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City Council - 03/19/2019
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,MARCH 19, 2019 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Interim Fire Chief Kevin Schmieg, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Katie O'Connor Workshop-Heritage Rooms I and H(5:30) I. JOINT MEETING WITH RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MARCH 19, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS /PRESENTATIONS A. ACCEPT DONATION OF $200 FROM BROOKDALE SENIOR LIVING FOR THE SENIOR CENTER VETERANS BREAKFAST (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 5, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 5, 2019 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION AFFIRMING EDEN PRAIRIE'S COMMITMENT TO PROMOTE AWARENESS OF THE 2020 CENSUS C. ADOPT RESOLUTION PRELIMINARILY AUTHORIZING ISSUANCE OF REVENUE BONDS FOR THE EDENDALE MULTIFAMILY HOUSING DEVELOPMENT D. ADOPT RESOLUTION APPROVING GO BOND AGREEMENT WITH THE STATE OF MINNESOTA FOR THE QUIET ZONE PROJECT CITY COUNCIL AGENDA March 19, 2019 Page 2 E. AWARD CONTRACT TO PLEHAL BLACKTOPPING LLC FOR STERLING FIELD PARK HARD COURT RECONSTRUCTION PROJECT F. AWARD CONTRACT TO DIVERSIFIED CONSTRUCTION FOR POLICE DEPARTMENT OFFICE AREA REMODEL G. AWARD CONTRACT TO VALLEY PAVING, INC. FOR HENNEPIN TOWN ROAD TURN LANE IMPROVEMENTS PROJECT H. APPROVE AGREEMENT WITH REPUBLIC SERVICES FOR ASSISTING WITH ANNUAL COMMUNITY CLEAN UP DAY I. AWARD CONTRACT TO NORTHSTAR MUDJACKING FOR 2019 MUDJACKING OF CONCRETE CURB AND SIDEWALK PANELS TO J. APPROVE DELEGATION AGREEMENT WITH MN DEPARTMENT OF NATURAL RESOURCES FOR AQUATIC INVASIVE SPECIES PREVENTION K. APPROVE AGREEMENT WITH BRYCER,LLC FOR THE COMPLIANCE ENGINE 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 1. Award Base Bid and Alternates 1 & 2 and Authorize Contract with Ebert Construction for Staring Lake Building Reconstruction Project E. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL AGENDA March 19, 2019 Page 3 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: March 15, 2019 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, March 19, 2019 TUESDAY, MARCH 19, 2019 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager's Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium,please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS A. ACCEPT DONATION OF $200 FROM BROOKDALE SENIOR LIVING FOR THE SENIOR CENTER VETERANS BREAKFAST (Resolution) Synopsis: The donation of$200 from Brookdale Senior Living will go towards the Veterans Breakfast at the Senior Center. MOTION: Move to adopt the Resolution accepting the donation of $200 from Brookdale Senior Living towards the Veterans Breakfast at the Senior Center. 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: ANNOTATED AGENDA March 19, 2019 Page 2 A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 5, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 5, 2019 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-K on the Consent Calendar. A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION AFFIRMING EDEN PRAIRIE'S COMMITMENT TO PROMOTE AWARENESS OF THE 2020 CENSUS C. ADOPT RESOLUTION PRELIMINARILY AUTHORIZING ISSUANCE OF REVENUE BONDS FOR THE EDENDALE MULTIFAMILY HOUSING DEVELOPMENT D. ADOPT RESOLUTION APPROVING GO BOND AGREEMENT WITH THE STATE OF MINNESOTA FOR THE QUIET ZONE PROJECT E. AWARD CONTRACT TO PLEHAL BLACKTOPPING LLC FOR STERLING FIELD PARK HARD COURT RECONSTRUCTION PROJECT F. AWARD CONTRACT TO DIVERSIFIED CONSTRUCTION FOR POLICE DEPARTMENT OFFICE AREA REMODEL G. AWARD CONTRACT TO VALLEY PAVING,INC. FOR HENNEPIN TOWN ROAD TURN LANE IMPROVEMENTS PROJECT H. APPROVE AGREEMENT WITH REPUBLIC SERVICES FOR ASSISTING WITH ANNUAL COMMUNITY CLEAN UP DAY I. AWARD CONTRACT TO NORTHSTAR MUDJACKING FOR 2019 MUDJACKING OF CONCRETE CURB AND SIDEWALK PANELS TO J. APPROVE DELEGATION AGREEMENT WITH MN DEPARTMENT OF NATURAL RESOURCES FOR AQUATIC INVASIVE SPECIES PREVENTION K. APPROVE AGREEMENT WITH BRYCER,LLC FOR THE COMPLIANCE ENGINE IX. PUBLIC HEARINGS /MEETINGS ANNOTATED AGENDA March 19, 2019 Page 3 X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Award Base Bid and Alternates 1 & 2 and Authorize Contract with Ebert Construction for Staring Lake Building Reconstruction Project Synopsis: Bids were publically advertised and opened on March 7, 2019. Bids were received from four contractors and ranged in price from $1,506,300.00 to $2,037,000.00. The lowest responsible bid for the base bid and when alternates are considered is Ebert Construction. This contractor has successfully completed similar projects and staff that has worked with this contractor has been very pleased with their capabilities and quality of work. The Base Bid($1,367,000.00) consists of demolition and removal of the old park building. A new park building will then be constructed with additional improvements being made to the landscaping and parking lot. Alternate 1 —Picnic Shelter($123,000.00) consists of construction of a new picnic pavilion adjacent to the new park building. Alternate 2— Storm Sewer($16,300.00) consists of additional stormwater management features to treat stormwater for the entire park building parking lot. These features would exceed the stormwater management requirements for the project and are being considered for funding by the Riley, Purgatory, Bluff Creek Watershed District. MOTION: Move to accept the base bid and alternates 1 & 2 and authorize entering into a contract with Ebert Construction ANNOTATED AGENDA March 19, 2019 Page 4 for the Construction of Staring Lake Pavilion Project. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA DATE: SECTION: Proclamations and Presentations March 19, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer Donation from Brookdale Senior Living towards IV.A. Director, Parks and Recreation the Veterans Breakfast at the Senior Center Requested Action Move to: Adopt Resolution accepting the donation of$200 from Brookdale Senior Living towards the Veterans Breakfast at the Senior Center. Synopsis The donation of$200 from Brookdale Senior Living will go towards the Veterans Breakfast at the Senior Center. Background The Eden Prairie Senior Center hosts classes, trips and events for adults of all ages. Approximately 1,500 people attend Senior Center special events each year. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$200 to be used for Senior Center Veterans Breakfast from Brookdale Senior Living is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 19th day of March, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk ITEM NO.VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,MARCH 5, 2019 CITY CENTER 5:00—6:25 PM,HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Interim Fire Chief Kevin Schmieg, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Katie O'Connor Workshop-Heritage Rooms I and II(5:30) I. 2018 QUALITY OF LIFE SURVEY RESULTS City Manager Getschow introduced the presenter Morgan Adams, survey associate with the National Research Center(NRC). This is the third City survey conducted by NRC biennially, and the seventh iteration in total. NRC provides benchmark comparisons to cities in Minnesota, the Midwest, and nationally. Adams provided an overview of the survey methodology which included a scientifically random survey mailer to 2,000 residents. 494 mailed surveys were completed, and an additional 1,500 opt-in online surveys were completed. These two samples could be combined while maintaining statistic validity and a two percent margin of error. The results were weighted to the census norms. When comparing to the benchmarks of the three groups, there was not a single measure that was lower than the compared benchmarks. Many measures were either higher or much higher. A smaller number of measures were similar to the benchmark. In order to be considered higher or lower than the benchmarks, the results would need to be plus or minus ten points. In order to be considered much higher or much lower than the benchmarks, the results would need to be plus or minus 20 points. Adams stated of the city services compared to national benchmarks, only three were considered similar to benchmarks rather than higher or much higher: fire services, emergency medical services (EMS)response time, and traffic signal timing. Aho added it may not be understood how good the City fire services are. Adams responded safety services tend to be rated highly nationally, so it is less feasible to be higher than the national benchmarks. Getschow stated the City will do a press release, and the final report will be posted on the City website. Case inquired if the City is proactive with releasing the information to media City Council Workshop Minutes March 5, 2019 Page 2 sources. Communications Manager Lorenz stated a story has typically been done by the media whenever the results have been released. Council Member Narayanan stated this information would be not only be beneficial for Eden Prairie residents but for people who are considering moving to Eden Prairie or starting a business in Eden Prairie. Getschow added the Quality of Life survey results are typically presented at the realtor's forum as well. Council Member Nelson inquired if there are comparisons of how the survey results compare to 2014 and 2016. Adams stated further in the presentation there will be more specifics on year to year comparisons,but there wasn't a single downward trend. Council Member Narayanan inquired about City rankings compared to neighboring cities. Adams responded individual community survey results are confidential, but many cities are willing to connect over similar issues. Additionally, many cities do publish their results on their website. Aho inquired if the questions are the same for all comparison cities. Adams responded the items being compared are the same but do not have the exact same wording. Some questions are worded more broadly in order to keep the comparison. Adams stated when comparing government and city services, Eden Prairie is ranked number one in 13 categories nationally among 200-400 communities. Narayanan inquired if the report highlights those numbers. Case stated it may not benefit the City to be specific with rankings since there are also areas the City does not rank first. Nelson stated the survey results summarize the City should continue its course. Narayanan added there are three areas the City should consider highlighting to the press: the City ranks highly on a national scale, the business survey results were very positive, and taxes remain lower and stable in comparison to neighboring cities. Adams stated one of the key findings from the survey is Eden Prairie is considered a desirable place to live and raise a family. 95 percent of residents think Eden Prairie has an excellent or good quality of life, which is higher than the benchmarks. Three positive features that enhance the quality of life are overall image, sense of community, and the City as a place to retire. Aho stated the Council has been working to create a greater sense of community. Getschow added sense of community rated at 63 percent in 2014, 70 percent in 2016, and now 68 percent in 2018. Freiberg inquired about the scoring of 69 percent as a place to retire. He stated at one point the City was ranked as the number one place to retire in a magazine. Adams replied magazines use different standards and methods for their results, so it is difficult to pinpoint how they derived those numbers. Adams stated raising a family ranked higher than benchmarks at 95 percent. An open-ended survey question about the best thing about Eden Prairie yielded results of open space, parks City Council Workshop Minutes March 5, 2019 Page 3 and trails at 35 percent, convenient location at 17 percent, schools at nine percent, and feeling safe at nine percent. Case inquired about the low percentage associated with the school system. Getschow stated the qualitative data percentage has stayed consistent for schools. Adams stated the next key finding from the survey was high ratings for safety services contribute to the quality of life but residents have concerns about youth crime and drugs. Police Chief Weber added the City has worked to educate the community about the opioid epidemic. The more awareness there is, the more it may create perceptions of concern with youth crime and drugs. Adams stated safety services remain stable. Both police services and crime prevention rank higher than benchmarks, ranking tenth nationally out of more than 360 communities. Emergency preparedness ranked third nationally. 9 in 10 people responded they have an overall feeling of safety. There are perceived problems of traffic speeding, youth crimes, vandalism and property crime, drugs, identity theft, and stop sign violations. These perceived issues have remained stable throughout the years; however, there was a statistically significant increase in perceptions of youth crime and drugs. Quality of contact with the Police Department was rated 92 percent excellent or good. Council Member Nelson inquired if youth crime statistics have increased with the Police Department. Weber replied youth crime statistics have remained stable but have not increased. The one statistic that has gone up is arrests for tobacco possession with youth. Animal control services were ranked first in the nation. Adams stated another key finding was community parks, recreation and natural environment are considered highlights of the community, with 95 percent rating the overall natural environment as excellent or good. Overall appearance was rated 95 percent excellent or good with many aspects ranking within the top ten nationally. There has been continued familiarity with City events, and PeopleFest! had familiarity by four in ten people in its first year. Amenities continued to be praised, with a statistically significant increase in usage of the Richard T. Anderson Conservation Area. The Art Center, Staring Lake Observatory, and Senior Center ranked lower than other amenities. Case inquired why Richard T. Anderson Conservation Area was specifically singled out. Getschow responded it has remained in the survey and continues to be a legacy question. The option could be removed in future surveys. Case noted it can remain to monitor the trend. Adams stated a new question was included about the Sustainable Eden Prairie program. This showed 35 percent were familiar with the program, with eight percent participating and nine percent not willing to participate. 64 percent are not familiar, but 45 percent of those would consider participating. Those willing to participate are most interested in solid waste and energy reduction, water conservation, and native landscaping. City Council Workshop Minutes March 5, 2019 Page 4 Adams stated 94 percent of residents think the overall quality of services was excellent or good. The value of services for taxes paid has remained stable. Of the City services, traffic signal timing ranked lowest, but that is consistent with many other communities. Narayanan noted this may not be a good question to ask since it continues to rate lowly with most communities. Nelson noted the majority of the complaints she receives are around traffic signal timing issues on Hennepin County roads. Of the 24 City services with comparable benchmarks, 18 of the services ranked within the top ten nationally. Contact with the City was rated at 70 percent, and overall customer services was rated at 93 percent. Adams stated the final key finding shows the economy is booming, but affordability could be an issue in the future. A number of the ratings for the economy were higher than national benchmarks. As a place to work, the City ranks third in the nation, and this was a much higher than national benchmarks. 92 percent of residents would recommend conducting business in the City or visiting the City. Residents were asked an open ended question of what they like least about Eden Prairie. With about 1,500 responses and many categories, about eight percent stated the taxes and cost of living were least liked. Nelson noted taxes and cost of living are not necessarily the same. Adams stated they can be separated if they do not make sense in the same category. Case stated he would like to see the categories separate. Adams stated in regards to affordability, 75 percent rated the variety of housing options as excellent or good and 51 percent rated the availability of affordable housing as excellent or good. Case inquired how the survey question is worded. Adams responded please rate the characteristics of your community, and availability of affordable quality housing was listed. Case stated the question could be interpreted either as the City needs more affordable housing or the City has enough affordable housing. Getschow added the question is not specifically targeting affordability. Adams noted the questions are asked broadly so there are comparisons, but this could be reconsidered for the next iteration. Adams stated perceptions of airport noise as a major or extreme problem have increased from five percent to ten percent. Aho stated airport operations have not changed. Case inquired what area of the City respondents live. Adams stated there were distinct differences depending on their location within the City. Getschow added the closest quadrant to the airport rated 23 percent, and the second closest rated 18 percent. The other quadrants rated at six and eight percent. Adams stated due to random sampling, quadrants that are more densely populated proportionally receive more surveys. Results are weighted based on the population in their geographic area as well. Adams stated in regards to City website use, two thirds accessed the City website which ranks higher than benchmark comparisons. Seven in ten residents tend to be pleased with the aspects of the City website. Residents continue to rate word of mouth as the most frequent source of information. Getschow noted sources include word of mouth, City website,parks City Council Workshop Minutes March 5, 2019 Page 5 and recreation program guide, Life in the Prairie, Eden Prairie News, radio and television, City news emails, Sun Current, Star Tribune, Facebook,Nextdoor, watching meetings, and Twitter. Adams added there was an increase in Life in the Prairie and City news email ratings. Adams stated the support for municipal liquor stores have remained stable over time. Residents rated aspects they liked least which included traffic issues; a need for more activities, shopping, and dining; taxes; cost of living; layout; and a lack of a downtown area. Narayanan inquired if the survey states how many of the respondents live in houses versus apartments. Adams responded the information is included in the data set but not analyzed for qualitative data. Demographics are stated for quantitative data. Narayanan inquired if there is a survey question that asks about community non-profits. Getschow replied the City has not historically asked about non-profits. Adams noted some communities ask about services the City does not provide, specifically schools. Getschow added the City could consider including a question about non-profit services. Case inquired if there are any ongoing issues that are missing in question format on the survey. Nelson inquired if there is a question asking about adequate social services. Adams noted the survey asks about health care and food, but nothing more specific. Narayanan inquired if the survey is asking enough future-minded questions. Adams stated some communities do alternating surveys every year. One year focusing on policy and the other focusing on overall quality of life. NRC has also conducted a needs assessment survey for communities. Getschow noted the City has utilized City Connect as a resource for one-off issues. The new software, Pollcode, will now have analytics tied to the posed question. Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT ITEM NO.VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,MARCH 5, 2019 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Mark Freiberg, P G Narayanan, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, City Engineer Rod Rue, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 p.m. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. ACCEPT DONATION OF $14,895 FROM EDEN PRAIRIE CRIME PREVENTION FUND FOR PURCHASE AND TRAINING OF A NEW POLICE CANINE (Resolution No. 2019-37) Police Chief Weber reviewed the history of canine aides in Eden Prairie and the importance of support received over the years from the Dr. John Wright family. This generous donation of$14,895 from the Wright family and the Eden Prairie Crime Prevention Fund will pay for both the purchase of the new canine as well as the cost of training. MOTION: Aho moved, seconded by Nelson to adopt Resolution No. 2019-37 accepting the donation of$14,895.00 from the Eden Prairie Crime Prevention Fund for the purchase of a new police canine. Motion carried 5-0. B. 2018 QUALITY OF LIFE SURVEY RESULTS PRESENTATION Case said every two years the City brings in a vendor to conduct a survey of our residents on the quality of life in Eden Prairie. The Council received a report about the 2018 Quality of Life Survey from the vendor,National Research Center(NRC), at the workshop tonight. CITY COUNCIL MINUTES February 19, 2019 Page 2 Morgan Adams,NRC Project Manager, gave a PowerPoint summary of the 2018 Quality of Life survey. She noted 2000 households received the survey mailings, and 494 completed surveys were returned. There were an additional 1500 households that chose to participate in the survey, giving a total of 1994 responses to the 2018 survey. The results of the survey were compared to the national, state and regional benchmarks. She noted it is very difficult to score either higher or lower than the benchmarks as the score must be at least ten points higher or lower than the average score. She reported there were no items in Eden Prairie that rated lower than the benchmarks. Eden Prairie was rated as having an excellent or good quality of life by 95% of the survey respondents. Ms Adams reported survey respondents were asked for their perception of problems in the City. Responses to that question included 30% that listed traffic speeding and 26% that listed vandalism and property crime. Some of the responses represented a slight increase over the 2014 and 2016 surveys. Narayanan pointed out the survey numbers represent respondents' perceptions and are not actual numbers. Ms Adams continued her review of the 2018 survey and said 95% of the respondents rated the parks, recreation and natural environment as excellent or good. In addition, 94%rated the overall quality of City services as excellent or good. Aho thanked Ms Adams and NRC for doing the survey and commented these are great results. He thanked all City staff for making us shine as a city. Narayanan commented it was exciting to hear that we are consistently above the national average and above our peers. The results are better than in previous years, and we need to keep up with those results. Nelson noted the Council plans to keep the positive results going and plans to keep City government small and efficient. Freiberg commented it was exciting that we saw no downward trends in the survey results. Case commented we appreciate the work done by Ms Adams and NRC. He noted this Council is standing on the shoulders of all the Council Members who served before us. A survey like this coming from our residents represents a validation of all the decision making that came before us and shows that our plans are on track. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Narayanan moved, seconded by Freiberg, to approve the agenda as published. Motion carried 5-0. VI. MINUTES CITY COUNCIL MINUTES February 19, 2019 Page 3 A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 19, 2018 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 19, 2018 MOTION: Nelson moved, seconded by Freiberg, to approve the minutes of the City Council workshop held Tuesday, February 19, 2019, and the minutes of the City Council meetings held Tuesday, February 19, 2019. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. GROUND STORAGE WATER RESERVOIR& PUMP STATION by City of Eden Prairie. Second reading of Ordinance 6-2019-PUD-4-2019 for PUD District review with waivers and Zoning District change to Public on 6.55 acres; Resolution 2019-38 for Site Plan review on 6.55 acres (Ordinance No. 6-2019-PUD-4-2019 for PUD District/Zoning Change; Resolution No. 2019-38 for Site Plan Review) C. APPROVE SECOND READING OF ORDINANCE NO. 7-2019 AMENDING CITY CODE CHAPTER 9, RELATING TO MINNESOTA STATE FIRE CODE AND FIRE ALARM SYSTEMS AND ADOPT RESOLUTION NO. 2019-39 APPROVING SUMMARY ORDINANCE D. APPROVE AGREEMENT FOR CONSTRUCTION ADMINISTRATION AND MATERIAL TESTING SERVICES WITH WSB FOR HENNEPIN TOWN ROAD TURN LANE PROJECT E. APPROVE PUBLIC WORKS EQUIPMENT SHARING AGREEMENT F. DECLARE SQUAD CAR#234 AS SURPLUS EQUIPMENT AND AUTHORIZE PURCHASE OF A 2019 DODGE CHARGER G. AWARD CONTRACT TO MIDSTATES EQUIPMENT FOR PURCHASE OF NUVO CRACK SEALANT H. AWARD CONTRACT TO PEMBER COMPANIES, INC. FOR SINGLETREE LANE NORTH STREETSCAPE PROJECT I. AWARD CONTRACT PROJECT TO ODESSA II, LLC FOR SINGLETREE LANE SOUTH STREETSCAPE J. APPROVE AGREEMENT FOR CONSTRUCTION ADMINISTRATION AND MATERIAL TESTING SERVICES WITH WSB FOR SINGLETREE LANE NORTH STREETSCAPE PROJECT CITY COUNCIL MINUTES February 19, 2019 Page 4 K. APPROVE AGREEMENT FOR CONSTRUCTION ADMINISTRATION AND MATERIAL TESTING SERVICES WITH WSB FOR SINGLETREE LANE SOUTH STREETSCAPE PROJECT L. AWARD CONTRACT TO ST. CROIX RECREATION FOR PLAY STRUCTURE REPLACEMENTS AT BLUFFS WEST 1 & 2 AND NESBITT PRESERVE PARKS M. APPROVE AMENDED AND RESTATED PROJECT MANAGEMENT AGREEMENT AND CONSENT TO FIRST AMENDMENT TO ESCROW AGREEMENT FOR CASCADE AT TOWN CENTER Regarding Item L, Freiberg noted this contract represents a fair amount of money, and he asked if it is critical we replace that play structure. Lotthammer explained play structures in major parks tend to need replacement every 12-15 years while those in smaller parks may go 15-20 years. We perform safety inspections of all structures every year, so we have a really good feel for the safety and reliability of the equipment. We use the Capital Improvement Plan (CIP) to program dollars for future years and to set up a replacement schedule. This item includes three different play structures at three different parks. Freiberg asked if this would be more of a preventative measure. Lotthammer replied we may have taken some structures out if they cannot be fixed at the time. Case explained we see the list of replacements in our 10-year CIP, and asked when the next review of that plan would occur. Lotthammer replied we have our list,but sometimes make changes. We have had quite a bit of replacement over the last 5-10 years. Case suggested staff send out the CIP to Council Members in the next few weeks so the new Council Members can become familiar with the CIP. MOTION: Narayanan moved, seconded by Aho, to approve Items A-M on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. 2019 CDBG FUNDS (Resolution No. 2019-40) Getschow said the 2019 Community Development Block Grant(CDBG) allocation has not yet been announced by the office of Housing and Urban Development(HUD). However, the Human Services Review Committee used the conservative estimate of $220,000 in grant funding plus $100,000 in program income funds to make the funding recommendations. Once the actual amount is received, the Housing Rehabilitation Program will be increased or decreased accordingly. Aho asked about the total amount of the allocation last year. Jeremiah replied the CDBG allocation was $340,000. CITY COUNCIL MINUTES February 19, 2019 Page 5 Deb Taylor, Senior Community Services, noted her organization has some office space in the Eden Prairie Senior Center. The Household and Outside Maintenance for the Elderly(HOME)program hires older people in the community and recruits community volunteers to do work for homeowners to help seniors remain in the community. They have hired a handyman, maintain a staff of cleaning people to help with household chores, and provide help with yard clean-up. They assist people over 60 from all income levels. She explained the cost for services provided is based on the ability to pay, and 2/3 of those they help are unable to pay the full cost of the services. She thanked the Council for their support. Narayanan asked how many residents they serve in Eden Prairie. Ms Taylor replied they served 33 in 2017, 35 in 2018, and expect to help 38 in 2019. Case asked if our website is open for our non-profits to use. Getschow replied we have links to the organizations. Jan Palmer, representing PROP, said the CDBG funds are very critical to PROP's work. They have many services to help families and helped over 80 families avoid eviction last year. Over 20 families used the car repair program. She noted it is often a struggle for families to stay in Eden Prairie, and these funds help them do that. She thanked the Council for their support. MOTION: Aho moved, seconded by Nelson, to close the public hearing and to adopt Resolution No. 2019-40 approving the use of 2019 CDBG funds as recommended by the Eden Prairie Human Services Review Committee. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Narayanan moved, seconded by Freiberg, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho, Freiberg,Narayanan, Nelson, and Case voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS A. 2019 COMMISSIONS Case explained the Council relies on our commissions for advice and often tries to place those with expertise on a particular commission. The Council interviews all applicants, and this year we were able to place the vast majority of applicants on commissions. He encouraged those who did not receive a commission appointment to stay involved in the community and to reapply next year. CITY COUNCIL MINUTES February 19, 2019 Page 6 MOTION: Narayanan moved to appoint to the Conservation Commission Debjyoti Dwivedy, Jeanne DeSanctis, and Priya Senthilkumar with terms ending March 31, 2022; and JoAnn McGuire and Aaron Poock with terms ending March 31, 2021; Aho moved to appoint to the Flying Cloud Airport Advisory Commission Daniel Kiely with a term ending March 31, 2022;Nelson moved to appoint to the Heritage Preservation Commission Valerie Ross, Pamela Spera, and Cheryl Kessler with terms ending March 31, 2022; Freiberg moved to appoint to the Human Rights and Diversity Commission Shahram Missaghi, Leslie Philmon, Tyler Aman, and Philip Skeie with terms ending March 31, 2022; and Sana Elassar and Asad Aliweyd with terms ending March 31, 2021;Narayanan moved to appoint to the Parks, Recreation &Natural Resources Commission Kirk Spresser, Kim Harris, and Kenneth Ross with terms ending March 31, 2022; and Aho moved to appoint to the Planning Commission Ann Higgins and Balu Iyer with terms ending March 31, 2022. Seconded by Nelson. Motion carried 5-0. B. 2019 COMMISSION CHAIRS & VICE CHAIRS Case said Chairs and Vice Chairs of the commissions are appointed annually. MOTION: Nelson moved to appoint Anna Anderson Chair and Kate Lohnes Vice Chair of the Conservation Commission; Freiberg moved to appoint Keith Tschohl Chair and Bob Barker Vice Chair of the Flying Cloud Airport Advisory Commission; Narayanan moved to appoint Steve Olson Chair and Tara Kalar Vice Chair of the Heritage Preservation Commission; Aho moved to appoint Gregory Leeper Chair and Shahram Missaghi Vice Chair of the Human Rights and Diversity Commission; Nelson moved to appoint Larry Link Chair and Patrice Erickson Vice Chair of the Parks, Recreation and Natural Resources Commission; and Freiberg moved to appoint Andrew Pieper Chair and Ed Farr Vice Chair of the Planning Commission. Seconded by Narayanan. Motion carried 5-0. Case noted we appreciate the Chairs and Vice Chairs for their extra work and leadership. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR CITY COUNCIL MINUTES February 19, 2019 Page 7 F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Freiberg moved, seconded by Aho, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 7:49 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 19, 2019 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 Cigarette & Tobacco Products 2019 Renewal Licenses Eden Prairie Tobacco Inc 16370 Wagner Way Private Kennel Karl & Brenda Ness 15441 Village Woods Drive Raffle Organization: Safari Club International Minnesota Place: Bearpath Country Club 18100 Bearpath Trail Date: May 16, 2019 Massage Therapist Donna Yun Stallings Massage Envy 11995 Singletree Lane#100 Daniel George Donlin Massage Retreat& Spa 8248Commonwealth Drive Alyssa Suzanne Krakowski Massage Retreat& Spa 8248Commonwealth Drive Trevor Michael Savoie Massage Retreat& Spa 8248Commonwealth Drive Laurea Joy Yunger Massage Retreat& Spa 8248Commonwealth Drive - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 19, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: CommunityDevelopment/Planning A Resolution Affirming Eden Prairie's VIII.B. p g Commitment to Promote Awareness of the Janet Jeremiah/ Steve Durham 2020 Census Requested Action Move to: Adopt the Resolution affirming Eden Prairie's commitment to promote awareness of the 2020 Census. Synopsis April 1, 2019 the State of Minnesota will celebrate a "The One Year Out `til Census Day" event with a social media campaign. As part of the process the State Demographer's office wants to show case communities that have taken steps to ensure that everyone in Minnesota is counted in the 2020 Census. The Resolution will affirm Eden Prairie's commitment to promote awareness of the 2020 Census and support efforts of the State and Federal Government for a complete count. Background Mayor Nancy Tyra-Luken in July of 2017 signed a letter from the City of Eden Prairie to the U.S. Census Bureau, Chicago Regional Office indicating the City's willingness to participate in the 2020 Census with a Complete Count Committee. Attachment Resolution Affirming Eden Prairie's commitment to promote awareness of the 2020 Census. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019-42 A RESOLUTION AFFIRMING EDEN PRAIRIE'S COMMITMENT TO PROMOTE PUBLIC AWARENESS OF THE 2020 CENSUS WHEREAS,the U.S. Census Bureau is required by the U.S. Constitution to conduct a count of the population and provides a historic opportunity to help shape the foundation of our society and play an active role in American democracy; and WHEREAS, Eden Prairie is committed to ensuring every resident is counted; and WHEREAS, federal and state funding is allocated to communities, and decisions are made on matters of national and local importance based, in part, on census data and housing; and WHEREAS, information from the 2020 Census and American Community Survey are vital tools for economic development and increased employment; and WHEREAS, the information collected by the census is confidential and protected by law. NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA,AS FOLLOWS: 1. Support the goals and ideals for the 2020 Census and will disseminate 2020 Census information accordingly. 2. Strive to achieve a complete and accurate count of all persons within our borders. ADOPTED by the City Council of the City of Eden Prairie this 19th day of March, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 19, 2019 DEPARTMENT /DIVISION: ITEM DESCRIPTION: ITEM NO.: Rick Getschow Resolution Preliminarily Authorizing Issuance of VIII.C. City Manager, Administration Revenue Bonds for the Edendale Multifamily Housing Development Requested Action Move to: Adopt a Resolution preliminarily authorizing the issuance of revenue bonds for the Edendale Multifamily Housing Development in an amount not to exceed$10,000,000. Synopsis Aeon Edendale Limited Partnership, a Minnesota limited partnership (the "Borrower"), has proposed that the City provide financial assistance through the issuance of conduit revenue bonds in an aggregate principal amount not to exceed $10,000,000, in one or more series (the "Bonds"), for the purpose of loaning the proceeds thereof to the Borrower to finance the acquisition and rehabilitation of an existing 61-unit multifamily rental housing facility and related amenities located at 16700 Main Street in the City (the "Project"). The Project is currently owned by Edendale Residents Inc. Aeon Edendale Limited Partnership expects to purchase the property in early May. As a condition to the issuance of the Bonds, Minnesota Statutes, Chapter 462C, as amended, requires the City to prepare a housing program (the "Housing Program"), and hold a duly noticed public hearing on the Housing Program and the Bonds. In addition, under Section 146 of the Internal Revenue Code of 1986, as amended, the Bonds must receive an allocation of the bonding authority of the State of Minnesota before the City may issue the Bonds. To that end, before the City Council is a resolution that takes the following actions: (i) preliminarily authorizes the issuance of the Bonds; (ii) authorizes the City Manager to establish a date for a public hearing and publication of the notice thereof; (iii) authorizes the preparation of a housing program to authorize the issuance by the City of the Bonds to finance the acquisition, construction, and rehabilitation of the Project; (iv) authorizes the preparation and submission of an application for allocation of bonding authority of the State of Minnesota; and (v) declares the official intent of the City to reimburse the Borrower for expenditures made or to be made for costs of the Project from proceeds of the Bonds. Additional Information Edendale is a 61-unit project based section 8 senior apartment complex. Aeon Edendale Limited Partnership plans to maintain the section 8 housing. Aeon Edendale Limited Partnership plans to purchase the property and invest approximately $20,000 to $25,000 in each unit. This may include roofing, windows, appliance replacement, counter tops, lighting, etc. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2019-_ RELATING TO A MULTIFAMILY RENTAL HOUSING FACILITY AND THE ISSUANCE OF CONDUIT HOUSING REVENUE BONDS UNDER MINNESOTA STATUTES, CHAPTER 462C,AS AMENDED; GRANTING PRELIMINARY APPROVAL THERETO; CALLING FOR A PUBLIC HEARING; ESTABLISHING COMPLIANCE WITH CERTAIN REIMBURSEMENT REGULATIONS UNDER THE INTERNAL REVENUE CODE OF 1986,AS AMENDED; AND TAKING CERTAIN OTHER ACTIONS WITH RESPECT THERETO (EDENDALE RESIDENCE PROJECT) BE IT RESOLVED by the City Council (the "Council") of the City of Eden Prairie, Minnesota (the"City"), as follows: Section 1. Recitals. 1.1. The City is a municipal corporation and political subdivision duly organized and existing under the Constitution and laws of the State of Minnesota. 1.2. Pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), the City is authorized to carry out the public purposes described in the Act by providing for the issuance of revenue bonds to provide funds to finance or refinance multifamily rental housing developments located within the City. 1.3. Aeon Edendale GP LLC, a Minnesota limited liability company, intends to form Aeon Edendale Limited Partnership, a Minnesota limited partnership (or an entity affiliated with or created by Aeon, the "Borrower"), which proposes that the City issue its revenue bonds, pursuant to the Act, in an aggregate principal amount not to exceed $10,000,000, in one or more series at one time or from time to time(the"Bonds"). 1.4. The proceeds of the Bonds are proposed to be loaned by the City to the Borrower to be applied by the Borrower to (i) finance the acquisition, rehabilitation, and equipping of an approximately 61 unit rental housing facility and related amenities located at 16700 Main Street in the City known as the Edendale Residence (the "Project"); (ii) fund one or more reserve funds to secure the timely payment of the Bonds, if necessary; (iii)pay interest on the Bonds during the construction of the Project, if necessary; and(iv)pay the costs of issuing the Bonds. 