges,or alternate judges and are appointed for the General Election to be held November 6, 2018. Melissa Berman Nancy Geiger Diane McGowan Lisa Roger Burt Boudreaux Ronita Ghosh Paul Musegades Scott Turnbull Denise Christensen Elzbieta Haftek Bob Peterson Lane Wigley Mary Christenson Sherry Harms Mary Lou Peterson Jane Wittich David Curta Timothy Knaeble Donna Piras David Witzig Jean Daniels Stacy Koehler Charles Rank Students Gulled Abdi Uy Dang Poorva Halbe Sophie Morris Jacynda Alatoma Julianna Deibel Maggie Heil Jacqui Myles Vincent Annunziato Kaila Dierke Efrah Hussein Lauren Neel Stavan Bhakta Anna Feist Imani Johnson Saja Osman Dana Brue Noah Feist Lucas Kerin Macy Pedersen Margaret Burns Ellyse Ferlauto Anna Larionora Srihita Raju Jasmine Carter Alyssa Flippen Sydney Lewis Grace Rau Cecilia Casper Kathryn Fox Grace Lybeck Natalie Rowland Brianna Cruz Muna Galbayie Amin Mandi Nathan Seelig Caamano Miranda Gottlieb Govind Makaram Molly Sheehan Britney Cruz Leslie Guggisberg Ava Masse Claire Thompson Caamano Phoebe Gullingsrud Ahmed Mohamed Sophia Yusuf BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. ADOPTED by the Eden Prairie City Council on this 2nd day of October 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk I CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 2, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jonathan Stanley Resolution approving the participation of the VIII.D. Housing and Community Hennepin County Housing Authority in an Eden Services Prairie affordable housing project. Requested Action Move to: Adopt resolution approving participation of the Hennepin County Housing Authority in an Eden Prairie affordable housing project. Background The City has agreed to use Community Development Block Grant funds to assist with the purchase of Eden Prairie property by West Hennepin Affordable Housing Land Trust (WHAHLT). WHAHLT has also been approved to receive funding for this project by the Hennepin County Housing and Redevelopment Authority(HCHRA). The HCHRA needs City Council approval in order to go forward with the funding and completion of the financing for the project. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2018- RESOLUTION APPROVING THE PARTICIPATION OF THE HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY IN AN EDEN PRAIRIE AFFORDABLE HOUSING PROJECT WHEREAS, WHAHLT has also been approved for funding of this project by the Hennepin County Housing and Redevelopment Authority(HCHRA); and WHEREAS,the Hennepin County Housing and Redevelopment Authority(HCHRA) in Resolution No. 17-HCHRA-0020 has approved the use of a$200,000 Affordable Housing Incentive Fund(AHIF) loan for Homes Within Reach contingent upon the Eden Prairie City Council's consent to the HCHRA's participation in the project; and WHEREAS, The purchase of a minimum of six homes to be acquired for the Homes Within Reach program, of which multiple properties may be located within the city of Eden Prairie and the rest within suburban Hennepin County, will preserve the supply of affordable housing in the city by providing permanent affordability; and WHEREAS, the loan from the HCHRA will complete the financing required for the project to go forward. BE IT RESOLVED that the participation of the Hennepin County Housing and Redevelopment Authority in the project is hereby approved. ADOPTED by the Eden Prairie City Council on October 2, 2018. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 2, 2018 DEPARTMENT /DIVISION: ITEM DESCRIPTION: ITEM NO.: Public Works Approve Professional Services Agreement with VIII.E. Paul Schlueter/Fleet Services HTPO, Inc. for design of new City Yard Waste Drop Off Site Requested Action Move to: Approve Professional Services Agreement for design and construction services for a new Eden Prairie Yard Waste Drop Off Site to Hansen Thorpe Pellinen Olson, Inc. for a not to exceed cost of $85,750.00. Synopsis As part of the 2019 Capital Improvement Plan(CIP), City staff will be recommending funding to construct a $750,000.00 Yard Waste Drop Off Site at our current MOSS property located at 9811 Flying Cloud Drive. The requirements of this project will include constructing a new entrance to the property and constructing turn lanes on Flying Cloud Drive to provide safe access to and from the site. The City has been notified by Hennepin County that the adjacent section of Flying Cloud Drive is also scheduled for a pavement overlay by the County in 2019. In order for this proposed project to be completed in the most cost efficient manner, it is prudent that the City begin design work this fall so that our proposed improvements can be coordinated with the planned Hennepin County improvements to Flying Cloud Drive. City staff is requesting authorization to begin the design phase of the Yard Waste Site project so that proper coordination of the Flying Cloud Drive turn lane and paving activities can be accomplished. Funding for this project will be provided in the 2019 CIP budget that will be presented to City Council for approval later this year. Attachment Hansen Thorpe Pellinen Olson, Inc. (HTPO) contract Agreement for Professional Services 2017 06 01 Agreement for Professional Services This Agreement ("Agreement") is made on the 2nd day of October, 2018, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen Thorpe Pellinen Olson, Inc. ("Consultant"), a Minnesota corporation (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 Design and Construction Phase Services for a City Yard Waste Drop Off Site to be constructed on City property located at 9811 Flying Cloud Drive in Eden Prairie 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 October 2, 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 $85,750.00 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. 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 6of10 2017 06 01 this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen(15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in Page 7 of 10 2017 06 01 the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Page 8 of 10 2017 06 01 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations,rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. Page 9 of 10 2017 06 01 b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONSULTANT By: Its: Page 10 of 10 2017 06 01 Z -p 1 I Engineering-Surveying 1 Landscape Architecture 1 � J August 20, 2018 Mr. Paul Schlueter City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: MOSS Yard Waste Drop Off Site Dear Paul, Per the site meeting on July 9, 2018 and the provided Design Team Scope of Work, HTPO is pleased to provide this proposal for Land Surveying, Civil Engineering, and Landscape Architecture services for the design and construction of a yard waste drop off site at the City's Maintenance Outdoor Storage Site (MOSS).These improvements will include impervious surface for the new drop off area and site access driveway. In addition, improvements to the adjacent County road, including turn lanes in both directions,will require the County's involvement in the design and review processes. SCOPE OF SERVICES We propose to provide the following services: A. Preliminary Design- Fee includes preliminary design drawings, including site, grading&drainage, utility, and landscape plans and stormwater analysis for City Development Review processes. Includes up to 6 meetings with key staff for planning review, Planning Commission and City Council.Also includes a traffic impact memo, one site visit and preliminary cost estimate. B. Construction Documents- Fee includes final design drawings, specifications for contractor bidding, and managing the bidding process. This includes the preparation of the demolition, site layout/dimension control, grading&drainage, utility, landscape, erosion & sediment control plans and construction details. Includes stormwater management, SWPPP,watershed permit submittal, County coordination, and MAC/FAA coordination.Also includes up to 2 meetings with the design team/Hennepin County. 