Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
City Council - 04/16/2019
AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,APRIL 16, 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. EDEN PRAIRIE CHAMBER OF COMMERCE 50TH ANNIVERSARY PROCLAMATION B. TELECOMMUNICATORS WEEK PROCLAMATION C. ARBOR DAY PROCLAMATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY,APRIL 2, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 2, 2019 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE FIRST AND SECOND READING OF AN ORDINANCE AMENDING CITY CODE CHAPTER 9 RELATING TO BURGLAR, ROBBERY AND SAFETY ALARMS AND ADOPT RESOLUTION APPROVING SUMMARY ORDINANCE C. ADOPT RESOLUTION APPROVING LOCAL FAIR HOUSING POLICY CITY COUNCIL AGENDA April 16, 2019 Page 2 D. AWARD CONTRACT TO CENTRAL ROOFING COMPANY FOR UTILITIES GARAGE ROOF REPLACEMENT E. APPROVE 2018 UNBUDGETED FUND TRANSFERS F. APPROVE AGREEMENT WITH GOODPOINTE TECHNOLOGY FOR PAVEMENT EVALUATION SERVICES G. ADOPT RESOLUTION APPROVING WORK ORDER WO1 WITH MNDOT H. APPROVE AGREEMENT WITH SRF FOR WEST 62ND STREET IMPROVEMENTS I. APPROVE AGREEMENT WITH SRF FOR WEST 70TH STREET IMPROVEMENTS J. AWARD CONTRACT TO WARNING LITES FOR 2019 STREET STRIPING K. AWARD CONTRACT TO FORD OF HIBBING TO PURCHASE A NEW 2019 FORD F-150 RESPONDER 4X4 PICKUP L. APPROVE AMENDMENT TO AGREEMENT WITH BSI FOR HIDDEN PONDS WATER TOWER RECONDITIONING M. APPROVE CONTRACT WITH R&H PAINTING FOR MANHOLE REPAIRS AND LINING N. APPROVE AGREEMENT WITH HTPO FOR CONSTRUCTION INSPECTION SERVICES FOR STARING LAKE BUILDING PROJECT O. APPROVE CONTRACT WITH ODESSA II FOR PAVERS INSTALLATION AT COMMUNITY CENTER P. APPROVE CONTRACT WITH GREEN ACRES FOR STARING LAKE PARK IRRIGATION PROJECT Q. DECLARE PROPERTY AS ABANDONED R. AWARD CONTRACT TO DAVIS MOTORSPORTS FOR PURCHASE OF NEW 2019 POLARIS RANGER XP-1000 UTILITY VEHICLE IX. PUBLIC HEARINGS/MEETINGS A. APPLICATION TO DEPARTMENT OF EMPLOYMENT AND ECONOMIC CITY COUNCIL AGENDA April 16, 2019 Page 3 DEVELOPMENT'S MINNESOTA INVESTMENT FUND FOR SHADIN AVIONICS,INC. (Resolution) B. VACATION OF THOMFORDE TRAIL (Resolution) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS,AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ITEM NO.: IV.A. I rottamatton City of Eden Prairie Hennepin County, Minnesota WHEREAS, the Eden Prairie Chamber of Commerce provides opportunities for community leadership, acts as an advocate for commerce, and promotes community growth and development; and WHEREAS, the Eden Prairie Chamber of Commerce has more than 400 members and represents more than 34,000 area employees; and WHEREAS, the Eden Prairie Chamber of Commerce was the first Chamber in the nation to develop a future leaders/student membership program for high school seniors; and WHEREAS, the Eden Prairie Chamber has strengthened our business community, advocated on behalf of our local businesses and works to provide leadership opportunities, connect businesses, help businesses grow and be successful; and WHEREAS, the Eden Prairie Chamber of Commerce is the first Chamber in the state to organize a trade mission to China that included city and school leaders; and WHEREAS, the Eden Prairie Chamber of Commerce works on behalf of businesses with national, state and local government and area schools on issues key to business success; and WHEREAS, the Eden Prairie Chamber of Commerce was founded in 1969. NOW, THEREFORE, the Eden Prairie City Council does hereby congratulate the Eden Prairie Chamber of Commerce on the celebration of its 50th anniversary in 2019. ADOPTED by the Eden Prairie City Council on April 16, 2019. Ronald A. Case, Mayor PROCLAMATION ITEM NO.: IV.B. City of Eden Prairie Hennepin County, Minnesota WHEREAS, emergencies can occur at times which require police, fire, and/or emergency medical services; and WHEREAS, when an emergency occurs, the prompt response of law enforcement, firefighters, and paramedics is critical to the protection of life and preservation of property; and WHEREAS, professional telecommunicators are a vital link for our law enforcement officers, firefighters, and emergency medical services by monitoring their activities by radio, providing up-to-date information and ensuring their safety; and WHEREAS, professional telecommunicators are not as visible as those who arrive at the scene of emergencies; and WHEREAS, telecommunicators exhibit compassion, understanding, and professionalism during the performance of their jobs; and WHEREAS, the City of Eden Prairie Public Safety Answering Point has operated non- stop since September 17, 1990. NOW, THEREFORE, BE IT RESOLVED, the Eden Prairie City Council does hereby declare April 14-20, 2019 as National Public Safety Telecommunicators Week in the City of Eden Prairie in honor and recognition of our telecommunicators and the vital contributions they make to the safety and well-being of our residents. ADOPTED by the Eden Prairie City Council on April 16, 2019. Ronald A. Case, Mayor City of Eden Prairie ITEM NO.: IV.C. PROCLAMATION ARBOR DAY - April 26, 2019 WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day,was first observed with the planting of more than a million trees; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air,produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for homes, fuel for our fires and countless other wood products; and WHEREAS,trees, whenever they are planted, are a source of joy and spiritual renewal; and WHEREAS, Eden Prairie has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree stewardship and tree planting ways. NOW, THEREFORE, I, Ron Case, Mayor of the City of Eden Prairie, Minnesota, do hereby proclaim April 26th, 2019, as Arbor Day in the City of Eden Prairie, and urge all citizens to support efforts to protect our trees and woodlands and to support our City's urban forestry program; and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well-being of present and future generations. ADOPTED by the Eden Prairie City Council on April 16, 2019. Ronald A. Case, Mayor UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY,APRIL 2, 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, Fire Chief Scott Gerber, 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. SUSTAINABLE EDEN PRAIRIE City Manager Getschow stated this is the third update on Sustainable Eden Prairie. At the goal setting session, the Council identified desired goals and focus areas for the initiative. Sustainability Specialist Lundgren provided on overview of the sustainable practices: energy, landscape, waste, and water. In regards to education and outreach, the City website encompasses the upcoming events and informational guides for residents. Council Member Nelson inquired what kinds of questions the City gets on the Sustainable Eden Prairie topics. Lundgren responded some of the common questions are asking when events are happening and where residents can drop off large items for garbage or recycling. Lundgren stated the quarterly"Life in the Prairie"newsletter update highlights sustainability articles in every issue with links to the website for more information. The City also uses email and text messaging,Nextdoor, Facebook, and Twitter for education and outreach. Annually Sustainable Eden Prairie awards are presented at a City Council meeting. The City conducts youth education and engagement through the environmental learning center and water treatment plant tour, the Outdoor Center, and work with the iMatter student group. Volunteer programs are also available such as storm drain marking, adopt-a-street, and Wetland Health Evaluation Program (WHEP). Lundgren provided an overview of the landscape focus area. Rebates are offered for landscaping to improve water quality, with 9 single family homes and 1 home owners association participating in 2018. To date, 15.5 acres of City land has been converted into native landscaping. Hennepin County awarded the City a Healthy Canopy Tree Grant to City Council Workshop Minutes April 2, 2019 Page 2 replace Emerald Ash Borer(EAB) infected trees, treat ash trees, and assist in the removal of public ash trees by funding stump removal equipment. The Minnesota Urban Forest Credit Program would aim to preserve the tree canopy through monetizing carbon sequestration. Aho inquired if EAB was eliminated after the cold winter. Parks and Recreation Director Lotthammer stated it may be less, but the entire population is unlikely to be eliminated. Lundgren stated in regards to water usage, the City has already met the Metropolitan Council goal of 75 gallons per capita per day(gpcpd). Mayor Case inquired what the plan is to continue to meet those goals. Lundgren stated the following slides will address that. Council Member Aho inquired about the data related to the increase in population and water usage. Public Works Director Ellis stated the highest water usage documented was in 2006. Water usage in the winter is down 10 percent from 2006. This can be attributed to both high efficiency technology and habits. Aho inquired if the City is equipped to handle increases in population and water use. Ellis stated the water treatment plant is equipped, and the construction of the ground storage reservoir will equip the City for water storage. The need would be for three to four additional wells. Lundgren stated there is additional data on aquaphor standings increasing. Case inquired how long those numbers have increased. Ellis replied there has been a three year upward trend. Lundgren stated the updated water conservation rebates, effective March 31, 2019, encourage efficient wifi enabled smart controlled irrigation systems. The changes in rebates are due to greater availability in energy efficient appliances. In regards to waste initiatives, the City hosts the annual Community Clean Up Day. Case inquired if this will no longer be offered without hauler interest. Lundgren stated due to hauler concerns of increased workers compensation claims from these events, it will likely not continue. Lundgren stated the City yard waste site is on track to open spring of 2020. Getschow added there will