1.5. As a condition to the issuance of the Bonds, the City must adopt a housing program providing the information required by Section 462C.03, subdivision la of the Act (the "Housing Program"). 1.6. Prior to the issuance of the Bonds, a public hearing will be held and notice of the public hearing will be published in accordance with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended(the"Code")and Section 462C.04, subdivision 2 of the Act. 1.7. Under Section 146 of the Code, the Bonds must receive an allocation of the bonding authority of the State of Minnesota. An application for such an allocation must be made pursuant to the requirements of Minnesota Statutes, Chapter 474A, as amended (the "Allocation Act") and preliminary approval of the issuance of the Bonds by the Council is sufficient to authorize the submission of an application to the State of Minnesota for an allocation of bonding authority with respect to the Bonds to finance the Project. Section 2. Preliminary Findings. Based on representations made by the Borrower to the City to date,the Council hereby makes the following preliminary findings, determinations, and declarations: 2.1 The Project consists of the acquisition, rehabilitation, and equipping of an existing a multifamily rental housing development designed and intended to be used for rental occupancy. 2.2 The proceeds of the Bonds will be loaned to the Borrower and the proceeds of the loan will be applied to: (i)the acquisition, rehabilitation, and equipping of the Project; (ii)the funding of one or more reserve funds to secure the timely payment of the Bonds, if necessary; (iii) the payment of interest on the Bonds during the rehabilitation of the Project, if necessary; and (iv) the payment of the costs of issuing the Bonds. The City and the Borrower will enter into a loan agreement(or other revenue agreement) (the "Loan Agreement") requiring loan repayments from the Borrower in amounts sufficient to repay the loan when due and requiring the Borrower to pay all costs of maintaining and insuring the Project,including taxes thereon. 2.3 In preliminarily authorizing the issuance of the Bonds and the financing of the acquisition, rehabilitation, and equipping of the Project and related costs, the City's purpose is, and the effect thereof will be, to promote the public welfare of the City and its residents by retaining and improving multifamily housing developments for low and moderate income residents of the City and otherwise furthering the purposes and the policies of the Act. 2.4 The Bonds will be special, limited obligations of the City payable solely from the revenues pledged to the payment thereof under the loan agreement (or other revenue agreement) referred to above, and will not be a general or moral obligation of the City and will not be secured by or payable from revenues derived from any exercise of the taxing powers of the City. Section 3. Public Hearing. The City Council will conduct a public hearing on the Housing Program, the Project, and the issuance of the Bonds by the City at a regular or special meeting on a date as shall be determined by the City staff for which proper notice may be given as provided below. Notice of such hearing(the"Public Notice")will be published as required by Section 462C.04, subdivision 2 and Section 147(f) of the Code. The City Clerk of the City is hereby authorized and directed to publish the Public Notice, in substantially the form attached hereto as EXHIBIT A, as required by Section 462C.04.. At the public hearing, reasonable opportunity will be provided for interested individuals to express their views, both orally and in writing, on the Project, the Housing Program, and the proposed issuance of the Bonds. Section 4. Housing Program. Kennedy & Graven, Chartered, acting as bond counsel with respect to the Project and the Bonds ("Bond Counsel") shall prepare and submit to the Metropolitan Council for its review a draft Housing Program to authorize the issuance by the City of up to approximately $10,000,000 in revenue bonds in one or more series to finance the acquisition, construction, and equipping of the Project by the Borrower. Section 5. Submission of an Application for an Allocation of Bonding Authority. The City Council hereby authorizes the submission of an application for allocation of bonding authority pursuant to 2 Section 146 of the Code and the Allocation Act in accordance with the requirements of the Allocation Act. The Mayor of the City or the City Manager and Bond Counsel are hereby authorized and directed to take all actions, in cooperation with the Borrower, as are necessary to submit an application for an allocation of bonding authority to Minnesota Management&Budget. Section 6. Preliminary Approval. The City Council hereby grants preliminary approval to the issuance of the Bonds in the approximate maximum aggregate principal amount of$10,000,000 to finance all or a portion of the costs of the Project pursuant to the Housing Program of the City, subject to: (i)review of the Housing Program by the Metropolitan Council; (ii) a public hearing as required by the Act and Section 147(f)of the Code; (iii)receipt of an allocation of the bonding authority from the State of Minnesota; (iv)final approval following the preparation of bond documents; and (v) final determination by the City Council that the financing of the Project and the issuance of the Bonds are in the best interests of the City. Section 7. Reimbursement of Costs under the Code. 7.1. The United States Department of the Treasury has promulgated regulations governing the use of the proceeds of tax-exempt bonds, all or a portion of which are to be used to reimburse the City or the Borrower for project expenditures paid prior to the date of issuance of such bonds. Those regulations (Treasury Regulations, Section 1.150-2) (the "Regulations") require that the City adopt a statement of official intent to reimburse an original expenditure not later than 60 days after payment of the original expenditure. The Regulations also generally require that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds occur within 18 months after the later of: (i)the date the expenditure is paid; or (ii) the date the project is placed in service or abandoned, but in no event more than 3 years after the date the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures and costs of issuance of the Bonds. 7.2. To the extent any portion of the proceeds of the Bonds will be applied to expenditures with respect to the Project, the City reasonably expects to reimburse the Borrower for the expenditures made for costs of the Project from the proceeds of the Bonds after the date of payment of all or a portion of such expenditures. All reimbursed expenditures shall be capital expenditures, costs of issuance of the Bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Regulations and also qualifying expenditures under the Act. Based on representations by the Borrower, other than (i) expenditures to be paid or reimbursed from sources other than the Bonds, (ii) expenditures permitted to be reimbursed under prior regulations pursuant to the transitional provision contained in Section 1.150-2(j)(2)(i)(B) of the Regulations, (iii)expenditures constituting preliminary expenditures within the meaning of Section 1.150-2(f)(2)of the Regulations, or (iv) expenditures in a "de minimis" amount (as defined in Section 1.150-2(f)(1) of the Regulations), no expenditures with respect to the Project to be reimbursed with the proceeds of the Bonds have been made by the Borrower more than 60 days before the date of adoption of this resolution of the City. 7.03. Based on representations by the Borrower, as of the date hereof, there are no funds of the Borrower reserved, allocated on a long term-basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis or otherwise set aside) to provide permanent financing for the expenditures related to the Project to be financed from proceeds of the Bonds, other than pursuant to the issuance of the Bonds. This resolution, therefore, is determined to be consistent with the budgetary and financial circumstances of the Borrower as they exist or are reasonably foreseeable on the date hereof. 3 Section 8. Costs. The Borrower will pay the administrative fee of the City and for the issuance of conduit debt. The Borrower will also pay, or, upon demand, reimburse the City for payment of, any and all costs incurred by the City in connection with the Project and the issuance of the Bonds,whether or not the Bonds are issued,including any costs for attorneys' fees. Section 9. Commitment Conditional; Expiration of Commitment. The adoption of this resolution does not constitute a guarantee or a firm commitment that the City will issue the Bonds as requested by the Borrower. If, as a result of information made available to or obtained by the City during its review of the Project, it appears that the Project or the issuance of Bonds to finance or refinance the costs thereof is not in the public interest or is inconsistent with the purposes of the Act, the City reserves the right to decline to give fmal approval to the issuance of the Bonds. The City also retains the right, in its sole discretion, to withdraw from participation and accordingly not issue the Bonds, or issue the Bonds in an amount less than the amount referred to herein, should the City Council, at any time prior to the issuance thereof, determine that it is in the best interests of the City not to issue the Bonds, or to issue the Bonds in an amount less than the amount referred to herein, or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents for this financing transaction. All commitments of the Issuer expressed herein are subject to the condition that the Issuer and the Borrower shall have agreed to mutually acceptable terms and conditions of the Loan Agreement, the Bonds, and of the other instruments and proceedings relating to the Bonds and that the closing of the issuance and sale of the Bonds shall have occurred by no later than December 31, 2019. If the events set forth herein do not take place within the time set forth above, or any extension thereof, and the Bonds are not sold within such time,this resolution shall expire and be of no further effect. Section 10. Effective Date. This Resolution shall be in full force and effect from and after its adoption. ADOPTED by the Eden Prairie City Council on this 19th day of March,2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk 4 EXHIBIT A NOTICE OF PUBLIC HEARING ON A HOUSING PROGRAM AND THE ISSUANCE OF CONDUIT REVENUE BONDS FOR A MULTIFAMILY HOUSING PROJECT NOTICE IS HEREBY GIVEN that the City Council of the City of Eden Prairie, Minnesota (the "Council") will meet on , 2019 at 7:00 p.m., or as soon thereafter as the matter may be heard, at the City Hall at 8080 Mitchell Road in the City for the purpose of conducting a public hearing on a proposal Aeon Edendale Limited Partnership, a Minnesota limited partnership (or an entity affiliated with or created by Aeon, the "Borrower") that the City of Eden Prairie, Minnesota (the "City") finance the acquisition, rehabilitation and equipping of a rental housing development, hereinafter described, by the issuance of conduit revenue bonds or other obligations (the "Bonds") pursuant to Minnesota Statutes, Chapter 462C,as amended,and that the City adopt a housing program for such bonds. The proceeds of the Bonds are proposed to be loaned by the City to the Borrower to be applied by the Borrower to (i) finance the acquisition,rehabilitation and equipping of an approximately 61 unit rental housing facility and related amenities located at 16700 Main Street in the City; (ii) fund a debt service reserve fund, if necessary; (iii) pay interest on the Bonds during the construction of the Project, if necessary; and (iv) pay a portion of the costs of issuing the Bonds. The Project will be owned and operated by the Borrower. The estimated maximum aggregate principal amount of bonds or other obligations to be issued to finance the Project is $10,000,000. The Bonds if and when issued will be special, limited obligations of the City, and the Bonds and interest thereon will be payable solely from the revenues and assets pledged to the payment thereof. No holder of any Bond will have the right to compel any exercise of the taxing power of the City to pay the Bonds or the interest thereon, nor to enforce payment against any property of the City except money payable by the Borrower to the City and pledged to the payment of the Bonds. Before issuing the Bonds, the City will enter into an agreement with the Borrower,whereby the Borrower will be obligated to make payments at least sufficient at all times to pay the principal of and interest on the Bonds when due. Following the public hearing the Council will consider a resolution approving a housing program prepared in accordance with the requirements of the Act and granting approval to the issuance of the Bonds. A copy of the housing program will be on file at City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota 55344, Monday through Friday during the City's normal business hours until the date of the Public Hearing. At the time and place fixed for the Public Hearing, the City Council will give all persons who appear or submit comments in writing to the City Council prior to the hearing, an opportunity to express their views with respect to the proposal. In addition, interested persons may file written comments respecting the proposal with the City Clerk at or prior to said public hearing. Publish ,2019. A-1 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 19, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #16-5943 ITEM NO.: Carter Schulze Approve General Obligation (GO) Bond Grant VIII.D. Public Works/Engineering Agreement 1020321 with the State of Minnesota Related to the Quiet Zone Project Requested Action Move to: Adopt resolution approving General Obligation (GO) Bond Grant Agreement 1020321 with the State of Minnesota Related to the Quiet Zone Project. Synopsis This Agreement provides for the disbursement of grant proceeds for the installation of at-grade railroad crossing safety improvements including, but not limited to, signals, gates and constant warning time detectors at West 62nd Street& Bike Path, Birch Island Road, Eden Prairie Path Crossing and Valley View Road for the establishment of a Railroad Quiet Zone in Eden Prairie. Background In 2016, a Railroad Quiet Zone Assessment for Eden Prairie was completed. The assessment identified options to improve safety of at-grade rail crossings and to minimize the impacts of train horn noise throughout the community. The assessment included the following crossings: • West 62nd Street • Birch Island Road • Valley View Road • Unofficial crossing east of Valley View Road connecting Duck Lake Road and the Eden Prairie High School. During the 2017 Legislative session, a bill was passed to provide $1,400,000 in state funding for rail grade crossing improvements, which will enable the establishment of a railroad quiet zone through Eden Prairie. Additional agreements with MnDOT to provide for roadway improvements will follow and work in conjunction with this agreement and the Twin Cities and Western Railroad agreement. Attachments Resolution GO Bond Grant Agreement 1020321 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2019- _ RESOLUTION AUTHORIZING THE EXECUTION OF THE GENERAL OBLIGATION BOND GRANT AGREEMENT 1020321 WITH THE STATE OF MINNESOTA RELATED TO THE EDEN PRAIRIE QUIET ZONE PROJECT NO.: I.C. 16-5943 WHEREAS,pursuant to Minnesota State Statue Section 219.166,the City of Eden Prairie supports the establishment of a Quiet Zone encompassing Valley View Road, Eden Prairie Path Crossing, Birch Island Road and West 62nd Street; and WHEREAS, under provisions contained in Minnesota Laws of the 2017 First Special Session, Chapter 8,Article 1, Section 15, Subd 13, and amended by the Minnesota Laws of the 2018 Regular Session,Chapter 214,Article 2, Section 35,has allocated$1,400,000 from General Obligation Bond Proceeds to the City of Eden Prairie as a grant to design,construct, and equip new passive and active rail grade crossing safety devices, including associated road and pathway improvements, at existing and proposed highway-rail grade crossings, and pathway-rail grade crossings; or replace existing highway-rail grade crossings. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. The City of Eden Prairie authorizes the execution of the General Obligation Bond Grant Agreement with the State of Minnesota to enable the receipt of awarded funding. 2. Per Minnesota Statute 412.211, the City of Eden Prairie has the legal authority to enter into said agreement with the State Departiiient of Transportation and the Twin Cities and Western Railroad Company. 3. The City of Eden Prairie agrees to fund any maintenance requirements over the bond period if Twin Cities and Western Railroad Company does not fulfil its commitment to perform maintenance. 4. The City of Eden Prairie agrees to maintain the proper insurance required by the General Obligation Bond Grant Agreement. 5. The City of Eden Prairie agrees to cover any costs that exceed the amount of funds provided by the state(bond plus federal)necessary to complete the project. ADOPTED by the Eden Prairie City Council on March 19, 2019. Ronald A. Case,Mayor ATTEST: SEAL Kathleen Porta, City Clerk MnDOT Agreement 1020321 GENERAL OBLIGATION BOND PROCEEDS GRANT AGREEMENT CONSTRUCTION GRANT FOR THE CITY OF EDEN PRAIRIE TO UPGRADE & INSTALL NEW ACTIVE HIGHWAY-RAIL GRADE WARNING SAFETY DEVICES AND TO DESIGN, CONSTRUCT AND EQUIP HIGHWAY-RAIL GRADE CROSSING WARNING DEVICES AND ASSOCIATED ROADWAY AND PATHWAY SAFETY IMPROVEMENTS Eden Prairie GO Bond Proceeds Grant Agreement Ver—8/27/2018 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 TABLE OF CONTENTS RECITALS 1 ARTICLE I—DEFINITIONS Section 1.01 —Defined Terms 2 ARTICLE II—GRANT Section 2.01 —Grant of Monies 4 Section 2.02—Use of Grant Proceeds 4 Section 2.03 —Operation of the Real Property and Facility 5 Section 2.04—Grant Recipient Representations and Warranties 5 Section 2.05 —Event(s) of Default 9 Section 2.06—Remedies 10 Section 2.07—Notification of Event of Default 10 Section 2.08 —Term of Grant Agreement 10 Section 2.09—Modification and/or Early Termination of Grant 10 Section 2.10—Effect of Event of Default 11 Section 2.11 —Excess Funds 11 ARTICLE III—USE AND SALE Section 3.01 —Use Contracts 11 Section 3.02— Sale 13 Section 3.03 —Proceeds of a Sale 13 ARTICLE IV—COMPLIANCE WITH THE CODE Section 4.01 —Preservation of Tax-Exempt Status 14 ARTICLE V—DISBURSEMENT OF GRANT PROCEEDS Section 5.01 —The Advances 15 Section 5.02—Draw Requisitions 15 Section 5.03 —Additional Funds from Borrower 16 Section 5.04—Conditions Precedent to Any Advance 17 Section 5.05 —Construction Inspections 19 ARTICLE VI—MISCELLANEOUS Section 6.01 —Insurance 19 Section 6.02—Condemnation 20 Section 6.03 —Use, Maintenance, Repair and Alterations 21 Section 6.04—Records Keeping and Reporting 21 Section 6.05 —Inspection of Facility After Completion 22 Section 6.06—Data Practices 22 Section 6.07—Non-Discrimination 22 Section 6.08 —Worker's Compensation 22 Section 6.09—Antitrust Claims 22 Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/2019 for MnDOT Railroad Crossing Safety Improvement Grants 1 MnDOT Agreement 1020321 Section 6.10—Review of Plans and Cost Estimates 22 Section 6.11 —Prevailing Wages 24 Section 6.12—Liability 24 Section 6.13 —Indemnification by the Grant Recipient 24 Section 6.14—Relationship of the Parties 25 Section 6.15 —Notices 26 Section 6.16—Binding Effect and Assignment or Modification 26 Section 6.17—Waiver 26 Section 6.18 —Entire Agreement 27 Section 6.19—Choice of Law and Venue 27 Section 6.20— Severability 27 Section 6.21 —Time of Essence 27 Section 6.22—Counterparts 27 Section 6.23 —Matching Funds 27 Section 6.24— Source and Use of Funds 27 Section 6.25 —Project Completion Schedule 29 Section 6.26—Third-Party Beneficiary 29 Section 6.27—Applicability to Real Property and Facility 29 Section 6.28 —E-Verification 29 Section 6.29—Jobs Reporting Requirements 29 Section 6.30—Additional Requirements 29 Attachment I—DECLARATION 32 Attachment II—LEGAL DESCRIPTION OF REAL PROPERTY 34 Attachment III—SOURCE AND USE OF FUNDS 35 Attachment IV—PROJECT COMPLETION SCHEDULE 36 Attachment V—JOBS REPORTING 37 Attachment VI—CERTIFICATION 39 Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/2019 for MnDOT Railroad Crossing Safety Improvement Grants 11 MnDOT Agreement 1020321 GENERAL OBLIGATION BOND PROCEEDS GRANT AGREEMENT CONSTRUCTION GRANT FOR THE CITY OF EDEN PRAIRIE TO UPGRADE & INSTALL NEW ACTIVE HIGHWAY- RAIL GRADE WARNING SAFETY DEVICES AND TO DESIGN, CONSTRUCT AND EQUIP HIGHWAY-RAIL GRADE CROSSING WARNING DEVICES AND ASSOCIATED ROADWAY AND PATHWAY SAFETY IMPROVEMENTS THIS AGREEMENT shall be effective as of , 2019 and is between the City of Eden Prairie Minnesota, a Plan B statutory city, (the "Grant Recipient"), and the Minnesota Department of Transportation(the "State Entity"). RECITALS A. Under the provisions contained in Minnesota Laws of 2017, First Special Session chapter 8, article 1, section 15, subdivision 13; as amended by Minnesota Laws 2018, Regular Session, chapter 214, article 2, section 35 (the "G.O. Bonding Legislation"), the State of Minnesota has allocated $1,400,000.00 (the"Grant") which is to be given to the Grant Recipient as a grant to (1) design, construct, and equip new passive and active rail grade crossing safety devices, including associated road and pathway improvements, at existing and proposed highway-rail grade crossings, and pathway-rail grade crossings; or (2) replace existing highway-rail grade crossings. Upon request by the City of Eden Prairie, the Commissioner of Transportation must provide reasonable technical assistance regarding highway-rail grade crossing project development and the establishment of rail quiet zones.; and B. The monies allocated to fund the grant to the Grant Recipient are proceeds of state general obligation bonds authorized to be issued under Article XI, Sec. 5(i) of the Minnesota Constitution; and C. The Federal Highway Administration(FHWA),when acting in cooperation with the State of Minnesota, is authorized by Title 23 of the United States Code to make Federal Aid available for the purpose of eliminating hazards at railroad grade crossings within the State of Minnesota; and D. The Federal Highway Administration authorized$5,000 for four(4) crossings associated with this agreement on February 27, 2019 for a total of$20,000.00(FHWA Funds); and E. The State, pursuant to Minnesota Statute Section 161.36, is authorized to cooperate with the United States Government and any agency or department thereof in the construction, improvement, enhancement and maintenance of transportation in the state of Minnesota and may Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 comply with the with the provisions of the laws of the United States and any regulations made thereunder for the expenditure of federal moneys; and F. The State, pursuant to Minnesota Statute Section 219.26, has reviewed the proposed selection of warning devices for the railroad grade crossing and has determined that the proposed selection is appropriate for said crossings; and G. The Grant Recipient and the State Entity desire to set forth herein the provisions relating to the granting of such monies and the disbursement thereof to the Grant Recipient. IN CONSIDERATION of the grant described and other provisions in this Agreement, the parties to this Agreement agree as follows. Article I DEFINITIONS Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have the meanings set out respectively after each such term (the meanings to be equally applicable to both the singular and plural forms of the terms defined), unless the context specifically indicates otherwise: "Advance(s)"—means an advance made or to be made by the State Entity to the Grant Recipient and disbursed in accordance with the provisions contained in Article IV hereof. "Agreement" -means this General Funds Grant Agreement Construction Grant for the City of Eden Prairie to upgrade and install new active highway-rail grade warning safety devices and to design, construct, and equip highway rail grade crossing warning devices and associated roadway and pathway safety improvements as authorized by such legislation; and "Architect", if any - means SRF Consulting Group, which will administer the Construction Contract Documents on behalf of the Grant Recipient. "Code" - means the Internal Revenue Code of 1986, as amended from time to time, and all treasury regulations,revenue procedures and revenue rulings issued pursuant thereto. "Commissioner of Management and Budget" - means the State of Minnesota acting through its Commissioner of Management and Budget, and any designated representatives thereof "Completion Date" —means September 30, 2020 the date of projected completion of the Project as specified in the Construction Contract Documents. "Contractor" - means any person engaged to work on or to furnish materials and supplies for the Project including, if applicable, a general contractor. Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 "Construction Contract Documents" - means the document or documents, in form and substance acceptable to the State Entity, including but not limited to any construction plans and specifications and any exhibits, amendments, change orders or supplements thereto, which collectively form the contract between the Grant Recipient and the Contractor or Contractors concerning the Project and which provide for the completion of the Project on or before the Completion Date for either a fixed price or a guaranteed maximum price. "Construction Items" - means the work to be performed under the Construction Contract Documents. "Declaration" -means a declaration, or declarations, in the form as Attachment I and all amendments thereto, indicating that the Grant Recipient's interest in the Real Property and, if applicable, the Facility is subject to the provisions of this Agreement. "Draw Requisition"-means a draw requisition that the Grant Recipient,or its designee, will submit to the State Entity when an Advance is requested, and which is referred to in Section 5.02. "Event of Default" -means those events delineated in Section 2.05. "Facility", if applicable, - means highway-rail grade crossing warning devices and associated safety improvements, which is located, or will be constructed and located, on the Real Property. "Fair Market Value" — means either (i) the price that would be paid by a willing and qualified buyer to a willing and qualified seller as determined by an appraisal which assumes that all mortgage liens or encumbrances on the property being sold, which negatively affect the value of such property,will be released,or(ii)the price bid by a purchaser under a public bid procedure after reasonable public notice, with the proviso that all mortgage liens or encumbrances on the property being sold,which negatively affect the value of such property, will be released at the time of acquisition by the purchaser. "FHWA Funds"-means monies from the Federal Highway Administration to the State Entity to increase safety at grade crossings throughout the State of Minnesota. An amount of $20,000 in FHWA funds was provided on this project for these purposes. "G.O.Bonding Legislation"-means the legislation delineated in Recital A hereinabove as the G.O. Bonding Legislation. "G.O. Bonds" - means that portion of the state general obligation bonds issued under the authority granted in Article XI, Sec. 5(i) of the Minnesota Constitution, the proceeds of which are used to fund the Grant and any bonds issued to refund or replace such bonds. "Grant" - means a grant of monies from the State Entity to the Grant Recipient in an amount of$1,400,000.00, which amount may be modified under the provisions contained herein. Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 "Grant Recipient" - means City of Eden Prairie, a plan B statutory city "Inspecting Engineer", if any - means the State Entity's construction inspector, or its designated consulting engineer. "Outstanding Balance of the Grant" - means the portion of the Grant that has been disbursed to or on behalf of the Grant Recipient minus any portion thereof previously paid back to the Commissioner of Management and Budget. "Project" - means the acquisition of an interest in the Real Property and, if applicable, the Facility, along with the performance of those activities indicated in Section 2.03. "Real Property" - means the real property located in the County of Hennepin State of Minnesota, legally described in Attachment II. "State Entity" -means the Minnesota Department of Transportation "Use Contract"-means a lease,management contract or other similar contract between Grant Recipient and any other entity, and which involves or relates to the Real Property and, if applicable, the Facility. "Usee" - means any entity with which the Grant Recipient contracts under a Use Contract. "Useful Life of the Real Property and, if applicable, the Facility"—means the term set forth in Section 2.04.W. of this Agreement, which was derived as follows: (i) 30 years for Real Property that has no structure situated thereon or if any structures situated thereon will be removed, and no new structures will be constructed thereon, (ii) the remaining useful life of the Facility as of the effective date of this Agreement for Facilities that are situated on the Real Property as of the date of this Agreement,that will remain on the Real Property and that will not be bettered, or (iii) the useful life of the Facility after the completion of the construction or betterments for Facilities that are to be constructed or bettered. Article II GRANT Section 2.01 Grant of Monies. The State Entity shall issue the Grant to the Grant Recipient and disburse the proceeds in accordance with the provisions of this Agreement. The Grant is not intended to be a loan even though the portion thereof that is disbursed may need to be returned to the State Entity or the Commissioner of Management and Budget under certain circumstances. Section 2.02 Use of Grant Proceeds. The Grant Recipient shall use the Grant solely to reimburse itself for expenditures it has already made, or will make, in the performance of the following activities: Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 (Check all appropriate boxes.) Acquisition of fee simple title to the Real Property; nAcquisition of a leasehold interest in the Real Property; Acquisition of an easement on the Real Property; ITImprovement of the Real Property, Acquisition of the Facility, ITImprovement of the Facility, XD Renovation or rehabilitation of the Facility, ITConstruction of the Facility, or 0 Preliminary Engineering Section 2.03 Operation of the Real Property and Facility. The Grant Recipient shall operate the Real Property and, if applicable, the Facility, or cause it to be operated, as highway- rail grade crossing warning devices and associated safety improvements, or for such other use as the Minnesota legislature may from time to time designate, and may enter into Use Contracts with Usees to so operate the Real Property and, if applicable, the Facility; provided that such Use Contracts must have been approved, in writing,by the Commissioner of Management and Budget and fully comply with all of the provisions contained in Section 3.01. The Grant Recipient shall also annually determine that the Real Property and, if applicable, the Facility are being so used, and shall annually supply a statement to such effect to the State Entity. Section 2.04 Grant Recipient Representations and Warranties. The Grant Recipient further covenants with, and represents and warrants to the State Entity as follows: A. It has legal authority to enter into, execute, and deliver this Agreement, the Declaration, and all documents referred to herein, and it has taken all actions necessary to its execution and delivery of such documents. B. It has legal authority to use the Grant for the purpose or purposes described in Recital A of this Agreement. C. This Agreement, the Declaration, and all other documents referred to herein are the legal, valid and binding obligations of the Grant Recipient enforceable against the Grant Recipient in accordance with their respective terms. Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 D. It will comply with all of the terms, conditions, provisions, covenants, requirements, and warranties in this Agreement, the Declaration, and all other documents referred to herein. E. It will comply with all of the provisions and requirements contained in and imposed by the G.O. Bonding Legislation. F. It has made no material false statement or misstatement of fact in connection with its receipt of the Grant, and all of the information it previously submitted to the State Entity or which it will submit to the State Entity or Commissioner of Management and Budget in the future relating to the Grant or the disbursement of any of the Grant is and will be true and correct. G. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge threatened,before any judicial body or governmental authority against or affecting it relating to the Real Property and, if applicable,the Facility, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Agreement, the Declaration, or any document referred to herein, or to perform any of the acts required of it in such documents. H. Neither the execution and delivery of this Agreement, the Declaration, or any document referred to herein,nor compliance with any of the terms,conditions,requirements, or provisions contained in any of such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or provision of any agreement or document to which it is now a party or by which it is bound. I. The contemplated use of the Real Property and,if applicable,the Facility will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. J. The Project was,or will be,completed in full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Project. K. All applicable licenses, permits and bonds required for the performance and completion of the Project have been, or will be, obtained. L. All applicable licenses, permits and bonds required for the operation of the Real Property and, if applicable,the Facility in the manner specified in Section 2.03 have been, or will be, obtained. M. It will operate, maintain, and manage the Real Property and, if applicable, the Facility or cause the Real Property and, if applicable, Facility, to be operated, maintained and managed in compliance with all applicable laws, statutes, rules, ordinances, and Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Real Property and, if applicable, the Facility. N. It has, or will acquire, the following interest in the Real Property and, if applicable, the Facility, and, in addition, will possess all easements necessary for the operation,maintenance and management of the Real Property and, if applicable,the Facility in the manner specified in Section 2.03: (Check the appropriate box for the Real Property and, if applicable, for the Facility.) Ownership Interest in the Real Property. 0 Fee simple ownership of the Real Property. EiA Real Property/Facility Lease for the Real Property, in form and substance acceptable to the State Entity, for a term of at least 125% of the Useful Life of the Real Property and,if applicable,Facility,which cannot be prematurely cancelled or terminated without the prior written consent of the State Entity. (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: .) ❑ An easement for the Real Property, in form and substance acceptable to the State Entity, for a term of at least 125% of the Useful Life of the Real Property and, if applicable, Facility, which cannot be prematurely cancelled or terminated without the prior written consent of the State Entity. (If the term of the easement is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: .) Ownership Interest in, if applicable, the Facility. © Fee simple ownership of the Facility. 0 A Real Property/Facility Lease for the Facility, in form and substance acceptable to the State Entity, for a term of at least 125% of the Useful Life of the Real Property and, if applicable,Facility,which cannot be prematurely cancelled or terminated without the prior written consent of the State Entity. (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: .) ❑ Not applicable because there is no Facility. and such interests are or will be subject only to those easements, covenants, conditions and restrictions that will not materially interfere with the completion of the Project and the Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 intended operation and use of the Real Property and, if applicable, the Facility, or those easements, covenants, conditions and restrictions which are specifically consented to, in writing, by the State Entity. O. It will fully enforce the terms and conditions contained in any Use Contract. P. It has complied with the matching funds requirement,if any, contained in Section 6.23. Q. It will supply, or cause to be supplied, whatever funds are needed above and beyond the amount of the Grant to complete and fully pay for the Project. R. The Construction Items will be completed substantially in accordance with the Construction Contract Documents by the Completion Date, and will be situated entirely on the Real Property. S. It will require the Contractor or Contractors to comply with all rules,regulations, ordinances, and laws bearing on its performance under the Construction Contract Documents. T. It will not allow any lien or encumbrance that is prior and superior to the State's interest in the bond-financed property. U. It does not reasonably expect to receive payments under a Use Contract in excess of the amount the Grant Recipient needs and is authorized to use to pay the operating expenses of the portion of the Real Property and, if applicable, Facility that is the subject of the Use Contract or to pay the principal, interest, redemption premiums, and other expenses on any debt related to the Real Property and, if applicable, Facility, other than the debt on the G.O. Bonds. V. It will furnish to the State Entity as soon as possible and in any event within 7 calendar days after the Grant Recipient has obtained knowledge of the occurrence of each Event of Default, or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default, or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default, and the action which the Grant Recipient proposes to take with respect thereto. W. The Useful Life of the Real Property and, if applicable, Facility is 30 years. X. It has or will promptly record a fully executed Declaration with the appropriate governmental office and deliver a copy thereof to the State Entity and to Minnesota Management and Budget(attention: Capital Projects Manager)that contains all the recording information. Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 Y. It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested in writing by either the State Entity or the Commissioner of Management and Budget. Section 2.05 Event(s) of Default. The following events shall, unless waived in writing by the State Entity and the Commissioner of Management and Budget, constitute an Event of Default under this Agreement upon either the State Entity or the Commissioner of Management and Budget giving the Grant Recipient 30 days written notice of such event, and the Grant Recipient's failure to cure such event during such 30 day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Grant Recipient is using its best efforts to cure and is making reasonable progress in curing such Events of Default, however, in no event shall the time period to cure any Event of Default exceed 6 months. Notwithstanding the foregoing, any of the following events that cannot be cured shall, unless waived in writing by the State Entity and the Commissioner of Management and Budget, constitute an Event of Default under this Agreement immediately upon either the State Entity or the Commissioner of Management and Budget giving the Grant Recipient written notice of such event. A. If any representation, covenant, or warranty made by the Grant Recipient herein, in any Draw Requisition, or in any other document furnished pursuant to this Agreement, or in order to induce the State Entity to make any Advance, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. B. If the Grant Recipient fails to fully comply with any provision, term, condition, covenant, or warranty contained in this Agreement, the Declaration, or any other document referred to herein. C. If the Grant Recipient fails to complete the Project, or cause the Project to be completed, by the Completion Date. Section 2.06 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the State Entity,the State Entity or the Commissioner of Management and Budget may enforce any or all of the following remedies. A. The State Entity may refrain from disbursing the Grant; provided, however, the State Entity may make Advances after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder. B. The Commissioner of Management and Budget, as a third party beneficiary of this Agreement, may demand that the portion of the Grant already disbursed to the Grant Recipient be returned to it, and upon such demand the Grant Recipient shall return such portion to the Commissioner of Management and Budget. Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 C. Either the State Entity or the Commissioner of Management and Budget, as a third party beneficiary of this Agreement, may enforce any additional remedies they may have in law or equity. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the State Entity or the Commissioner of Management and Budget would otherwise possess. If the Grant Recipient does not repay any portion of the amount specified in Section 2.06.B within 30 days of demand by either the State Entity or the Commissioner of Management and Budget,then such amount may,unless precluded by law,be taken from or off-set against any aids or other monies that the Grant Recipient is entitled to receive from the State of Minnesota. Section 2.07 Notification of Event of Default. The Grant Recipient shall furnish to both the State Entity and the Commissioner of Management and Budget, as soon as possible and in any event within 7 calendar days after it has obtained knowledge of the occurrence of each Event of Default or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default and the action which the Grant Recipient proposes to take with respect thereto. Section 2.08 Term of Grant Agreement. This Agreement shall, unless earlier terminated in accordance with any of the provisions contained herein, remain in full force and effect for the time period starting on the effective date hereof and ending on the date that corresponds to the date established by adding a time period equal to 125% of Useful Life of the Real Property and, if applicable,Facility to the date on which the Real Property and, if applicable, Facility is first used for the purpose set forth in Section 2.03 after such effective date. If there are no uncured Events of Default as of such date this Agreement shall terminate and no longer be of any force or effect, and the State Entity shall execute whatever documents are needed to release the Real Property and,if applicable,Facility from the effect of this Agreement and the Declaration. Section 2.09 Modification and/or Early Termination of Grant. If the Project is not started on or before September 30, 2020,_or such later date to which the Grant Recipient and the State Entity may agree in writing, then, the State Entity's obligation to fund the Grant shall terminate, and, in such event, (i) if none of the Grant has been disbursed by such date then the State Entity's obligation to fund any portion of the Grant shall terminate and this Agreement shall also terminate and no longer be of any force or effect, and (ii) if some but not all of the Grant has been disbursed by such date then the State shall have no further obligation to provide any additional funding for the Grant and this Agreement shall remain in full force and effect but shall be modified and amended to reflect the amount of the Grant that was actually disbursed as of such date. In addition, if all of the Grant has not been disbursed on or before the date that is 5 years from the effective date of this Agreement, then the State Entity's obligation to continue to fund the Grant shall terminate, and, in such event, (y) if none of the Grant has been disbursed by such date then the State Entity's obligation to fund any portion of the Grant shall terminate and this Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 Agreement shall also terminate and no longer be of any force or effect, and(z) if some but not all of the Grant has been disbursed by such date then the State Entity shall have no further obligation to provide any additional funding under the Grant and this Agreement shall remain if full force and effect but shall be modified and amended to reflect the amount of the Grant that was actually disbursed as of such date. This Agreement shall also terminate and no longer be of any force or effect upon (a) the termination of the Grant Recipient's leasehold or easement interest in the Real Property in accordance with the terms of such lease or easement, or (b) the sale of the Grant Recipient's interest in the Real Property and, if applicable, the Facility in accordance with the provisions contained in Section 3.02 and transmittal of all or a portion of the proceeds of such sale to the Commissioner of Management and Budget in compliance with the provisions contained in Section 3.03. Upon such termination the State Entity shall execute and deliver to the Grant Recipient such documents as are required to release the Real Property and, if applicable, the Facility, from the effect of the Declaration. In the event that the legislation that authorized the Grant is amended to increase or reduce the amount of the Grant or in any other way, then this Agreement shall be deemed to have been automatically modified in accordance with such amendment and the amount of the Grant shall also be automatically modified in accordance with such amendment. Section 2.10 Effect of Event of Default. If an Event of Default occurs and the Grant Recipient is required to and does return the amount specified in Section 2.06.B to the Commissioner of Management and Budget, then the following shall occur. A. This Agreement shall survive and remain in full force and effect. B. The amount returned by the Grant Recipient shall be credited against any amount that shall be due to the Commissioner of Management and Budget under Section 3.03 and against any amount that becomes due and payable because of any other Event of Default. Section 2.11 Excess Funds. If the full amount of the Grant and any matching funds referred to in Section 6.23 are not needed to complete the Project, then, unless language in the legislation that authorized the Grant indicates otherwise,the Grant shall be reduced by the amount not needed. Article III USE AND SALE Section 3.01 Use Contracts. Each and every Use Contract that the Grant Recipient enters into must comply with the following requirements: A. The purpose for which the Use Contract was entered into must be a governmental purpose. Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 B. It must contain a provision setting forth the statutory authority under which the Grant Recipient is entering into the Use Contract, and must comply with the substantive and procedural provisions of such statute. C. It must contain a provision stating that the Use Contract is being entered into in order to carry out the purpose for which the Grant was allocated, and must recite the purpose. D. It must be for a term, including any renewals that are solely at the option of the Usee, that is, if applicable, substantially less than the useful life of the structures and improvements that make up the Facility,but may allow for renewals beyond the original term upon a determination by the Grant Recipient that the use continues to carry out the specific purpose for which the Grant was allocated. A term that is equal to or shorter than 50% of the useful life of the structures and improvements that make up the Facility will meet the requirement that it be for a time period that is substantially shorter than the useful life of such structures and improvements. E. It must allow for termination by the Grant Recipient in the event of a default thereunder by the Usee, or in the event that the specific purpose for which the Grant was allocated is terminated or changed. F. It must require the Usee to pay all costs of operation and maintenance of the Real Property and, if applicable, the Facility, unless the Grant Recipient is authorized by law to pay such costs and agrees to pay such costs. G. If the Grant Recipient pays monies to a Usee under a Use Contract, such Use Contract must meet the requirements of Rev. Proc. 97-13, 1997-1 CB 632, so that such Use Contract does not result in"private business use"under Section 141(b) of the Code. H. It must be approved, in writing, by the Commissioner of Management and Budget, and any Use Contract that is not approved, in writing, by the Commissioner of Management and Budget shall be null and void and of no force or effect. I. It must contain a provision requiring that each and every party thereto shall,upon direction by the Commissioner of Management and Budget, take such actions and furnish such documents to the Commissioner of Management and Budget as the Commissioner of Management and Budget determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal income taxation. J. It must contain a provision that prohibits the Usee from creating or allowing any lien or encumbrance that is prior and superior to the Declaration to be created on or imposed upon the Real Property or, if applicable, Facility, whether such lien or encumbrance is voluntary or involuntary and including but not limited to a mechanic's lien or a mortgage lien, without the prior written consent of the State Entity and the Commissioner of Management and Budget. Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 K. If the amount of the Grant exceeds $200,000.00, then it must contain a provision requiring the Usee to list any vacant or new positions it may have with state workforce centers as required by Minn. Stat. § 116L.66, Subd. 1, as it may be amended, modified or replaced from time to time, for the term of the Use Contract. Section 3.02 Sale. The Grant Recipient shall not sell any part of its ownership interest in the Real Property or, if applicable, the Facility unless all of the following provisions have been complied with fully. A. The Grant Recipient determines, by official action, that such ownership interest is no longer usable or needed as highway-rail grade crossing warning devices and associated safety improvements B. The sale is made as authorized by law. C. The sale is for Fair Market Value. D. Written notice of such proposed sale has been supplied to both the State Entity and the Commissioner of Management and Budget at least 30 days prior thereto. The acquisition of the Grant Recipient's interest in the Real Property and, if applicable, the Facility at a foreclosure sale, by acceptance of a deed-in-lieu of foreclosure, or enforcement of a security interest in personal property used in the operation of thereof, by a lender that has provided monies for the acquisition of the Grant Recipient's interest in or betterment of the Real Property and, if applicable, the Facility shall not be considered a sale for the purposes of this Agreement if after such acquisition the lender operates such portion of the Real Property and,if applicable,the Facility in a manner which is not inconsistent with the program specified in Section 2.03 and the lender uses its best efforts to sell such acquired interest to a third party for Fair Market Value. The lender's ultimate sale or disposition of the acquired interest in the Real Property and, if applicable, the Facility shall be deemed to be a sale for the purposes of this Agreement, and the proceeds thereof shall be disbursed in accordance with the provisions contained in Section 3.03. Section 3.03 Proceeds of a Sale. Upon the sale of the Grant Recipient's interest in the Real Property and, if applicable, the Facility the net proceeds thereof shall be disbursed in the following manner and order. A. The first distribution shall be to the Commissioner of Management and Budget in an amount equal to the Outstanding Balance of the Grant, and if the amount of such net proceeds shall be less than the amount of the Outstanding Balance of the Grant then all of such net proceeds shall be distributed to the Commissioner of Management and Budget. B. The remaining portion, after the distribution specified in Section 3.03.A, shall be distributed to pay in full any outstanding public or private debt incurred to acquire the Grant Recipient's interest in or for the betterment of the Real Property and, if applicable, the Facility in the order of priority of such debt. Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 C. Any remaining portion, after the distributions specified in Sections 3.03.A and B, shall be divided and distributed in proportion to the shares contributed to the acquisition of the Grant Recipient's interest in or for the betterment of the Real Property and, if applicable, the Facilities by public and private entities, including the State Entity but not including any private entity that has been paid in full,that supplied funds in either real monies or like-kind contributions for such acquisition and betterment, and the State Entity's distribution shall be made to the Commissioner of Management and Budget. Such public and private entities may agree amongst themselves as to any redistribution of such distributed funds. The Grant Recipient shall not be required to pay or reimburse the State Entity or the Commissioner of Management and Budget for any funds above and beyond the full net proceeds of such sale, even if such net proceeds are less than the amount of the Outstanding Balance of the Grant. Article IV COMPLIANCE WITH THE CODE Section 4.01 Preservation of Tax-Exempt Status. In order to preserve the tax-exempt status of the G.O. Bonds, the Grant Recipient agrees as follows: A. It will not use the Real Property or, if applicable, Facility, or use or invest the Grant or any other sums treated as"bond proceeds"under Section 148 of the Code including "investment proceeds," "invested sinking funds," and "replacement proceeds," in such a manner as to cause the G.O. Bonds to be classified as "arbitrage bonds"under Section 148 of the Code. B. It will deposit into and hold all of the Grant that it receives under this Agreement in a segregated non-interest bearing account until such funds are used for payments for the Project in accordance with the provisions contained herein. C. It will, upon written request, provide the Commissioner of Management and Budget all information required to satisfy the informational requirements set forth in the Code including, but not limited to, Section 103 and 148 thereof, with respect to the G.O. Bonds. D. It will,upon the occurrence of any act or omission by the Grant Recipient or any Usee that could cause the interest on the G.O. Bonds to no longer be tax-exempt and upon direction from the Commissioner of Management and Budget, take such actions and furnish such documents as the Commissioner of Management and Budget determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal taxation, which such action may include either: (i) compliance with proceedings intended to classify the G.O. Bonds as a"qualified bond"within the meaning of Section 141(e) of the Code, (ii) changing the nature or terms of the Use Contract so that it complies with Revenue Procedure 97-13, 1997-1 CB 632, or (iii) changing the nature of the use of the Real Property or, if Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 applicable, Facility so that none of the net proceeds of the G.O. Bonds will be used, directly or indirectly, in an"unrelated trade or business"or for any"private business use"(within the meaning of Sections 141(b) and 145(a) of the Code, or (iv) compliance with other Code provisions, regulations, or revenue procedures which amend or supersede the foregoing. E. It will not otherwise use any of the Grant, including earnings thereon, if any, or take or permit to or cause to be taken any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds, nor omit to take any action necessary to maintain such tax-exempt status, and if it should take, permit, omit to take, or cause to be taken, as appropriate, any such action, it shall take all lawful actions necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof. Article V DISBURSEMENT OF GRANT PROCEEDS Section 5.01 The Advances. The State Entity agrees, on the terms and subject to the conditions set forth herein, to make Advances from the Grant to the Grant Recipient from time to time in an aggregate total amount equal to the amount of the Grant. If the amount of Grant that the State Entity cumulatively disburses hereunder to the Grant Recipient is less than the amount of the Grant delineated in Section 1.01, then the State Entity and the Grant Recipient shall enter into and execute whatever documents the State Entity may request in order to amend or modify this Agreement to reduce the amount of the Grant to the amount actually disbursed. Provided, however,in accordance with the provisions contained in Section 2.08,the State Entity's obligation to make Advances shall terminate as of the date which occurs 5 years from the effective date of this Agreement even if all of the Grant has not been disbursed by such date. It is the intent of the parties hereto that the rate of disbursement of the Advances shall not exceed the rate of completion of the Project or the rate of disbursement of the matching funds required, if any,under Section 6.23. Therefore, the cumulative amount of all Advances disbursed by the State Entity at any point in time shall not exceed the portion of the Project that has been completed and the percentage of the matching funds required, if any,under Section 6.23 that have been disbursed as of such point in time. This requirement is expressed by way of the following two formulas: Formula#1 Cumulative Advances < (Grant) x (percentage of matching funds, if any, required under Section 6.23 that have been disbursed) Formula#2 Cumulative Advances < (Grant) x (percentage of Project completed) Section 5.02 Draw Requisitions. Whenever the Grant Recipient desires a disbursement of a portion of the Grant, which shall be no more often than once each calendar month, the Grant Recipient shall submit to the State Entity a Draw Requisition duly executed on behalf of the Grant Recipient or its designee. Each Draw Requisition shall be submitted on or between the 1st day Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 and the 15th day of the month in which an Advance is requested, and shall be submitted at least 7 calendar days before the date the Advance is desired. Each Draw Requisition with respect to construction items shall be limited to amounts equal to: (i)the total value of the classes of the work by percentage of completion as approved by the Grant Recipient and the State Entity,plus (ii)the value of materials and equipment not incorporated in the Project but delivered and suitably stored on or off the Real Property in a manner acceptable to the State Entity, less (iii) any applicable retainage, and less (iv) all prior Advances. Notwithstanding anything herein to the contrary, no Advances for materials stored on or off the Real Property will be made by the State Entity unless the Grant Recipient shall advise the State Entity, in writing, of its intention to so store materials prior to their delivery and the State Entity has not objected thereto. At the time of submission of each Draw Requisition, other than the final Draw Requisition, the Grant Recipient shall submit to the State Entity such supporting evidence as may be requested by the State Entity to substantiate all payments which are to be made out of the relevant Draw Requisition or to substantiate all payments then made with respect to the Project. At the time of submission of the final Draw Requisition which shall not be submitted before substantial completion of the Project, including all landscape requirements and off-site utilities and streets needed for access to the Project and correction of material defects in workmanship or materials (other than the completion of punch list items) as provided in the Construction Contract Documents, the Grant Recipient shall submit to the State Entity: (i) such supporting evidence as may be requested by the State Entity to substantiate all payments which are to be made out of the final Draw Requisition or to substantiate all payments then made with respect to the Project, and (ii) satisfactory evidence that all work requiring inspection by municipal or other governmental authorities having jurisdiction has been duly inspected and approved by such authorities, and that all requisite certificates of occupancy and other approvals have been issued. If on the date an Advance is desired the Grant Recipient has complied with all requirements of this Agreement and the State Entity approves the relevant Draw Requisition and receives a current construction report from the Inspecting Engineer recommending payment, then the State Entity shall disburse the amount of the requested Advance to the Grant Recipient. Section 5.03 Additional Funds from Borrower. If the State Entity shall at any time in good faith determine that the sum of the undisbursed amount of the Grant plus the amount of all other funds committed to the completion of the Project is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the completion of the Project, then the State Entity may send written notice thereof to the Grant Recipient specifying the amount which must be supplied in order to provide sufficient funds to complete the Project. The Grant Recipient agrees that it will, within 10 calendar days of receipt of any such notice, supply or have some other entity supply the amount of funds specified in the State Entity's notice. Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 Section 5.04 Conditions Precedent to Any Advance. The obligation of the State Entity to make any Advance hereunder (including the initial Advance) shall be subject to the following conditions precedent: A. The State Entity shall have received a Draw Requisition for such Advance specifying the amount of funds being requested, which such amount when added to all prior requests for an Advance shall not exceed the maximum amount of the Grant set forth in Section 1.01. B. The State Entity shall have either received a duly executed Declaration that has been duly recorded in the appropriate governmental office, with all of the recording information displayed thereon, or evidence that such Declaration will promptly be recorded and delivered to the State Entity. C. The State Entity shall have received evidence, in form and substance acceptable to the State Entity,that(i)the Grant Recipient has legal authority to and has taken all actions necessary to enter into this Agreement and the Declaration, and (ii) this Agreement and the Declaration are binding on and enforceable against the Grant Recipient. D. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Grant Recipient has sufficient funds to fully and completely pay for the entire Project and all other expenses that may occur in conjunction therewith. E. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Grant Recipient is in compliance with the matching funds requirements, if any, contained in Section 6.23. F. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, showing that the Grant Recipient currently possesses or will use the Grant to acquire the ownership interest delineated in Section 2.04.N. G. The State Entity shall have received evidence, in form and substance acceptable to the State Entity,that the Real Property and,if applicable,the Facility and the contemplated use thereof are permitted by and will comply with all applicable use or other restrictions and requirements imposed by applicable zoning ordinances or regulations, and, if required by law, have been duly approved by the applicable municipal or governmental authorities having jurisdiction thereover. H. The State Entity shall have received evidence, in form and substance acceptable to the State Entity,that that all applicable and required building permits,other permits,bonds and licenses necessary for the completion of the Project have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 I. The State Entity shall have received evidence, in form and substance acceptable to the State Entity,that that all applicable and required permits,bonds and licenses necessary for the operation of the Real Property and, if applicable,the Facility in the manner specified in Section 2.03 have been paid for,issued, and obtained, other than those permits,bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. J. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Project will be completed in a manner that will allow the Real Property and, if applicable, the Facility to be operated in the manner specified in Section 2.03. K. The State Entity shall have received evidence, in form and substance acceptable to the State Entity,that that the Grant Recipient has the ability and a plan to fund the program which will be operated on the Real Property and, if applicable, in the Facility. L. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Construction Contract Documents are in place and are fully and completely enforceable. M. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Contractor will complete the Construction Items substantially in conformance with the Construction Contract Documents and pay all amounts lawfully owing to all laborers and materialmen who worked on the Construction Items or supplied materials therefor, other than amounts being contested in good faith. Such evidence may be in the form of payment and performance bonds in amounts equal to or greater than the amount of the fixed price or guaranteed maximum price contained in the Construction Contract Documents which name the State Entity and the Grant Recipient dual obligees thereunder, or such other evidence as may be acceptable to the Grant Recipient and the State Entity. N. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that the policies of insurance required under Section 6.01 are in full force and effect. O. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, of compliance with the provisions and requirements specified in Section 6.10 and all additional applicable provisions and requirements contained in Minn. Stat. § 16B.335 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Such evidence shall include, but not be limited to, evidence that: (i) the predesign package referred to in Section 6.10.B has been reviewed by and received a favorable recommendation from the Commissioner of Administration for the State of Minnesota, (ii) the program plan and cost estimates referred to in Section 6.10.0 have received a recommendation by the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee, and (iii) the Chair and Ranking Minority Member of the Minnesota House of Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 Representatives Capital Investment Committee and the Chair and Ranking Minority Member of the Minnesota Senate Capital Investment Committee have been notified pursuant to Section 6.10.G. P. No determination shall have been made by the State Entity that the amount of funds committed to the completion of the Project is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the completion of the Project, or if such a determination has been made and notice thereof sent to the Grant Recipient then the Grant Recipient has supplied or has caused some other entity to supply the necessary funds in accordance with Section 5.03, or to provide evidence acceptable to the State Entity that sufficient funds are available. Q. No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. R. The Grant Recipient has supplied to the State Entity all other items that the State Entity may reasonably require. Section 5.05 Construction Inspections. The Grant Recipient and the Architect, if any, shall be responsible for making their own inspections and observations of the Construction Items, and shall determine to their own satisfaction that the work done or materials supplied by the Contractors to whom payment is to be made out of each Advance has been properly done or supplied in accordance with the Construction Contract Documents. If any work done or materials supplied by a Contractor are not satisfactory to the Grant Recipient and the Architect, if any, or if a Contractor is not in material compliance with the Construction Contract Documents in any respect, then the Grant Recipient shall immediately notify the State Entity, in writing. The State Entity and the Inspecting Engineer may conduct such inspections of the Construction Items as either may deem necessary for the protection of the State Entity's interest, and that any inspections which may be made of the Project by the State Entity or the Inspecting Engineer are made and all certificates issued by the Inspecting Engineer will be issued solely for the benefit and protection of the State Entity, and the Grant Recipient will not rely thereon. Article VI MISCELLANEOUS Section 6.01 Insurance. The Grant Recipient shall maintain or cause to be maintained builders risk insurance and fire and extended coverage insurance on the Facility, if such exists, in an amount equal to the full insurable value thereof, and shall name the State Entity as loss payee thereunder. If damages which are covered by such required insurance occurs to the Facility, if such exists,then the Grant Recipient shall, at its sole option and discretion, either: (i)use or cause the insurance proceeds to be used to fully or partially repair such damage and to provide or cause to be provided whatever additional funds that may be needed to fully or partially repair such damage, or (ii) sell its interest in the Real Property and the damaged Facility, if such exists, in accordance with the provisions contained in Section 3.02. If the Grant Recipient elects to only partially repair such damage, then the portion of the insurance proceeds which are not used for Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 such repair shall be applied in accordance with the provisions contained in Section 3.03 as if the Grant Recipient's interest in the Real Property and Facility, if such exists,had been sold, and such amounts shall be credited against the amounts due and owing under Section 3.03 upon the ultimate sale of the Grant Recipient's interest in the Real Property and Facility, if such exists. If the Grant Recipient elects to sell its interest in the Real Property and the damaged Facility, if such exists, then such sale must occur within a reasonable time period from the date the damage occurred and the cumulative sum of the insurance proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 3.03, with the insurance proceeds being so applied within a reasonable time period from the date they are received by the Grant Recipient. As loss payee under the insurance required herein the State Entity agrees to and will assign or pay over to the Grant Recipient all insurance proceeds it receives so that the Grant Recipient can comply with the requirements that this Section 6.01 imposes upon the Grant Recipient as to the use of such insurance proceeds. If the Grant Recipient elects to maintain general comprehensive liability insurance regarding the Real Property and Facility, if such exists, then the Grant Recipient shall have the State Entity named as an additional named insured therein. The Grant Recipient may require a Usee to provide and maintain any or all of the insurance required under this Section; provided that the Grant Recipient continues to be responsible for the providing of such insurance in the event that the Usee fails to provide or maintain such insurance. At the written request of either the State Entity or the Commissioner of Management and Budget,the Grant Recipient shall promptly furnish thereto all written notices and all paid premium receipts received by the Grant Recipient regarding the required insurance, or certificates of insurance evidencing the existence of such required insurance. Section 6.02 Condemnation. If all or any portion of the Real Property and, if applicable, the Facility is condemned to an extent that the Grant Recipient can no longer comply with the provisions contained in Section 2.03, then the Grant Recipient shall, at its sole option and discretion, either: (i) use or cause the condemnation proceeds to be used to acquire an interest in additional real property needed for the Grant Recipient to continue to comply with the provisions contained in Section 2.03 and, if applicable, to fully or partially restore the Facility and to provide or cause to be provided whatever additional funds that may be needed for such purposes, or (ii) sell the remaining portion of its interest in the Real Property and, if applicable, the Facility in accordance with the provisions contained in Section 3.02. Any condemnation proceeds which are not used to acquire an interest in additional real property or to restore, if applicable, the Facility shall be applied in accordance with the provisions contained in Section 3.03 as if the Grant Recipient's interest in the Real Property and, if applicable, the Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 3.03 upon the ultimate sale of the Grant Recipient's interest in the Real Property and, if applicable, the Facility. If the Grant Recipient elects to sell its interest in the portion of the Real Property and, if applicable, the Facility that remains after the condemnation, then such sale must occur within a reasonable time period from the date the condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds of such sale must be applied in accordance with the provisions Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 contained in Section 3.03, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Grant Recipient. As recipient of any of condemnation awards or proceeds referred to herein, the State Entity agrees to and will disclaim, assign or pay over to the Grant Recipient all of such condemnation awards or proceeds it receives so that the Grant Recipient can comply with the requirements which this Section 6.02 imposes upon the Grant Recipient as to the use of such condemnation awards or proceeds. Section 6.03. Use,Maintenance,Repair and Alterations.The Grant Recipient shall not, without the written consent of the State Entity,permit or suffer the use of any of the Real Property and, if applicable, the Facility, for any purpose other than the use for which the same is intended as of the effective date of this Agreement. In addition, the Grant Recipient: (i) shall keep the Real Property and, if applicable, the Facility, in good condition and repair, subject to reasonable and ordinary wear and tear, (ii) shall not, written consent of the State Entity, remove, demolish or substantially alter(except such alterations as may be required by laws, ordinances or regulations) any of the Facility, if applicable, (iii) shall not do any act or thing which would unduly impair or depreciate the value of the Real Property and, if applicable,the Facility, (iv) shall not abandon the Real Property and, if applicable, the Facility, (v) shall complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Real Property and promptly restore in like manner any portion of the Facility, if applicable,which may be damaged or destroyed thereon and pay when due all claims for labor performed and materials furnished therefor, (vi) shall comply with all laws, ordinances, regulations, requirements, covenants, conditions and restrictions now or hereafter affecting the Real Property and, if applicable, the Facility, or any part thereof, or requiring any alterations or improvements thereto, (vii) shall not commit or permit any waste or deterioration of the Real Property and, if applicable, the Facility, (viii) shall keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair, (ix) shall comply with the provisions of any lease if the Grant Recipient's interest in the Real Property and, if applicable, the Facility, is a leasehold interest, (x)shall comply with the provisions of any condominium documents if the Real Property and, if applicable, the Facility, is part of a condominium regime, (xi) shall not remove any fixtures or personal property from the Real Property and, if applicable, the Facility, that was paid for with the proceeds of the Grant unless the same are immediately replaced with like property of at least equal value and utility, and(xii) shall not commit, suffer or permit any act to be done in or upon the Real Property and, if applicable, the Facility, in violation of any law, ordinance or regulation. Section 6.04 Records Keeping and Reporting. The Grant Recipient shall maintain or cause to be maintained books, records, documents and other evidence pertaining to the costs or expenses associated with the completion of the Project and operation of the Real Property and, if applicable, the Facility, and compliance with the requirements contained in this Agreement and the G.O. Bonding Legislation, and upon request shall allow or cause the entity which is maintaining such items to allow the State Entity, auditors for the State Entity, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, all of its books, records,papers, or other documents relevant to the Grant. The Grant Recipient shall use or cause the entity which is maintaining such books and records to Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 use generally accepted accounting principles in the maintenance of such books and records, and shall retain or cause to be retained all of such books, records, documents and other evidence for a period of 6 years from the date that the Project is fully completed and placed into operation. Section 6.05 Inspection of Facility After Completion. Upon reasonable request by the State Entity the Grant Recipient shall allow, and will require any entity to whom it leases, subleases, or enters into a Use Contract for any portion of the Real Property and, if applicable, the Facility to allow, the State Entity to inspect the Real Property and, if applicable, the Facility. Section 6.06 Data Practices. The Grant Recipient agrees with respect to any data that it possesses regarding the Grant, the Project, or the Real Property and, if applicable, the Facility, to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 6.07 Non-Discrimination. The Grant Recipient agrees to not engage in discriminatory employment practices in the completion of the Project,or operation or management of the Real Property and, if applicable, the Facility, and it shall, with respect to such activities, fully comply with all of the provisions contained in Minn. Stat. Chapters 363A and 181 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 6.08 Worker's Compensation. The Grant Recipient agrees to comply with all of the provisions relating to worker's compensation contained in Minn. Stat. §§ 176.181, Subd. 2 and 176.182 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, with respect to the completion of the Project, and the operation or management of the Real Property and, if applicable, the Facility. Section 6.09 Antitrust Claims. The Grant Recipient hereby assigns to the State Entity and the Commissioner of Management and Budget all claims it may have for over charges as to goods or services provided in its completion of the Project, and operation or management of the Real Property and, if applicable, the Facility that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 6.10 Review of Plans and Cost Estimates. The Grant Recipient agrees to comply with all applicable provisions and requirements contained in Minn. Stat. § 16B.335 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, for the Project, and in accordance therewith the Grant Recipient and the State Entity agree to comply with the following provisions and requirements if such provisions and requirements are applicable. A. The Grant Recipient shall provide all information that the State Entity may request in order for the State Entity to determine that the Project will comply with the provisions and requirements contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced from time to time. Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 B. Prior to its proceeding with design activities for the Project the Grant Recipient shall prepare a predesign package and submit it to the Commissioner of Administration for the State of Minnesota for review and comment. The predesign package must be sufficient to define the purpose, scope, cost, and projected schedule for the Project, and must demonstrate that the Project has been analyzed according to appropriate space and needs standards. Any substantial changes to such predesign package must be submitted to the Commissioner of Administration for the State of Minnesota for review and comment. C. If the Project includes the construction of a new building, substantial addition to an existing building, a substantial change to the interior configuration of an existing building, or the acquisition of an interest in land,then the Grant Recipient shall not prepare final plans and specifications until it has prepared a program plan and cost estimates for all elements necessary to complete the Project and presented them to the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee and the chairs have made their recommendations, and it has notified the Chair and Ranking Minority Member of the Minnesota House of Representatives Capital Investment Committee and the Chair and Ranking Minority Member of the Minnesota State Senate Capital Investment Committee. The program plan and cost estimates must note any significant changes in the work to be performed on the Project, or in its costs, which have arisen since the appropriation from the legislature for the Project was enacted or which differ from any previous predesign submittal. D. The Grant Recipient must notify the Chairs and Ranking Minority Members of the Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota House of Representatives Capital Investment and Ways and Means Committees of any significant changes to the program plan and cost estimates referred to in Section 6.10.C. E. The program plan and cost estimates referred to in Section 6.10.0 must ensure that the Project will comply with all applicable energy conservation standards contained in law, including Minn. Stat. §§ 216C.19 to 216C.20, as they may be amended, modified or replaced from time to time, and all rules adopted thereunder. F. If any of the Grant is to be used for the construction or remodeling of the Facility, then both the predesign package referred to in Section 6.10.B and the program plan and cost estimates referred to in Section 6.10.0 must include provisions for cost-effective information technology investments that will enable the occupant of the Facility to reduce its need for office space,provide more of its services electronically, and decentralize its operations. G. If the Project does not involve the construction of a new building, substantial addition to an existing building, substantial change to the interior configuration of an existing building, or the acquisition of an interest in land,then prior to beginning work on the Project the Grant Recipient shall just notify the Chairs and Ranking Minority Members of the Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota House of Representatives Capital Investment and Ways and Means Committees that the work to be performed is ready to begin. Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 H. The Project must be: (i) completed in accordance with the program plan and cost estimates referred to in Section 6.10.C, (ii) completed in accordance with the time schedule contained in the program plan referred to in Section 6.10.C, and (iii) completed within the budgets contained in the cost estimates referred to in Section 6.10.C. Provided,however,the provisions and requirements contained in this Section 6.10 only apply to public lands or buildings or other public improvements of a capital nature, and shall not apply to the demolition or decommissioning of state assets, hazardous material projects, utility infrastructure projects, environmental testing, parking lots, parking structures, park and ride facilities, bus rapid transit stations, light rail lines, passenger rail projects, exterior lighting, fencing, highway rest areas, truck stations, storage facilities not consisting primarily of offices or heated work areas,roads,bridges,trails,pathways, campgrounds, athletic fields, dams, floodwater retention systems, water access sites, harbors, sewer separation projects, water and wastewater facilities, port development projects for which the Commissioner of Transportation for the State of Minnesota has entered into an assistance agreement under Minn. Stat. § 457A.04, as it may be amended, modified or replaced from time to time, ice centers, local government projects with a construction cost of less than $1,500,000.00, or any other capital project with a construction cost of less than $750,000.00. Section 6.11 Prevailing Wages. The Grant Recipient agrees to comply with all of the applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended,modified or replaced from time to time with respect to the Project and the operation of the Real Property and,if applicable,Facility as intended by the Minnesota Legislature. By agreeing to this provision, the Grant Recipient is not acknowledging or agreeing that the cited provisions apply to the Project or to the operation of the Real Property and, if applicable, Facility. Section 6.12 Liability. The Grant Recipient and the State Entity agree that they will, subject to any indemnifications provided herein, be responsible for their own acts and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the other party and the results thereof. The liability of both the State Entity and the Commissioner of Management and Budget is governed by the provisions contained in Minn. Stat. § 3.736, as it may be amended,modified or replaced from time to time. If the Grant Recipient is a"municipality" as such term is used in Chapter 466 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, then the liability of the Grant Recipient, including but not limited to the indemnification provided under Section 6.13, is governed by the provisions contained in such Chapter 466. Section 6.13 Indemnification by the Grant Recipient. The Grant Recipient shall bear all loss, expense(including attorneys' fees), and damage in connection with the completion of the Project or operation of the Real Property and, if applicable, the Facility, and agrees to indemnify and hold harmless the State Entity, the Commissioner of Management and Budget, and the State of Minnesota,their agents, servants and employees from all claims, demands and judgments made or recovered against the State Entity,the Commissioner of Management and Budget, and the State of Minnesota, their agents, servants and employees, because of bodily injuries, including death at any time resulting therefrom, or because of damages to property of the State Entity, the State of Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 Minnesota, or others (including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection with the completion of the Project or operation of the Real Property and, if applicable, the Facility, whether or not due to any act of omission or commission, including negligence of the Grant Recipient or any Contractor or his or their employees, servants or agents, and whether or not due to any act of omission or commission(excluding, however, negligence or breach of statutory duty) of the State Entity, the Commissioner of Management and Budget, and the State of Minnesota, their employees, servants or agents. The Grant Recipient further agrees to indemnify, save, and hold the State Entity, the Commissioner of Management and Budget, and the State of Minnesota, their agents and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation by the Grant Recipient, its officers, employees, or agents, or by any Usee, its officers, employees, or agents, of any provision of the Minnesota Government Data Practices Act, including legal fees and disbursements paid or incurred to enforce the provisions contained in Section 6.06. The Grant Recipient's liability hereunder shall not be limited to the extent of insurance carried by or provided by the Grant Recipient, or subject to any exclusions from coverage in any insurance policy. Section 6.14 Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co- partners or a joint venture between the Grant Recipient, the State Entity, or the Commissioner of Management and Budget, nor shall the Grant Recipient be considered or deemed to be an agent, representative, or employee of either the State Entity, the Commissioner of Management and Budget, or the State of Minnesota in the performance of this Agreement, the completion of the Project, or operation of the Real Property and, if applicable, the Facility. The Grant Recipient represents that it has already or will secure or cause to be secured all personnel required for the performance of this Agreement and the completion of the Project and the operation and maintenance of the Real Property and, if applicable, the Facility. All personnel of the Grant Recipient or other persons while engaging in the performance of this Agreement, the completion of the Project,or the operation and maintenance of the Real Property and,if applicable, the Facility shall not have any contractual relationship with either the State Entity, the Commissioner of Management and Budget, or the State of Minnesota and shall not be considered employees of any of such entities. In addition, all claims that may arise on behalf of said personnel or other persons out of employment or alleged employment including, but not limited to, claims under the Workers' Compensation Act of the State of Minnesota, claims of discrimination against the Grant Recipient, its officers, agents, contractors, or employees shall in no way be the responsibility of either the State Entity,the Commissioner of Management and Budget,or the State of Minnesota. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from either the State Entity, the Commissioner of Management and Budget, or the State of Minnesota including, but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 Section 6.15 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing, and shall be sufficient if personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the business address of the party to whom it is directed. Such business address shall be that address specified below or such different address as may hereafter be specified,by either party by written notice to the other: To the Grant Recipient at: Director of Public Works City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Attention: Robert Ellis To the State Entity at: Minnesota Department of Transportation Office of Freight and Commercial Vehicle Operations 395 John Ireland Boulevard, MS 470 St Paul MN 55155 Attention: Jim Weatherhead To the Commissioner of Management and Budget at: Minnesota Department of Management and Budget 400 Centennial Office Bldg. 658 Cedar St. St. Paul, MN 55155 Attention: Commissioner of Management and Budget Section 6.16 Binding Effect and Assignment or Modification. This Agreement and the Declaration shall be binding upon and inure to the benefit of the Grant Recipient and the State Entity, and their respective successors and assigns. Provided, however, that neither the Grant Recipient nor the State Entity may assign any of its rights or obligations under this Agreement or the Declaration without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement or the Declaration shall be binding on either the Grant Recipient or the State Entity unless such change or modification is in writing and signed by an authorized official of the party against which such change or modification is to be imposed. Section 6.17 Waiver. Neither the failure by the Grant Recipient, the State Entity, or the Commissioner of Management and Budget, as a third party beneficiary of this Agreement, in any one or more instances, to insist upon the complete and total observance or performance of any term or provision hereof, nor the failure of the Grant Recipient, the State Entity, or the Commissioner of Management and Budget, as a third party beneficiary of this Agreement, to exercise any right,privilege, or remedy conferred hereunder or afforded by law shall be construed Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 as waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition,no delay on the part of either the Grant Recipient,the State Entity, or the Commissioner of Management and Budget, as a third party beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as a waiver thereof,nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Section 6.18 Entire Agreement. This Agreement,the Declaration, and the documents, if any, referred to and incorporated herein by reference embody the entire agreement between the Grant Recipient and the State Entity, and there are no other agreements, either oral or written, between the Grant Recipient and the State Entity on the subject matter hereof. Section 6.19 Choice of Law and Venue. All matters relating to the validity,construction, performance, or enforcement of this Agreement or the Declaration shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of Minnesota. Section 6.20 Severability. If any provision of this Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. Section 6.21 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 6.22 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. Section 6.23 Matching Funds. The Grant Recipient must obtain and supply the following matching funds, if any, for the completion of the Project: Any matching funds which are intended to meet the above requirements must either be in the form of (i) cash monies, (ii) legally binding commitments for money, or (iii) equivalent funds or contributions,including equity,which have been or will be used to complete or pay for the Project. The Grant Recipient shall supply to the Commissioner of Management and Budget whatever documentation the Commissioner of Management and Budget may request to substantiate the availability and source of any matching funds, and the source and terms relating to all matching funds must be consented to, in writing, by the Commissioner of Management and Budget. Section 6.24 Source and Use of Funds. The Grant Recipient represents to the State Entity and the Commissioner of Management and Budget that Attachment III is intended to be and is a source and use of funds statement showing the total cost of the Project and all of the funds that are available for the completion of the Project, and that the information contained in such Attachment III correctly and accurately delineates the following information. Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 A. The total cost of the Project detailing all of the major elements that make up such total cost and how much of such total cost is attributed to each such major element. B. The source of all funds needed to complete the Project broken down among the following categories: (i) State funds including the Grant, identifying the source and amount of such funds. (ii) Matching funds, identifying the source and amount of such funds. (iii) Other funds supplied by the Grant Recipient, identifying the source and amount of such funds. (iv) Loans, identifying each such loan,the entity providing the loan,the amount of each such loan, the terms and conditions of each such loan, and all collateral pledged for repayment of each such loan. (v) Other funds, identifying the source and amount of such funds. C. Such other financial information that is needed to correctly reflect the total funds available for the completion of the Project, the source of such funds and the expected use of such funds. Previously paid project expenses that are to be reimbursed and paid from proceeds of the Grant may only be included as a source of funds and included in Attachment III if such items have been approved, in writing, by the Commissioner of Management and Budget. If any of the funds included under the source of funds have conditions precedent to the release of such funds, then the Grant Recipient must provide to the State Entity and the Commissioner of Management and Budget a detailed description of such conditions and what is being done to satisfy such conditions. The Grant Recipient shall also supply whatever other information and documentation that the State Entity or the Commissioner of Management and Budget may request to support or explain any of the information contained in Attachment III. The value of the Grant Recipient's ownership interest in the Real Property and, if applicable, Facility should only be shown in Attachment III if such ownership interest is being acquired and paid for with funds shown in such Attachment III, and for all other circumstances such value should be shown in the definition for Ownership Value in Section 1.01 and not included in such Attachment III. The funds shown in Attachment III and to be supplied for the Project may, subject to any limitations contained in the legislation that authorized the Grant, be provided by either the Grant Recipient or a Usee under a Use Contract. Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 Section 6.25 Project Completion Schedule. The Grant Recipient represents to the State Entity and the Commissioner of Management and Budget that Attachment IV correctly and accurately delineates the projected schedule for the completion of the Project. Section 6.26 Third-Party Beneficiary. The public program to be operated in conjunction with the Real Property and, if applicable, the Facility will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the State Entity and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of Management and Budget, is and shall be a third-party beneficiary of this Agreement. Section 6.27 Applicability to Real Property and Facility. This Agreement applies to the Grant Recipient's interest in the Real Property and if a Facility exists to the Facility. The term "if applicable" appearing before the term "Facility" is meant to indicate that this Agreement will apply to a Facility if one exists, and if no Facility exists then this Agreement will only apply to the Grant Recipient's interest in the Real Property. Section 6.28 E-Verification. The Grant Recipient agrees and acknowledges that it is aware of Minn. Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will,if and when applicable,fully comply with such statute and impose a similar requirement in any Use Contract to which it is a party. Section 6.29 Jobs Reporting Requirements. Pursuant to Minn. Stat. § 16A.633, Subd. 4, the Grant Recipient shall collect, maintain and, upon completion of the Project, provide the information indicated in Attachment V of this Agreement, to the Commissioner of Management and Budget. The information must include, but is not limited to, the following: the number and types of jobs created by the Project, whether the jobs are new or retained, where the jobs are located and the pay ranges of the jobs. Section 6.30 Additional Requirements. The Grant Recipient and the State Entity agree to comply with the following additional requirements. In the event of any conflict or inconsistency between the following additional requirements and any other provisions or requirement contained in this Agreement, the following additional requirements contained in this Section shall control. The project will include four new railroad signals with gates at the following crossings: 1. Valley View Road(DOT# 393279U, RR MP 437.52) 2. Eden Prairie Public Pathway(DOT# 972695V, RR MP 437.2) 3. Birch Island Road(DOT# 393276Y, RR MP 435.90) 4. West 62nd Street (DOT# 393274K, RR MP 435.21 ) The real property is owned by the Twin Cities & Western Railroad Company. The highway-rail grade crossing signal devices provided for in this agreement shall be owned by the City of Eden Prairie and will be maintained and operated by the Twin Cities & Western Railroad Company upon completion of its installation. Since the grant is not financing real property under Article X1, Section 5(a) of the Minnesota Constitution, the Declaration, Attachment I to the Grant Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 Agreement, does not apply to this agreement. In lieu of the Declaration, a Certification which will be completed by Recipient and returned to the State Entity is included as Attachment VI. This agreement is funded in part by federal funds. The Grant Recipient will comply with all applicable federal laws and regulations including but not limited to those outlined in Electronic Code of Federal Regulations, Title 2, Appendix II to Part 200—Contract Provisions for Non- Federal Entity Contracts Under Federal Awards. "Exhibit A" contains these provisions, which is attached and incorporated into this agreement. Nondiscrimination. If the Grant Recipient enters into a contract with a contractor, to perform all or any portion of the Grant Recipient's work set forth in this Agreement, the Grant Recipient for itself, its assigns and successors in interest, agrees that it will not discriminate in its choice of contractors and will include all of the nondiscrimination provisions in this agreement and as set forth in"Exhibit B" attached hereto and made a part hereof. Buy America. The requirements of the "Buy America"provisions in 23 U.S.C. 313 and 23 CFR 635.410 are applicable to this Agreement. If the Grant Recipient uses steel or iron as part of its work, and the cost of that steel or iron is more than 0.1 percent of the total project cost or $2,500 (whichever is greater),Grant Recipient must use steel or iron melted or manufactured in the United States. Materials that have been removed from the United States for any process (e.g., change of chemical content, shape, size, or finish) are not considered domestic materials. The Buy America Memorandum which lists Grant Recipient requirements, "Exhibit Cl", is attached and incorporated into this Agreement. Disadvantaged Business Enterprise. The disadvantaged business enterprise requirements of 49 CFR 26, apply to this Agreement. The Grant Recipient will insure that disadvantaged business enterprises as defined in 49 CFR 26, have the maximum opportunity to participate in the performance of contracts, financed in whole or in part with federal funds. In this regard,the Grant Recipient will take all necessary and reasonable steps in accordance with 49 CFR 26,to insure that disadvantaged business enterprises have the maximum opportunity to compete for and perform any contracts awarded under this Agreement. The Grant Recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of contracts under this Agreement. Failure to carry out the above requirements constitutes breach of this Agreement, and may result in termination of the Agreement by the State, and possible debarment from performing other contractual services with the Federal Department of Transportation. Worker's Compensation. The Grant Recipient certifies that it is in compliance with workers' compensation insurance coverage required by Minnesota Law. The Grant Recipient will require its contractors to present proof of coverage under the Minnesota Workers Compensation Act or federal law if subject to federal law which preempts Minnesota law. The Grant Recipient's employees and agents will not be considered State employees. Any claims arising under workers compensation laws and any claims made by a third party as a consequence of the acts or omissions of the Grant Recipient, its agents, employees or contractors are in no way the responsibility of the State. Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 IN TESTIMONY HEREOF, the Grant Recipient and the State Entity have executed this General Obligation Bond Proceeds Grant Agreement—Construction Grant to(1)design,construct, and equip new passive and active rail grade crossing safety devices, including associated road and pathway improvements, at existing and proposed highway-rail grade crossings, and pathway-rail grade crossings; or (2) replace existing highway-rail grade crossings. Upon request by the city of Eden Prairie, the commissioner of transportation must provide reasonable technical assistance regarding highway-rail grade crossing project development and the establishment of rail quiet zones.; and Project on the day and date indicated immediately below their respective signatures. GRANT RECIPIENT: City of Eden Prairie a statutory City By: Ronald A Case Its: Mayor And: Rick Getschow Its: City Manager Dated: , 2018 STATE ENTITY: Minnesota Department of Transportation, By: Its: Dated: , 2018 STATE ENTITY: STATE ENCUMBRANCE VERIFICATION MnDOT Contract Management(as to form and Individual certifies that funds have been encumbered as execution): required by Minnesota Statutes§16A.15 and§16C.05. Signed: By: Date: Its: SWIFT Contract(SC) ID No. Dated: , 2015 Purchase Order(PO) ID No. Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 Attachment I to Grant Agreement DECLARATION The undersigned has the following interest in the real property legally described in Exhibit A attached hereto and all facilities situated thereon(the "Restricted Property"): (Check the appropriate box.) ❑ a fee simple title, ❑ a lease, or ❑ an easement, and as owner of such fee title, lease or easement, does hereby declare that such interest in the Restricted Property is subject to those provisions, requirements, restrictions, and encumbrances contained in the "General Obligation Bond Proceeds Grant Agreement Construction Grant for the Project" dated , , between and . The Restricted Property shall remain subject to such provisions, requirements, restrictions, and encumbrances until it is released therefrom by a written release in recordable form signed by both the Commissioner of and the Commissioner of Minnesota Management and Budget, and such written release is recorded in the real estate records relating to the Restricted Property. (SIGNATURE BLOCK AND ACKNOWLEDGMENT) This Declaration was drafted by: (Name and address of individual who drafted the Declaration.) THIS DECLARATION HAS BEEN LEFT UNSIGNED INTENTIONALLY Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 Exhibit A to Declaration LEGAL DESCRIPTION OF RESTRICTED PROPERTY Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 Attachment II to Grant Agreement LEGAL DESCRIPTION OF REAL PROPERTY The facility consists of highway-rail grade crossing signals with gates and related equipment that will be constructed on property owned by the Twin Cities and Western Railroad Company. The facility will be located at four(4) separate locations in the City of Eden Prairie Minnesota. 1. Valley View Road(DOT# 393279U, RR MP 437.52) on the Twin Cities &Western, Appleton Sub-Division 2. Eden Prairie Public Pathway(DOT # 972695V, RR MP 437.2) on the Twin Cities & Western, Appleton Sub-Division 3. Birch Island Road(DOT# 393276Y, RR MP 435.90) on the Twin Cities &Western, Appleton Sub-Division 4. West 62nd Street(DOT# 393274K, RR MP 435.21 ) on the Twin Cities &Western, Appleton Sub-Division Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 Attachment III to Grant Agreement SOURCE AND USE OF FUNDS FOR THE PROJECT Source of Funds Use of Funds Identify Source of Funds Amount Identify Items Amount State Funds Ownership Acquisition Portion of Grant $732,931.87 and Other Items Paid for (Total Grant 1,400,000.00) with Grant Funds Other State Funds Purchase of Ownership Interest Other Items of a Capital Nature Subtotal Construct Railroad $722,931.87 signals (4 systems) Matching Funds Railroad System Testing $20,000 City Quiet Zone submittal $10,000 paperwork Subtotal Subtotal $752,931.87 Other Public Entity Funds FHWA $20,000.00 Items Paid for with Non-Grant Funds Subtotal $20,000.00 Loans Subtotal Subtotal Other Funds $ Subtotal Prepaid Project Expenses Subtotal TOTAL FUNDS $752,931.87 TOTAL PROJECT COSTS $752,931.87 Attachment IV to Grant Agreement Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 PROJECT COMPLETION SCHEDULE Railroad signal estimates July 2018—September 2018 Railroad Construction September 2018 — September, 2020 Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 Attachment V to Grant Agreement JOBS REPORTING (a) Pursuant to Minn. Stat. Sec. 16A.633, subd. 4, State Entity is required to report the number of jobs created or retained by the Project. To enable State Entity to comply with Minn. Stat. Sec. 16A.633, subd. 4,the Grant Recipient is required to report the number of jobs created or retained by the Project to State Entity as set forth below. (b) The Grant Recipient shall require all of its contractors to report the information below to the Grant Recipient. The Grant Recipient shall then report to State Entity. Information can be recorded by State Entity in an Excel document that can be downloaded into the report by Minnesota Management and Budget. Each report must contain the following: (1) The name of the Project. (2) The State Entity's contract number, if applicable. (3) Reporting period. The appropriate biennium is to be selected. (4) The Agency Number. This will complete the next column with Agency Name. (5) Legal Citation for the Authorization. (6) Department ID responsible for the Project. (7) The Appropriation for the Project. (8) The Appropriation Amount. (9) Project Start Date. (10) Project Completion Date. (11) The County where the Project is located or, if it is located in more than one county, where it is primarily located. (12) Funding Source for Project. The selection will be Trunk Highway Bonds, General Obligation Bonds or General Fund. (13) Job Type. Jobs should be classified as either (i) engineering/professional, (ii) construction, or (iii) other. Manager and supervisor jobs shall be classified as category (i), (ii) or (iii) based on the nature of the work those individuals spent the majority of their time overseeing. (14) Hourly Wages. Jobs should be classified according to the hourly pay ranges below. Overhead or indirect costs or the value of pensions or other benefits should not be included in wages. (i) less than $10.00, (ii) $10.01 to $15.00, (iii) $15.01 to $20.00, (iv) $20.01 to $25.00, (v) $25.01 to $30.00, (vi) $30.01 to $35.00, (vii) $35.01 to $40.00, or (viii) more than$40.00. Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 (15) Jobs. a. Jobs should be classified as either(i)jobs created or(ii)jobs retained; they will not be counted as both. A "job created" is a new position created and filled, or an existing unfilled position that is filled, because of the Project. A "job retained" means a job at a specific wage level that existed prior to beginning the Project that would have been lost but for the Project. Only jobs in Minnesota should be counted. b. Jobs should be expressed in "full-time equivalents" (FTE). In calculating an FTE,the number of hours worked during the Reporting Period should be divided by 2,080 (the number of hours representing a full work schedule in a Reporting Period). Jobs should be reported regardless of when the Project or an individual's employment began or ended. Jobs are to be calculated based on hours worked in the current Reporting Period only, so that reporting is not cumulative. c. Jobs should not be separated into full-time, part-time, temporary, seasonal, etc.Instead,all hours should be totaled and converted into FTEs as indicated above. (c) Each contractor will report its workforce and the workforce of its subcontractors active during the Reporting Period. This includes employees actively engaged in the Project who work on the jobsite, in the Project office, in the home office or telecommute from home or other alternative office location. This includes, but is not limited to, any engineering personnel, inspectors, sampling and testing technicians, and lab technicians performing work directly in support of the Project. This does not include material suppliers such as steel, culverts, guardrail and tool suppliers. Only hours that relate to time spent on the Project should be reported. (d) The Grant Recipient must incorporate these reporting requirements into its contracts with its contractors (in part so that contractors can add the requirements to their contracts with subcontractors and impose deadlines on reporting by subcontractors). (e) To distinguish the jobs reported by contractors that were funded by the Grant,the Grant Recipient must multiply the job numbers reported by each contractor in each category above by the percentage of total Project costs funded by the Grant(e.g., if the Grant was 40%of total Project costs, the Grant Recipient should multiply the jobs numbers given in each category by 40% to arrive at the number of jobs funded by the Grant) and it is those numbers that should be reported to State Entity. Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 Attachment VI to Grant Agreement CERTIFICATION The undersigned has the following interest in the real property located in the County of Hennepin, State of Minnesota that is generally described or illustrated graphically in Exhibit A attached hereto and all facilities situated thereon(the "Restricted Property"): (Check the appropriate box.) X❑ a fee simple title, ❑ a lease, or ❑ an easement, and as owner of such fee title, lease or easement, does hereby declare that such interest in the Restricted Property is subject to those provisions, requirements, restrictions, and encumbrances contained in the "General Obligation Bond Proceeds Grant Agreement Construction Grant for the City of Eden Prairie to"(1)design, construct, and equip new passive and active rail grade crossing safety devices, including associated road and pathway improvements, at existing and proposed highway-rail grade crossings, and pathway-rail grade crossings; or (2) replace existing highway- rail grade crossings." Upon request by the City of Eden Prairie, the Commissioner of Transportation must provide reasonable technical assistance regarding highway-rail grade crossing project development and the establishment of rail quiet zones.;" dated , 2019, between the City of Eden Prairie Minnesota and the Minnesota Department of Transportation. The Restricted Property shall remain subject to such provisions, requirements, restrictions, and encumbrances until it is released therefrom with the written approval of both the Commissioner of the Minnesota Department of Transportation_and the Commissioner of Minnesota Management and Budget. Date: , 2019 City of Eden Prairie, a political subdivision of the State of Minnesota By: Name: Ronald A Case Title: Mayor By: Name: Rick Getschow Title: City Manager Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 Exhibit A to Certification GENERAL DESCRIPTION OF RESTRICTED PROPERTY The facility consists of highway-rail grade crossing signals with gates and related equipment that will be constructed on property owned by the Twin Cities &Western Railroad Company The facility will be located at four (4) separate locations in the City of Eden Prairie Minnesota. The facility includes four new railroad signals with gates and related equipment at the following crossings: • Valley View Road(DOT# 393279U, RR MP 437.52) • Eden Prairie Path Crossing (DOT# 972695V, RR MP 437.2) • Birch Island Road(DOT# 393276Y, RR MP 435.90) • West 62nd Street(DOT # 393274K, RR MP 435.21 ) / '.g ,y BoWder peek Park y Fairwood La o /7` CUI.V 44 En \� S �t O William La a Barnnuton CI :'� '6%, i Vrcror La/ �� - ar 4 Town I 393274K- -TOW711ne Rtl�� 4� -�_j-- • - m-'+�..1 Log U SP _ A a NEtlen Dr = ,Q, i �+ap Cl:rynoss Way -._, 6 a SEden Dr,• ,.4 O` • o` 4"4'La N �'• � f! ,1 e v Each island Park a NMarror Rd N Lund Rd ij Rash'r-SN Park a Burro Is! , f I Manor Rd SLuntl Rd m 1 Y ❑ h45v��a - - Ed Prairieri- m 1J W 66th St m $ 5 49ro4 Rd l' Kurtz Cs 393276Y F a ¢ r y' 'I EF,a Birch Island Rd i m J Foresl riJLs Park 1Eden VaGeY Park - L o7y,S' D L eY1E Qe � o t r U g m 94Ywaod La 1 '9.4 4 Holly Rd ' 3 + a on ad d' it ornY EJe> � o ri c§ P4 mm a Crown Dr 4 resa a`S� y9 - g Flrricre.t LN t n Springhill Dr w G 1 Keay I 5 Shora La o ping &`s. _ a Hifl¢eci Ct a �- 2' Forest HI Rd U n Aadelka Dr P. svae Cl b m H�alra Lai Crete O , . 393279U 972695V S Hillorest C1 f m' GG O o Edervara Park J g� r„., r Qb % y.,A ` o s m ,lygV �' �, 9 Franklin OW ( -shiftfr3 S fm i� ' 3 a Eden,.v'"��H rR Ant E Willey Virw Rd 3 § . Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 Valley View Road (DOT # 393279U, RR MP 437.52) A}:�� ',! its: iae 1' �' ' i� �1 T +� !lily � _ 1 4 .r h .0..- v� w �\ aB ,�% r�ray !A 4 f x it a1 .e4o' y 170 y3. 1 50. 1 4 1 _ C � � Ce �) 4 ___ .,;„.,, .. �71 „ ..,„...,...ir i • 1 y- p c � i e}r{"0 b •�+s cr. 'lam ,,,,,iii IF �s ., t 1 LE FEET 1 ' L Nhs Eden Prairie Path Crossing (DOT # 972695V, RR MP 437.2) S�- I l L i ..f .�.1 " r' wN ,L r. $� s ,kr + , K �yyb a ys nr .+ y! - �- M- �.4 Sit'L,F a'� ✓ `4 + 'pi,', Lay -A # 4, - \ 4 i'/4 ate '?J+, - III �. 74. �y Fp , ,, . ..,_ _ , ,. ,!>-' 6 y Ir_ Yew ....„,..,,.._ _,,,,,,,,.. .. ---; ' f ,,,i —i —.I.. 1 q''' I 4,0 , .-. ..:-.1:17 4-, .- f'~ ".' CAI} I `r 1 I mot I 1 4 0.1/ ; ,f _ ,�. 1 L 1- II t ,4,» kk A- r Q►is .rir - afar, + um. ► IIIM e l� im - Ilr- Eden Prairie GO Bond Proceeds Grant Agreement Ver-3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 Birch Island Road (DOT # 393276Y, RR MP 435.90) 1 :y• . ` JAIt r ` / 'fit. ' i Is '' k te t. . 1.,...•,..-.. ••••,,,-,..... .s.-)-;,-.7.:-.:;,,rw., ,.:,:••::::-.•-•g4, '. _•„:„Iv • • ••., ',•' I ti '� y„i'-6i9 J1 fYrsr' * •• p. _1L fli- West 62nd Street (DOT # 393274K, RR MP 435.21) r �r w -• - r if I _ `-. ,, • --• --.,,,,4 ' rIht4'' •� 4 - +r •• �' -� }T�:+jam _ .411111 }'<k 411 g '• .,.'. . :T... 274 i _ ift-N": .• . I / 4,1'.% ‘... ! .r .