7510 Market Place Drive Eden Prairie, MN 55344 Phone: 952-829-0700 Fax: 952-829-7806 www.htpo.com HANSEN THORP PELLINEN OLSON, INC. Page 2 of 3 RE: MOSS Yard Waste Drop Off Site August 20, 2018 Electrical design will be provided by Stanley Consultants and include site power, security and lighting plans. C. Construction Phase- Includes contract execution, a preconstruction meeting, utility coordination, shop drawing review, answering contractor questions, and project closeout. Construction observation will include up to 8 site visits during critical construction times and to verify pay quantities, and a substantial completion inspection and punchlist.A one-time staking will be provided for construction limits/erosion control, pavement, bmp grading, and site feature layout. Also includes as-built survey of utility structures and BMPs and preparation of final as-built drawings. ASSUMPTIONS • A geotechnical evaluation will be provided by others. • Disturbed area will be approximately 10 acres and require a SWPPP. • Kiosk will be a prefabricated unit not requiring architectural design. • Traffic volumes will be available from the City of Plymouth. SCHEDULE We will commence our work upon your authorization to proceed. This proposal will remain valid for ninety days. We assume that all work will be completed in 2019. COMPENSATION Compensation for those items described in the Scope of Services above are estimated as follows: Services Fee A. Preliminary Design $24,000 B. Construction Documents $39,500 -Includes Electrical Subconsultant($6500) C. Construction Phase $20,750 -Includes Electrical Subconsultant($2750) D. Reimbursables $1,500 Total Fees and Expenses $85,750 REIMBURSABLE EXPENSES,ADDITIONAL SERVICES AND PAYMENT TERMS Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense, and reimbursable expenses incurred (printing, courier,and other out-of-house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days. Page 3 of 3 RE: MOSS Yard Waste Drop Off Site August 20, 2018 If you have any questions or need additional information please do not hesitate to contact us. Thank you for this opportunity to provide our services. Sincerely, HANSEN THORP PELLINEN OLSON, INC. / — °"44/ c)laieitt. Q. Aaron Carrell, P.E. Laurie A.Johnso , P.E. Project Manager President CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 2, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #13-5844 ITEM NO.: Rod Rue Approve Professional Services Agreement with VIII.F. Public Works/Engineering SRF Consulting Group, Inc. for Construction Administration Services for the Eden Prairie Road Extension Project Requested Action Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for Construction Administration Services for the Eden Prairie Road Extension to Flying Cloud Drive Project in the amount of$383,295. Synopsis This Professional Services Agreement will provide construction administration(including construction observation, surveying, and various documentation) services for the extension of Eden Prairie Road from approximately 500 feet south of Frederick Place to CSAH No. 61 (Flying Cloud Drive). The award of the construction contract is on the same city council agenda. The schedule anticipates that a majority of the construction will occur in 2019 with minimal construction in 2018. The utility construction schedule will be coordinated with the county's CSAH No. 61 (Flying Cloud Drive) city utility improvements. Background Information The City Council ordered the street and utility improvements and preparation of plans and specifications for the Eden Prairie Road Extension project on April 4, 2017. The plans and specifications were approved and advertisement for bids were ordered on July 17, 2018. The improvements include a re-aligned street, curb and gutter, retaining walls, storm sewer and water quality features, trail and resting areas, landscaping, sanitary sewer, lift station, forcemain, and watermain. Financial Implications The Professional Services Agreement with SRF Consulting Group has an estimated cost of $383,295. The construction cost estimate for this portion of the project is $2.62M with the total project cost being approximately$4.4M, which includes improvements associated with Hennepin County's CSAH No. 61 city utility improvements. The funding sources for the project will be Municipal State Aid, City Capital Utility funds, special assessments, and future connection fees. Attachment Professional Services Agreement 2017 06 01 Agreement for Professional Services This Agreement ("Agreement") is made on the 3rd day of October, 2018, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc. ("Consultant"), a Minnesota corporation (hereinafter "Consultant") whose business address is 1 Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4453. 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 Eden Prairie Road In-Construction Services hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (SRF Letter Proposal dated August 22, 2018) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from October 3, 2018 through December 31, 2021 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 $383,295.00 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. Version 2017 06 01 1 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 1 Exhibit A, the Consultant shall provide an itemized listing and such Page 2 of 10 2017 06 01 documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. Page 3 of 10 2017 06 01 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Page 4 of 10 2017 06 01 Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO faun 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 foiiu 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 7 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 Consultants 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 1 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. 