be a public neighborhood meeting to discuss details, and the mailer will be sent out this week. Ellis added the meeting will take place April 15. Lundgren stated the City completed the Solid Waste Management Plan January of 2019 and it is now being implemented. In regards to energy initiatives, the Energy Action Team met in November to set goals for 2019. The focus areas of the Energy Action Plan are residential energy, large commercial and industrial energy users, and public, nonprofit, and service organizations. The City recently graduated from Partners in Energy. Upcoming efforts for the Energy Action Plan include Home Energy Squad visit discounts, a renewable energy challenge, iMatter workshop, business engagement and outreach. The City is also looking into purchasing electric fleet vehicles. The City is also part of SolSmart and will be earning the gold designation by the end of 2019. City Council Workshop Minutes April 2, 2019 Page 3 Council Member Narayanan inquired if Staff can encourage the mall to also have a charging station. Getschow noted the mall is privately owned,but it can be encouraged. Narayanan stated a focus on energy and water would be beneficial. The City should recognize residents who are doing well in these areas. Additionally,Narayanan inquired if the Council can encourage more efficiencies in new construction projects. Getschow noted there currently are no City codes that require specific sustainability components. Nelson stated instead of mandating sustainability components the City should consider acknowledging developments in a sustainability award that they can use in advertisements for their development. Case added if Council Members have additional thoughts, send those to the city manager. Open Podium - Council Chamber (6:30) II. OPEN PODIUM A. BARBARA BUCKNER& OLINDA FLORO—CONCERNS WITH PRIVATE 5G WIRELESS NETWORK DEPLOYMENT Barbara Buckner, 8453 Courtland Road, stated she has concerns about the private 5G wireless roll out. She cited professional studies noting health concerns. Health practitioners have not been a part of the roll out task force. With the 5G technologies, no one will be able to escape the transmissions. Buckner requests the private companies conduct a health and risk assessment, support the right to self-determination, and conduct further research of the implications. Aho stated as someone who is in engineering and information technology industries he understands the benefits 5G could provide in terms of technology. He would like to be more informed on the health implications. Case stated he also encourage residents to reach out to local representatives. Narayanan added as someone who is also in the information technology field he acknowledges more research is needed. Olinda Floro, 9198 Staring Lane East, a health practitioner, stated there are many symptoms that could go unnoticed and many are exhibiting these symptoms due to emissions. In her field she has suggested turning off wifi in the home and people have reported getting better sleep. III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY,APRIL 2, 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, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. EDEN PRAIRIE COMMUNITY CENTER AWARDS PRESENTATION Lotthammer introduced Valerie Verley, Community Center Manager. Verley said the Eden Prairie Community Center has received three of the Sun Current Readers' Choice Awards for 2018: Best Recreational Center; Best Fitness Center; and Best Indoor Waterpark. She noted the award winners are selected by a survey of Sun Current readers during a six-week voting period. She said they are very honored to receive the awards, and noted the Community Center serves those who are six months old up to 100 years old and provides something for everyone. Aho commented this is a great set of awards, and he can verify the Community Center is a great place to work out. Nelson commented the Community Center staff helps make it a fun place. Narayanan noted his sister, visiting from Canada, was very impressed by her visit to the Community Center. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Aho moved, seconded by Freiberg, to approve the agenda as published. Motion carried 5-0. CITY COUNCIL MINUTES April 2, 2019 Page 2 VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 19, 2019 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 19, 2019 MOTION: Narayanan moved, seconded by Nelson, to approve the minutes of the City Council workshop held Tuesday, March 19, 2019, and the minutes of the City Council meetings held Tuesday, March 19, 2019, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. STABLE PATH by Wooddale Builders. Second Reading of Ordinance 8-2019 for PUD District Review with Waivers and Zoning District Change from Rural to R1-9.5 on 5.9 acres (Ordinance No. 8-2019 for PUD District/Zoning Change) C. EXTENSION OF ABRA AUTO BODY APPROVALS by City of Eden Prairie. First and Second Reading of Ordinance 9-2019 extending prior approvals for Abra Auto Body(Ordinance