+, Eden Prairie GO Bond Proceeds Grant Agreement Ver-3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 Exhibit Al to Grant Agreement Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 4/2802015 eC FR—Code of Federal Regulations ELECTRONIC CODE OIL FEDERAL REGULATIONS e-CFR data is current as of April 24,2015 Title 2--Subtitle A .Chapter II—Part 200—r Subpart F—,Appendix Title 2:Grants and AgreemenIt PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS,COST PRINCIPLES,AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS Subpart F—Audit Requirements Annusce II no PART 200—CONTRACT PROVISIONS roe Hoe-Fr DnRAL ErrnTY Co itRACTS UNDER FEDERAL AWARDS In addition to other provisions required by the Federal agency or non-Federal entity,all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following,as applicable. (A)Contracts for more than the simplified acquisition threshold currently set at$150,000,which is the inflation adiusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council(Councils)as authorized by 41 U.S.C.1908,must address administrative,contractual,or legal remedies in instances where contractors violate or breach contract terms,and provide for such sanctions and penalties as appropriate, (S)All contracts In excess of$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. (C)Equal Employment Opportunity.Except as otherwise provided under 41 CFR Part 60,all contracts that meet the definition of'federally assisted construction contract"in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60.1.4(b),in accordance with Executive Order 11246,'Equal Employment Opportunity"(30 FR 12319,12935,3 CFR Pal,1964.1965Comp.,p.339),as amended by Executive Order 11375,"Amending Executive Order 11246 Relating to Equal Employment Opportunity,"and implementing regulations at 41 CFR part 80,'Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor," (0)Davis-Bacon Act,as amended(40 U.S.C.3141-3148).When required by Federal program legislation,all prime construction contracts in excess of$2,000 awarded by non-Federal enlilies must include a provision for compliance with the Davis-Bacon AG(40 U.S.C.3141-3144,and 3146-3148)as supplemented by Department of Labor regulations(29 CFR Part 5,'Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").In accordance with the statute,contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.In addition,contractors must be required to pay wages not less than once a week.The non-Federal entity must place a copy of she current prevailing wage determination issued by the Department of Labor in each solicitation,The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.The contracts must also include a provision for compliance with the Copeland"Anti-Kickback`Act(40 U.S.C.3145),as supplemented by Department of Labor regulations(29 CFR Part 3,'Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Parl by Loans or Grants from the United States"),The Act provides that each contractor or subrecipient must be prohibited from Inducing,by any means,any person employed in the construction,completion,or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E)Contract Work Hours and Safety Standards Act(40 U.S.C.3701-3708).Where applicable,all contracts awarded by The non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5).Under 40 U.S.C.3702 of the Act,each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the standard work week Is permissible provided that the worker is compensated al a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of 40 U.S.C.3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary,hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence. (F)Rights to Inventions Made Under a Contract or Agreement.If the Federal award meets the definition of'funding agreement'under 37 CFR §401.2(a)and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental,developmental,or research work under that`funding agreement;the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,'Rights to Inventions Made by Nonprofit Organizalions and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements;and any implementing regulations issued by the awarding agency. (G)Clean Air Acl(42 U.S.C.7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C.1251-1387),as amended—Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401.7671q)and the Federal Water Pollution Control Act as amended(33 U.S.C,1251-1387).Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). (H)Debarment and Suspension(Executive Orders 12549 and 12689)—A contract award(see 2 CFR 180.220)must not be made to parties listed on the governmentwlde exclusions in the System for Award Management(SAM),in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549(3 CFR part 1986 Comp.,p.189)and 12689(3 CFR part 1989 Comp.,p.235),"Debarment and Suspension.' SAM Exclusions contains the names of parties debarred,suspended,or otherwise exctuded by agencies,as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I)Byrd Anti-Lobbying Amendment(31 U.S.C,1352)—Contractors that apply or bid for an award exceeding$100,000 must file the required certification.Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization far influencing or attempting to influence an officer or employee of any agency.a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C,1352.Each hltp IAwww.ecfr.govlcgi-hi rytex t-ldx7SI D=ef37dea9454 T 7f48c 0af7 t9d79df a3e5Bm c=lr uc8node=ap2.1.200 1521.ii 8rgrr=d-iv9 1/2 Eden Prairie GO Bond Proceeds Grant Agreement Ver-3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 4r26r2n15 eGFR—.Code of Federal fr.equiaticns ller must&so disclose any lobbying with non-Federal funds that takes place in connecilolr with oblaleIng any Federal award.Such diactosures we forwarded from tier to tier tip to the rion-Federal award. (J)See§2110.322 Procurement of recovered materials. In FR.78608,oec.20,2013.as amended al 78 FR 75888,Oec.1g,20141 Need asetstanc87 Ml,p/Avw%v.ech,gavlcgl-Wrrtext-ida751Dsef37d8a9d54171BBc0xR19d79Jfa3853mcRVueSoode-ap2,1.200_1521.118rgnsdiv9 2i2 Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 Exhibit B1 to Grant Agreement Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 Exhibit B1 Non-Discrimination Provisions of Title VI of the Civil Rights Act of 1964 During the performance of this contract,the contractor,for itself, its assignees and successors in interest(hereinafter referred to as the"contractor"),agrees as follows: (1) Compliance with Regulations: The Contractor will comply with Regulations of the Department of Transportation relative to nondiscrimination in federally-assisted programs of the Federal Highway Administration(Title 49, Code of Federal Regulation, Part 21, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it after award and prior to completion of the contract work,will not discriminate on the ground of race,color,or national origin in the selection and retention of subcontractors,including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix "A",`B"and"C". (3) Solicitations for Subcontracts,Including Procurements of Materials and Equipment:In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract,including procurements of materials or equipment,each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligation under this contract and the Regulations relative to discrimination on the ground of race,color or national origin. (4) Information and Reports: The contractor will provide all information and reports required by the Regulations,or orders and instructions issued pursuant thereto, and will permit access to its books,records, accounts, other sources of information, and its facilities as may be determined by the Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify the Department of Transportation,or the Federal Highway Administration as appropriate,and shall set forth what efforts it has made to obtain the information. (5) Sanctions for noncompliance: In the event of contractor's noncompliance with the nondiscrimination provisions of this contract,the Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,including but not limited to, (a) withholding of payments to the contractor under the contract until the contractor complies,and/or (b) cancellation,termination or suspension of the contract,in whole or in part. (6) Incorporation of Provisions: The contractor will include the provisions of paragraph(1)through(6)in every subcontract,including procurements of materials and leases of equipment,unless exempt by the Regulations,order,or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided,however,that,in the event a contractor becomes involved in,or is threatened with,litigation with a subcontractor or supplier as a result of such direction,the contractor may request the State to enter into such litigation to protect the interests of the State,and in addition,the contractor may request the United States to enter into such litigation to protect the interests of the United States. Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 Exhibit Cl to Grant Agreement Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants MnDOT Agreement 1020321 Memorandum US[]pparlmeM of ironTxxlal c, Federal Highway AdrnlrrIslralion Subject; ACTION: Clarification of Date: DEC 2 1 2012 Manufactured Products under Buy America From: Mr.John R. Baxtc (. / In Reply Refer To: Associate Adminis r• tar for IIIPA-30 Infrastructure To: Division Administrators Directors of Field Services This memo clarifies the Federal Highway Administration's(Fl-IWA)position regarding application of Buy America requirements to manufactured products. Our current Buy America policy is based upon the statutory provisions in the Surface Transportation Assistance Act of 1982,as implemented with a November 25, 1983, final rule. In the preamble to the 1983 final rule(48 FR 53099),after soliciting and considering public comments,the FI-IWA found that it was in the public interest to waive application of Buy America to manufactured products other Hum steel and iron manufactured products. As the Federal-aid Highway Program evolved and technology improved,the FHWA clarified the applicability of the standing waiver for manufactured products in a Decertlber l2, 1997.memo. In this 1997 memo,the FIIWA clarified that,while Buy America does not apply to manufactured products,Buy America does apply to components of"predominately steel products." With enactment of the American Recovery and Reinvestment Act(ARRA),the FHWA fanned National Review Teams(NRT)(now known as Project Management Improvement 'teams) to conduct reviews and make recommendations on how to improve the delivery of ARRA funded projects. One NRT review recommended that a State's Buy America certification be clarified to ensure that all covered steel and iron meets FHWA Buy America requirements. In working to address this finding,questions have arisen regarding the scope of the application of the 1983 public interest waiver for manufactured products. For example,it has been suggested that nuts,bolts,washers,and other miscellaneous steel or iron parts used in common off-the-shelf products such as toilets and the filaments in light bulbs must he Buy America compliant. Given these questions,the Fl-IWA is concerned that such a reading of Buy America is inconsistent with the previous 1983 waiver decision and is not cost-effective to administer. Accordingly,it has become necessary to clarify the applicability of the waiver for manufactured products. EXHIBIT Cl Eden Prairie GO Bond Proceeds Grant Agreement Ver—3/1/19 for MnDOT Railroad Crossing Safety Improvement Grants CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 19, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Bill Olmschenk, Accept proposals and award the contract for VIII.E. Parks Construction Supervisor, Sterling Field Hard Court Rehabilitation Project to Parks and Recreation Plehal Blacktopping LLC. Motion Move to: Accept bids and award the contract for the Sterling Field Hard Court Rehabilitation Project at Sterling Field Park at 17800 Sterling Terrace to Plehal Blacktopping LLC. in the amount of$22,520.00. Synopsis Sterling Field Park Hard Courts were constructed in 1990. The courts have numerous structural cracking and surface flaking. They are becoming un-level and potentially unsafe. The cracks are too large to fill and recoat. Best option is to tear out existing bituminous, regrade, compact, and repave. Background The scope of this project is to tear out existing, bituminous, regrade, compact, and repave. The courts will be lined for 1 USTA doubles tennis court and 1 basketball standard at a later date. The staff estimate and budget on this project was $28,000. The funding for this rehabilitation project comes from the Capital Improvement Program, Capital Maintenance and Reinvestment funding under the Parks and Recreation Department. Bid Summary and Recommendation The summary of the bids submitted is as follows: Plehal Blacktopping LLC. $22,520.00 DMJ Asphalt, Inc. $24,008.40 Bituminous Roadways $25,260.00 MN Roadways. $27,150.00 Attachment Standard Agreement for Contract Services 2017 06 01 Agreement for Contract Services This Agreement ("Agreement") is made on the 19th day of March, 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Plehal Blacktopping LLC, a Minnesota business (hereinafter "Contractor")whose business address is 13060 Dem Con Dr. Shakopee, MN 55379. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for 2019 Sterling Field Hard Court Rehabilitation Project hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of March 19, 2019. The Agreement shall continue for one (1) year thereafter. The project completion must be completed by October 1, 2019 ready for owner inspection. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Removal and Disposal of Fencing and Posts c. Final Restoration of turf 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of$22,520.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 10 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 10 1 insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. 1. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten(10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 10 evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e.,the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 10 1 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 10 shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and Standard Agreement for Contract Services 2017 06 01.01 Page7of10 regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all Standard Agreement for Contract Services 2017 06 01.01 Page 8of10 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. Ececuted as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR By: Its: { { } Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 10 subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 10 ExhibitA _ a 7 { { I PROPOSAL FORM 2019 Sterling Field Hard Court Rehabilitation Project Mayor and City Council C/o Bill Olmschenk,Park Construction Supervisor Eden Prairie City Center 8080 Mitchell Road Eden Prairie,MN 55344 Mayor and Council Members: The undersigned declares that he has fully examined the Plans, Specifications and all other Contract Documents as prepared by the Parks, Recreation and Natural Resources Department under 2019 Sterling Field Hard Court Rehabilitation Project in the office of the Park Construction Supervisor, all of which are fully understood and hereby agreed to. The undersigned has inspected in detail the site of the proposed work,the contract and the detailed requirements of construction,testing and completion. The undersigned waives all rights to plead misunderstanding of any item in relation to: 2019 Sterling Field Hard Court Rehabilitation Project • The undersigned agrees that if this Proposal is accepted, he is to furnish and provide all necessary labor, materials, machinery,tools, apparatus and all other means of construction to perform the work. All work must be complete in strict accordance with the above mentioned Plans, Specifications and Contract Documents. Use proposed bid sheet on the back side. { 2019 Sterling Field Hard Court Rehabilitation Project PROPOSED BID ITEM EST. OUANTITY/UNIT PRICE 13ID AMOUNT 1. Remove and Dispose:Bituminous Paving 460 SY $ 5.00 /SY $ 2,300.00 2. Remove and Dispose existing soils: 44 CY $ 45.00 /CY $ 1,980.00 new paved area 14ft x 115 ft 4. Add 2 inches of Compacted Class V to 100 Tons $ 24.00 /Ton $ 2,400.00 Existing Aggregate base and 8 inches to new Paved area Compact/Grade approx. 100 ton. 6. Furnish and install 2"of compacted 640 SY $ 12.00 /SY $ 7,680.00 Bituminous Non-Wear Course: Mn/DOT 2360 SPNWB 230 B oil recycle 7. Furnish and install Tack Coat 640 SY $ 0.25 /SY $ 160.00 MnDOT 2357 Bituminous Tack Coat 8. Furnish and install 2"of compacted 640 SY $ 12.50 /SY $ 8,000.00 Bituminous Wear Course: Mn/DOT 2360 Virgin Type SPWEA 240 B T tal $ 22,520.00 City Representative authorizing acceptance uthorized Signature of bid and commencement of construction • according to specifications Erik Anderson Printed Name President Title Plehal Blacktopping LLC Firm/Company 13060 Dem Con Dr. Shakopee,MN Address 952-445-7676 3/8/19 Telephone Number Date CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 19, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Administration Police Remodel VIII.F. Paul Sticha,Facilities Requested Action Move to: Award the contract for the remodeling the office areas of Investigations, Records and Patrol in the Police Department to Diversified Construction and accept Alternate 1 only. Synopsis Diversified Construction $130,390.00 Gardner Builders $144,687.00 Integrity Remodeling $162,087.65 Background This project is in the 2019-2028 City Capital Improvement Plan. Plans and Specifications were developed by Colliers Architecture. Several walk-throughs were scheduled with General Contractors and sub-contractors in order for the contractors to prepare their proposals. Attachments Construction Contract with Diversified Construction Plans and Specifications developed by Colliers Architecture (Exhibit A) Responsible Contractor Verification 2018 08 01 Construction Contract This Contract ("Contract") is made on the 19th day of March, 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Diversified Construction, a Minnesota Corporation (hereinafter "Contractor") whose business address is 4931 West 35th Street, St. Louis Park, MN 55416. 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 Demolition and Construction in the Police Department, 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 Plans and Specifications developed by Colliers Architecture dated January 16, 2019 in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by June 28, 2019. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of$130,390.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. Final Payment. Contractor's request for final payment shall be accompanied by Contractor's affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably Standard Construction Contract 2018 08 01 Page 2 of 13 foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Project Manager and Staffing. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. 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. Standard Construction Contract 2018 08 01 Page 3 of 13 The Contractor shall post bonds to secure the warranties. 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery,plants, lawns, fences, culverts,bridges,pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor's equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 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; Standard Construction Contract 2018 08 01 Page 4 of 13 d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten(10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance,the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor's Right to Terminate Contract. The Contractor may terminate this Contract upon ten(10)days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. N/A Standard Construction Contract 2018 08 01 Page 5 of 13 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a "responsible contractor" as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor's and motor carrier's compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Insurance. Standard Construction Contract 2018 08 01 Page 6 of 13 a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $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. Standard Construction Contract 2018 08 01 Page 7 of 13 f. All policies, except Worker's Compensation Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverage's required herein. 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. Standard Construction Contract 2018 08 01 Page 8 of 13 o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence) and regardless of the extent to which the underlying occurrence (i.e.,the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen(15) days of receiving notice from the City. 21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. Standard Construction Contract 2018 08 01 Page 9 of 13 23. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 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 Standard Construction Contract 2018 08 01 Page 10 of 13 with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Entire Contract, Construction,Application and Interpretation. This Contract is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties,unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for 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. Standard Construction Contract 2018 08 01 Page 11 of 13 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 37. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 38. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 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 Ronald A. 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I> N yJOrrnm N2n 0I> Z p � Z Cl Cl Cl Z (l N rrr0 0 ' 3 03 Cl f4 -4 -4 nu c) 7r � -4Z � NCI () Cl Ors mZnZN bn m � 0 /1) O 3 r3 �. m ( -4 -4ON �+ � � 3 � � � � 3 � Ora0 �, z b - � Oz � z � i Z � Z � = u' � pi T0rafl Ezrl 0 (0 A0mA) m • m Or70 -( 70 m � mom 7( = -4 -4p - ZA) N O -4 -4NCI z -4nA 1--- m o z -0p m _, rI - m _ O C1N m -O rn m O - -O - z D O b D m in D � N b b )� m ZI- - bO 0 rn N -CoT � in O m = w bb. 0 b 070 !(1N4. Cl1b WZb b b -0 mQ in b 70p E m0p � p CIQOr r � { b z Ob r--F cl AQ -4 r cl rn 0 m r- 770 n 70 X O r- b Z Cl Z N 0 N TI E z Til Cl -"» - z m ClCl � DCI mm -4 rn UT „ 70 r X - � _ -OG\ 000 3mb. -4 r -4O Oz0r- -4 Nz �' b < b zZA � °' -4 bb zbm razz { D rN Clb D Ci � m OT -(� E@ n � Or z0 - z -0 � �n -0 � b z r ZZ -rz m - N N (1 r �( r b3 � rr riii CD O m - z0 - „ -i ,. r, N -O b0 „ O 000 N �10 N � u, � _ � lb � � „ N b b { -O „ < E � � p0 m -0 �* � Cl= O DDm � zr � b � z0 rrrr Z N Or mU' = br b - 3r �_n Nr � m � 03 • z00i0 � r �1 � zp � N � � NO NO zm0 Zz � � � nz ZCl - QUO Dzpxl rnZ Cl � mrI70 Nam Glu, mN � 3 b � br mm0 � � � �) z 6 ;) ; p0 :n- «. zzpr ' DmOma!--F = � 0X X „ bra. 1Z0ND. b. 73 ., br b• -Ob•-OG� cz - -40I> -Om �) m � CI � N „ - E o7Q -4 u, z -4 -O (� r u, z07 3 O � O m � Eb � 7llrlmX OAAi O m N 0 -O 07 _ - Db r Om rn (n z = a. (-1 - Cl -4o = rZ 0 = - O = clp = �( -0 = -( b -( � WI U'' ' m3D -ON nm - � 3 CIZ � rn = mAb � 7t1 � b E , Om brn - rn -IA ,� fu' 0 r Zrn O 01, m � N r N N - N 70 - N 1 70 -0 � �. b - ClN m { b r 0 m OI p rn0 - 0 • N m70 m r - - 0 O m N - ram 3 n0 7(I3z b 7tJ r Gib - -. `G b - � Z p 7(1Zm �r Db zmb � zD � D mZ = b3 -0Z _4 -4 o b mE cl b. D Op (0p Orm b rn z u, - rn - b �J z .» m -O 0 m O m Cl Cl 1b Z A 71Zr X � _( �I r N - m - mXOCI 11111 Om � r Fa z 1- zr rrb � E3@ 0r -. mrn z a. 300 3r mNr -0br on �r E z mD - O b rG� EZr 0 Z ON = pr ti, x Gym n r B r- O r � 7tir N Nm � �I �1m p � m -p r m � m � „ �r 7t1 -0 N N b o � (P N r r Z O 3 u, 70 Z O �► O 3 b r m r m Cl �r { z r r r 0 0 Z 3 r b r 3 0 z _ r O _ � Nm p b O cn r � G� mOp z o u, Z0 bN 7tJ m O O N - 7C (� CI) 0 p -Q Zcnc � rn� � z m0 b 70 mr( 7tJ OO � � zu� �, r O � rn � � m � O { � �IN mz Orn ON D b Oz N �J - 1> 0 D - E D D r- o - N70 m - � 00 0 ro � Zmfi b m = o O ra -4 nu O - z Ei3 � m zE -O = GIb 700 b r � bOz nz07t1 b0 m � bra 0l pA -0 Nu, onzn l� (J7 r+ 3zN b mar �1 �`rbN � E prn coNam U, m �, prn rn , m ' z = 0OP Omm � DTr rn � mN { � G� bE Ozm >< A- -7 -4 -7 bzNO � G � N Clu, 0 - z z7tir 6` b „ p — � -4 EZr b3 3 co3 • n3 603 co 3cl - 9 m 9Nm �1 (bl - � - z 3m � O _4N 0, 70 = Cl c, 70 b rl Clz 0 z 0 v*m mb0N — (J 7 z 1 D m Cl O z = O m Cl �1 z b� „ �7 r-h O () -( On NEE � Zin0 0 GAO 3mO � p 07i10 mb Ob mz � (A - z so, ^ m b � nu nu -�( zN a. m� � z � � m m � -O � m 70 � 0 m 3 O 01 @ � 3 z �I W (� — = = 0 N � � b0 Omb � nO -< r- O10m ram � nr rn � � CI D r nu rEr b -0 -4z „ „ c= ,, 7) -4r0 Oz O = rn mbb � Om N < = rn o r rr o m A WI co 3 m N b Cl Cl z b Zr- rn n -r Cl /Z1 0 - ' N -0a' m rn N n n -4or r rn0 _ E 0` b b E � -4 XrIZCI 3z z0 _i E 70 3 0 -4 � N -4 Z m O r- n D Cl = 70 = r ® ADu, Cl 0 = rr O m b � - m0 U, z z O O () 0 mz z � � � nu - 0 30 bmz C' mmazz � E � ra0 _4 I" 70 OD O m Op { � Oz bCl3 � Q � � pr � -O � �' pm � zrnrn { u' mmmEbO b - co G� � � z 7tI � Cl z3� �� •� � m � n_ rm70 O Cl 3 -0 � a. b N rrr rm O - -4 OCl CO (1 Zm „ nQlm 0 m 3t - E - _0 - 3 mG� 3 = Z Zz �r -( 70 m O 3 N ma rut 070E A � mom ' mrlrn70la rm -1mN -( N b. mm Z } mb N -OO /� m -( 70 mcco70 � ma Z1- m m 70z 3zCC) 0zb• yEGI z � � mmz70 (� r -( � 1r n, z7) E 071 ZN 0Zm m � 'r ob ram () b -, A1> r m m N7[J 07II 71) N -4 (P u, -495 1r0 0 0 zNm c m pNNQm mzrnr- -- 01414 Irnm mb OA) Clin Lm Ob m �, � - m Cl OZClO 3 � b rrmnX m Om J c � � - A - A -4 r � r7 -4maz r_ r Cl = � m n 0r- C10 450 -( - Xl E � n � � Oz barn 1> 0 3 • -( b A -N ram ZNrn m c0It -( z@ mrn m 0 nZ Oz 0 Cl -I - b gym - Om . Dim X r- m 7(lm � rm � b3z x C10 b 7i1 � Op � � D Cl br 3 N 0 = O N rn • X = 2N 0 .a 0, X33 ... 3X T1 '.. X � -i -( -1 Or -( 7l1 Z r emu, 7Cu, E �OT bmz � = O _ O Oz � b � O b0 Clc_ CI0 z70 m N 3 zm +» z Cl O SOD a'' b - � - Oz � D OrT 9s A � rJ Clb O < Z O � m FaA O � - N nu N z O m • NJ Ab cn 000 � z0 0 77= r � � m � (lmX � m � oG� mG� � C,� ° Z C10 � brnrn bib pm ND czj, mX -( O - bmpzz m0 � m �13b u' � � � � m � m N �1 NO � 0 din � N � � m T 0 -1 ram rn _4cl b ^ m nz = -4 - Z 3 z -4 E mZz bClrn z -O � Nn ror '3b � m - 71E' rIn Gym Ob Xm_ b bmilrn m30 rb emu' Z O „ D baN m Cl - fi�li m - r 3 N QO c0 = - br � - rn {b. Ail � mm O 0 � � NON ° -30 N � _ � G� b � � rn = Cl = 7tImE nil, ' rJb� O z � � Clcbj, pu' m Nr � -O zz u0, cl -0 < m (0 --_( 00O � NCI „ Czl _4(p0 _fill � � r.- � � z• � Oa. � z � G� p �O �p �J �, 3 Cl � Omrn � m -O b - u' E -O r i �I z _ - z 0 -O A -IN { o ram ., m m r N . � z �r -Om . �J70 07tJ m b Q � m � OZb m r z � r m - � mCl rO NmA 7KN c -0 � Cl - cl �1 b. r 0 N � -Opr No Zo -K - X by _0 mN NAO EA3zA O 71G G� Or -1 z rn � � � m3 0 � 3bzN m 0 OE D E z ON X O rn -4 -I -I -OXrn r- A3E r- bMu, m 70 . ,1r rn b - { � m N p m � b (A m3 O arm Nr r m z0 Eb mz Z � m � mZi b t � � 7nC = � � � = 3m (_ N b ,r m bCl ct� � - Orr �_ mrn � bN = 0 ~( 3 3 (l O � p mObz l0 r �rn0m 3 = mb rap = bb 7[J � O � O -( N b � r (t, z - zr = � - m �J 7[J rz r O �_ X 0 z X - � ON � GN -4 Cl U' Q ram Ar- 0 o clp -1 -03 - QC, mrnz it) -0 z0 mr � � p Z b ebb u, = Oz N rzz c � b 3 � � _ - cmi� mml7J G� -Om -O 3 Nbr pp nu X - br0 cl 0 � n = rn mbz Clrr ) mr OGNm EN r _ z -OQG� �m c7J � m b � Om Eu' m � W � � m Ez rnZ � m rb � < ONE bmm �Jrbi �Iz ba. � z Czl � z � � � (� N fir- " 03 b E � m0 00 E r - BEN Clz �' 0 oil Z E Mil 770[� 330IN m2n U' at 4, o _, m0 = Z { -( r7 D � _0 r1rzz - O r r 0 „ (lm CS WI � � 3 m-OmOG� � m mZJ nrn Ai zm 0G brn Cl m -( m mz -( m = NOz -I N m m -< Q N Oz 1- D b (P ' Clm E � z � � mp �I 0 � rm DOS c�t, E m Nm O ra. m �1 u, rn m N N rnb � 0 � cl NmcnOm p73 � nzCl = -4 T. b.Ob0k° m3 rab 0 , A1:0 p 3: 0 0 -4 ON n Nm � rnrmpm 0 � � N � 0 � N m ram Om z z � m A m 0 70 m a. m CI = m 70 Cmi 70 c) 70 O NQI-0OflZbNrN-'O0N -'0< r z OD • rs^ _ � - G� Zr - - \ \ 3 O % rZfrN b 3 - m ram 70 0 O Cl z nu E N Q ^� Z Z Z b 0 b 0 0 E m 3= bNN3 c1'�70 U)11 O b O V' OZm�,�b00z�bEO70E ()m0 �ZA m v 1. . �, TTTT � -TTTT \� �. r1 m01 cor- �1 N OrI 00ra m14 b (0 _0 O -0 ZO 00 Z-0-0m -Um - 707 -170 -100b r� Z II" r ���������� 1 1 �• J m - = z -r 0mb-i b--0 b 7i N-- „bo <_ cn30 t���G_J�����A���D.A ._1 ri. . . _ . . . .1�.A m b z m -. N rn m m 3 b N b O 3 rn 7p[J N 0 m (40 oob C)13b aa< ,_� D��m0 ��Lrnili,,Mal-1 b�u,- a A� �s . . \ ����� \ \_ -0 Z 4- n m L rn w b. 0 . O N m N i �_ - O r c0 r�z mzb zZ0 r0 mpO70m OrZrb-�(czi� mClmITf O ()r m m O N E ocw(' bn c0m Em O_znb-� z r� �- m O (P 11U° Nrn m C06 m m r-( a. b N o 70 m (1 O O �r bb NDO �r,� m p 0 { �, mr G�-r (I�70 Z rn 0@ z -KZ 0 Q-1 -170 bU7 _,3iitz0 0_•»u,m m �_ b �oz b. E ^� m b 3 7C rn N N A ZE 00 70 C170 ('O0A0Z_t- -p brzQ-t 7tZ r N -4 -O 63 = 3 -O rI Clr o b 2b ZO -. 70p 0 �0 O_ ZpOz ZO-4 E�rO b��D Dz\ QOr—U) ( bm30p - pz\ �m30p - pz� O1 m r 0 0 0 3 rr oz m>r c- 1,cn 0OO. O r= -n 0 b b v, I n m rn m r m -0 3 0 m m m m -ill-- 0cn0 0r� z() r� pmzmQ Am�3Z�rmZ 3m Z Z a, Q r z 0 0 -C D Z z < z n r Z Q , Z< z(� r Z _ o` o N _ ? T - < n=t Z r bbAnt-r-nago0D 0 = Z0u (' b c b = z0 Qr -Nb c Om Nb c Cr x 70 = 7/ r ›^= OOz mpp 0,0, (t'm -C�,� -(rOcc z=�= c�i'= clFir � �(ml� � Aim m�� fn Q �r�r_0 � ANpm r�mQ �ru ANpm '° m Nm Ob �� � O�m mN0 70 a,�mn� pQm�n{bOz�� Nc�j, �r �m 0 -*7 (b1b z�E�71 �OZmA nb OZmx �nb Z n Z41, ��N zm nm� Om�O D•-bQIDOm«�_r �-. � m0 m-0 <0v* % -r N Ju 0 m0n v, zr D G� O H r3 z UI = r DccA mG�� mp� �rm0 bA E() mG�� -0- OC4 mG�(4 W < �mOm cAE 3m N 7ilz O. C1N m�rz„ m m�i m N Z v Q c E N u, I 0 pCl3 Cl N rm zZO O b z _O b UJ U] N -( m -C-O QI m r m D 70 Z = 70 c r m z 7i1 z = c m 7Q z = b Z" E �1 r m 70 c C1 z z m G� cry Q m(� z Q G� cry Q p. Q Q G� cn Q -0 Z�b."' =E bm� NNN r _- G� m Z< _ •- cPZb 70�p �cPr �b �Clb�O�' mb �� O b �p3 =QN�1 � N �' (,lmb ‹ zu, �rt9" m -( N N �'9 • 7t1� NON _� O() Om r�mcmj,��Ipz�Q�C1rNb {0 b z m Z O N D.m -t =,D. � ? '0 cn m G� z �cn m G� z mnm pr Nkl _1 00�z0mmnmccno � Q = (PAmQ un, F m� Q =nmi�mQ Cl =nmi�m� O =cz O� 0 z OE OOE-1_, t=l -{= m = m �, m 14 N m ! m . N Nm0 "z m 03 O 0 -t 3�� r zm o �' co .»gym Q 6 m w G) rn C co T b .:, r , , 1 :__,, _1/ 1_____ ,.1- a_ r_ ,,, -4 1 k__ \ 4 \ 4 \ J-� `I LuEs 1 I I I I I I 1 I I - \ . . . . - , . /4firt = firt -I � -1— I —I— r7 / ■_■• ..m.. ■■...• � ..... ...N.. o - - 4 -I-'=' 4 -I- -, I +- 4 _i> ) I ® I � I I I I * I ILUFEI °L �AI 1 1 1 1 1 1 1 1 I I I I p . firt I firt I firt I fi 0 - T7 � — x 10.1 : ,1 IE?U=F1 1 IE?_=EI 1 1 1 I ®L j \J •. . ° a ;I I I I 101 I I I s =EI 1 I nu' ..m.. . .._.. \firt -1- firt -1- firt -1- fib'-I- f7 D nit .irl L' '' ''-bfr• ko P , Pi: 1- 4 -1- 4 -1- 4 -1- 4 -H - kj. P , Inc .. 1— ," 1 \ -.. :- • : - . -: . . . •• ••• • -•. g --- •-. --- . - . 11111110111—E = , = = 1 o nit - - --- -. - - -.- .. -. . -- . :-. - :- - -- ,rvl I' '' ''-Ur,. r, \1 IZTz 1 0 1 -Ifi�s = I CH I III I I I 7Kt � - _I �fi I t 1 rt 1 -1- fi -1 � ❑ � - II \ o. -\)— . N W N Z z \I I I I I I I I I I I I L E? 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A 1 „ „ „ , ,,\,,\,,\,,\„,\,,,, I \ \ 1 1 : , .., 4 1/\r (7 a, o 1- > NI � ma m CTD 7- -I 0 0 c IL) rD - rD (PDom• p n N CCU 0 r- Q"i6 "6 R 2" 2" -5m E 3 9- •• c rD o s 3'-2" 3'-S" 1'-10" D o m -ac � g• o n fD6. � 2 // // m � 0E v, .- CD v \ " Q v /tJ 3 * n fl- o - s73 memo I - c D n m z � � � N �� N 17 cp0p O C O 0 0 3 N — 1111 v o - 7 + rrTl m ® 0 cn b` U' cr �v °' D D -4 Dz - Nla � -4 N la -tN — �. � o flJ rD v r 0 0 m pOrn DXL ®_ b� nrn Nrn zOrrn � z Nm 0 � r- zrnX �7t1Er rnrn � � O Cl ° -0 o no { zbm Dr- OzD b zN Anu rtm cp D (l (l NCACI b E 4 1 c -, N m w ev �_ �_ N ` m rn Cl b �C �m z (l cnfJN DD r zz N z Cl 70 — * a� - cam p - Cblp w � () Cl �( O r br ,raj { tl EE � � rcr-t� m - �J �i 3p � � r m O 5-mo � ° � m � C1 r � b . r N rnrn m Omz �11r' rD o rD z r O O m m N r m Fa U0 3 0 - ° 0 z 1 \ `' ( m n; �• rnz 0 � l-0 Z z X z ° -1 pcp � Op370 fJ �i x OO mN Or (l � p p70z m NE •Nb FT arm z z O � 3 - � - z U7 �Q r � z Z r O m z 7CO N (l Cl O (l _ 0 D _ D D N A mmA r D D A20 z cnL -0r < ' A N o o �' - - - Nrn � � < r r r O = (bj 3 � D rnxi �r cr Cl - D mp b � _� �,� � bLm fir rnO Dz o - = v �� ii ii ii z z Z z m OPC) N nu , m DN z -- nu -4mm NN m � -0 4 1- E � O O to O � rn (l to r m a � o n � 3 1 S 3 b � -0 N O O -Ai O m r ( 0 rvX m 8 0b p � �p 7CO _< m0 mDD 11I 0 0 - - •. _ / / / / D. 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O Hi - - �� ° r r N xi D ° r= r r D m w 70 7U rr- Z 0O -4 -U r m3 r7i1 �( m — A O - II — - II II _ J( �( Co �rzm 1- cp r0 ° - - rn 0 -- O � prn m0 ��J u' E � � m = NN O QQ (7 .< rD - < 6` O. l4 < r 0E rn =r- 1> �» b.p O -OU, = pP 0 0 0 -0 mrnXi u, 0 � A rn „ 4ipX O 0 . 0 .-+ 11 I 11 II/ = b m -QCP 0rnX Z m0 -< rnrn �1mti r- z 0 < -0 NCI70 = mD ° cbp C10N -- 6 � >. 0 7r CrN 7Cr- - z � N3 -, x rnr f,� r mob. zOz Dz � r -i � r � � COr 7(i ^. zr 000 r- zmm � 3 Q a) U U U _ z m m D X N n• m -4 r -- m n ry D -( Z O r- 70 �I u, L 9 ;I ti (n O g 1 �\ m ,` - / �' -0n Nip f,� ? � � � = m � pxi 70 p � �ONmm � N � -�( Dm � (7 (�fl' • ;, II - _ II II �, Z • z -( , p � z � r OmE � (zl b �-0° 3 A. -3p Il0rz � � r� z Grp O (l � (D (D 0, 6` z N 1- (1nN ' ii0 rtr -( (1 ( -0 0 m r r1 3jDp -4U, ° -- O -- Oz fD 75 QO —0 = 11 1 11 11 / = cn Z � mm �7,1m (� cl cl mr rn � p N ° � bOp Nr- ,(°jm m �tt6 'O�z cpmm rt ITT r { r Z rll m p L �( � p (1 N z N (p N N Cl m " ,- m NIz -0 1> r rmZ .ate mXrn D 4J D z (nD � r � z� m �1 m ° �l7 ii < nit 0 r0 bXip Uz Dz cCP pp �F Z _ m z btu, r pm z0 yJ � p D 70 z m iiii ■ b m O0 �pm � m �» p m p �A � z3m N xi b II r 0E0 D 70rn0 D N Dm - - 70 °;) II - ;� 0 � z w Cl � Om � 10 Din r -( �� z DN (1N3D0 z r � 30 ITI Q — O z N zp z r Gl m z = zZ � � O r m Q (D Q II - 1 •• II II i r.p. .» �' 0 � ]> m07 m � C7 m z E 0 � mp3p �, { � • N r.. 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Xii - 1 , r in , \ r / -- l'7-=' L__,N W I -I u) I n 0 .- \ Tz . > (1) CD 4J� T4IIIIII0C i — in �- It L Ar � _ u I ° Iliis Nr M - Lii\irTri m C o r i w o Cco T b RESPONSIBLE CONTRACTOR VERIFICATION I am an owner or officer of tbNEfLstrio) l°0 [name of bidder] ("Bidder"). I hereby verify that Bidder is in compliance with the minimum criteria required of a "responsible contractor" as that term is defined in Minnesota Statutes § 16C .285 , subdivision 3 , and as explained in the attached document entitled "Responsible Contractor Requirement. " I further agree that Bidder has received a signed statement under oath from each subcontractor and motor carrier that Bidder intends to use to perform work on the project verifying that the subcontractor and motor carrier meets the minimum criteria under Mirm. Stat. § 16C .285 , and that Bidder will furnish such statements to the contracting authority upon request. Bidder intends to retain the following first-tier subcontractors and motor carriers for work on this project: Tf IIV C,I.tt-1 D E-MO XiativlE €lk012) o Rot-MO Or* S t,ICT" AekeirEo-1 l"11anACX If Bidder is awarded the contract for the project, I further agree that Bidder will submit the attached document entitled "Additional Subcontractor and Motor Carrier List" as required. flak Signed this day of ff FSfLLZPY , 2011 o b v . ) 11, Ea 0061snwtvnnnl By: BRAN ]M 2 EN1, Cod [printed name] [title] of DIJte12.61;ftto oim STaud l 'agie of bidder] STATE OF MINNESOTA ) ) ss . COUNTY OF I-ktAttef ( Vl ) Signed and sworn to before me on ff / u WJ 7i)t) , 20 l 1 , by KRISTINN Lary Pu ROWLAND • � 4 � Notary Public Minnesota ; My Comm. Expires Notary Public a +� an 3 , 2020 ff, e o) d2 ' ) > .i / 1iVY( 3 > Ih ` > iio , , Si sisI' x' k, MN ' > , /I lb ii Dive i ( i < < Itoi � siruciiunCOI CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 19, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 18823 ITEM NO.: Mary Krause Award Contract for Hennepin Town Road Turn VIII.G. Public Works/Engineering Lane Improvements Project to Valley Paving, Inc. Requested Action Move to: Award contract for the Hennepin Town Road Turn Lane Improvements Project to Valley Paving, Inc. in the amount of$182,412.20. Synopsis Sealed bids were received on Thursday, February 28, 2019 for this project. Eight(8)bids were received and are summarized in the attached Consultant Recommendation Letter and Bid Tabulation Summary. The low bid in the amount of$182,412.20 was submitted by Valley Paving, Inc. and is approximately 12% above the Engineer's Estimate. Our consultant and staff recommend awarding the contract for the project to Valley Paving, Inc. in the amount of $182,412.20. Background Information This project consists of constructing a right turn lane from Hennepin Town Road to Pioneer Trail. The proposed turn lane was identified as a desired improvement as part of the Prairie Bluffs Senior Living project that was approved by the City Council in 2017. The Prairie Bluffs Senior Living project is currently under construction and is anticipated to be completed in late 2019. Financial Implications The project will be funded with Transportation Funds along with $100,000 escrow that was paid to the City by the Developer as required in the Developers Agreement for the Prairie Bluffs Senior Housing project. Attachments Consultant Recommendation Letter Bid Tabulation Summary Contract wsb ,/ March 4, 2019 Honorable Mayor and City Council City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344-4485 Re: Hennepin Town Road Turn Lane and Sidewalk Improvements City Project No.18823 WSB Project No.R-011932-000 Dear Mayor and Council Members: Bids were received for the above-referenced project on Thursday, February 28, 2019, and were opened and read aloud. Eight bids were received. The bids were checked for mathematical accuracy and tabulated. Please find enclosed the bid tabulation indicating Valley Paving, Inc., Shakopee, Minnesota, as the low bidder with a grand total bid amount of$182,412.20. The Engineer's Estimate for the project was $162,640.00. 2 0 We recommend that the City Council consider these bids and award a contract for the grand total bid in the amount of$182,412.20 to Valley Paving, Inc. based on the results of the bids received. If you have any questions, please contact me at Sincerely, N WSB /46114 GL Monica Heil, PE Project Manager z 2 Attachments u; J J > tmw 0 J CO } W I— Q K:\011932-000\Admin\Construction Admin\011932-000 CST LTR RECMMDTN.docx BID TABULATION SUMMARY PROJECT: Hennepin Town Road Turn Lane Improvements OWNER: City of Eden Prairie, MN WSB PROJECT NO.: R-011932-000 BIDS OPENED: Thursday, February 28, 2019, at 10:00 a.m. CST Bid Add. No. 1 Contractor Bond (5%) Rec'd. Grand Total Bid 1 Valley Paving, Inc. X X $182,412.20 2 Pember Companies, Inc. X X $188,514.54 3 Midwest Asphalt Services X X $199,361.25 4 Bituminous Roadways Inc. X X $201,028.32 5 Minger Construction Co., Inc. X X $209,783.97 6 Meyer Contracting Inc. X X $226,368.87 7 Urban Companies X X $254,932.70 8 Northwest Asphalt, Inc. X X $289,940.65 Engineer's Opinion of Probable Cost $162,640.00 I hereby certify that this is a true and correct tabulation of the bids as received on February 28, 2019. 1(4514/1 Cd1/4_1. Monica Heil, PE, Project Manager Denotes corrected figure K:1011932-0001Admin\Construction Adminl 011932-000 CST Bid Tab Summary-03042019 FORM OF CONTRACT THIS AGREEMENT,made and executed this day of 20_,by and between City of Eden Prairie hereinafter referred to as the "CITY", and Valle Pavin Inc. hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. 