36 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 8of10 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 scaled 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 SRF CONSULTING GROUP, INC. By: Paul Martens Its: Chief Financial Officer Page 10 of 10 2017 06 01 EXHIBIT A 1:1 g Sl2F?rs09.PPP August 22, 2018 Mr. Rod Rue,PE City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Subject: Proposal for Professional In-Construction Services for Eden Prairie Road Reconstruction, CP 13-5844, SAP 118-114-001 Dear Mr. Rue: SRF Consulting Group, Inc. (SRF) has been assisting the City by preparing the final design of the Eden Prairie Road realignment and reconstruction project. The design is progressing, and we are prepared to support the City with professional services during construction of this State-aid project. Services would include construction contract administration, construction observation, construction staking, materials compliance, and design support necessary for shop drawing review and plan clarifications. Scope of Services Our scope of work will include all tasks associated with construction administration, observation, construction surveying,and materials compliance for the project. Field sampling and testing would be performed by others and bituminous and concrete plant inspections would be completed by MnDOT's Metro Inspection Group.The limits of the project are assumed to include Eden Prairie Road from Flying Cloud Drive to approximately 300 feet South of Frederick Place and also includes the sanitary lift station located on the North side of Flying Cloud Drive. Assumptions We have developed our scope of services based on the following assumed project schedule: October 2018—November 2018 Year 1 construction phase April 2019—September 2019 Year 2 construction phase October 2019—November 2019 Construction wrap-up and Landscape December 2019—March 2020 Project final documentation Spring 2020—Fall 2021 Landscape warranty Keeping the project on schedule may be the most significant factor that will itnpact our proposed www.srfeonsulting.com One Carlson parkway North,Suite 150 I Minneapolis,MN 55447.4453 1 763.475.0010 Fax:1.866.440.6364 Atr Egiin!OpprrrYunrty Employer Mr. Rod Rue, PE August 22, 2018 City of Eden Prairie Page 2 construction services budget. However, as with any construction project,there are other factors beyond our control(such as weather or contractor efficiency and progress) that can influence the time required to be spent on construction services. Basis of Payment/Budget We propose to be reimbursed for our services on an hourly basis for the actual time expended. Other direct project expenses such as printing, supplies,reproduction, etc. will be billed at cost and mileage will be billed at the current allowable IRS rate for business miles. Business miles include only miles traveled in excess of an employee's normal commute to and from the office and actual mileage on a construction site including visits to off-site facilities, such as material suppliers. Invoices are submitted on a monthly basis for work performed during the previous month. We have estimated the cost for providing professional in-construction services for this project. Each major task is subtotaled below. We have made every attempt to include a sufficient estimate of hours based on our experience with similar projects,while providing the City of Eden Prairie with a reasonable value.The fee shown below has been estimated based on our proposed work plan, our project experience to date, and our current understanding of the project schedule. The fee has been computed using our established rates for the City of Eden Prairie. TASK FEE 1. Contract Administration/Public information $93,725.00 management 2. Construction Observation $149,380.00 3. Material Sampling and Testing Coordination $0 (included with Task 2) 4. Construction Surveying $118,925.00 5. As-Built Plans $6,920.00 6. Expenses $14,345.00 TOTAL $383,295.00 Changes in the Scope of Services It is understood that if the scope or extent of work changes,the cost will be adjusted accordingly. Before any out-of-scope work is initiated,however,we will submit a budget request for the new work and will not begin work until we receive authorization from you. Mr. Rod Rue, PE August 22,2018 City of Eden Prairie Page 3 Notice to Proceed A signed Professional Services Agreement with a copy of this proposal, mailed or emailed to our office,will serve as our notice to proceed.The email address is mhansen ci+srfconsulting.coin. We sincerely appreciate your consideration of this proposal and look forward to working with you on this important project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP,INC. Matthew D. Hansen,PE (MN ID),LS (MN LA) J nes R. Dvorak, PE (MN Ml) Principal ice President MDH/JRD/cw This cost proposal is valid for a period of 90 days. SRF reserves the tight to adjust its cost estimate after 90 days from the date of this proposal. SAMo balerWovf,esrtlr\2Q1&LellrMap raZAI 509.PP Edarr Feline Road12111$RR71_113D9.PP_'dcn Pnthie Rnde4duat CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar October 2, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 13-5844 ITEM NO.: Rod Rue Award Contract for Eden Prairie Road VIII.G. Public Works/Engineering Extension to Flying Cloud Drive Improvement Project to Veit& Company, Inc. Requested Action Move to: Adopt Resolution awarding contract for the Eden Prairie Road Extension to Flying Cloud Drive (CSAH No. 61) Improvement Project(I.C. 13-5844)to Veit& Company, Inc. in the amount of$2,808,444.28. Synopsis Sealed bids were received on Thursday, September 27, 2018 for this project. Five (5)bids were received and are summarized in the attached Consultant Recommendation Letter. The low bid in the amount of$2,809,683.76 was submitted by Veit& Company, Inc. and is 7% above the Engineer's Estimate. Our consultant and staff have reviewed the bids and discovered a math error which resulted in an actual bid amount at $2,808,444.28. Our consultant and staff recommend awarding the contract for the project to Veit& Company, Inc. in the amount of $2,808,444.28. Background Information This project consists of reconstructing Eden Prairie Road from approximately 500 feet south of Frederick Place to Flying Cloud Drive (CSAH No. 61) along a new alignment. Beyond the street and storm water improvements, the project also includes new sanitary sewer, lift station, forcemain, and watermain to serve the Lion's Tap restaurant site and adjacent residential properties. Most of the construction will occur in 2019 in coordination with Hennepin County's CSAH No. 61 (Flying Cloud Drive)project. The county's project will be constructing additional city sanitary sewer and watermain infrastructure. Project Cost Summary The project will be funded primarily with Municipal State Aid and City Capital Utility Funds. However, there will be special assessments for street and storm water improvements for adjacent Eden Prairie Road properties and special assessments for utility improvements for the Lion's Tap property. In addition,utility connection fees will be charged to any properties requesting connection to city utility improvements. Attachments Resolution Consultant Recommendation Letter Contract CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 18- RESOLUTION ACCEPTING BID FOR EDEN PRAIRIE ROAD EXTENSION TO FLYING CLOUD DRIVE IMPROVEMENT PROJECT I.C. 13-5844 WHEREAS,pursuant to an advertisement for bids for the following improvement: LC. 13-5844: Eden Prairie Road Extension to Flying Cloud Drive Improvement Project bids were received, opened and tabulated according to law. Those bids received are shown on the attached Consultant Recommendation Letter; and WHEREAS,the City Engineer recommends award of Contract to Veit&Company, Inc. as the lowest responsible bidder. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into a Contract with Veit&Company, Inc. in the name of the City of Eden Prairie, in the amount of $2,808,444.28,in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on October 2,2018. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk xltr-'No.10150.01 0120 September 27, 2018 Mr. Rod Rue, PE City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Subject: Eden Prairie Road Street and Utility Improvement Project Award Recommendation City Project No. 13-5844 Dear Mr. Rue: Sealed bids were opened for the referenced project on Thursday, September 27, 2018, at Eden Prairie City Hall, 8080 Mitchell Road. A total of five (5) bids were received. All bids have been reviewed, checked, and tabulated.The bids are summarized below in order of-value: CONTRACTOR TOTAL BID 1. Veit&Company, Inc. $2,808,444.28 2. Munger Construction Co. $3,270,910.60 3. Eureka Construction, Inc. $3,289,829.20 4. Max Steininger, Inc. $3,916,485,36 5, Park Construction Company $4,226,782.20 Engineer's Estimate $2,623,342.00 We recommend the Contract be awarded to the apparent low bidder Veit & Company, Inc. in the amount of$2,808,444.28 Please contact us with any questions or concerns regarding this project. Sincerely, SRl'CONSULTING GROUP,INC. �f Michael Juliff,PE (MN) Senior Engineer Enclosure cc: Matt Hansen, SRF Consulting Group, Inc. SYtf: 14000110,50\_canitavdkmelLearrrlM 50- IxwrrtNrrrwnNruddlimi-dFrrk- www.srfconsu Iting.com 1 Carlson Parkway North,Suite 150 I Minneapolis,MN 55447.4453 1763.475.0010 Fax:1.866.440.6364 An Equal Opportunity Employer FORM OF CONTRACT THIS AGREEMENT,made and executed this day of 20_,by and between City of Eden Prairie hereinafter referred to as the "CITY", and _Veit & Company, Inc. hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C._13-5844 Eden Prairie Road Extension to Flying Cloud Drive Improvements CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices,based on estimated required quantities is estimated to be$_2,808,444.28 . 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 FC-1 (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MN. By Its City Mayor And Its City Manager CONTRACTOR In Presence Of: Veit& Company, Inc. By Title And Title FC-2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar Oct. 2, 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Joyce Lorenz, Approve contract with TouchPoint Logic LLC VIII.H. Communications Division for Council Chambers lighting upgrade/redesign Requested Action Move to: Approve contract with TouchPoint Logic LLC for Council Chambers lighting upgrade/redesign in an amount not to exceed$32,593. Synopsis This project, which is funded by cable TV franchise revenue, will improve the City's delivery of live and on-demand HD meeting broadcasts to cable subscribers and online, specifically accomplishing the following: • Upgrade all lighting to LED • Reconfigure lighting design/arrangement to optimize quality for both in-person and broadcast viewing • Integrate custom lighting controls with existing Crestron system and associated programming to include dimming functionality, occupancy motion detection and lighting zones Background Information Working in phases since 2014, the City has modernized the cable broadcast Control Room equipment and upgraded the A/V equipment and dais setup in the Council Chambers. The lighting upgrade/redesign project is the final step in a multi-phase/multi-year plan to improve the City's delivery of live and on-demand HD meeting broadcasts to cable subscribers and online. The City requested quotes for this project from three vendors, but only received one from TouchPoint Logic LLC. Because of the City's previous experience in working with this vendor, as well as this vendor's intimate knowledge of the Council Chambers and related equipment, staff is comfortable with awarding this project to TouchPoint Logic LLC. Attachments Standard Construction Contract TouchPoint Logic LLC Quote 2018 08 01 Construction Contract This Contract ("Contract") is made on the 2nd day of October 2018, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and TouchPoint Logic LLC, a Minnesota Corporation (hereinafter "Contractor") whose business address is 1276 Park Road - Suite B, Chanhassen, MN 55317. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for upgrading/redesigning the lighting setup in the Council Chambers hereinafter referred to as the "Work." The City and Contractor agree as follows: 1, Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced after Dec. 10, 2018, and completed by Dec. 28, 2018. 3. Compensation for Services. City agrees to pay the Contractor an amount not to exceed $32,593 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. Final Payment. Contractor's request for final payment shall be accompanied by Contractor's affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed. and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment, d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. Standard Construction Contract 2018 08 01 Page 2 of 12 b, Project Manager and Staffing. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials, 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be Standard Construction Contract 2018 08 01. Page 3 of 12 responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery,plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor's equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten(10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City's suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City's Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; Standard Construction Contract 2018 08 01 Page 4 of 12 g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten(10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services,the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor's Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees_ b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the Standard Construction Contract 2018 08 01 Page 5 of 12 subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. I7. Responsible Contractor. Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a "responsible contractor" as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor's and motor carrier's compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. 18. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City, 19. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Standard Construction Contract 2018 08 01 Page 6 of 12 Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products--Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie"as an additional insured. f. All policies, except Worker's Compensation Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. Standard Construction Contract 2018 08 01 Page 7 of 12 i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverage's required herein. 1. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance,then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that Standard Construction Contract 2018 08 01 Page 8 of 12 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. 20. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees, 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. 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 Standard Construction Contract 2018 08 01 Page 9 of 12 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 24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 25. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. Standard Construction Contract 2018 08 01 Page i 0 of 12 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed,religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work, The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 37_ Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 38. Statutory Provisions. a, Audit Disclosure_ The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6)years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the Standard Construction Contract 2018 08 01 Page 11 of 12 City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Nancy Tyra-Lukens, Its Mayor Rick Getschow, Its City Manager TOUCHPO T LOGIC LLC Tim Fl sner, Its Owner Standard Construction Contract 2018 08 01 Page 12 of 12 EXHIBIT A TouchPoint Logic LLC Quote _ ■ p lb. 1276 Park Road -Suite B . Chanhassen, MN 55317 Date Quote# YOLK!