No. 9-2019) D. ADOPT RESOLUTION NO. 2019-45 APPROVING STABLE PATH FINAL PLAT E. ADOPT RESOLUTION NO. 2019-46 APPROVING APPRAISAL VALUES AND AUTHORIZING PROPERTY ACQUISITION RELATED TO TOWN CENTER STATION PROJECT F. AWARD CONTRACT TO CASTRO CLEANING LLC. FOR ANNUAL CLEANING SERVICES AT WATER TREATMENT PLANT G. APPROVE WORK ORDER WO1 UNDER MASTER PARTNERSHIP CONTRACT WITH MNDOT H. AWARD CONTRACT TO AVR INC. FOR 2019 CONCRETE SUPPLY I. AWARD CONTRACT TO ALLIED BLACKTOP COMPANY FOR INSTALLATION OF CRACKSEALANT J. AWARD CONTRACT TO CREATE CONSTRUCTION, LLC FOR 2019 SIDEWALK IMPROVEMENTS CITY COUNCIL MINUTES April 2, 2019 Page 3 K. AWARD CONTRACT TO MINNESOTA ROADWAYS COMPANY FOR DELL ROAD TRAIL REHAB PROJECT L. APPROVE SERVICE AGREEMENT WITH WATERGUARDS FOR CONDUCTING WATERCRAFT INSPECTIONS M. APPROVE COOPERATIVE AGREEMENT WITH RPBCWD FOR LOWER RILEY CREEK RESTORATION PROJECT N. DECLARE EQUIPMENT AS SURPLUS O. AWARD CONTRACT FOR THE GARDEN ROOM FOOD SERVICES TO SMOKIN HOTTDISH,LLC. P. APPROVE ENTERPRISE AGREEMENT TO RENEW MICROSOFT LICENSES PURCHASE THROUGH SHI Q. APPROVE GEO DECK SETTLEMENT FOR STARING LAKE PARK AMPHITHEATER R. APPROVE EDEN PRAIRIE COMMUNITY CENTER PAVER PURCHASE S. APPROVE NATIVE CONVERSION SITE MAINTENANCE AGREEMENT MOTION: Nelson moved, seconded by Aho, to approve Items A-S on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. BEVERLY HILL by Great Oaks 2nd, LLC. First reading of an ordinance for Zoning District change from Rural to R1-9.5 on 6.86 acres; Resolution 2019-47 for Preliminary Plat on 6.86 acres (Ordinance Zoning Change; Resolution No. 2019- 47 Preliminary Plat) Getschow said the applicant is requesting a rezoning and preliminary plat for 17 detached, single-family residential lots to be known as Beverly Hill. The site is approximately 6.8 acres and consists of two existing single-family residences and accessory buildings. The site is located directly north of the Reeder Ridge development and west of The Meadows at Riley Creek and has frontage on both Beverly Drive and Eden Prairie Road. He noted a neighbor who submitted a letter about the project requested his letter be included in the Council packet. John Anderson, Project Manager, gave a PowerPoint presentation about the project. He said they plan to develop 17 single family lots on the property, which currently has one larger property to the west with a single family home and an outbuilding and a second, smaller property with a single family home. There will be two outlots, one CITY COUNCIL MINUTES April 2, 2019 Page 4 on the northwest corner and one on the east, both of which will be used for stormwater ponding. They were able to save quite a few trees on the property and will replace over 100 trees on the site. There will be a tree buffer between the cul- de-sac and the lots on Eden Prairie Road. There will be a sidewalk between Lots 3 and 4 that connects to Prospect Road. Aho commented there were some concerns in the past about costs of development on this site because of the variance in heights. He asked what they will have to do in terms of moving dirt. Mr. Anderson explained the previous layout showed a through road stubbing to the north rather than having a cul-de-sac, and the previous configuration would have required a substantial grade change. He noted having the cul-de-sac has kept the original views and the tree buffer along Eden Prairie Road. Aho thought this design is a great solution that will save money and trees as well as providing a good design. Narayanan asked if the homes along Eden Prairie Road will increase the traffic on that road. Mr. Anderson noted there will be two additional driveway access points on Eden Prairie Road. Narayanan commented it was a good idea to keep the trees because of the specific design. He asked if they are incorporating any energy efficiencies in the project. Mr. Anderson replied there will be a lot of specific options for the single family home buyers to select if they want. The sidewalk to the northwest enhances walkability in the neighborhood. Narayanan asked if neighbors have expressed any concerns about the project. Mr. Anderson responded they had a neighborhood meeting a few weeks ago, and questions were raised about traffic as were questions about access from the cul-de- sac. He said the streets are designed to handle extra traffic. Narayanan asked if there is any concern about closing the stub for Prospect Road. Mr. Anderson replied they have no plans to connect the cul-de-sac to Prospect Road. Ellis said they have looked at options for an east-west connection that staff feels we need, and he has some exhibits to show the Council. Case suggested he wait to show those until after the public hearing has been held. Nelson commented there are a lot of two story homes in Eden Prairie but not enough of them have a first floor master suite. She asked if they are going to ensure a lot of the two-story homes in the project have a first floor master suite. Mr. Anderson replied there is customization of the homes by individuals, and they have