18823 —Hennepin Town Road Turn Lane Improvements CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. IL CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices,based on estimated required quantities is estimated to be$_182,412.20 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: Valley Paving, Inc. By Title And Title FC-2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 19, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IC 15-5904 ITEM NO.: Carol Lundgren Award Contract to Republic Services for Contract VIII.H. Engineering Services for the 2019 Community Clean Up Day Requested Action Move to: Award Contract to Republic Services for Contract Services with Republic Services for assisting with the Annual Community Clean Up Day at an estimated cost of$36,242.58. Synopsis A request for proposal was sent to three vendors for waste hauler services at the 2019 Community Clean Up Day. Republic Services was the only vendor to submit a proposal. The proposal was for $36,242.58 including a 10% contingency and was consistent with prior years unit pricing. Background Information The City began providing a cleanup in 1995 with a few basic items, such as such as yard waste, construction debris, general household trash and recyclables. In 2002 the cleanup was moved to the Hennepin Technical College as the Allied Waste facility could no longer handle the number of people that came to the event. The change also allowed the City to increase the number and types of materials and now includes bicycle recycling, yard waste, scrap metal, appliances, electronics, tires, fluorescent bulbs,bike recycling, tool recycling and propane tanks. Attendance has increased from approximately 500 households in the 1990's to approximately 1,500 in 2018 for a total cost to the city of$31,038.52. Nominal fees are charged for appliances, electronics and some miscellaneous items such as propane tanks and tires to help cover costs. However, yard waste, furniture, trash, steel and many general trash items can be dropped off at no charge. The costs for the cleanup are paid out of the annual recycling grant that the City receives from Hennepin County. Any amounts above what can be paid from the grant(approximately$20,000) would be paid out of the stormwater utility fund. Attachments Proposal—Republic Services Standard Agreement for Contract Services REQUEST FOR PROPOSAL CITY OF EDEN PRAIRIE Community Clean-up Day Hennepin Technical College 13100 College View Drive I. GENERAL INFORMATION A. OBJECTIVE The purpose of the Request for Proposal(RFP)is to obtain bids for a waste hauler for the City of Eden Prairie's annual Community Clean-up Day. B. ISSUING OFFICE The RFP is issued by the City of Eden Prairie.All correspondence regarding the RFP must be addressed to the designated Contract Administrator. C. CONTRACTADMINISTRATOR All communications concerning the contract should be directed to: Carol Lundgren,Sustainability Specialist City of Eden Prairie Engineering Division 8080 Mitchell Road Eden Prairie,MN 55344 Phone 952-949-8313 Email: clundgren@edenprairie.org D. INCURRING COSTS The City of Eden Prairie is not liable for any cost incurred by the prospective firms prior to the signing of the contract. E. PROPOSALS To be considered,each firm must submit a complete response to this RFP,using the format provided in Section III.The proposal must be signed by an official authorized to bind the submitter to its provisions.The proposal must include a statement as to the period during which the proposal remains valid.This period must be at least sixty(60)days from the due date for this proposal. F. ACCEPTANCE OF THE PROPOSAL CONTENT Failure of the selected consultant to accept these obligations may result in cancellation of the award. G. SELECTION CRITERIA The City will award one contract for the Community Clean-up Day to the responsible bidder submitting the lowest bid on the work. H. PROPOSAL RECEIPT Proposals must arrive at City of Eden Prairie,Engineering Division,8080 Mitchell Road,on or before 10:00 A.M on Friday.March 8.2019.Electronic delivery(email)is preferred. I. RIGHT TO REJECT BIDS The City of Eden Prairie reserves the right to award the total proposal,to reject any and all proposals in whole or in part, and to waive any informality or technical defects,in the City's judgment.In determination of award,the qualification of the proposal submitter,the conformity with the specifications of services to be supplied and delivery terms will be considered. .I. COST LIABILITY The City assumes no responsibility or liability for costs incurred by the firms prior to the signing of this agreement. 1 K. OWNER The City of Eden Prairie is designated as Owner. L. AWARD OF CONTRACT The City of Eden Prairie will award one contract for this entire project to the responsible bidder submitting a bid, meeting all performance and required criteria as set forth in the Request for Proposal and the associated documents, plans and specifications. The attached Eden Prairie"Standard Agreement for Contract Services"will be used for this project and should be considered with the proposal.The City reserves the right to contract only for portions of the proposed scope of work outlined in this Request for Quote. Deletions of specific tasks or sub-tasks will be at the discretion of the City. M. TAXES The contractor shall pay all sales,consumer,use and other taxes required to be paid by him in accordance with the law of the place where the work is to be performed.These costs must be included in the unit prices. N. EVENT INFORMATION Saturday,June 15,2019 Hennepin Technical College 13100 College View Drive Eden Prairie,MN 55347 8:00 a.m.—2:00 p.m. II. SPECIFICATIONS A. Must be available for one pre-planning meeting at Eden Prairie City Center. B. Set-up equipment and staff by 7:45 A.M.the day of event. C. Commit to being on site for the duration of the event. D. Commit to keeping each waste collection area of the event staffed and operational, including 10 general trash vehicle stations, for the duration of the event. (e.g. 10 rear load trucks for General Trash, 3 30-yard dumpsters for Construction and Demolition, 1 front load truck and 2 40-yard dumpsters for Yard Waste, 1 30-yard dumpster for Scrap Metal and 1 8-yard dumpster for cardboard) E. Submit totals for all materials collected no later than 60 days after event. F. The contractor shall assume ownership and responsibility of disposal for all collected materials. G. Labor 1. Basis of Measurement: Lump sum 2. Basis of Payment: Lump sum will be compensated in full for all labor. Include 4 staff members for traffic control, and all staff to operate equipment.Include summary of labor assumptions on the proposal form(i.e.XX employees at$XXX/event). H. Mobilization 1. Basis of Measurement: Lump Sum 2. Basis of Payment: Lump sum will be compensated in full. 3. Mobilization costs include any operational costs outside the items listed on the proposal form (i.e. trucks, fuel, dumpsters,hauling,etc.). 2 I. General Trash 1. Basis of Measurement:By tons. 2. Basis of Payment: According to the unit price and estimated quantity as stated on the bid form. Estimated quantity is an average of the previous 5-year total tonnages. 3. Staging and Staffing: Maintain 10 general trash vehicle stations(e.g. dumpsters or rear load trucks)throughout the event.Include staff to operate equipment and load materials. J. Construction and Demolition Material 1. Basis of Measurement: By tons. 2. Basis of Payment: According to the unit price and estimated quantity as stated on the bid form. Estimated quantity is an average of the previous 5-year total tonnages. 3. Staging and Staffing: Provide dumpsters for construction and demolition materials throughout the event. Provide staff to assist with the loading and staging of the dumpsters. City Staff will mobilize and operate equipment to organize and consolidate materials. K. Yard Waste 1. Basis of Measurement:By tons. 2. Basis of Payment: According to the unit price and estimated quantity as stated on the bid form. Estimated quantity is an average of the previous 5-year total tonnages. 3. Staging and Staffing: Provide dumpsters for yard waste materials throughout the event. Provide staff to stage the dumpsters.City Staff will mobilize and operate equipment to load and consolidate materials. L. Furniture 1. Basis of Measurement:By each. 2. Basis of Payment: According to the unit price and estimated quantity as stated on the bid form. Estimated quantity is an average of the previous 5-year total quantity. 3. Staging and Staffing: Combined with General Trash.No additional staging or staffing. M. Scrap Metal 1. Basis of Measurement: By tons. 2. Basis of Payment: According to the unit price and estimated quantity as stated on the bid form. Estimated quantity is an average of the previous 5-year total tonnages. 3. Staging and Staffing: Provide dumpsters for scrap metal throughout the event. Provide staff to assist with loading and staging of the dumpsters. N. Recycling materials 1. Basis of Measurement: By tons. 2. Basis of Payment: According to the unit price and estimated quantity as stated on the bid form. Estimated quantity is an average of the previous 5-year total tonnages. 3. Staging and Staffing: Provide dumpsters for recycling materials throughout the event. Provide staff to assist with loading and staging of the dumpsters. III. PROPOSAL A. PROPOSAL FORMAT The firm will be responsible for completing and submitting the attached proposal form. B. FEE QUOTATIONS The fee proposal for the project will include all costs associated with the project. Include the name and telephone number of the person(s)in the organization who is authorized to negotiate the proposed contract with the City. If subcontractors are hired,a single firm shall administer the contract. All billings will be routed through this firm. Invoices submitted should have a detailed breakdown of times,personnel,mileage,supplies,etc.chargeable for a specific task. 3 C. PROPOSED MODIFICATIONS TO SCOPE The proposal shall discuss any proposed modifications to the scope outline herein that the Contractor may feel are necessary to complete the project. D. SUBMITTAL REQUIREMENTS Provide electronic copy(PDF)of the proposal for the evaluation process. E. TIME TABLE 1. Proposal submittal deadline:Friday,March 8,2019 on or before 10:00 A.M. 2. Award by the City Council:Tuesday,April 2,2019 IV. TERMS AND CONDITIONS 1. The City reserves the right to contract for only portions of the scope of work outlined in this RFP. Deletion of specifications will be at the discretion of the City. 2. If,for any reason,your firm is not able to execute the Standard Agreement for Contract Services within 14 days of Council Award,the City reserves the right to request proposals from other qualified firms. 3. The City will only pay the Contractor for services based on the not-to-exceed fee quotation approved in the proposal or agreed in negotiation. 4. An official authorized to bind the Contractor to its provisions must sign the proposal in ink. The proposal must include a statement as to the period during which the proposal remains valid. This period must be at least 9 months from the date of proposal. 5. The City shall retain ownership of all maps,reports,data and photographs prepared by the Contractor and/or their sub- consultants under this proposal. The City may reproduce any or all portions of these items at their discretion. 6. The attached Standard Agreement for Contract Services is to be considered a part of the Proposal.A signed copy will be required after City Council Approval. 4 Exhibit A PROPOSAL FORM CITY O F EDEN PRAIRIE Community Clean - up Day Saturday , June 1 6 t h , 2 0 1 8 Hennepin Tech n i c a l College 1 3 1 0 0 College View Drive Item Estimated No. Item Quantity Unit Unit Price Total Price N/A $6,950.00 1 Mobilization(Operational Expenses) 1 Lump Sum 2 General Trash 90 Tons $83.92 $7,552.80 3 Construction Material 25 Tons $58.00 $1,4500.00 4 Yard Waste 25 Tons $47.00 $1,175.00 5 Furniture 400 Each $16.30 $6,520.00 No Charge $0.00 6 Scrap Metal 8 Tons 7 Recycling Materials 1 Tons No Charge $0.00 8 Labor(Include Assumptions Below) 1 Lump Sum $9,300.00 $9,300 Subtotal $32,947.80 10%Contingency $3,294.78 $36,242.58 Grand Total • City Representative authorizing acceptance Contracto uthorized Signature of bid and commencement of construction according to specifications ���jE� 747—t"jrs&---71/ Name(Type or Print) Peca 5#V/6�s Company Name Labor Assumptions: //74(4%G 09e C57 - V/a Title 30 Employees @ $310.00/Event Address 67 . ni/(,� fir 5 7 City / State Zip ,A,/7 Telephone Number Date 2017 06 01 Agreement for Contract Services This Agreement ("Agreement") is made on the day of , 20 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Republic Services, Inc., a Minnesota Corporation (hereinafter "Contractor") whose business address is 9813 Flying Cloud Drive, Eden Prairie, MN 55347. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for the 2019 Eden Prairie Community Clean Up Day hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of March 19, 2019. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor's personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor an estimated sum of $32,947.80 based on unit prices as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 10 put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 10 d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. 1. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 10 of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen(15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 10 Agreement, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 10 proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 10 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties,unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 10 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6)years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 10 Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR By: Its: Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 10 Exhibit A PROPOSAL FORM CITY O F EDEN PRAIRIE Community Clean - up Day Saturday , June 1 6 t h , 2 0 1 8 Hennepin Tech n i c a l College 1 3 1 0 0 College View Drive Item Estimated No. Item Quantity Unit Unit Price Total Price N/A $6,950.00 1 Mobilization(Operational Expenses) 1 Lump Sum 2 General Trash 90 Tons $83.92 $7,552.80 3 Construction Material 25 Tons $58.00 $1,4500.00 4 Yard Waste 25 Tons $47.00 $1,175.00 5 Furniture 400 Each $16.30 $6,520.00 No Charge $0.00 6 Scrap Metal 8 Tons 7 Recycling Materials 1 Tons No Charge $0.00 8 Labor(Include Assumptions Below) 1 Lump Sum $9,300.00 $9,300 Subtotal $32,947.80 10%Contingency $3,294.78 $36,242.58 Grand Total • City Representative authorizing acceptance Contracto uthorized Signature of bid and commencement of construction according to specifications ���jE� 747—t"jrs&---71/ Name(Type or Print) Peca 5#V/6�s Company Name Labor Assumptions: //74(4%G 09e C57 - V/a Title 30 Employees @ $310.00/Event Address 67 . ni/(,� fir 5 7 City / State Zip ,A,/7 Telephone Number Date CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 19, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Mike Schmidt Award Contract for 2019 Mud-Jacking Contract VIILI. Public Works/Street Division to Northstar Mudjacking &More Requested Action Move to: Award the Contract for the 2019 Mudjacking of concrete curb and sidewalk panels to Northstar Mudjacking at the unit prices as indicated in the quote summary for a cost not to exceed $40,000.00. Synopsis Two quotes were received on March 11, 2019 for the 2019 mudjacking of various concrete curb and concrete sidewalk trough out the 2019 overlay and sealcoat project areas. A summary of the quotes are noted below. Contractor: Quoted Price: Northstar Mudjacking $5.50 Ln ft. curb/$36.50 5'x 5' sidewalk panel Metro Concrete Raising $8.25 Ln ft. curb/$65.00 5'x 5' sidewalk panel Background Information Mudjacking aids in the preservation of the curb and sidewalk infrastructure. The low quote for the mudjacking is from Northstar Mudjacking. Staff is requesting approval and award of contract to Northstar Mudjacking for the quoted amount of mudjack per linear feet of concrete curb and gutter and per a 5' x5' concrete sidewalk panel. The budget for the project shall stay under$40,000.00 Attachment Contract 2017 06 01 Construction Contract This Contract ("Contract") is made on the 19th day of March, 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Northstar Mudjacking & More, a Minnesota (hereinafter "Contractor") whose business address is 14109 Burnley Way, Rosemount, MN 55068 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 mudjacking of concrete curb and gutter and concrete sidewalk panels citywide hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/ProposaL The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by Dec 1, 2019. 3. Compensation for Services. City agrees to pay the Contractor a fixed unit price of $5.50 lin foot for curb and gutter and $36.50 per 5' x 5' sidwalk panel not to exceed $40,000.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. Final Payment. Contractor's request for final payment shall be accompanied by Contractor's affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. Standard Construction Contract 2007 06 01 Page 2 of 14 6. Project Manager and Staffing. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor's expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. Standard Construction Contract 2007 06 01 Page 3 of 14 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery,plants, lawns, fences, culverts,bridges,pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor's equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof,by giving ten(10) days'notice to the Contractor in writing. The work shall be resumed by the Contractor within ten(10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City's suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten(10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City's Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City's Right to Terminate Contract and Complete the Work The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; Standard Construction Contract 2007 06 01 Page 4 of 14 f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten(10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor's expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance,the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor's Right to Terminate Contract. The Contractor may terminate this Contract upon ten(10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds Standard Construction Contract 2007 06 01 Page 5 of 14 shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $100,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN $100,000] 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a "responsible contractor" as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor's and motor carrier's compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall Standard Construction Contract 2007 06 01 Page 6 of 14 deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. Standard Construction Contract 2007 06 01 Page 7 of 14 d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured. f. All policies, except Worker's Compensation Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverage's required herein. 1. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-,unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate Standard Construction Contract 2007 06 01 Page 8 of 14 of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence) and regardless of the extent to which the underlying occurrence (i.e.,the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen(15) days of receiving notice from the City. 21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract ("Information") shall become the property of the City, but Contractor may retain copies of such documents as records of the Standard Construction Contract 2007 06 01 Page 9 of 14 services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 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 Standard Construction Contract 2007 06 01 Page 10 of 14 termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Entire Contract, Construction,Application and Interpretation. This Contract is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties,unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for 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. Standard Construction Contract 2007 06 01 Page 11 of 14 35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 37. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 38. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 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. Standard Construction Contract 2007 06 01 Page 12 of 14 CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR By: Its: Standard Construction Contract 2007 06 01 Page 13 of 14 Exhibit A Scope of Work 1. The City shall provide addresses and estimated footage of the concrete curb to be raised 2. The City shall provide addresses and estimated number of sidewaik panels to be raised 3. The City shall be responsible for any saw cutting of curb and gutter. 4. The Contractor shall be responsible for any saw cutting of sidewalk panels that may be needed. 5. The Contractor shall be responsible for acquiring the use of a water meter from the Cities Utility Division for any hydrant use. 6. The Contractor shall be responsible for the cleanup of any excess mudjacking material. 7. The Contractor shall provide traffic control warning devices in accordance with Minnesota Manual on Uniform Traffic Control Devices. 8. Contractor personnel shall wear adequate safety apparel (i.e., safety vests) Standard Construction Contract 2007 06 01 Page 14 of 14 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 19, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. #12-5815 ITEM NO.: Leslie Stovring Approve the Delegation Agreement with the MN VIII.J. Engineering/Water Resources Department of Natural Resources for Aquatic Invasive Species Prevention Requested Action Move to: Approve the Delegation Agreement with the Minnesota Department of Natural Resources for Aquatic Invasive Species Prevention and Inspection of Water-Related Equipment Synopsis Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) has requested that the City of Eden Prairie continue to provide a municipal aquatic invasive species (AIS) inspection program. To aid in this effort, the City intends to hire a contractor to manage the watercraft inspector program for the summer. In order for inspectors to receive training for the program, a Delegation Agreement with the Depat ttuent of Natural Resources (DNR) is required. Background Information On May 1,2012,the City Council established an AIS inspection program in cooperation with the Riley Purgatory Bluff Creek Watershed District (RPBCWD) that targeted Riley, Red Rock and Mitchell Lakes. Staring Lake will be included as water quality and fishery habitat improve. The hope is that implementation of the inspection program will help in slowing or preventing the spread of invasive species such as zebra mussels or starry stonewort.In order for the DNR to provide the training required for AIS detection and prevention, they require that the City sign a Delegation Agreement. The Agreement will be effective through December 31, 2021. Costs will be paid by a combination of funding from the RPBCWD,up to $25,000 per year, and the City's stormwater utility program. The Delegation Agreement includes the following provisions: • The DNR will provide training of individuals or contractors employed by the City. • The DNR will provide training of licensed peace officers to enforce state invasive species law. • The City will ensure there is law enforcement support for the inspectors. • The City will ensure that inspectors have completed the training and certification program. • The City will ensure that inspections are conducted in accordance with current DNR procedures. • The City will support education and outreach programs to help increase public awareness about the risks AIS pose and their ability to contribute to preventing or managing the spread of AIS. • The City and DNR will regularly meet or consult to collaboratively develop the AIS program. Attachment Delegation Agreement mDEPARTMENT OF NATURAL RESOURCES DELEGATION AGREEMENT Aquatic Invasive Species (AIS) Prevention Inspection of Water-related Equipment This agreement is made by and between the Department of Natural Resources (referred to as DNR), an administrative agency of the State of Minnesota and 'the City of Eden Prairie (referred to as Governmental Unit), a local government unit(individually referred to generally as a Party or together as Parties). This agreement is entered into under authority granted to DNR pursuant to Minnesota Statutes section 84D.105. WHEREAS AQUATIC INVASIVE SPECIES (AIS) are nonnative species that cause or may cause economic or environmental harm or harm to human health or threatens or may threaten natural resources or the use of natural resources in the state; WHEREAS DNR has been authorized and charged with responsibility by the state legislature to establish a statewide program to prevent and manage the spread of AIS in coordination with other governmental entities; DNR has in its employ conservation officers trained and authorized to enforce the state invasive species laws; and DNR has developed AIS inspection protocols; WHEREAS pursuant to Minnesota Statutes section 84D.105, Subdivision 2(a), Governmental Unit is a Tribal or local government that agrees to assume legal, financial, and administrative responsibilities for inspection programs on some or all public waters within their jurisdiction; and WHEREAS DNR and Governmental Unit are committed to the following three core principles: • Coordination of their authority and resources to develop a reasonable and effective water-related equipment inspection requirement to stop the spread of AIS in the state and prevent the introduction of new AIS; • a collaborative, cooperative approach to AIS management and prevention; • ensuring continued access to public waters. NOW, THEREFORE it is mutually agreed by and between the Parties as follows: 1. PURPOSE. The purpose of this agreement is to enhance Minnesota's capacity to prevent the spread of AIS by enabling local governmental entities to perform AIS inspections and manage access to water resources in keeping with the three principles stated above. 2. TASKS AND RESPONSIBILITIES. A. DNR or its delegee will provide training of individuals employed by Governmental Unit and/or individuals working for contractors to Governmental Unit as inspectors and, upon successful completion of training and testing requirements, the DNR will certify individuals as authorized inspectors in accordance with Minnesota Statutes section 84D.105, subd. 2(a). DNR will assume all obligation for training to the extent set forth in Minnesota Statutes section 84D.105. Page 1 of 4 Delegation Agreement B. When requested by a law enforcement agency, DNR Enforcement will provide AIS training to licensed peace officers C. Governmental Unit will work with their local city and county law enforcement to ensure that local licensed peace officers are available to support Governmental Unit inspectors. Governmental Unit inspectors shall utilize local city and county law enforcement agencies as their primary law enforcement support when inspection stations are operated. DNR Conservation Officers may assist with support if a local agency officer is unavailable and there is an egregious violation. D. Governmental Unit will design and implement an AIS inspection program, detailed in a Watercraft Inspection Program Plan, which must be approved by DNR, on some or all public waters within their jurisdiction utilizing existing authorities and the authority granted to inspectors under Minnesota Statutes sections 84D.105, subd. 2(b) and 84D.10, subd. 3(a), clauses 1, 3, and 4 (the Program). The program must comply with all requirements in Minnesota Statutes section 84D.105 and in DNR Watercraft Inspection Program procedures and manuals. E. Governmental Unit will designate individuals employed by the Governmental Unit and/or individuals working for contractors to Governmental Unit to serve as inspectors for the Program and ensure that these individuals complete the required training and certification in paragraph 2A of this agreement prior to performing inspections. Governmental Unit will help coordinate training of licensed peace officers as provided under paragraph 2B of this agreement. F. Governmental Unit will provide one or more inspection stations established under the Program with trained and certified inspectors, who will exercise inspection authorities in accordance with current DNR procedures and manuals. General inspection procedures include: i. Visually and tactilely inspecting water-related equipment to determine whether aquatic invasive species, aquatic macrophytes, or water is present; ii. Instructing persons on how to comply with AIS laws by removing AIS, draining, decontaminating, or treating AIS and water-related equipment to prevent the transportation and spread of aquatic invasive species, aquatic macrophytes, and water; iii. Issuing verbal orders to prohibit placing water-related equipment, that has AIS attached or water that has not been drained, into waters of the state; iv. With owner's consent, assisting with the removal of AIS and decontamination of water-related equipment; and v. Contacting local law enforcement or Conservation Officers if a person transporting watercraft or water-related equipment refuses to take corrective actions to remove AIS or fails to comply with requirements to drain water prior to leaving the water access. G. Governmental Unit will support education and outreach projects and programs designed to increase public awareness and knowledge of the risks AIS pose to water resources and public capacity to contribute to the effort to prevent and manage the spread of AIS. H. Governmental Unit assumes legal, financial, and administrative responsibilities for their staff and/or individuals working for contractors and the actions of their staff/contractors and will bear costs incurred in completing the tasks and responsibilities herein, except that DNR will provide, at its sole expense, staff and/or contracted professionals to coordinate and conduct the training described herein. I. Governmental Unit and DNR will regularly meet or consult with each other to collaboratively develop the above-described elements of Governmental Unit AIS Program and potential models that could be used by other local government entities to help the prevent the spread of AIS, guided by the three core principles stated above. Page 2 of 4 Delegation Agreement J. Governmental Unit must submit an End-of-Season Watercraft Inspection Report to the DNR summarizing the results and issues related to implementing the inspection program. 3. LIABILITY. Each Party to this agreement shall be liable for its own acts and omissions and the results thereof to the extent authorized by law and shall not be responsible for the acts and omissions of the other party, its agents, volunteers or employees. It is understood and agreed that liability and damages arising from the Parties' acts and omissions are governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, the Minnesota Tort Claims Act, Minnesota Statutes section 3.736, and other applicable laws. 4. TERM AND TERMINATION. The agreement becomes effective on the date of final signature. This agreement expires on December 31; 12021 . The agreement may be terminated with or without cause by 30-day written notice to the other Party. 5. ENTIRE AGREEMENT. This agreement supersedes any prior or contemporaneous representations or agreements, whether written or oral, between DNR and Governmental Unit, and contains the entire agreement with regard to the subject matter herein. 6. AMENDMENTS. This agreement may be amended only by the mutual consent of the Parties in writing, signed by each of the Parties. 7. NOTICE. Any written communication required under this agreement will be addressed to the other Party as follows, except that any Party may change its representative and/or address for notice by so notifying the other Party in writing: To DNR: Watercraft Inspection Program Coordinator Minnesota Department of Natural Resources 500 Lafayette Road, Box 25 St. Paul MN 55155-4025 To Governmental Unit: Name/Title: (Leslie Stovring, Water Resources Coordinator Governmental Unit: (City of Eden Prairie Address: I8080 Mitchell Road Address: 'Eden Prairie, MN 55344 8. GOVERNING LAW AND VENUE. This agreement will be governed by and interpreted in accordance with the laws of the State of Minnesota. Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 9. WAIVERS. The waiver by DNR or Governmental Unit of any breach or failure to comply with any provision of this agreement by the other Party will not be construed as nor will it constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this agreement. Page 3 of 4 Delegation Agreement 10. STATE AUDITS. Under Minnesota Statutes section 16C.05, subd. 5, Governmental Unit books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement. 11. GOVERNMENT DATA PRACTICES. Governmental Unit and DNR must comply with the Minnesota Government Data Practices Act, Minnesota Statute Chapter 13, as it applies to all data provided by DNR under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by Governmental Unit under this agreement. The civil remedies of Minnesota Statute section 13.08 apply to the release of the data referred to in this clause by either Governmental Unit or DNR. If Governmental Unit receives a request to release the data referred to in this Clause, Governmental Unit must immediately notify the DNR's Data Practices Compliance Official. The Governmental Unit's response to the request shall comply with applicable law. The state complies with Minnesota Government Data Practices Act regarding the released of any data created, collected, received, stored,used, maintained, or disseminated by the respective party under this agreement. The state and the Governmental Unit shall let each other know when a data request has been received. IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto execute and deliver this agreement. DEPARTMENT OF NATURAL RESOURCES By: Title: Director, Division of Ecological and Water Resources Date: COMMISSIONER OF ADMINISTRATION By: Title: Date: GOVERNMENTAL UNIT: City of Eden Prairie By: Title: Date: Page 4 of 4 Delegation Agreement CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar March 19, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Kevin Schmieg Approve Service Agreement with Brycer, LLC to VIII.K. Acting Fire Chief provide The Compliance Engine "Solution" Requested Action Move to: Approve agreement with Brycer, LLC to provide the City with"The Compliance Engine". Synopsis The State Fire Code requires that buildings that contain fire sprinklers and fire alarm systems be tested annually and the results of those inspections be submitted to the Fire Department. Brycer, LLC provides The Compliance Engine "Solution" which will assist the Fire Department through an internet based tool to track and drive code compliance, reduce false alarm activity and increase fire inspector's efficiency and effectiveness. The "Solution"provides a secure cloud environment in which third party contractors that inspect, test, and maintain fire protection systems, submit their reports via Brycer's web portal to the Fire Department. The City will not be charged a fee for this service and will maintain ownership of the data. Attachment Professional Services Agreement BRYCER,LLC 4355 Weaver Parkway Suite 330 Warrenville,IL 60555 March 19,2019 City of Eden Prairie 14800 Scenic Heights Rd Eden Prairie,MN 55344 Re: "The Compliance Engine" Dear the City of Eden Prairie: We look forward to providing you with"The Compliance Engine"(the"Solution"). This proposal letter provides the basic terms by which Brycer,LLC ("Brycer")will provide you,the City of Eden Prairie, Minnesota("Client"),with the Solution. The use of the Solution and all matters between Brycer and Client will be subject to the standard "Terms and Conditions" attached to this proposal as Exhibit A. The basic terms are as follows: 1. Term: Brycer will provide Client with the Solution for three years,commencing March 19, 2019(the"Initial Term"). Thereafter,the Term shall automatically renew for successive three year periods unless terminated by Brycer or Client in writing at least 90 days prior to the expiration of the then current Term (each,a"Renewal Term"and together with the Initial Term,the "Term"). Following the expiration or termination of the Term(as provided in the Terms and Conditions),Client shall stop using the Solution; provided,however, Brycer shall make available, and Client shall have the right to download, Client's data from the Solution for a period of 60 days after the expiration or termination of the Term. Client shall have the right to terminate this agreement at any time upon giving 90 days' written notice to Brycer. 2. Fees: Client shall not pay any fees for use of the Solution. Brycer will collect all fees due and payable by third party inspectors in connection with activities relating to the Solution. 3. Brycer Responsibilities: During the Term, Brycer shall be responsible for the following in connection with Client's use of the Solution: • Availability. Brycer shall make the Solution available to Client as set forth on Exhibit B. The maintenance schedule and minimum service levels for the Solution are set forth on Exhibit B. • Service Level. Brycer shall provide commercially reasonable levels of customer service with respect to the Solution to all third parties who transact business with Client and access the Solution. • Backup. Brycer shall backup the database used in connection with the Solution to a separate server located within the same web hosting firm which the Solution is being hosted on a real time basis. Upon request by Client(which can be no more than once a month)or made prior to or within 60 days after the effective date of termination of the Term, Brycer will make available to Client a complete and secure (i.e. encrypted and appropriately authenticated) download file of Client data in XML format including all schema and attachments in their native format. Brycer shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and 2237531/5/13399.000 integrity of Client data. Brycer shall not(a)modify Client data or(b) disclose Client data except as required by law. • Retention of Information. Brycer will maintain all information entered into the database by third party inspectors for at least five years from the time such information is entered into the database. • Notices. Brycer will be responsible for generating and delivering the following notices to third parties in connection with the Solution: (a) reminders of upcoming inspections that are due; (b) notices that an inspection is past due; and(c) notices of completed inspection reports which contain one or more deficiencies. • Call Center. Phone calls will be made by Brycer on behalf of the Client to the property for EACH life-safety system overdue for service based on dates automatically tracked within the TCE database.Brycer is not an agent of the Client and all scripts for the overdue calls will be approved by the Client. • Updates and Enhancements. In the event Brycer releases any updates, corrections, or enhancements to the Solution during the Term,Brycer shall promptly provide such updates or corrections to Client free of any charge or fee. 4. Client Responsibilities: During the Term,Client shall be responsible for the following in connection with Client's use of the Solution: • Operating System. Client shall be solely responsible for providing a proper operating environment, including computer hardware or other equipment and software, for any portion of the Solution installed on the Client's equipment(the"Client Access Software") and for the installation of network connections to the Internet. In addition to any other Client Access Software requirements,Client must use version Internet Explorer 11.0,Edge, Firefox version 37,Chrome 40 or Safari 7.1 (or more recent versions),in addition to having a.pdf reader installed on machines to view attachments. • Training. Client shall allow Brycer at Client's facilities to train all applicable personnel of Client on the use of the Solution. • Information. Client shall promptly provide Brycer with all appropriate information necessary for Brycer to create the database for the Solution, including without limitation: (a) all commercial building addresses within the City of Eden Prairie for Biycer's initial upload; and(b)quarterly updates to in a format acceptable to Brycer in its discretion. • Enforcement. Client shall take all actions necessary to require(e.g. resolution,ordinance, fire policy, code amendment)the use of the Solution by third party inspection companies. • Reports. Client will require all compliant and deficient test results to be submitted to the Fire Chief. 