-IPOINT L-IZIGIC Business Phone: 952-401-9354 . Business Fax: 952-401-1657 9/11/2018 2881 Name/Address City of Eden Prairie 8080 Mitchell Road Project Eden Prairie, MN 55344-4485 Council Chamber Lighting Mfg Item Description Qty Rate Total Non-Inventory Part Lighting Fixtures 80 246.26388 19,701.11 Crestron CLX-2DIMFLV8 8 Channel 0-10V Dimmer Module, 2 Feeds, 120V 2 588.50 1,177.00 Crestron CLT-2DIMFLV8 Terminal Block for CLX-2DIMFLV8 2 41.195 82.39 Crestron CAEN-BLOCK Cresnet Terminal Block 1 97.50 97.50 Crestron GLS-ODT-C-CN Dual-Technology Occupancy Sensor with Cresnet, 2000 4 182.00 728.00 Sq. Ft. Crestron C2N-CBD-P-W-S Cameo Keypad, Standard Mount, White Smooth 2 234.00 468.00 Non-Inventory Part Hi-Voltage Labor(Contracted Out) 1 7,464.00 7,464.00 Labor Install Labor 24 100.00 2,400.00 Programming Custom Programming-Base Program 2 155.00 310.00 Trip Charge Trip Charge 3 55.00 165.00 NOTE: Shipping Costs for Equipment will be Included when Invoiced. Total $32,593.00 All pricing is guaranteed for 60 days from the date listed on this estimate.Any estimate accepted after 60 days will be reviewed&pricing may be adjusted because of market changes.Acceptance of Proposal-The price,specifications,conditions are satisfactory and I accept.I authorize TouchPoint Logic to do the work as specified.Payments are 30%down and 70%when completed.Work to be scheduled upon receipt of down payment.Any alternation may affect the total estimate and will be executed with approval of customer and TouchPoint Logic. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims October 2 2018 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Payment of Claims X. City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 262989 - 263259 Wire Transfers 1020787 - 1020893 Wire Transfers 6761 - 6775 City of Eden Prairie Council Check Summary 10/2/2018 Division Amount Division Amount 132,667 309 DWI Forfeiture 6,339 101 Legislative 113 315 Economic Development 11,250 102 Legal Counsel 240 502 Park Development 1,950 110 City Clerk 322 512 CIP Trails 146,346 111 Customer Service 2,341 513 CIP Pavement Management 10,809 112 Human Resources 29 522 Improvement Projects 2006 17,032 113 Communications 13,658 538 SingleTree Lane South 3,958 114 Benefits&Training 2,830 Total Capital Projects Fund 197,684 133 Planning 527 136 Public Safety Communications 6,892 601 Prairie Village Liquor 91,544 137 Economic Development 53 602 Den Road Liquor 196,443 151 Park Maintenance 60,654 603 Prairie View Liquor 114,434 154 Community Center 5,470 605 Den Road Building 102 156 Youth Programs 15,209 701 Water Enterprise Fund 154,571 157 Special Events 369 702 Wastewater Enterprise Fund 9,599 158 Senior Center 3,380 703 Stormwater Enterprise Fund 26,679 159 Recreation Administration 1,000 Total Enterprise Fund 593,372 162 Arts 4,423 163 Outdoor Center 539 802 494 Commuter Services 32,254 168 Arts Center 2,691 803 Escrow Fund 11,982 180 Police 16,600 804 100 Year History 15 184 Fire 25,168 806 SAC Agency Fund 196,315 200 Engineering 169 807 Benefits Fund 472,371 201 Street Maintenance 43,561 812 Fleet Internal Service 44,934 202 Street Lighting 71,554 813 IT Internal Service 19,231 Total General Fund 410,459 815 Facilites Operating ISF 54,957 816 Facilites City Center ISF 52,522 301 CDBG 26,563 817 Facilites Comm.Center ISF 88,183 303 Cemetary Operation 728 Total Internal Svc/Agency Fund 972,763 Total Special Revenue Fund 27,291 Report Total 2,201,569 City of Eden Prairie Council Check Register by GL 10/2/2018 Check# Amount Supplier/Explanation Account Description Business Unit Comments 263092 246,698 STANDARD SIDEWALK INC. Other Contracted Services General Fixed Asset Account Gr 2018 Sidewalk Projects 6772 245,798 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll taxes PR ending 09.14.8 263210 194,352 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund Aug 2018 SAC charges 1020893 169,115 XCEL ENERGY Electric Street Lighting Multi location electric 6774 167,151 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 08.31.18 6761 159,657 MINNESOTA DEPT OF REVENUE Sales Tax Payable Historical Culture Sales Tax Aug 2018 1020836 68,429 XCEL ENERGY Electric Street Lighting 263056 49,674 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1020878 34,166 MINNESOTA ROADWAYS CO Contract Svcs-Asphalt/Concr. Senior Center 263240 31,919 SIR LINES-A-LOT Contracted Striping Traffic Signs 263198 31,138 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 6775 26,455 EMPOWER Deferred Compensation Health and Benefits 1020826 22,086 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Pool Maintenance 263229 21,661 RAINBOW TREECARE Other Contracted Services Tree Disease 263147 21,398 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Den Road Liquor Store 6773 18,689 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 263040 17,885 GRAYMONT Treatment Chemicals Water Treatment 263187 17,718 GRAYMONT Treatment Chemicals Water Treatment 263090 17,623 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 263065 17,348 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 263241 17,333 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 263054 16,589 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 263197 13,951 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 263009 13,274 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1020840 12,891 BRAUN INTERTEC CORPORATION Testing CIP Trails 263201 12,650 LANDMARK REMODELING LLC Other Contracted Services Rehab 263008 12,375 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 263007 12,093 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 263150 11,781 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 263053 11,464 INTEGRITY REMODELING&DESIGN GROUP LLC Improvement Contracts Stormwater Enterprise Fund 263006 11,399 BOLTON&MENK INC Design&Engineering Improvement Projects 2006 263207 10,895 MED ONE CAPITAL FUNDING LLC EMS Supplies-AED Fire 6767 10,516 FURTHER-AKA SELECT HSA-Employer Health and Benefits 263222 10,241 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1020809 10,189 BIFFS INC Waste Disposal Park Maintenance 263148 10,103 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Den Road Liquor Store 6764 9,922 I-494 CORRIDOR COMMISSION Deposits 494 Corridor Commission 263078 8,329 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 263106 8,310 WATERGUARDS LLC OCS-Monitoring Stormwater Non-Capital 263256 7,991 WINDOW WORLD TWIN CITIES Other Contracted Services Rehab 263231 7,330 RAY N WELTER HEATING Accounts Receivable TIF-Eden Shores Senior Housing 263193 7,138 ILEX GROUP INC Deposits Escrow 1020817 7,016 JEFFERSON FIRE&SAFETY INC Clothing-Boots Fire 263023 6,918 DIAMONDBACK AUTOMOTIVE ACCESSORIES Equipment Parts Fleet-Fire 263203 6,861 LEGACY GYMNASTICS Instructor Service Lesson Skills Development Check# Amount Supplier/Explanation Account Description Business Unit Comments 1020805 6,506 WSB&ASSOCIATES NC Design&Engineering Park Acquisition&Development 263083 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 1020831 6,033 TWIN CITY HARDWARE Contract Svcs-General Bldg Ice Arena Maintenance 263064 5,529 LYNCH CAMPS INC Instructor Service Camps 263076 5,035 PATCHIN MESSNER DODD&BRUMM Other Contracted Services Improvement Projects 2006 263252 5,025 VERIZON WIRELESS Other Contracted Services IT Operating 1020822 4,990 MOTOROLA Other Assets Public Safety Communications 263132 4,885 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 263257 4,846 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 263174 4,568 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet Capital 263038 4,566 GENERAL REPAIR SERVICE Equipment Parts Water Treatment 263116 4,396 SPIRE CREDIT UNION Miscellaneous DWI Forfeiture 263181 4,387 FIRST MINNETONKA CITY BANK Deposits 494 Corridor Commission 263115 4,308 POSTMASTER Postage Communications 263011 4,212 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 263049 4,177 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Accounting 262998 4,048 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 263111 3,962 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1020872 3,827 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 1020874 3,790 INTERSTATE POWER SYSTEMS INC Autos Wastewater Lift Station 263070 3,697 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Lake 1020825 3,559 POMP'S TIRE SERVICE INC Tires Fleet Operating 263180 3,468 FIRE SAFETY USA INC Protective Clothing Fire 1020868 3,462 EPA AUDIO VISUAL INC Hardware-R&M IT Operating 1020864 3,418 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1020860 3,332 VAN PAPER COMPANY Cleaning Supplies City Center-CAM 263175 3,310 EMPLOYER SOLUTIONS STAFFING GROUP Deposits 494 Corridor Commission 263107 3,285 WEBBER RECREATIONAL DESIGN INC Landscape Materials/Supp Park Maintenance 263102 3,229 VERIZON WIRELESS Data Plans-Police IT Operating 263125 3,186 ACCOUNTEMPS Deposits 494 Corridor Commission 1020892 3,180 WM MUELLER AND SONS INC Gravel Stormwater Collection 1020846 3,179 GREENSIDE INC Contract Svcs-Lawn Maint. City Center-CAM 263108 3,070 WELD&SON'S PLUMBING Other Contracted Services Rehab 263219 3,064 OFFICE TEAM Deposits 494 Corridor Commission 263097 3,035 SWEDEBRO Contract Svcs-General Bldg City Center-CAM 263209 3,000 MESSERLI&KRAMER Deposits 494 Corridor Commission 263191 2,997 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 263046 2,983 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1020871 2,831 HAWKINS INC Treatment Chemicals Water Treatment 263110 2,742 WHEELER LUMBER LLC Building Materials Pioneer Park(EP Road) 263012 2,724 CENTURYLINK Fiber Lease Payments City Center-CAM 1020808 2,696 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 263172 2,658 EAU CLAIRE BREWING PROJECT THE LLC Liquor Product Received Den Road Liquor Store 263055 2,593 JOHN HENRY FOSTER MINNESOTA INC Repair&Maint. Supplies Water Treatment 1020875 2,565 KIDCREATE STUDIO Instructor Service Arts Center 1020824 2,550 PEARSON BROTHERS INC Seal Coating CIP Pavement Management 1020801 2,529 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 263043 2,478 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police 1020877 2,422 METRO SALES INCORPORATED* Printers 494 Corridor Commission 263182 2,404 GEAR WASH LLC Other Contracted Services Fire Check# Amount Supplier/Explanation Account Description Business Unit Comments 263052 2,378 INNOVATIVE GRAPHICS Miscellaneous Police 263139 2,313 BITUMINOUS ROADWAYS INC Outside Water Sales Escrow 263151 2,303 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Water Distribution 1020849 2,300 MAVO SYSTEMS Contract Svcs-General Bldg Fire Station#1 1020861 2,278 VINOCOPIA Liquor Product Received Den Road Liquor Store 1020851 2,265 MPX GROUP,THE Printing Senior Center Admin 263067 2,205 METRO STUMP GRINDING Other Contracted Services Park Maintenance 1020830 2,201 STREICHERS Clothing&Uniforms Police 263145 2,193 BRAAS CO Equipment Parts Water Treatment 263077 2,193 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 263235 2,156 RETROFIT COMPANIES,INC,THE Contract Svcs-Electrical Pool Maintenance 1020870 2,155 GRAINGER Safety Supplies Ice Arena Maintenance 263114 2,140 ZOHO CORP Software Maintenance IT Operating 1020800 2,133 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint. Supplies Park Maintenance 263068 2,125 MHSRC/RANGE Tuition Reimbursement/School Police 263188 2,112 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 263032 2,100 EULL'S MANUFACTURING CO INC Repair&Maint. Supplies Wasterwater Collection 263131 2,034 APPLIED ECOLOGICAL SERVICES INC Maintenance Contracts Stormwater Non-Capital 262994 2,000 AMO ENTERPRISE LLC Other Contracted Services Organizational Services 263234 2,000 REMIND101 INC. Dues&Subscriptions Recreation Admin 263254 2,000 VISUAL COMMUNICATIONS Design&Engineering Economic Development Fund 263109 1,996 WELLINGTON HOME IMPROVEMENTS Other Contracted Services Rehab 263221 1,960 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 263117 1,943 SPIRE CREDIT UNION Miscellaneous DWI Forfeiture 263133 1,935 ARVIG Fiber Lease Payments IT Operating 263177 1,926 EXPRESS IMAGE INC Signs Park Maintenance 1020865 1,881 BOYER TRUCKS Equipment Repair&Maint Fleet Operating 262991 1,845 ADVANTAGE PROPERTY MAINTENANCE INC Other Contracted Services Park Maintenance 263138 1,810 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 1020883 1,809 POMP'S TIRE SERVICE INC Tires Fleet Operating 263059 1,807 LAKE COUNTRY DOOR LLC Building Repair&Maint. Police(City Cost) 263037 1,743 GEAR WASH LLC Other Contracted Services Fire 6770 1,717 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits 263173 1,620 EHLERS&ASSOCIATES INC Other Contracted Services TIF-Lincoln Parc Apts 263216 1,569 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 1020802 1,551 VINOCOPIA Liquor Product Received Prairie View Liquor Store 263101 1,519 VELOCITY STREETWEAR INC Equipment Repair&Maint Fire 1020866 1,505 CENTERPOINT ENERGY Gas Den Road Liquor Store 263168 1,455 DAVEY TREE EXPERT COMPANY,THE Other Contracted Services Tree Removal 6765 1,447 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits 1020833 1,380 WALL TRENDS INC Contract Svcs-General Bldg Fire Station#1 263061 1,379 LEADSONLINE LLC Other Contracted Services Police 263081 1,371 RANDY'S ENVIRONMENTAL SERVICES Waste Disposal City Center-CAM 263186 1,356 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 263104 1,350 VISION TECHNOLOGY SOLUTIONS,LLC Other Contracted Services Communications 263258 1,345 YORKTOWN OFFICES Deposits 494 Corridor Commission 263142 1,300 BLOOMINGTON,CITY OF Kennel Services Animal Control 262997 1,287 ARPIN,TONYA Other Contracted Services Tree Disease 1020891 1,270 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 263003 1,265 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 1020796 1,218 PROFORMA Operating Supplies Customer Service 263035 1,214 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 1020879 1,160 M-K GRAPHICS Deposits Escrow 1020852 1,156 PARK SUPPLY OF AMERICA INC Supplies-Pool Pool Maintenance 263224 1,138 PRAIRIE RESTORATIONS INC Maintenance Contracts Water Supply(Wells) 1020838 1,094 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 1020850 1,080 MINNESOTA NATIVE LANDSCAPES Landscape Materials/Supp Park Maintenance 1020869 1,071 ESS BROTHERS&SONS INC Equipment Parts Stormwater Collection 263211 1,020 MHSRC/RANGE Tuition Reimbursement/School Police 263041 1,009 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 263146 1,000 BRAATEN REED Other Contracted Services Fall Harvest 263013 993 CENTURYLINK Internet IT Operating 1020790 986 CHEMSEARCH Contract Svcs-Ice Rink Ice Arena Maintenance 263025 962 DOMACE VINO Liquor Product Received Prairie View Liquor Store 6762 939 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 1020789 930 CARLSTON,BRANDON