5. Ownership of Data. Client owns all the data provided by Client and received from third party contractors for Client. Brycer shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Client's data. 2237531/5/13399.000 Please acknowledge your acceptance of this proposal and our standard Terms and Conditions by counter-signing this proposal below. We look forward to a long-term and mutually beneficial relationship with you. Brycer,LLC By: �--- Its: �trs fie e2T Acknowledged and Agreed to this 19th day of March,2019: CITY OF EDEN PRAIRIE By: Ronald A. Case,Mayor By: Rick Getschow, City Manager 223 753 1/5/1 3 3 99.000 Exhibit A Terms and Conditions Any capitalized terms not defined in these Terms and Conditions shall have the meaning assigned to it in that certain Letter Agreement attached hereto by and between Brycer,LLC and Client(the"Agreement). 1. Restrictions on Use. Client shall not copy,distribute,create derivative disclosed by law. In the event that Client requests from Brycer any works of or modify the Solution in any way. Client agrees that:(a)it reports or other information for purposes of complying with federal and shall only permit its officers and employees (collectively, the state disclosure laws,Brycer shall provide such information within five "Authorized Users")to use the Solution for the benefit of Client;(b)it business day following such request. Confidential Information shall use commercially reasonable efforts to prevent the unauthorized excludes information: (a)that is or becomes generally available to the use or disclosure of the Solution;(c)it shall not sell,resell,rent or lease public through no fault of the receiving party; (b)that is rightfully the Solution; (d) it shall not use the Solution to store or transmit received by the receiving party from a third party without limitation as infringing or otherwise unlawful or tortious material, or to store or to its use;or(c)that is independently developed by receiving party transmit material in violation of third party rights; (e) it shall not without use of any Confidential Information. At the termination of this interfere with or disrupt the integrity or performance of the Solution or Agreement, each party will return the other party all Confidential third-party data contained therein; (f) it shall not reverse engineer, Information of the other party. Each party also agrees that it shall not translate,disassemble,decompile or otherwise attempt to create any duplicate,translate,modify,copy,printout,disassemble,decompile or source code which is derived from the Solution(g)it shall not permit otherwise tamper with any Confidential Information of the other party anyone other than the Authorized Users to view or use the Solution;(h) or any firmware,circuit board or software provided therewith. it will not take any screen shots of the Solution;and(i)it shall not disclose the features of the Solution to anyone other than the 7. Brycer Warranty. Brycer represents and warrants to Client that Brycer Authorized Users. Client is responsible for all actions taken by the has all rights necessary in and to any patent, copyright, trademark, Authorized Users in connection with the Solution. service mark or other intellectual property right used in,or associated with,the Solution,and that Brycer is duly authorized to enter into this 2. Proprietary Rights. All right,title and interest in and to the Solution, Agreement and provide the Solution to Client pursuant to this the features of the Solution and images of the Solution as well any and Agreement. all derivative works or modifications thereof(the"Derivative Works"), and any accompanying documentation, manuals or other materials 8. Disclaimer. All information entered into Brycer's database is produced used or supplied under this Agreement or with respect to the Solution by third party inspectors and their agents.THEREFORE,BRYCER or Derivative Works (the"Documentation"), and any reproductions SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR works made thereof,remain with Brycer. Client shall not remove any WARRANTY AS TO THE ACCURACY OR COMPLETENESS product identification or notices of such proprietary rights from the OF ANY INFORMATION ENTERED INTO BRYCER'S Solution. Client acknowledges and agrees that,except for the limited DATABASE BY EITHER CLIENT OR THIRD PARTY use rights established hereunder,Client has no right,title or interest in INSPECTORS. EXCEPT AS SET FORTH IN SECTION 7, the Solution,the Derivative Works or the Documentation. BRYCER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOLUTION OR ANY 3. Independent Contractor. Nothing in the Agreement may be construed OTHER INFORMATION AND ALL OTHER WARRANTIES, or interpreted as constituting either party hereto as the agent,principal, WHETHER EXPRESS OR IMPLIED, ARE HEREBY employee or joint venturer of the other. Each of Client and Brycer is DISCLAIMED, INCLUDING,WITHOUT LIMITATION, THE an independent contractor. Neither may assume, either directly or IMPLIED WARRANTIES OF MERCHANTABILITY AND indirectly,any liability of or for the other party. Neither party has the FITNESS FOR A PARTICULAR PURPOSE. BRYCER'S SOLE authority to bind or obligate the other party and neither party may LIABILITY FOR BREACH OF THE REPRESENTATION AND represent that it has such authority. WARRANTY SET FORTH IN SECTION 7, AND CLIENT'S SOLE REMEDY, SHALL BE THAT BRYCER SHALL 4. Reservation of Rights. Brycer reserves the right,in its sole discretion INDEMNIFY AND HOLD CLIENT HARMLESS FROM AND and with prior notice to Client,to discontinue,add,adapt,or otherwise AGAINST ANY LOSS,SUIT,DAMAGE,CLAIM OR DEFENSE modify any design or specification of the Solution and/or Brycer's ARISING OUT OF BREACH OF THE REPRESENTATION policies,procedures,and requirements specified or related hereto. All AND WARRANTY. rights not expressly granted to Client are reserved to Brycer,including the right to provide all or any part of the Solution to other parties. 9. LIMITATION ON DAMAGES. BRYCER SHALL ONLY BE LIABLE TO CLIENT, AND CLIENT SHALL ONLY BE 5. Use of Logos. During the term of this Agreement, Brycer may use LIABLE TO BRYCER,FOR DIRECT DAMAGES PURSUANT Client's logos for the purpose of providing the Solution to Client with TO THE AGREEMENT. EXCEPT AS OTHERWISE the prior written consent of Client. PROVIDED IN SECTION 7, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR OR 6. Confidential Information. Brycer and Client acknowledge and agree OBLIGATED IN ANY MANNER FOR SPECIAL, that in providing the Solution,Brycer and Client,as the case may be, CONSEQUENTIAL,OR INDIRECT DAMAGES,INCLUDING, may disclose to the other party certain confidential,proprietary trade BUT NOT LIMITED TO, LOSS OF USE,LOSS OF PROFITS secret information ("Confidential Information"). Confidential OR SYSTEM DOWNTIME. information may include,but is not limited to,the Solution,computer programs, flowcharts, diagrams, manuals, schematics, development 10. Risks Inherent to Internet. Client acknowledges that:(a)the Internet is tools, specifications, design documents, marketing information, a worldwide network of computers,(b)communication on the Internet financial information or business plans. Each party agrees that it will may not be secure,(c)the Internet is beyond the control of Brycer,and not, without the express prior written consent of the other party, (d)Brycer does not own,operate or manage the Internet. Client also disclose any Confidential Information or any part thereof to any third acknowledges that there are inherent risks associated with using the party. Notwithstanding the foregoing,the parties acknowledge that Solution,including but not limited to the risk of breach of security,the Client and Brycer shall be permitted to comply with any all federal and risk of exposure to computer viruses and the risk of interception, state laws concerning disclosure,including the Minnesota Government distortion, or loss of communications. Client assumes these risks Data Practices Act, Minn. Stat. Ch. 13. The disclosing party shall knowingly and voluntarily releases Brycer from all liability from all provide prior written notice of any required disclosure of the such risks. Not in limitation of the foregoing,Client hereby assumes nondisclosing party's Confidential Information to the nondisclosing the risk,and Brycer shall have no responsibility or liability of any kind party and shall disclose only the information that is required to be hereunder, for: (1) errors in the Solution resulting from misuse, 2237531/5/13399.000 negligence,revision,modification,or improper use of all or any part of if delivered to a nationally recognized overnight courier service,one the Solution by any entity other than Brycer or its authorized business day after delivery. representatives; (2)any version of the Solution other than the then- current unmodified version provided to Client;(3)Client's failure to 17. JURISDICTION AND VENUE. THE AGREEMENT SHALL BE timely or correctly install any updates to the Client Access Software; GOVERNED BY, CONSTRUED AND INTERPRETED IN (4)problems caused by connecting or failure to connect to the Internet; ACCORDANCE WITH, AND ENFORCEABLE UNDER, THE (5) failure to provide and maintain the technical and connectivity LAWS OF THE STATE IN WHICH CLIENT EXISTS APPLICABLE configurations for the use and operation of the Solution that meet TO CONTRACTS MADE IN SUCH STATE AND THAT ARE TO Brycer's recommended requirements; (6) nonconformities resulting BE WHOLLY PERFORMED IN SUCH STATE WITHOUT from or problems to or caused by non-Brycer products or services;or REFERENCE TO THE CHOICE-OF-LAW PRINCIPLES OF SUCH (7)data or data input,output,accuracy,and suitability,which shall be STATE. THE PARTIES IRREVOCABLY AGREE THAT ALL deemed under Client's exclusive control. ACTIONS OR PROCEEDINGS IN ANY WAY, MANNER OR RESPECT ARISING OUT OF OR FROM OR RELATED TO THE I1. Indemnity. Brycer (the "Indemnifying Party") will defend and AGREEMENT SHALL BE LITIGATED ONLY IN COURTS indemnify Client against any damages, losses, liabilities, causes of LOCATED WITHIN THE STATE IN WHICH CLIENT EXISTS. action,costs or expenses(including reasonable attorneys'fees)arising THE PARTIES HEREBY CONSENT AND SUBMIT TO THE from Brycer's breach of this Agreement, gross negligence or EXCLUSIVE JURISDICTION OF ANY LOCAL, STATE OR intentional misconduct. Client will defend and indemnify Brycer FEDERAL COURT LOCATED WITHIN SAID STATE. THE against any damages,losses, liabilities,costs or expenses(including PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO reasonable attorneys' fees) arising from Client's breach of this TRANSFER OR CHANGE VENUE OF ANY SUCH ACTION OR Agreement, gross negligence or intentional misconduct. Client PROCEEDING ARISING OUT OF OR RELATING TO THIS acknowledges that Brycer does not create any of the data and AGREEMENT. THE PARTIES WAIVE ANY RIGHT TO TRIAL information included in the Solution and is not responsible for and does BY JURY ON ANY ACTION OR PROCEEDING TO ENFORCE OR not assess or make any suggestions or recommendations with respect DEFEND ANY RIGHTS UNDER THE AGREEMENT, AND to any such data or information. Client will defend and indemnify AGREE THAT ANY SUCH ACTION OR PROCEEDING SHALL Brycer against any damages, losses, liabilities, costs or expenses BE TRIED BEFORE A COURT AND NOT BEFORE A JURY. (including reasonable attorneys' fees), claims, demands, suits or proceedings made or brought against Brycer by a third party in 18. Attorneys'Fees. The prevailing party in any proceeding in connection connection with Client's or an Authorized User's use of the Solution, with the Agreement shall be entitled to recover from the non-prevailing or any action or inaction taken by a third party, including, but not party all costs and expenses,including without limitation,reasonable limited to,third party inspectors,in connection with such third party attorneys' and paralegals' fees and costs incurred by such party in providing services for Client or otherwise at Client's or an Authorized connection with any such proceeding. User's request or direction. 19. Entire Agreement. The Agreement sets out the entire agreement 12. Breach. Brycer shall have the right to terminate or suspend this between the parties relative to the subject matter hereof and supersedes Agreement, and all of Client's rights hereunder, immediately upon all prior or contemporaneous agreements or representations,oral or delivering written notice to Client detailing Client's breach of any written. provision of this Agreement. If Client cures such breach within 5 days of receiving written notice thereof, Brycer shall restore the Solution 20. Amendment. The Agreement may not be altered or modified,except and Client shall pay any fees or costs incurred by Brycer in connection by written amendment which expressly refers to the Agreement and with the restoration of the Solution. Client shall have the right to which is duly executed by authorized representatives of both parties. terminate or suspend this Agreement immediately upon delivering The waiver or failure by either party to exercise or enforce any right written notice to Brycer detailing Brycer's breach of any provision of provided for in the Agreement shall not be deemed a waiver of any this Agreement. If Brycer cures such breach within 5 days of receiving further right under the Agreement. Any provision of the Agreement written notice thereof,Brycer shall pay any fees or costs incurred by held to be invalid under applicable law shall not render the Agreement Client in connection with the breach. invalid as a whole, and in such an event, such provision shall be interpreted so as to best accomplish the intent of the parties within the 13. Illegal Payments. Client acknowledges and agrees that it has not limits of applicable law. The Agreement may be executed by facsimile received or been offered any illegal or improper bribe, kickback, and in counterparts,each of which shall be deemed an original,and all payment, gift or anything of value from any employee or agent of of which together shall constitute one and the same instrument. Brycer in connection with the Agreement. 21. Expiration. The rights and obligations contained in these Terms and 14. Beneficiaries. There are no third party beneficiaries to the Agreement. Conditions shall survive any expiration or termination of the Agreement. 15. Force Maieure. Neither party shall be responsible for any failure to perform due to unforeseen,non-commercial circumstances beyond its 22. Statutory Provisions. reasonable control,including but not limited to acts of God,war,riot, embargoes, acts of civil or military authorities, fire, floods, a. Audit Disclosure.The books,records,documents and accounting earthquakes,blackouts,accidents,or strikes. In the event of any such procedures and practices of Brycer or other parties relevant to this delay,any applicable period of time for action by said party may be Agreement are subject to examination by Client and either the deferred for a period of time equal to the time of such delay,except Minnesota Legislative Auditor or the Minnesota State Auditor for a that a parry's failure to make any payment when due hereunder shall period of six(6)years after the effective date of this Agreement. not be so excused. b. Data Practices. Any reports, information,or data in any form 16. Notices. All notices required in the Agreement shall be effective:(a) given to,or prepared or assembled by Brycer under this Agreement if given personally,upon receipt;(b)if given by facsimile or electronic which Client requests to be kept confidential, shall not be made mail, when such notice is transmitted and confirmation of receipt available to any individual or organization without the Client's prior obtained;(c)if mailed by certified mail,postage prepaid,to the last written approval. This Agreement is subject to the Minnesota known address of each party,three business days after mailing;or(d) Government Data Practice Act,Minnesota Statutes Chapter 13(Data Practices Act). All government data,as defined in the Data Practices 223 753 1/5/1 3 3 99.000 Act Section 13.02, Subd 7, which is created, collected, received, violation of statutes,ordinances,rules and regulations pertaining to the stored, used, maintained,or disseminated by Brycer in performing services to be provided shall constitute a material breach of this any of the functions of Client during performance of this Agreement Agreement and entitle Client to immediately terminate this Agreement. is subject to the requirements of the Data Practice Act and Brycer shall comply with those requirements as if it were a government 24. Rights,Remedies,and Waiver.The duties and obligations imposed by entity. All subcontracts entered into by Brycer in relation to this this Agreement and the rights and remedies available thereunder shall Agreement shall contain similar Data Practices Act compliance be in addition to and not a limitation of any duties,obligations,rights language. and remedies otherwise imposed or available by law. Any waiver by either party of a breach of any provisions of this Agreement shall not 23. Compliance with Laws and Regulations. In providing services affect,in any respect,the validity of the remainder of this Agreement. hereunder, Brycer shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any 2237531/5/13399.000 Exhibit B Maintenance Schedule and Minimum Service Levels 1. Uptime and Maintenance. The Solution shall be available 24 hours per day during the term of this Agreement. The Solution shall be fully functional, timely and accessible by Client at least 99.5%of the time or better and Brycer shall use reasonable efforts to provide Client with advance notice of any unscheduled downtime. 2. Response Time. Developer shall respond to telephone calls from Client within two hours of the call and/or message and all emails from Client within two hours of the receipt of the email. 3. Customer Support Customer support hours are 24/7/365. The toll free number is 1-855-279-2371 Brycer will assign client a dedicated customer representative with direct access to their email and work number. 2237531/5/13399.000 CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims March 19, 2019 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 266260 - 266559 Wire Transfers 1022097 - 1022212 Wire Transfers 6994—7017 Purchasing Card 6994 City of Eden Prairie Council Check Summary Division Amount Division Amount General 1,982 308 E-911 424 100 City Manager 10 315 Economic Development 5,981 101 Legislative 4,896 317 Eden Prairie Players 934 102 Legal Counsel 60,085 445 Cable PEG 444 110 City Clerk 284 502 Park Development 90,835 111 Customer Service 5,910 509 CIP Fund 18,864 112 Human Resources 375 512 CIP Trails 695 113 Communications 13,503 522 Improvement Projects 2006 106,010 114 Benefits&Training 4,531 532 EP Road Connect Flying Cloud 301,406 130 Assessing 699 804 100 Year History 145 131 Finance 95 Total Capital Projects Fund 525,739 132 Housing and Community Services 130 133 Planning 512 601 Prairie Village Liquor 81,301 136 Public Safety Communications 762 602 Den Road Liquor 154,966 138 Community Development Admin. 292 603 Prairie View Liquor 88,602 150 Park Administration 800 605 Den Road Building 3,237 151 Park Maintenance 8,050 701 Water Enterprise Fund 72,527 153 Organized Athletics 142 702 Wastewater Enterprise Fund 9,350 154 Community Center 30,342 703 Stormwater Enterprise Fund 12,282 156 Youth Programs 1,702 Total Enterprise Fund 422,265 158 Senior Center 4,539 159 Recreation Administration 7,466 802 494 Commuter Services 21,435 160 Therapeutic Recreation 402 803 Escrow Fund 6,893 162 Arts 2,293 807 Benefits Fund 819,954 163 Outdoor Center 1,911 810 Workers Comp Insurance 2,035 168 Arts Center 1,689 812 Fleet Internal Service 78,761 180 Police Sworn 21,259 813 IT Internal Service 243,496 184 Fire 52,533 815 Facilites Operating ISF 17,046 186 Inspections 4,035 816 Facilites City Center ISF 72,764 200 Engineering 2,889 817 Facilites Comm.Center ISF 56,835 201 Street Maintenance 14,601 Total Internal Svc/Agency Funds 1,319,219 202 Street Lighting 141 Total General Fund 248,857 Report Total 2,547,327 301 CDBG 29,846 303 Cemetary Operation 650 Total Special Revenue Fund 30,496 443 2012C GO Penn Impr Ref Bonds 750 Total Debt Service Fund 750 City of Eden Prairie Council Check Register by GL 3/19/2019 Check# Amount Supplier/Explanation Account Description Business Unit Comments 266553 290,748 VEIT&CO Improvement Contracts EP Rd Connect to Flying Cloud Eden Prairie Road Project 266306 280,508 HEALTHPARTNERS Accounts Receivable Health and Benefits March 2019 Premiums 7013 258,304 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR period 03.01.19 7011 170,595 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Period 02.15.19 266552 169,951 TYLER TECHNOLOGIES INC Software Maintenance IT Operating New World Annual Maint 2019 1022203 96,020 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 2006 266333 75,513 MINGER CONSTRUCTION INC Improvements to Land Park Acquisition&Development 1022158 74,045 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 1022131 67,561 GREGERSON ROSOW JOHNSON&NILAN LTD Legal Rehab 6994 63,237 USB-PURCHASING CARD Repair&Maint.Supplies Water Distribution 266322 36,505 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1022178 34,442 CENTERPOINT ENERGY Gas General Community Center 1022133 33,645 LOGIS LOGIS Water Accounting 266512 31,484 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 266518 29,571 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 266529 25,000 NEMA INC Other Contracted Services Rehab 7015 24,432 EMPOWER Deferred Compensation Health and Benefits 266356 23,106 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 7014 22,003 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 1022186 19,904 HANSEN THORP PELLINEN OLSON Design&Engineering Park Acquisition&Development 266557 19,800 WATCHGUARD VIDEO Software Maintenance IT Operating 266270 19,053 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie Village Liquor Store 266488 17,914 FIRE SAFETY USA INC Equipment Repair&Maint Fire 266555 16,560 VIDEOTRONIX INC Other Assets Capital Maint.&Reinvestment 1022140 15,704 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 2006 6996 14,901 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 266269 14,732 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 266348 14,644 PRAIRIEVIEW RETAIL LLC Building Rental Prairie View Liquor Store 266271 14,380 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 266347 14,010 PRAIRIE PARTNERS SIX LLP Waste Disposal Prairie Village Liquor Store 6997 12,986 I-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission 7009 12,726 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits 266461 12,467 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 7010 12,088 NCR MERCHANT SOLUTIONS Bank and Service Charges Prairie View Liquor Store 266466 11,908 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 266462 11,557 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Den Road Liquor Store 1022154 11,124 CLAREY'S SAFETY EQUIPMENT Training Supply-Operating Emergency Preparedness 7007 11,036 FURTHER-AKA SELECT HSA-Employee Health and Benefits 7017 11,036 FURTHER-AKA SELECT HSA-Employee Health and Benefits 266321 10,707 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 266474 10,514 COMPASS MINERALS AMERICA,INC Salt Snow&Ice Control 1022187 10,010 JEFFERSON FIRE&SAFETY INC Protective Clothing Fire 1022195 10,000 NOVOTX LLC Software Maintenance IT Operating 266263 9,732 ACE TRAILER SALES Autos Fleet-Fire 266511 9,297 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 266304 9,119 GRAYMONT Treatment Chemicals Water Treatment 7004 8,973 CARD CONNECT Bank and Service Charges Community Center Admin 1022199 8,385 PRAIRIE ELECTRIC COMPANY Contract Svcs-Ice Rink City Center-CAM 266344 7,823 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 266542 7,578 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 266532 7,529 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1022119 7,209 YOUNGSTEDTS COLLISION CENTER Equipment Repair&Maint Fleet Operating 266453 6,987 BADGER STATE INSPECTION LLC Improvement Contracts Water Capital 1022192 6,933 METRO SALES INCORPORATED* Equipment Rentals 494 Corridor Commission 266260 6,816 US POSTMASTER-HOPKINS Postage Community Brochure 266351 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 266537 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 1022174 5,470 WENCK ASSOCIATES INC OCS-Monitoring Stormwater Non-Capital 266264 5,204 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 266526 5,150 MUELLER CO Repair&Maint. Supplies Water Metering 266490 5,106 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 7006 5,070 FURTHER-AKA SELECT HRA Health and Benefits 266274 5,065 CENTURY COLLEGE Conference/Training Fire 7008 4,774 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits 266481 4,665 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 266496 4,644 GRAYMONT Treatment Chemicals Water Treatment 266318 4,640 INTERTECH INC Software IT Capital 1022172 4,473 VAN PAPER COMPANY Direct SuperValu Pool Maintenance 266372 4,283 POSTMASTER Advertising Prairie Village Liquor Store 266479 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund 266311 3,938 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 266342 3,872 OFFICE TEAM Wages No Benefits 494 Corridor Commission 1022101 3,819 BRAUN INTERTEC CORPORATION Testing Improvement Projects 2006 266338 3,800 MUELLER CO Repair&Maint. Supplies Water Metering 266335 3,750 MINNESOTA GREEN LANDSCAPING,INC. Deposits Escrow 7001 3,711 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 266336 3,631 MINTAHOE INC Other Contracted Services Wine Club/Events 1022176 3,594 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1022198 3,489 POMP'S TIRE SERVICE INC Tires Fleet Operating 1022122 3,357 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 266558 3,325 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1022148 3,304 XCEL ENERGY Electric Traffic Signals 1022116 3,278 VAN PAPER COMPANY Cleaning Supplies Fitness/Conference-Cmty Ctr 1022211 3,176 XCEL ENERGY Electric Prairie Village Liquor Store 266300 3,171 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 1022121 3,055 ASPEN WASTE SYSTEMS INC. Waste Disposal Fire Station#3 266450 3,024 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 266534 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service 1022141 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply(Wells) 266359 2,938 SUBURBAN RATE AUTHORITY Dues&Subscriptions City Council 266294 2,874 DPC INDUSTRIES INC Treatment Chemicals Water Treatment 266314 2,858 IMPACT PROVEN SOLUTIONS Other Contracted Services Water Conservation 1022208 2,811 WALL TRENDS INC Building Repair&Maint. Utility Operations-General 266343 2,755 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 266505 2,717 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 1022128 2,707 GENUINE PARTS COMPANY Reimbursement Utility Operations-General 266297 2,543 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet-Police 266494 2,523 GENERAL OFFICE PRODUCTS COMPANY Supplies-General Bldg Police(City Cost) 1022165 2,513 PARK SUPPLY OF AMERICA INC Small Tools Facilities Staff 266293 2,510 DOMACE VINO Liquor Product Received Prairie View Liquor Store 1022143 2,365 STREICHERS Clothing&Uniforms Police Sworn 266470 2,350 CLIFTONLARSONALLEN LLP Other Contracted Services Organizational Services 266498 2,273 H&L MESABI Equipment Parts Fleet Operating 266368 2,237 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1022112 2,237 PARK SUPPLY OF AMERICA INC Supplies-Plumbing Fitness/Conference-Cmty Ctr 266301 2,200 FOUNDATION BUSINESS SYSTEMS,LLC Dues&Subscriptions Stormwater Non-Capital 1022177 2,186 BOYER TRUCKS Equipment Parts Fleet Operating 1022179 2,169 DLT SOLUTIONS INC. Software Maintenance IT Operating 1022137 2,092 SENIOR COMMUNITY SERVICES Other Contracted Services CDBG-Public Service 266469 2,064 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 266499 2,000 HENNEPIN COUNTY Other Contracted Services CDBG-Public Service 6999 1,959 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration 266326 1,844 LEAGUE OF MINNESOTA CITIES Dues&Subscriptions Stormwater Non-Capital 266497 1,838 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions 266265 1,835 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 266312 1,747 IAFC Dues&Subscriptions Fire 266459 1,689 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 1022117 1,654 VINOCOPIA Liquor Product Received Prairie View Liquor Store 1022175 1,597 ADVANCED ENGINEERING&ENVIRONMENTAL SE Equipment Repair&Maint Water Capital 1022205 1,558 UNIQUE PAVING MATERIALS Gravel Water Distribution 266455 1,511 BERNICK'S WINE Liquor Product Received Den Road Liquor Store 6995 1,453 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits 266531 1,449 PAUSTIS&SONS COMPANY Liquor Product Received Den Road Liquor Store 266536 1,432 RETROFIT COMPANIES,INC,THE Supplies-Electrical City Center-CAM 7005 1,401 FIDELITY SECURITY LIFE INSURANCE CO Accounts Receivable Health and Benefits 266331 1,390 MEDICINE LAKE TOURS Special Event Fees Trips 1022118 1,378 WENCK ASSOCIATES INC OCS-Monitoring Stormwater Non-Capital 266276 1,355 CHIMNEY PINES HOA Rebates Water Conservation 266370 1,348 YORKTOWN OFFICES Building Rental 494 Corridor Commission 1022109 1,334 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Center-CAM 266467 1,325 CENTURYLINK Telephone IT Operating 266547 1,292 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 266500 1,256 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 266507 1,250 HP INC Computers-Monitors IT Operating 1022132 1,246 IDEAL SERVICE INC Equipment Repair&Maint Water Supply(Wells) 266551 1,242 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions 1022204 1,228 STREICHERS Clothing&Uniforms Police Sworn 1022108 1,210 LOWERY,THOMAS Tuition Reimbursement/School Organizational Services 266364 1,181 U.S DEPARTMENT OF AGRICULTURE Other Contracted Services Deer Consultant 1022139 1,180 SPS COMPANIES Supplies-Plumbing Fitness/Conference-Cmty Ctr 1022155 1,142 CUSTOM HOSE TECH Equipment Parts Fleet Operating 266354 1,136 SMALL LOT MN Liquor Product Received Den Road Liquor Store 1022173 1,132 VINOCOPIA Liquor Product Received Den Road Liquor Store 1022098 1,093 AMERIPRIDE LINEN&APPAREL SERVICES Clothing&Uniforms Prairie Village Liquor Store 266307 1,085 HEALTHPARTNERS Health&Fitness Fire Check# Amount Supplier/Explanation Account Description Business Unit Comments 1022185 1,046 GRAINGER Equipment Parts Water Metering 266337 1,042 MN DEPT OF TRANSPORTATION Equipment Repair&Maint Traffic Signals 6998 1,040 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 266360 1,028 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 266520 1,000 MENTAL WELLNESS&CONSULTATION,LLC Tuition Reimbursement/School Police Sworn 266533 998 PINKE DAVID P&R Refunds Community Center Admin 266521 950 MIDWEST SAFETY COUNSELORS INC Conference/Training Street Maintenance 266317 945 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 266527 943 NAC Equipment Repair&Maint Utility Operations-General 1022138 931 SHI CORP Software Maintenance IT Operating 266298 900 EMPLOYER SOLUTIONS STAFFING Wages No Benefits 494 Corridor Commission 1022147 890 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 1022129 889 GRAINGER Safety Supplies Facilities Staff 266443 842 ABM EQUIPMENT AND SUPPLY COMPANY Equipment Parts Fleet Operating 1022180 835 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 1022183 832 FILTRATION SYSTEMS Contract Svcs-HVAC City Center-CAM 266501 805 HENNEPIN COUNTY CHIEF OF POLICE ASSOC Dues&Subscriptions Police Sworn 266444 805 AIRGAS USA LLC Supplies-Pool Pool Maintenance 266319 800 ISG Other Contracted Services Planning&Development 266291 785 DAVEY TREE EXPERT COMPANY,THE Other Contracted Services Tree Removal 266332 765 MIDWEST COCA COLA BOTTLING COMPANY Liquor Product Received Den Road Liquor Store 266363 764 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions 1022182 760 FERRELLGAS Gas Outdoor Center 1022191 757 METRO ELEVATOR INC Contract Svcs-Elevator City Center-CAM 266367 750 WELLS FARGO BANK MINNESOTA NA Paying Agent 2012C GO Perm Impr Ref Bonds 266559 750 BASSWOODS FIRST HOME OWNERS ASSOCIATION Rebates Stormwater Non-Capital 1022209 718 WATSON CO INC,THE Merchandise for Resale Concessions 1022160 675 HIGGINS,RYAN Telephone IT Operating 1022134 675 MENARDS Building Materials Capital Outlay Parks 266446 665 ALTERNATIVE BUSINESS FURNITURE INC Supplies-General Bldg Police(City Cost) 1022210 651 WINE COMPANY,THE Liquor Product Received Den Road Liquor Store 266289 650 D H EXCAVATING Other Contracted Services Pleasant Hill Cemetery 1022159 649 HACH COMPANY Laboratory Chemicals Water Treatment 266495 649 GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 266328 648 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1022151 641 BERRY COFFEE COMPANY Merchandise for Resale Concessions 266463 638 BTR OF MINNESOTA Equipment Parts Fleet Operating 266543 637 ST FRANCIS VETERINARY CLINIC Canine Supplies Police Sworn 1022107 621 HACH COMPANY Laboratory Chemicals Water Treatment 266445 616 ALLIED GENERATORS Contract Svcs-Fire/Life/Safe Fitness/Conference-Cmty Ctr 266485 610 EMPLOYER SOLUTIONS STAFFING Wages No Benefits 494 Corridor Commission 266493 588 GEAR WASH LLC Protective Clothing Fire 1022189 566 KUSTOM SIGNALS INC Equipment Repair&Maint Police Sworn 1022146 559 WATSON CO INC,THE Merchandise for Resale Concessions 266508 554 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 266457 550 BLOOMINGTON,CITY OF Kennel Services Police Sworn 1022207 544 VISTAR CORPORATION Merchandise for Resale Concessions 266330 541 MARCO INC Telephone IT Operating 1022163 515 METROPOLITAN FORD Equipment Parts Fleet Operating 1022167 483 R&R SPECIALTIES OF WISCONSIN INC Contract Svcs-Ice Rink Ice Arena Maintenance Check# Amount Supplier/Explanation Account Description Business Unit Comments 266308 468 HENNEPIN COUNTY UT DEPT Software Maintenance Public Safety Communications 1022181 463 FACTORY MOTOR PARTS COMPANY Lubricants&Additives Fleet Operating 266476 457 CORE&MAIN Equipment Parts Wasterwater Collection 266546 455 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 266292 451 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1022130 444 GRANICUS INC Equipment Repair&Maint Cable PEG 266329 440 M&A EXECUTIVE SEARCH LLC Conference/Training Fire 266324 438 KRIS ENGINEERING INC Equipment Parts Fleet Operating 266352 438 SAMBATEK INC Equipment Repair&Maint Water Supply(Wells) 266456 432 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 266509 431 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 266482 431 E A SWEEN COMPANY Merchandise for Resale Concessions 266355 425 SOUNDS GREAT&SPECIAL SOUNDS INC Other Contracted Services Skating Rinks/Warming Houses 266550 422 TKO WINES,INC Liquor Product Received Den Road Liquor Store 266305 420 GS DIRECT Operating Supplies Engineering 1022126 414 FACTORY MOTOR PARTS COMPANY Lubricants&Additives Fleet Operating 266464 405 BWS HEATING&AIR CONDITIONING Contract Svcs-HVAC Pool Maintenance 266279 400 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 266272 389 CAPREF EDEN PRAIRIE LLC Building Rental Housing and Community Service 266502 381 HENNEPIN COUNTY UT DEPT Equipment Repair&Maint Public Safety Communications 266517 378 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 266447 375 AMAZING BALLOONS MN LLC. Other Contracted Services Stormwater Non-Capital 1022136 372 REINDERS INC Chemicals Park Maintenance 1022188 369 KIDCREATE STUDIO Instructor Service Stormwater Non-Capital 266483 368 EHLERS&ASSOCIATES INC Other Contracted Services TIF-Heights at Valley View 266285 360 CORPORATE TECHNOLOGIES Equipment Repair&Maint 494 Corridor Commission 1022127 357 GARTNER REFRIGERATION&MFG INC Repair&Maint-Ice Rink Ice Arena Maintenance 266299 350 ERICKSON ENGINEERING COMPANY LLC Design&Engineering Engineering 7002 348 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 266392 345 EDINA REALTY TITLE AR Utility Water Enterprise Fund 266273 342 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Organizational Services 266545 342 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 266275 336 CHANKASKA CREEK RANCH&WINERY,LLC Liquor Product Received Den Road Liquor Store 266478 329 DELEGARD TOOL CO Equipment Parts Fleet Operating 266544 328 STAPLES ADVANTAGE Office Supplies Customer Service 266357 322 STAPLES ADVANTAGE Office Supplies Customer Service 1022110 320 MINNESOTA CLAY CO.USA Operating Supplies Arts Center 1022135 319 METRO SALES INCORPORATED* Equipment Rentals IT Operating 1022120 312 ANCHOR PAPER COMPANY Office Supplies Customer Service 266315 306 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 266309 304 HENNEPIN COUNTY MEDICAL CENTER Health&Fitness Fire 266535 294 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 266410 292 LE-HOANG CAMKHA AR Utility Water Enterprise Fund 1022104 288 EICHMAN NATHAN Canine Supplies Police Sworn 266523 280 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 1022097 280 ADAMS PEST CONTROL INC Contract Svcs-Pest Control Fire Station#4 266268 277 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 1022190 273 MENARDS Building Materials Fire Station#1 266267 270 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 266353 269 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store Check# Amount Supplier/Explanation Account Description Business Unit Comments 266548 250 THREE RIVERS PARK DISTRICT Licenses,Taxes,Fees Water Capital 266556 250 VOLAVKA,LYNDA Other Contracted Services Skating Rinks/Warming Houses 1022124 249 BOYER TRUCKS Equipment Parts Fleet Operating 266524 248 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 266510 248 J H LARSON COMPANY Supplies-Electrical City Center-CAM 266361 241 THE ADVENT GROUP Wages No Benefits 494 Corridor Commission 266468 234 CINTAS Operating Supplies Park Maintenance 1022161 231 HIRSHFIELD'S Repair&Maint. Supplies Water Treatment 266415 230 NOBLE JACK AR Utility Water Enterprise Fund 266539 227 SHEPPARD ELIZABETH Operating Supplies Outdoor Center 266492 225 FREEVEND TECHNICAL SERVICES Equipment Repair&Maint Concessions 266480 223 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 266549 217 TITAN MACHINERY Equipment Parts Fleet Operating 1022196 216 OSI BATTERIES INC Office Supplies Police Sworn 266525 210 MUEHLBAUER,THOMAS G Other Contracted Services Community Band 1022162 207 JOHNSTONE SUPPLY Supplies-HVAC Ice Arena Maintenance 1022149 206 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store 266458 202 BLUEPEARL VETERINARY Canine Supplies Police Sworn 266491 200 FORSYTH,TAYLOR P&R Refunds Community Center Admin 7012 199 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 1022197 198 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 1022113 194 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 266420 193 PUK STEVEN AR Utility Water Enterprise Fund 266375 189 ALTISOURCE SOLUTIONS INC AR Utility Water Enterprise Fund 266386 187 DAVIES E WYN AR Utility Water Enterprise Fund 266349 184 PRINCIPAL FINANCIAL GROUP Payroll-Marketing 494 Corridor Commission 266303 175 GERTENS Conference/Training Park Maintenance 1022125 172 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 266401 168 HELD BRIANNA AR Utility Water Enterprise Fund 266283 165 CONTINENTAL SAFETY EQUIPMENT Supplies-Fire/Life/Safety Ice Arena Maintenance 1022153 161 CASE,RON Travel Expense City Council 266506 160 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Fitness/Conference-Cmty Ctr 266530 157 PAPCO INC Cleaning Supplies Fitness/Conference-Cmty Ctr 266460 154 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 266435 150 WATERMARK TITLE AGENCY AR Utility Water Enterprise Fund 1022142 150 STERICYCLE INC Other Contracted Services Police Sworn 1022145 150 USA SECURITY Maintenance Contracts Water Treatment 266302 149 GALLS LLC Clothing&Uniforms Police Sworn 266487 145 ESTRINE,ROBERT Other Contracted Services Community Band 7000 145 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture 266397 140 GREY MICHAEL AR Utility Water Enterprise Fund 266346 140 PLEAA Dues&Subscriptions Police