Clothing&Uniforms Police 1020834 928 WATSON CO INC,THE Merchandise for Resale Concessions 262999 925 AT YOUTH PROGRAMS LLC Instructor Service Tennis 1020837 903 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Park Shelters 263098 902 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 263018 899 CORE&MAIN Equipment Parts Water Distribution 263022 893 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 1020867 860 DAIKIN APPLIED Contract Svcs-HVAC City Center-CAM 1020844 860 FASTENAL COMPANY Equipment Parts Fleet Operating 263155 858 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 262990 845 3CMA Dues&Subscriptions Communications 263105 839 WASECA TECH SERVICES Equipment Repair&Maint Public Safety Communications 263089 837 SIR LINES-A-LOT Contracted Striping Traffic Signs 1020835 830 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 263259 826 YOUNG DEBORAH Other Contracted Services Rehab 262992 820 AIRGAS USA LLC Supplies-Pool Pool Maintenance 263050 730 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 263204 722 LIFELINE INC EMS Supplies-AED Fire 263205 711 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 262989 704 PETTY CASH Mileage&Parking Engineering 263080 704 PRODUCT DEVELOPMENT MACHINE-DON'T USE Liquor Product Received Prairie View Liquor Store 1020810 700 BOYER TRUCKS Equipment Parts Fleet Operating 263113 700 ZINGHOPPERS GROUP LLC,THE Other Contracted Services Fall Harvest 1020821 700 MINNESOTA ROADWAYS CO Contract Svcs-Asphalt/Concrt Fire Station#4 263152 691 CENTRAL LANDSCAPE SUPPLY Operating Supplies Pleasant Hill Cemetery 263127 660 ALPINE DIVERSIFIED SERVICES INC Contract Svcs-Garden Romm Garden Room Repairs 263120 655 3CMA Conference/Training Communications 263169 650 DELEGARD TOOL CO Equipment Repair&Maint Senior Center Programs 263062 643 LUBE-TECH ESI Operating Supplies Fleet Operating 1020863 578 ASPEN WASTE SYSTEMS INC. Waste Disposal Maintenance Facility 262995 577 ANDERSON AMBER Deposits Escrow 263192 577 HOME DEPOT CREDIT SERVICES Supplies-General City Center-CAM 1020853 577 PROSOURCE SUPPLY Supplies-General Bldg Den Road Liquor Store 1020804 574 WILSON,JOHN D. Tuition Reimbursement/School Police 1020819 564 MENARDS Operating Supplies Park Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Comments 263153 563 CENTURYLINK Internet IT Operating 263103 535 VIDEOTRONIX INC Equipment Repair&Maint Public Safety Communications 263225 531 PRESSWRITE PRINTING INC Deposits 494 Corridor Commission 1020823 500 NUCO2 INC Supplies-Pool Pool Maintenance 1020881 474 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment 263130 470 ALTERNATIVE BUSINESS FURNITURE INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 6771 462 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 263004 456 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 263183 445 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Bldg Fitness/Conference-Cmty Ctr 263140 432 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 1020884 429 REINDERS INC Chemicals Park Maintenance 263184 420 GERTENS Operating Supplies Park Maintenance 263020 416 CTM SERVICES,INC. Repair&Maint-Ice Rink Ice Arena Maintenance 263243 415 STANTEC PLANNING/LANDSCAPE ARCHITECTURE Other Contracted Services Park Maintenance 263249 409 USA INFLATABLES Operating Supplies Safety Camp 1020818 403 LANDS END CORPORATE SALES Clothing&Uniforms Police 1020873 403 IDEXX DISTRIBUTION CORP Office Supplies Utility Operations-General 263119 400 LINDEMAN BRETT Clothing&Uniforms Police 263238 394 SIGNSOURCE Supplies-General Bldg Ice Arena Maintenance 1020886 369 SHI CORP Software Special Events Admin 263244 366 STAPLES ADVANTAGE Office Supplies Customer Service 263165 366 CORE&MAIN Repair&Maint. Supplies Water Distribution 263236 361 SHAH SHANTI Mileage&Parking Heritage Preservation 263166 360 CORPORATE TECHNOLOGIES Deposits 494 Corridor Commission 263015 355 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1020889 348 TOTAL FILTRATION SERVICES INC Supplies-HVAC City Center-CAM 1020794 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 263026 345 E A SWEEN COMPANY Merchandise for Resale Concessions 263194 342 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 263149 340 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Arts Center 263002 336 BAUER BUILT TIRE AND BATTERY Equipment Repair&Maint Fleet Operating 263245 327 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 263019 326 CROP PRODUCTION SERVICES Chemicals Tree Disease 263045 325 HERMAN'S LANDSCAPE Landscape Materials/Supp Utility Operations-General 263217 323 MRA-THE MANAGEMENT ASSOCIATION Other Contracted Services Organizational Services 263242 322 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk 263033 321 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 1020787 317 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Den Road Liquor Store 263010 306 CBIZ BENEFITS&INSURANCE SERVICES INC Other Contracted Services Organizational Services 1020815 301 FEDEX KINKO'S OFFICE AND PRINT SERVICES Deposits Escrow 263029 300 ELIM CARE INC P&R Refunds Community Center Admin 263121 300 3RD LAIR Instructor Service Camps 263135 300 AUGDAHL,KRIS Other Contracted Services Theatre Initiative 263253 300 VERLEY,TARYN Other Contracted Services Theatre Initiative 263176 300 ERDMAN-LUNTZ,RONALD Accounts Receivable TIF-Eden Shores Senior Housing 263071 299 MN DEPT OF TRANSPORTATION Equipment Repair&Maint Traffic Signals 1020799 297 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 263094 295 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 263057 294 JOHNSTONE SUPPLY Supplies-General Bldg Maintenance Facility 263060 291 LANO EQUIPMENT INC Equipment Parts Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 1020803 282 WENCK ASSOCIATES INC Other Contracted Services Stormwater Non-Capital 1020806 274 A-SCAPE INC Contract Svcs-Lawn Maint Fire Station#4 1020816 268 GRAINGER Supplies-Plumbing Senior Center 263206 263 MADISON,MELISSA Deposits 494 Corridor Commission 263063 252 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 263099 250 UNIVERSITY OF MINNESOTA Conference/Training Stormwater Non-Capital 6769 249 VANCO SERVICES Bank and Service Charges Wastewater Accounting 1020828 247 SHI CORP Software IT Operating 263159 245 COMCAST Cable TV Fire 1020882 242 PLASTICS INTERNATIONAL Building Materials Outdoor Center 263136 240 BARNA,GUZY&STEFFEN,LTD Legal Legal Council 263200 235 KENDELL DOORS&HARDWARE INC Supplies-Security City Center-CAM 263014 234 CINTAS Operating Supplies Park Maintenance 1020798 233 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 263072 230 MN TACTICAL OFFICERS ASSOCIATION Tuition Reimbursement/School Police 263232 229 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 263199 225 KAISER,DAVID S Operating Supplies Fitness Center 263024 225 DIRECTV Cable TV Community Center Admin 1020856 225 SITEONE LANDSCAPE SUPPLY,LLC Repair&Maint. Supplies Flying Cloud Fields 263082 222 REACH COMPANIES LLC Merchandise for Resale Concessions 1020854 221 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 263016 210 COLGAN JAMES R Licenses,Taxes,Fees Theatre Initiative 263034 210 FLOYD PETER MARTIN Licenses,Taxes,Fees Theatre Initiative 263047 210 HUGHES TERENCE PATRICK Licenses,Taxes,Fees Theatre Initiative 263074 210 MULLEN SCOTT RICHARD Licenses,Taxes,Fees Theatre Initiative 1020827 210 REINDERS INC Landscape Materials/Supp Park Maintenance 1020839 205 BERRY COFFEE COMPANY Merchandise for Resale Concessions 263228 205 