Sworn 266454 140 BARUCH RACHEL P&R Refunds Community Center Admin 1022105 140 ELLIS,ROBERT Travel Expense Engineering 1022114 140 SCHLUETER,PAUL Travel Expense Fleet Operating 1022157 139 GREATAMERICA FINANCIAL SVCS Postage Customer Service 266484 138 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 1022164 133 MPX GROUP,THE Printing Police Sworn 266282 133 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 1022123 129 BOBBY&STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair&Maint Police Sworn Check# Amount Supplier/Explanation Account Description Business Unit Comments 266278 127 CINTAS CORPORATION Safety Supplies Community Center Admin 1022103 126 CARLSON,KEVIN Mileage&Parking Utility Operations-General 266385 126 DANGER CAROL AR Utility Water Enterprise Fund 1022099 121 BARRIE SPENCER Clothing&Uniforms Police Sworn 266554 120 VERIZON WIRELESS Cell/Pager Plans E-911 Program 266472 112 COMCAST Cable TV Fire 266277 112 CHRISTIAN,MICHELLE P&R Refunds Community Center Admin 266350 112 PROP-DO NOT USE Charitable Contributions Health and Benefits 266403 112 HUELLER GREGORY AR Utility Water Enterprise Fund 266362 111 TRANSUNION RISK&ALTERNATIVE DATA Other Contracted Services Police Sworn 1022212 111 ZIEGLER INC Equipment Parts Fleet Operating 266310 107 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating 266376 105 ANDREASSEN STUART AR Utility Water Enterprise Fund 266323 101 KENDELL DOORS&HARDWARE INC Supplies-Security City Hall(City Cost) 266325 100 LEAGUE OF HUMAN RIGHTS COMMISSION Dues&Subscriptions City Council 266384 100 CROKE RHONDA AR Utility Water Enterprise Fund 266404 100 HUFF DARLA AR Utility Water Enterprise Fund 266414 98 NARE NATHAN AR Utility Water Enterprise Fund 1022169 98 SITEONE LANDSCAPE SUPPLY,LLC Landscape Materials/Supp Street Maintenance 266313 98 IH2 PROPERTY ILLINOIS Cash Over/Short General Fund 266387 95 DIEN PHILIP AR Utility Water Enterprise Fund 266399 95 HALL RHONDA AR Utility Water Enterprise Fund 266486 95 ENKI BREWING COMPANY INC Liquor Product Received Den Road Liquor Store 266262 90 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 1022194 84 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 266436 82 WESTLING CHARLES AR Utility Water Enterprise Fund 266280 81 COMCAST Equipment Repair&Maint E-911 Program 266261 80 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 266540 80 SHRED RIGHT Waste Disposal City Hall(City Cost) 266541 78 SNAP-ON TOOLS Small Tools Fleet Operating 1022106 78 FASTENAL COMPANY Operating Supplies Traffic Signs 266340 75 NCRC NAHRO Dues&Subscriptions City Council 266452 74 BACAL,AGNIESZKA Operating Supplies Outdoor Center 1022170 73 STOCKWELL,WENDELL Dues&Subscriptions Inspections-Administration 266366 72 US BANK EQUIPMENT FINANCE Printing 494 Corridor Commission 266345 72 PK BLOODY MARY CORP Liquor Product Received Den Road Liquor Store 266369 72 WORM,SANDY Operating Supplies Skating Rinks/Warming Houses 1022156 72 FASTENAL COMPANY Equipment Parts Fleet Operating 266439 70 ZAMORA SILVIA AR Utility Water Enterprise Fund 266391 67 EDINA REALTY TITLE AR Utility Water Enterprise Fund 266437 66 WILEY JASON AR Utility Water Enterprise Fund 266341 66 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration 266513 65 KRAGNESS,KEN Dues&Subscriptions Inspections-Administration 1022168 61 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Den Road Liquor Store 266394 60 FAZZIO RONALD AR Utility Water Enterprise Fund 266417 60 OPEN DOOR LABS INC C/O ACCOUNTS PAYABLE AR Utility Water Enterprise Fund 266448 60 ANDERSON,WADE Clothing&Uniforms Facilities Staff 266423 60 SCHLANGEN ROBERT AR Utility Water Enterprise Fund 266514 58 LANO EQUIPMENT INC Equipment Parts Fleet Operating 266398 57 GUINTA CARMEN AR Utility Water Enterprise Fund Check# Amount Supplier/Explanation Account Description Business Unit Comments 1022184 57 GINA MARIAS INC Operating Supplies Volunteers 266429 56 TITLE LAND AR Utility Water Enterprise Fund 266395 54 FLYING CLOUD PROPERTY MGT AR Utility Water Enterprise Fund 1022115 54 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie Village Liquor Store 266281 53 COMCAST Internet IT Operating 266407 52 KUJAWA PETE AR Utility Water Enterprise Fund 266431 52 TWEDT CARRIE AR Utility Water Enterprise Fund 266449 52 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 266422 51 RUDE KYLE AR Utility Water Enterprise Fund 266320 50 IWOMEN Dues&Sub-Memberships Fire 266465 50 CANONICO NANETTE&SCOTT Rebates Water Conservation 266504 50 HILDI INC Audit&Financial Finance 266503 49 HESLET REBECCA P&R Refunds Community Center Admin 266316 49 INDELCO PLASTICS CORP Capital Under$25,000 Snow&Ice Control 266290 48 DAHL,JASON P&R Refunds Community Center Admin 266286 48 CTM SERVICES,INC. Repair&Maint-Ice Rink Ice Arena Maintenance 266424 48 SCHRUNK JASON AR Utility Water Enterprise Fund 266296 47 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 1022102 47 BUSINESS ESSENTIALS Office Supplies Utility Operations-General 266383 47 CHAO ANDREW AR Utility Water Enterprise Fund 266451 45 ASPEN MILLS Clothing&Uniforms Police Sworn 266473 45 COMCAST Cable TV Fire 266477 44 CROWN MARKING INC Office Supplies City Council 266441 44 ABDULLAHI OMAR AR Utility Water Enterprise Fund 1022200 43 QUICKSILVER EXPRESS COURIER Other Contracted Services Wastewater Accounting 1022193 43 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 266405 40 JACH KIMBERLY AR Utility Water Enterprise Fund 266390 39 EDGEWATER TITLE GROUP LLC AR Utility Water Enterprise Fund 266378 39 ATHEY JAMES AR Utility Water Enterprise Fund 266408 38 LAHAV ALEXANDER AR Utility Water Enterprise Fund 1022150 36 BATTERIES PLUS Supplies-General Bldg Outdoor Center Facilities 266538 35 SCHLOSSMACHER,JIM Mileage&Parking Police Sworn 266528 35 NARGO ROBERT Rebates Water Conservation 1022111 35 MUNOZ,MEGAN Tuition Reimbursement/School Fitness Classes 266382 33 BRUCKS DAVID AR Utility Water Enterprise Fund 266438 33 WURST JEFF AR Utility Water Enterprise Fund 266339 32 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 266427 32 STEVENS MARK AR Utility Water Enterprise Fund 266425 31 SHRIKHANBE PRASHANT AR Utility Water Enterprise Fund 266365 29 UNITED WAY Charitable Contributions Health and Benefits 1022201 28 SPRINT Cell/Pager Plans IT Operating 266266 27 BMO HARRIS BANK NA Other Contracted Services Police Sworn 266471 27 COMCAST Other Contracted Services Police Sworn 266433 26 WANG LI AR Utility Water Enterprise Fund 266412 25 MILANO JASON AR Utility Water Enterprise Fund 1022202 25 SPS COMPANIES Building Repair&Maint. Utility Operations-General 266380 25 BAILEY WAYNE AR Utility Water Enterprise Fund 266287 25 CUB FOODS EDEN PRAIRIE Operating Supplies Volunteers 7016 25 FURTHER-AKA SELECT HRA Health and Benefits 266334 25 MINNESOTA DEPARTMENT OF PUBLIC SAFETY Licenses,Taxes,Fees Fleet Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 266358 25 STATE OF MINNESOTA Licenses,Taxes,Fees Fleet Operating 1022100 23 BOHNSACK,SUE Mileage&Parking Senior Center Admin 1022171 22 TOLL GAS AND WELDING SUPPLY Repair&Maint. Supplies Utility Operations-General 266413 22 MODICA PAUL AR Utility Water Enterprise Fund 266419 21 PETTIT RYAN AR Utility Water Enterprise Fund 1022152 21 BOLD,PAULINE Operating Supplies Outdoor Center 266295 21 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 266428 21 THOMPSON ANDREW AR Utility Water Enterprise Fund 266522 20 MINNESOTA TROPHIES&GIFTS Operating Supplies Police Sworn 266430 20 TOREN JUAN AR Utility Water Enterprise Fund 266416 20 NORTH AMERICAN TITLE CO AR Utility Water Enterprise Fund 1022166 19 QUALITY PROPANE Equipment Parts Fleet Operating 266377 19 ASHWORTH JOHN AR Utility Water Enterprise Fund 266389 18 DUCKWORTH GINGER AR Utility Water Enterprise Fund 266379 18 AUGUSTIN BRENNA AR Utility Water Enterprise Fund 266519 18 MATTSON VICTORIA Tuition Reimbursement/School Fitness Classes 266406 17 JACKSON AMY AR Utility Water Enterprise Fund 266409 16 LEBLANC SANDRA AR Utility Water Enterprise Fund 266426 15 STEFFEN SHARI AR Utility Water Enterprise Fund 266489 14 FLECK JAMIE Operating Supplies Outdoor Center 266442 13 A&A QUALITY HOMES LLC AR Utility Water Enterprise Fund 266515 12 LEAGUE OF MINNESOTA CITIES Conference/Training IT Operating 266516 12 LEAGUE OF MINNESOTA CITIES Conference/Training IT Operating 266371 11 YU CHUNG Cash Over/Short General Fund 266288 10 CULLIGAN BOTTLED WATER Office Supplies 494 Corridor Commission 266434 10 WARREN ANGELA AR Utility Water Enterprise Fund 266432 10 VOSS TANNER AR Utility Water Enterprise Fund 266475 10 COOK MICHELLE Operating Supplies Outdoor Center 266400 9 HAYES CONNOR AR Utility Water Enterprise Fund 266388 9 DONLON J PETER AR Utility Water Enterprise Fund 266421 9 ROUW SCOTT AR Utility Water Enterprise Fund 266418 7 PENROSE MELISSA AR Utility Water Enterprise Fund 266396 7 GREENWALL ROBERT AR Utility Water Enterprise Fund 266327 7 LEE DEVIN AR Utility Water Enterprise Fund 266402 7 HOVET CHARLOTTE AR Utility Water Enterprise Fund 266393 6 FARR TIFFANY AR Utility Water Enterprise Fund 266381 6 BEAUCHANE SHAWN AR Utility Water Enterprise Fund 1022144 5 UPS Postage Human Resources 1022206 5 UPS Postage Planning 7003 1 SQUARE Bank and Service Charges Community Center Admin 2,547,327 Grand Total City of Eden Prairie Purchasing Card Payment Report 3/19/2019 Check# Amount Supplier/Explanation Account Description Business Unit 6994 1,650 US-S Cranny training Conference/Training Workers Comp Insurance 6994 1,470 US-2019 SOTA conf Tuition Reimbursement/School Police Sworn 6994 1,387 US-life reimagined Special Event Fees Senior Center Programs 6994 1,373 US-Dec 2018 Bldg Surchgs Building Surcharge General Fund 6994 997 US-Pball nets Capital Under$25,000 Gymnasium(CC) 6994 950 US-Tyler conf-Dan Conference/Training IT Operating 6994 934 US-apple macbook Capital Under$25,000 Eden Prairie Players 6994 853 US-par tags for helmets Protective Clothing Fire 6994 850 US-software maint/renewal Software Maintenance IT Operating 6994 840 US-training-4 Conference/Training Inspections-Administration 6994 765 US-medicine balls/lights for z Capital Under$25,000 Fitness Classes 6994 729 US-software maint/renewal Software Maintenance IT Operating 6994 728 US-locked cabinet Licenses,Taxes,Fees Staring Lake Concert 6994 664 US-Arbor Day trees Landscape Materials/Supp Reforestation 6994 660 US-winter show royalty Other Contracted Services Winter Theatre 6994 645 US-training-3 Conference/Training Street Maintenance 6994 605 US-NLC conf Conference/Training City Council 6994 546 US-program trips Program Trips Outdoor Center 6994 544 US-program trips Program Trips Outdoor Center 6994 530 US-monthly billing Other Contracted Services Community Center Admin 6994 527 US-February Les Mills Licenses,Taxes,Fees Fitness Classes 6994 527 US-January Les Mills Licenses,Taxes,Fees Fitness Classes 6994 518 US-Lend me a tenor-10 tickets Special Event Fees Trips 6994 507 US-nat'l planning conf Conference/Training Heritage Preservation 6994 500 US-ballistic helmets Protective Clothing Police Sworn 6994 480 US-K Schmieg training Conference/Training Inspections-Administration 6994 480 US-J Undesser training Conference/Training Inspections-Administration 6994 480 US-K Kragness training Conference/Training Inspections-Administration 6994 480 US-station supplies Operating Supplies-Station sup Fire 6994 458 US-council meal Miscellaneous City Council 6994 450 US-IABC gld quill award Awards Communications 6994 450 US-brochure Printing Community Brochure 6994 439 US-gateway fees Bank and Service Charges Den Road Liquor Store 6994 433 US-rink 2 sound equip Capital Under$25,000 Ice Operations 6994 424 US-R Selness-PSAP lodging Tuition Reimbursement/School Police Sworn 6994 424 US-J Bahr-PSAP lodging Tuition Reimbursement/School Police Sworn 6994 413 US-Luke truck Equipment Parts Fleet Operating 6994 410 US-R Kapaun-human trafficking Tuition Reimbursement/School Police Sworn 6994 410 US-C Staff-human trafficking c Tuition Reimbursement/School Police Sworn 6994 410 US-R Davis-human trafficking c Tuition Reimbursement/School Police Sworn Check# Amount Supplier/Explanation Account Description Business Unit 6994 407 US-wristbands Operating Supplies Ice Operations 6994 385 US-retirement gifts-C Millard/ Employee Award Organizational Services 6994 385 US-S Cranny training Conference/Training Workers Comp Insurance 6994 383 US-Dec 2018 Bldg Surchgs Mechanical Surcharge General Fund 6994 377 US-sex trafficking conf-Davis Tuition Reimbursement/School Police Sworn 6994 377 US-sex trafficking conf-Kapaun Tuition Reimbursement/School Police Sworn 6994 377 US-sex trafficking conf-Staaf Tuition Reimbursement/School Police Sworn 6994 370 US-membership fee-C Suedbeck Dues&Subscriptions Human Resources 6994 360 US-rink 2 sound equip Capital Under$25,000 Ice Operations 6994 350 US-rashguards for swim inst Clothing&Uniforms Pool Lessons 6994 349 US-woman in command-Ficcadenti Tuition Reimbursement/School Police Sworn 6994 346 US-ryd lime Repair&Maint. Supplies Water Treatment 6994 342 US-LG recerts for staff Conference/Training Pool Operations 6994 332 US-new world conf-James Conference/Training IT Operating 6994 332 US-new world conf-Troy Conference/Training IT Operating 6994 330 US-CEAM conf-R Rue Conference/Training Engineering 6994 329 US-human trafficking investiga Tuition Reimbursement/School Police Sworn 6994 329 US-human trafficking investiga Tuition Reimbursement/School Police Sworn 6994 329 US-human trafficking investiga Tuition Reimbursement/School Police Sworn 6994 325 US-supplies Small Tools Emergency Preparedness 6994 325 US-fleet shop lighting repairs Equipment Repair&Maint Fleet Operating 6994 321 US-skate laces Operating Supplies Ice Lessons 6994 320 US-D Often training Conference/Training Inspections-Administration 6994 315 US-shop supplies Repair&Maint. Supplies Wasterwater Collection 6994 315 US-CEAM conf-P Sejkora Conference/Training Engineering 6994 315 US-CEAM conf-M Krause Conference/Training Engineering 6994 315 US-CEAM conf-C Schulze Conference/Training Engineering 6994 312 US-safety vests Safety Supplies Utility Operations-General 6994 300 US-training-P Bauer Conference/Training Utility Operations-General 6994 300 US-Tyler conf-Dan Conference/Training IT Operating 6994 298 US-saws for shop Small Tools Park Maintenance 6994 298 US-saws for shop Small Tools Street Maintenance 6994 297 US-vinyl flag Repair&Maint. Supplies Water Distribution 6994 287 US-R Geis juvenile conf Tuition Reimbursement/School Police Sworn 6994 287 US-B Dupont juvenile conf Tuition Reimbursement/School Police Sworn 6994 286 US-de-icer and cleaner Cleaning Supplies Water Treatment 6994 285 US-CAN AM conf-A Naumann Tuition Reimbursement/School Police Sworn 6994 284 US-IIMC regional Conference/Training City Clerk 6994 280 US-training Conference/Training Street Maintenance 6994 280 US-PSAP conf-2 Tuition Reimbursement/School Police Sworn 6994 268 US-MN IAAI conf-Svoboda Conference/Training Fire 6994 268 US-MN IAAI conf-Albers Conference/Training Fire 6994 268 US-cpr training Training Supplies Utility Operations-General 6994 266 US-LG recerts for staff Conference/Training Pool Operations Check# Amount Supplier/Explanation Account Description Business Unit 6994 263 US-gloves for evidence process Operating Supplies Police Sworn 6994 261 US-514/504 Equipment Parts Fleet Operating 6994 260 US-supplies for colorado equip Equipment Repair&Maint Pool Operations 6994 259 US-ice operations Operating Supplies Ice Operations 6994 257 US-department meeting-breakfas Miscellaneous Community Development Admin. 6994 253 US-council meal Miscellaneous City Council 6994 250 US-adaptive trip deposit Special Event Fees New Adaptive 6994 250 US-teen LIT trip Special Event Fees Teen Programs 6994 250 US-mentoring&coaching-Marshb Tuition Reimbursement/School Police Sworn 6994 246 US-armory supplies Training Supplies Police Sworn 6994 245 US-gateway fees Miscellaneous Prairie View Liquor Store 6994 243 US-lodging-R Slick Travel Expense Engineering 6994 238 US-ski masks Clothing&Uniforms Utility Operations-General 6994 234 US-playground camp supplies Operating Supplies Playgrounds 6994 230 US-pens for events Operating Supplies Wine Club/Events 6994 228 US-LG recerts for staff Conference/Training Pool Operations 6994 211 US-TV wall mounts Operating Supplies-Station sup Fire 6994 208 US-ipad cases Computers Utility Operations-General 6994 202 US-shelving cabinet Capital Under$25,000 Arts Center 6994 201 US-gateway fees Bank and Service Charges Prairie Village Liquor Store 6994 200 US-child abuse conf Tuition Reimbursement/School Police Sworn 6994 200 US-rec admin advertising Advertising Recreation Admin 6994 200 US-membership renewal Dues&Subscriptions Facilities Staff 6994 198 US-life reimagined Special Event Fees Senior Center Programs 6994 196 US-liners for art center Operating Supplies Arts Center 6994 195 US-shop supplies Repair&Maint. Supplies Water Distribution 6994 195 US-CFI application-Albers Dues&Sub-Cert&Licensing Fire 6994 190 US-lights/medicine balls Capital Under$25,000 Fitness Classes 6994 190 US-LG recerts for staff Conference/Training Pool Operations 6994 175 US-CAN AM narcotics conf-A Nau Tuition Reimbursement/School Police Sworn 6994 173 US-storage bins Operating Supplies Arts Center 6994 170 US-training interview Tuition Reimbursement/School Police Sworn 6994 169 US-shop tool Operating Supplies Park Maintenance 6994 165 US-warrants&affidavit writin Tuition Reimbursement/School Police Sworn 6994 165 US-money laundering Tuition Reimbursement/School Police Sworn 6994 165 US-ASE certification-P Schluet Conference/Training Fleet Operating 6994 164 US-café food Merchandise for Resale Concessions 6994 160 US-council meal Miscellaneous City Council 6994 160 US-chan trip Special Event Fees Trips 6994 160 US-T Enstad training Conference/Training Inspections-Administration 6994 160 US-quartermaster Operating Supplies Police Sworn 6994 159 US-lights Equipment Parts Fleet Operating 6994 156 US-safety jacket Safety Supplies Fleet Operating 6994 156 US-Dec 2018 Bldg Surchgs Plumbing Surcharge General Fund Check# Amount Supplier/Explanation Account Description Business Unit 6994 152 US-LG recerts for staff Conference/Training Pool Operations 6994 152 US-LG recerts for staff Conference/Training Pool Operations 6994 152 US-LG recerts for staff Conference/Training Pool Operations 6994 150 US-tools Small Tools Water Distribution 6994 150 US-electric license renewal Licenses,Taxes,Fees Park Maintenance 6994 150 US-electric license renewal Licenses,Taxes,Fees Park Maintenance 6994 150 US-death investigation-C Wood Tuition Reimbursement/School Police Sworn 6994 150 US-death investigation-R Davis Tuition Reimbursement/School Police Sworn 6994 150 US-death investigation-E Coy Tuition Reimbursement/School Police Sworn 6994 150 US-DNR water permits Licenses,Taxes,Fees Improvement Projects 2006 6994 145 US-training Conference/Training Street Maintenance 6994 145 US-training Conference/Training Street Maintenance 6994 145 US-training Conference/Training Street Maintenance 6994 144 US-dept photo frame Operating Supplies Police Sworn 6994 144 US-winter show costumes Clothing&Uniforms Winter Theatre 6994 144 US-program supplies Operating Supplies Outdoor Center 6994 142 US-shovels Small Tools Water Distribution 6994 140 US-MNDNR Wtr permits Licenses,Taxes,Fees Park Maintenance 6994 140 US-back pack sprayer Operating Supplies Park Maintenance 6994 139 US-supplies Operating Supplies Arts Center 6994 136 US-wellness program food Employee Award Organizational Services 6994 134 US-crime tech supply Operating Supplies Police Sworn 6994 134 US-K9 use of force Tuition Reimbursement/School Police Sworn 6994 132 US-replacement rope-dryland Capital Under$25,000 Fitness Classes 6994 130 US-health Dept license Licenses,Taxes,Fees Senior Center Programs 6994 129 US-supplies for café Operating Supplies Concessions 6994 126 US-Chief interviews Operating Supplies-Food Fire 6994 121 US-poker chips set Operating Supplies Senior Center Admin 6994 120 US-DP to DVI adaptors Operating Supplies IT Operating 6994 118 US-Friday night fun movie tick Special Event Fees New Adaptive 6994 118 US-power strips for PC rollout Operating Supplies IT Operating 6994 116 US-locks for lockers Merchandise for Resale Community Center Admin 6994 114 US-LG recerts for staff Conference/Training Pool Operations 6994 114 US-LG recerts for staff Conference/Training Pool Operations 6994 113 US-MASS conf Conference/Training Senior Center Admin 6994 112 US-shop tools Small Tools Wasterwater Collection 6994 109 US-tools for shop Small Tools Wasterwater Collection 6994 108 US-tree truck step Equipment Repair&Maint Park Maintenance 6994 106 US-green expo Conference/Training Park Maintenance 6994 105 US-G Weber CC Deposits Escrow 6994 104 US-Lend me a tenor-2 tickets Special Event Fees Trips 6994 101 US-café food Merchandise for Resale Concessions 6994 100 US-FBI LEEDA food Tuition Reimbursement/School Police Sworn 6994 100 US-R Case CC personal use-spou Deposits Escrow Check# Amount Supplier/Explanation Account Description Business Unit 6994 100 US-J Thompson 2019 MAAO dues Dues&Subscriptions Assessing 6994 100 US-J Sams 2019 MAAO dues Dues&Subscriptions Assessing 6994 100 US-J Carlson 2019 MAAO dues Dues&Subscriptions Assessing 6994 100 US-D Buswell 2019 MAAO dues Dues&Subscriptions Assessing 6994 100 US-J Pike 2019 MAAO dues Dues&Subscriptions Assessing 6994 100 US-A Swart 2019 MAAO dues Dues&Subscriptions Assessing 6994 100 US-IAAI dues-Albers Dues&Sub-Memberships Fire 6994 100 US-Buchanan IAAI dues Dues&Sub-Memberships Fire 6994 99 US-J Thompson-seminar Conference/Training Assessing 6994 99 US-supplies Operating Supplies Arts Center 6994 97 US-repair motor Small Tools Park Maintenance 6994 97 US-B Olmschenk CC Deposits Escrow 6994 90 US-green expo-Olmschenk/Schlue Conference/Training Fleet Operating 6994 90 US-training-2 Conference/Training Fire 6994 90 US-standard plan Other Contracted Services Fire 6994 90 US-teen trek trip deposit Special Event Fees Teen Programs 6994 88 US-supplies Operating Supplies Community Center Admin 6994 88 US-café food Merchandise for Resale Concessions 6994 88 US-fit floor supplies Operating Supplies Fitness Center 6994 86 US-records interview lunches Operating Supplies Police Sworn 6994 85 US-renewal Dues&Subscriptions Tree Disease 6994 85 US-hose for pressure washer Operating Supplies Traffic Signals 6994 84 US-restroom sign Office Supplies Arts Center 6994 84 US-access badges Operating Supplies Community Center Admin 6994 83 US-café food Merchandise for Resale Concessions 6994 82 US-studio supplies Office Supplies Arts Center 6994 81 US-backroom shelf Operating Supplies Prairie Village Liquor Store 6994 80 US-EMT-B initial E Anderson Dues&Sub-Cert&Licensing Fire 6994 76 US-Luke truck Equipment Parts Fleet Operating 6994 75 US-teen trek trip deposit Special Event Fees Teen Programs 6994 75 US-DMT refresher-L Perez Tuition Reimbursement/School Police Sworn 6994 75 US-DMT refresher-M Kucera Tuition Reimbursement/School Police Sworn 6994 75 US-DMT refresher-B Lindeman Tuition Reimbursement/School Police Sworn 6994 75 US-MACIA registration Tuition Reimbursement/School Police Sworn 6994 75 US-warrant writing-L Graetz Tuition Reimbursement/School Police Sworn 6994 75 US-usb 3.0 flash drive Computer-Accessories IT Operating 6994 74 US-WD-40 for supplies on truck Repair&Maint. Supplies Fire 6994 73 US-sex trafficking conf Tuition Reimbursement/School Police Sworn 6994 73 US-games-playcare Operating Supplies Day Care 6994 72 US-Cool Blocks for 14"jet Equipment Repair&Maint Senior Center Programs 6994 71 US-folgers coffee Operating Supplies Senior Center Admin 6994 70 US-K Carlson training Tuition Reimbursement/School Water Treatment 6994 68 US-shop supplies Repair&Maint. Supplies Wasterwater Collection 6994 68 US-supplies Operating Supplies Community Center Admin Check# Amount Supplier/Explanation Account Description Business Unit 6994 68 US-smart charger-514 and 504 Equipment Parts Fleet Operating 6994 68 US-sunshine fund-Stovring Deposits Escrow 6994 67 US-café food Merchandise for Resale Concessions 6994 66 US-supplies Operating Supplies Community Center Admin 6994 66 US-employee water Operating Supplies Den Road Liquor Store 6994 64 US-office chair wheels Office Supplies Fire 6994 64 US-kam jam sets Operating Supplies Lawn Games 6994 64 US-FBI LEEDA food Tuition Reimbursement/School Police Sworn 6994 63 US-crafts for playcare Operating Supplies Day Care 6994 60 US-dominoes set Operating Supplies Senior Center Admin 6994 60 US-café food Merchandise for Resale Concessions 6994 60 US-cpr/first aid Tuition Reimbursement/School Fitness Classes 6994 60 US-cpr/first aid Conference/Training Community Center Admin 6994 60 US-membership Dues&Subscriptions Engineering 6994 60 US-membership Dues&Subscriptions Engineering 6994 60 US-membership Dues&Subscriptions Engineering 6994 60 US-membership Dues&Subscriptions Engineering 6994 59 US-council intro meeting Miscellaneous City Council 6994 58 US-set decor Operating Supplies Theatre Initiative 6994 58 US-batteries/aux cords Operating Supplies Fitness Classes 6994 56 US-critter food Operating Supplies Outdoor Center 6994 56 US-FTO meals Operating Supplies Police Sworn 6994 56 US-fit floor supplies Operating Supplies Fitness Center 6994 55 US-playcare books Operating Supplies Day Care 6994 55 US-storage-comp forensics Computers-Hardware IT Operating 6994 55 US-training Conference/Training Fire 6994 53 US-café food Merchandise for Resale Concessions 6994 52 US-quartermaster Operating Supplies Police Sworn 6994 52 US-surveymonkey subscription Dues&Subscriptions Communications 6994 52 US-polishing pads Operating Supplies Arts Center 6994 51 US-critter food Operating Supplies Outdoor Center 6994 50 US-teen trek trip deposit Special Event Fees Teen Programs 6994 49 US-camera project Other Assets Capital Maint.&Reinvestment 6994 49 US-office supplies Operating Supplies Youth Programs Admin 6994 49 US-father/daughter dance Operating Supplies Special Events&Trips 6994 48 US-C#2019-00000618-food Operating Supplies Police Sworn 6994 48 US-Bosu fleet Operating Supplies Fitness Classes 6994 48 US-café food Merchandise for Resale Concessions 6994 47 US-Parking ticket-Kuffel Other Contracted Services Police Sworn 6994 45 US-WOA costumes Clothing&Uniforms Theatre Initiative 6994 45 US-I&I Repair&Maint. Supplies Wasterwater Collection 6994 45 US-class Conference/Training Fire 6994 45 US-Training-Bassett Conference/Training Fire 6994 43 US-marking wand Repair&Maint. Supplies Water Distribution Check# Amount Supplier/Explanation Account Description Business Unit 6994 43 US-winter show props Operating Supplies Winter Theatre 6994 42 US-employee water Operating Supplies Prairie View Liquor Store 6994 42 US-shop supplies Repair&Maint. Supplies Wasterwater Collection 6994 42 US-MSES dues-R Rue Dues&Subscriptions Engineering 6994 40 US-lunches for interviews Operating Supplies Police Sworn 6994 39 US-tennis supplies Operating Supplies Tennis 6994 38 US-critter food Operating Supplies Outdoor Center 6994 38 US-meeting food Operating Supplies-Food Fire 6994 37 US-pedometers for welcome bag Employee Award Organizational Services 6994 37 US-winter show costumes Clothing&Uniforms Winter Theatre 6994 37 US-lanyards Operating Supplies Arts Center 6994 37 US-FBI LEEDA food Tuition Reimbursement/School Police Sworn 6994 37 US-FBI LEEDA food Tuition Reimbursement/School Police Sworn 6994 36 US-employee water Operating Supplies Prairie Village Liquor Store 6994 35 US-program supplies Operating Supplies Outdoor Center 6994 35 US-MPSTMA annual dues-S Cole Dues&Subscriptions Park Maintenance 6994 35 US-red cross trng Conference/Training Pool Operations 6994 35 US-state of the city luncheon Miscellaneous Community Development Admin. 6994 35 US-café food Merchandise for Resale Concessions 6994 35 US-winter show costumes Clothing&Uniforms Winter Theatre 6994 34 US-winter blast Operating Supplies Skating Rinks/Warming Houses 6994 34 US-club 204 supplies Operating Supplies New Adaptive 6994 34 US-café food Merchandise for Resale Concessions 6994 34 US-playcare books Operating Supplies Day Care 6994 34 US-wall mount for tv-water pla Operating Supplies IT Operating 6994 34 US-critter food Operating Supplies Outdoor Center 6994 33 US-book for classes Operating Supplies Arts Center 6994 32 US-happy hour series Operating Supplies Arts Center 6994 32 US-ipad charger Computers Utility Operations-General 6994 32 US-batteries Repair&Maint. Supplies Water Treatment 6994 32 US-restroom sign Office Supplies Arts Center 6994 32 US-critter food Operating Supplies Outdoor Center 6994 31 US-shop supplies Repair&Maint. Supplies Wasterwater Collection 6994 30 US-cpr/first aid Conference/Training Community Center Admin 6994 30 US-cpr/first aid Conference/Training Day Care 6994 30 US-cpr/first aid Tuition Reimbursement/School Fitness Classes 6994 30 US-dispatch notary Dues&Subscriptions Police Sworn 6994 30 US-CSO interviews Operating Supplies Police Sworn 6994 30 US-iphone mounts-PD squads Operating Supplies IT Operating 6994 29 US-FBI LEEDA food Tuition Reimbursement/School Police Sworn 6994 29 US-cookies-council dinner Miscellaneous City Council 6994 29 US-Microsoft Azure-recurring c Other Contracted Services Fire 6994 28 US-dustpan/brush Operating Supplies Arts Center 6994 28 US-step stool Office Supplies Arts Center Check# Amount Supplier/Explanation Account Description Business Unit 6994 28 US-winter show costumes Clothing&Uniforms Winter Theatre 6994 28 US-supplies Operating Supplies Special Events&Trips 6994 28 US-hand warmers-broomball offi Operating Supplies Broomball 6994 26 US-program supplies Operating Supplies Outdoor Center 6994 26 US-café food Merchandise for Resale Concessions 6994 26 US-records interviews food Operating Supplies Police Sworn 6994 26 US-Buchanan IAAI dues Dues&Sub-Memberships Fire 6994 26 US-Albers IAAI dues Dues&Sub-Memberships Fire 6994 26 US-MN IAAI conf-Svoboda Dues&Sub-Memberships Fire 6994 26 US-winter show costumes Clothing&Uniforms Winter Theatre 6994 26 US-office folders Office Supplies Fire 6994 25 US-NIBRS-C Munoz Tuition Reimbursement/School Police Sworn 6994 25 US-crime tech assn-Williamson Dues&Subscriptions Police Sworn 6994 25 US-washing machine fill hose Repair&Maint. Supplies Utility Operations-General 6994 24 US-ice auger blades Operating Supplies Park Maintenance 6994 24 US-critter food Operating Supplies Outdoor Center 6994 24 US-splash pad supplies Operating Supplies Round Lake 6994 24 US-winter show costumes Clothing&Uniforms Winter Theatre 6994 23 US-elmers glue Operating Supplies Arts Center 6994 23 US-file folders Office Supplies Police Sworn 6994 23 US-S Bohnsack CC Deposits Escrow 6994 22 US-headphones-pauline-PD Operating Supplies IT Operating 6994 22 US-supplies Operating Supplies Arts Center 6994 21 US-armory supplies Training Supplies Police Sworn 6994 21 US-hinge Repair&Maint. Supplies Wasterwater Collection 6994 21 US-Tyler conf-Dan Conference/Training IT Operating 6994 21 US-pop/office supplies Operating Supplies Senior Center Admin 6994 21 US-café food Merchandise for Resale Concessions 6994 20 US-dog license CC fees Bank and Service Charges Customer Service 6994 20 US-winter show costumes Clothing&Uniforms Winter Theatre 6994 20 US-push pins Operating Supplies Arts Center 6994 20 US-ice operating supplies Operating Supplies Ice Operations 6994 20 US-epermit web security Software Maintenance IT Operating 6994 19 US-senior cake Operating Supplies Fitness Classes 6994 19 US-bob peterson retirement Employee Award Organizational Services 6994 19 US-replacement mouse-Jenna-PD Computer-Accessories IT Operating 6994 19 US-program supplies Operating Supplies Outdoor Center 6994 18 US-coffee for meeting Miscellaneous Athletic Programs Admin 6994 18 US-winter show costumes Clothing&Uniforms Winter Theatre 6994 18 US-playcare books Operating Supplies Day Care 6994 18 US-café food Merchandise for Resale Concessions 6994 18 US-water for council Repair&Maint. Supplies City Hall(City Cost) 6994 17 US-30 day nutrition presentati Operating Supplies Fitness Classes 6994 17 US-winter show costumes Clothing&Uniforms Winter Theatre Check# Amount Supplier/Explanation Account Description Business Unit 6994 17 US-parking for training Mileage&Parking Street Maintenance 6994 16 US-music for classes Operating Supplies Pool Operations 6994 16 US-diapers Operating Supplies Day Care 6994 16 US-FBI LEEDA food Tuition Reimbursement/School Police Sworn 6994 15 US-café food Merchandise for Resale Concessions 6994 15 US-lake aerators Operating Supplies Park Maintenance 6994 15 US-green expo Conference/Training Park Maintenance 6994 15 US-EMT recertification Tuition Reimbursement/School Police Sworn 6994 14 US-parking Mileage&Parking Park Maintenance 6994 14 US-reserve calendar Operating Supplies Volunteers 6994 14 US-stop watches for officials Operating Supplies Broomball 6994 13 US-program supplies Operating Supplies Outdoor Center 6994 13 US-father/daughter dance Operating Supplies Special Events&Trips 6994 13 US-winter show costumes Clothing&Uniforms Winter Theatre 6994 13 US-cookies/bar-council Miscellaneous City Council 6994 12 US-winter blast Operating Supplies Skating Rinks/Warming Houses 6994 12 US-father/daughter dance Operating Supplies Special Events&Trips 6994 12 US-café food Merchandise for Resale Concessions 6994 12 US-30 day nutrition presentati Operating Supplies Fitness Classes 6994 12 US-father/daughter dance Operating Supplies Special Events&Trips 6994 11 US-chair leg caps Operating Supplies Arts Center 6994 11 US-parking Mileage&Parking Park Maintenance 6994 11 US-winter show costumes Clothing&Uniforms Winter Theatre 6994 11 US-annual H2o use report Postage Water Treatment 6994 11 US-tool bag Repair&Maint. Supplies Water Distribution 6994 10 US-café food Merchandise for Resale Concessions 6994 10 US-cleaners Operating Supplies Arts Center 6994 10 US-parking Mileage&Parking Park Maintenance 6994 10 US-parking at state chamber Mileage&Parking Administration 6994 10 US-playcare books Operating Supplies Day Care 6994 10 US-winter show costumes Clothing&Uniforms Winter Theatre 6994 10 US-map gas Repair&Maint. Supplies Water Distribution 6994 10 US-café food Merchandise for Resale Concessions 6994 9 US-coffee for meeting Miscellaneous Athletic Programs Admin 6994 9 US-expo parking Mileage&Parking Park Maintenance 6994 9 US-expo parking Mileage&Parking Park Maintenance 6994 9 US-colorado equip supplies Equipment Repair&Maint Pool Operations 6994 9 US-net height measurer Operating Supplies Athletic Programs Admin 6994 8 US-winter show costumes Clothing&Uniforms Winter Theatre 6994 8 US-parking for expo Conference/Training Fleet Operating 6994 8 US-winter show costumes Clothing&Uniforms Winter Theatre 6994 7 US-café food Merchandise for Resale Concessions 6994 7 US-dry erase markers Office Supplies Police Sworn 6994 5 US-ice operating supplies Operating Supplies Ice Operations Check# Amount Supplier/Explanation Account Description Business Unit 6994 5 US-father/daughter dance Operating Supplies Special Events&Trips 6994 5 US-winter show costumes Clothing&Uniforms Winter Theatre 6994 5 US-FBI LEEDA food Tuition Reimbursement/School Police Sworn 6994 5 US-PD license tab renewal Licenses,Taxes,Fees Fleet Operating 6994 5 US-PD license tab renewal Licenses,Taxes,Fees Fleet Operating 6994 4 US-supplies Operating Supplies Arts Center 6994 3 US-father/daughter dance Operating Supplies Special Events&Trips 6994 2 US-program supplies Operating Supplies Outdoor Center 6994 1 US-canva photo Other Contracted Services Communications 6994 -8 US-refund Merchandise for Resale Community Center Admin 6994 -10 US-refund Operating Supplies Arts Center 6994 -23 US-S Bohnsack CC Deposits Escrow 6994 -32 US-refund Operating Supplies Arts Center 6994 -38 US-Dec 2018 Bldg Surchgs Other Revenue General Fund 6994 -50 US-refund Tuition Reimbursement/School Police Sworn 6994 -97 US-B Olmschenk CC Deposits Escrow 6994 -105 US-G Weber CC Deposits Escrow 6994 -173 US-L1 duplicate fees Accounts Receivable Prairie Village Liquor Store 6994 -242 US-L3 duplicate fees Accounts Receivable Prairie View Liquor Store 6994 -383 US-L2 duplicate fees Accounts Receivable Den Road Liquor Store 6994 -695 US-refund-FBI LEEDA Tuition Reimbursement/School Police Sworn 6994 63,237 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Report of Parks and Recreation Director March 19, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Jay Lotthammer, Director, Accept Bids and Award Contract to Ebert XIV.D.1. Parks and Recreation Construction for the Staring Lake Park Pavilion Project Requested Action Move to: Accept the base bid and alternates 1 & 2 and authorize entering into a contract with Ebert Construction for the construction of Staring Lake Pavilion project. Synopsis Bids were publically advertised and opened on March 7, 2019. Bids were received from four contractors and ranged in price from $1,506,300.00 to $2,037,000.00. The lowest responsible bid for the base bid and when alternates are considered is Ebert Construction. This contractor has successfully completed similar projects and staff that has worked with this contractor has been very pleased with their capabilities and quality of work. The Base Bid($1,367,000.00) consists of demolition and removal of the old park building. A new park building will then be constructed with additional improvements being made to the landscaping and parking lot. Alternate 1 —Picnic Shelter($123,000.00) consists of construction of a new picnic pavilion adjacent to the new park building. Alternate 2—Storm Sewer($16,300.00) consists of additional stormwater management features to treat stormwater for the entire park building parking lot. These features would exceed the stormwater management requirements for the project and are being considered for funding by the Riley, Purgatory, Bluff Creek Watershed District. Background City staff had budgeted for the replacement of the Staring Lake Park building in 2018. After hearing from many residents and the Southwest Pickleball Association, Council directed staff to shift a portion of the budgeted dollars to construct pickleball courts at Staring Lake Park and delay the reconstruction of the park building. During the Capital Improvement Plan process, staff budgeted$950,000 for the park building and additional funds for the parking lot to be completed in 2019. Professional service agreements were entered into with DSO Architecture for the park shelter reconstruction design and HTPO for coordinating with DSO to design the utility and site work outside of the building footprint. Staff and the consultants recommend awarding the base bid and alternates 1 & 2 and entering into a contract with Ebert Construction. Funds for the building are from the Park Improvement Fund, A Hennepin County grant($57,750.00) and the potential for a contribution from the Watershed District. Bid Results Alternate 1- Alternate 2 - Contractor Name: Base Bid shelter Storm Sewer Total Ebert Construction 1,367,000.00 123,000.00 16,300.00 1,506,300.00 J. S. Cates Construction, Inc 1,830,000.00 104,000.00 103,000.00 2,037,000.00 K.A. Witt Construction Inc. 1,457,000.00 129,000.00 14,750.00 1,600,750.00 Ram General Contracting, Inc. 1,548,000.00 120,900.00 15,700.00 1,684,600.00 Attachment Form of Contract with Ebert Construction SHORT FORM CONSTRUCTION CONTRACT THIS AGREEMENT, made and executed this 19th day of March, 2019, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Ebert Construction,hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Parks and Recreation Department referred to in Paragraph IV, as provided by the CITY for: I.C. Construction of Staring Lake Pavilion Project CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $1,506,300. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders b. Proposal Form c. Construction Short Form Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE By Its City Mayor By Its City Manager CONTRACTOR In Presence Of: By Its Its