QUALITY REFRIGERATION Equipment Repair&Maint Concessions 1020812 201 CENTERPOINT ENERGY Gas Prairie View Liquor Store 1020814 201 ECM PUBLISHERS INC Employment Advertising Organizational Services 263163 201 CONSTRUCTION MATERIALS INC Operating Supplies Street Maintenance 263255 198 VORTEX OPTICS Training Supplies Police 263017 190 COMCAST Internet IT Operating 263031 189 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store 263084 187 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store 1020842 185 CLAREY'S SAFETY EQUIPMENT Operating Supplies Youth Programs Admin 263226 184 PRINCIPAL FINANCIAL GROUP Deposits 494 Corridor Commission 262993 184 AMERICAN PRESSURE INC Equipment Repair&Maint Utility Operations-General 1020858 171 STONEBROOKE Autos Fleet-Fire 1020843 166 CREAMER,LORI Mileage&Parking Heritage Preservation 1020855 165 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 1020887 162 SPRINT Deposits 494 Corridor Commission 263093 158 STAPLES ADVANTAGE Office Supplies Customer Service 1020811 157 CDW GOVERNMENT INC. Operating Supplies IT Operating 263144 155 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 263178 150 FAHEY JANET Special Event Fees Senior Center Programs 1020876 148 MENARDS Building Materials Park Maintenance 263030 147 ELLINGSON JASMINE Mileage&Parking Aquatics Admin. 1020885 144 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 1020829 144 SPS COMPANIES Supplies-HVAC City Center-CAM Check# Amount Supplier/Explanation Account Description Business Unit Comments 263079 142 PILGRIM DRY CLEANERS INC Clothing&Uniforms Police 263048 140 HURSEY BRETT J Licenses,Taxes,Fees Theatre Initiative 263066 140 MCLINDON JAMES B Licenses,Taxes,Fees Theatre Initiative 263085 140 ROUND SWAMP ENTERTAINMENT,INC. Licenses,Taxes,Fees Theatre Initiative 263086 140 RUBIN RICHARD Licenses,Taxes,Fees Theatre Initiative 263141 140 BLOOMINGTON SECURITY SOLUTIONS Other Contracted Services Riley Lake 263189 140 HALDEMANN HOMME INC Cleaning Supplies Fitness/Conference-Cmty Ctr 263001 135 BARUCH RACHEL P&R Refunds Community Center Admin 263123 135 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 263190 134 HEALTHPARTNERS Deposits 494 Corridor Commission 263208 128 MEREDITH KATE Deposits 494 Corridor Commission 1020888 128 STREICHERS Clothing&Uniforms Police 263073 125 MPPOA Tuition Reimbursement/School Police 263124 125 ABRAMSON NIKKI Other Contracted Services Theatre Initiative 263128 125 ALSDURF LORI Other Contracted Services Theatre Initiative 263171 125 DURKEE,DAVID Other Contracted Services Theatre Initiative 263185 125 GIEFER CHAD R Other Contracted Services Theatre Initiative 263220 124 PATEL PINKLE P&R Refunds Community Center Admin 263039 122 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store 263223 121 PRAIRIE LAWN AND GARDEN Landscape Materials/Supp Park Maintenance 263122 120 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 6763 116 OPTUM HEALTH Other Contracted Services Health and Benefits 1020807 116 BANK BEER CO Liquor Product Received Prairie Village Liquor Store 263157 116 COMCAST Cable TV Fire 263195 114 INDOFF INCORPORATED Office Supplies Customer Service 1020820 112 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 263044 109 HENNEPIN COUNTY TREASURER Operating Supplies Pool Operations 263162 107 COMCAST Deposits 494 Corridor Commission 263075 107 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 263051 101 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 263164 100 CORDES JENNIFER Other Contracted Services Theatre Initiative 263230 100 RAMIREZ STEVEN Other Contracted Services Theatre Initiative 263143 99 BOSACKER,MIKE Mileage&Parking Police 263250 99 VALLEY VIEW COOPERATIVE Rebates Water Conservation 263248 99 US BANK EQUIPMENT FINANCE Deposits 494 Corridor Commission 1020845 93 GRAETZ LINDA Travel Expense Police 1020862 93 WILSON,JOHN D. Travel Expense Police 1020791 86 CHOUINARD STACY Mileage&Parking Community Center Admin 263137 80 BASSETT DEANNA Dues&Sub-Cert&Licensing Fire 263237 80 SHRED RIGHT Waste Disposal City Hall(City Cost) 263218 79 NELSON,ROBIN Deposits 494 Corridor Commission 263227 78 PRONTO HEATING&MR CONDITIONING Mechanical Permits General Fund 1020793 78 GETSCHOW,RICK Travel Expense City Council 1020792 76 FASTENAL COMPANY Operating Supplies Fleet Operating 263096 75 SWANSON BONNIE P&R Refunds Community Center Admin 263170 75 DELTA DENTAL Deposits 494 Corridor Commission 6768 70 MONEY MOVERS INC Other Contracted Services Community Center Admin 263042 70 GUPTA VANDANA P&R Refunds Community Center Admin 1020795 68 MPX GROUP,THE Dues&Subscriptions Police 1020788 65 BUSINESS ESSENTIALS Office Supplies Utility Operations-General Check# Amount Supplier/Explanation Account Description Business Unit Comments 263179 53 FINANCE&COMMERCE INC Miscellaneous Economic Development 263214 51 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 263095 50 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 263246 49 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1020859 47 TOLL GAS AND WELDING SUPPLY Operating Supplies Fleet Operating 263028 42 EHMKE ABIGAIL Mileage&Parking Pool Operations 263100 42 UNIVERSITY OF MINNESOTA,VMC Canine Supplies Police 263202 41 LANO EQUIPMENT INC Equipment Parts Fleet Operating 1020797 37 PROSOURCE SUPPLY Supplies-Pool Pool Maintenance 263021 36 CUB FOODS EDEN PRAIRIE Operating Supplies Reserves 263027 35 EDEN PRAIRIE CHAMBER OF COMMERCE Miscellaneous City Council 263069 32 MINNESOTA DEPT OF HEALTH Licenses,Taxes,Fees Water Treatment 263247 32 SVOBODA KYLE Training Supply-Recruit Fire 263233 30 REGENTS OF THE UNIVERSITY OF MINNESOTA Other Contracted Services Animal Control 263036 30 GALLS LLC Clothing&Uniforms Animal Control 1020848 28 KRAUSE,MARY Mileage&Parking Engineering 263161 27 COMCAST Cable TV Fire 263239 27 SIR KNIGHT CLEANERS Clothing-Misc. Fire 263134 25 ASPEN MILLS Clothing&Uniforms Police 263215 25 MINNESOTA TROPHIES&GIFTS Operating Supplies Park Maintenance 1020880 25 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 1020813 23 CITI-CARGO&STORAGE CO,INC Other Rentals Summer Theatre 263087 22 RUTSCHKE KRISTEN Mileage&Parking Pool Operations 263058 21 'CHAIR BETH AR Utility Water Enterprise Fund 6766 20 FURTHER-AKA SELECT HRA Health and Benefits 263154 20 CHRIS CASTLE INC Deposits 494 Corridor Commission 263213 20 MINNESOTA MUNICIPAL BEVERAGE ASSOCIATION Conference/Training Den Road Liquor Store 263112 19 WINSUPPLY EDEN PRAIRIE MN CO Equipment Repair&Maint Traffic Signals 1020841 18 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 262996 17 ANDERSON ISAAC Mileage&Parking Pool Operations 263158 16 COMCAST Cable TV Fire 263160 16 COMCAST Cable TV Fire 263251 15 VAN HATTUM DAVE Deposits 494 Corridor Commission 263000 11 BAILEY RONALD Cash Over/Short General Fund 1020857 11 SPOK,INC. Pager&Cell Phone IT Operating 1020847 11 HORGAN,KEVIN M Licenses,Taxes,Fees Utility Operations-General 263167 10 CULLIGAN BOTTLED WATER Deposits 494 Corridor Commission 263129 9 ALTEC INDUSTRIES INC Landscape Materials/Supp Street Maintenance 1020890 9 UPS Postage IT Operating 263196 9 JENSEN MARIAH Deposits 494 Corridor Commission 1020832 8 UPS Postage Human Resources 263088 8 SCHUETZ JEREMY P&R Refunds Community Center Admin 263118 8 LEHAR JACQUELYN AR Utility Water Enterprise Fund 263212 7 MINNEAPOLIS FINANCE DEPARTMENT Software Maintenance IT Operating 263126 7 ACTIVE 911 INC Other Contracted Services Police 263156 2 COMCAST Other Contracted Services Police 2,201,569 Grand Total