seen more buyers looking at that option. Nelson thought there are designs that would allow for a first floor bedroom that could be used as a master bedroom at some point. We have a real problem with homes that don't have first floor master bedrooms, and we need to add such homes to our housing stock so we get the kind of homes people can live in at all stages of life. Nelson asked if they will have water-sensor sprinklers. Mr. Anderson replied they will. Nelson asked if they are encouraging an option for solar energy. Mr. Anderson CITY COUNCIL MINUTES April 2, 2019 Page 5 said they have not had discussions with buyers about that. Nelson thought it made sense to have the ability to add solar, especially in this income category. Freiberg reviewed the landscaping plan and asked if the two 54-foot heritage trees to be removed are in such a place as to have no other options. Mr. Anderson replied those trees are on Lots 15 and 16 and could not be saved. He noted they changed the grade in order to save one other tree. Freiberg asked what size trees will be used to replace the 108 inches of trees. Mr. Anderson replied they will have 3 to 4-inch diameter trees that will be about eight feet tall. Nelson asked if the driveways for the two lots onto Eden Prairie Road will be such that cars can back up in the driveway and exit head first onto that road. She thought it is fairly important for those lots to have a turn-around area because of the access onto Eden Prairie Road. Mr. Anderson said they will talk to the engineer and look into how that could be done. There were no comments from the audience. MOTION: Aho moved, seconded by Nelson, to close the public hearing. Motion carried 5-0. Case noted several Council Members have complimented the project. He was pleased that the NURP ponds will be under City control because that has been an issue in the past. He thought the proponent has done a really good job of saving the trees, and it is good to hear some of the things the City Council has been concerned about over the decades come back around. He thought the sidewalk connection was great. Case commented it is really great when we, as individual Council Members, speak our thoughts. That is somewhat different from when we all agree on a direction to give staff. We need to look for consensus on specific directions we give about a development. Pricing is sometimes expressed as a concern; however, he believed it is up to the market to drive that. We have had projects that didn't work at a particular price range, and those projects have been reconfigured and brought back through the process. It is not up to the City Council to decide what the market will sustain. He said he will try to be clear in those cases where we give direction to staff about a development and will invite the Council Members to express their consensus about a particular direction to staff Nelson said she would want to direct staff to look at Lots 15 and 16 and include in the design the opportunity for cars to turn around for exit onto Eden Prairie Road. That is important. The other Council Members agreed. Aho commented this looks like a nice project. They have done a great job of crafting the site in terms of keeping trees, keeping the soils on site, and managing the elevations, all of which makes the project work. CITY COUNCIL MINUTES April 2, 2019 Page 6 Case commented there may be a safety issue with the road system in that large a neighborhood with only one road in and out. We need to look at a road system that provides another way out other than Beverly Drive. He would like to know what the alternatives are for another way out for the neighborhood. Ellis said there will be a lot of traffic on Beverly Drive, and there are three options to add another east/west connection. He showed a slide with the three options: Cirrus Way, currently a quasi-road on the MAC property that has steep grades; Prospect Road, which has serious topography challenges; or Cirrus Way coming off Sky Lane and curving down to Eden Prairie Road, which has a more similar elevation. He noted the option chosen will depend on future development in the area. This development does not prohibit another east/west road. Case asked Mr. Ellis to discuss the areas that would be affected by the additional road. Ellis replied there is possible development along Cirrus Way to the north of this project. The MAC protection zone, where there can be no development, is on the north as well. Nelson asked if the MAC potentially would allow us to put in a road. Ellis replied he would assume that; however, there are better alternatives because of the safety issue. The MAC was assigned an assessment for future potential development at the hearing for the Eden Prairie Road assessments. Aho said the last Joint Advisory Zoning Board(JAZB) meeting will be held on April 10, and the group could discuss the possibilities for the road at that meeting. MOTION: Aho moved, seconded by Freiberg, to approve first reading of the ordinance for Zoning District change from Rural to R1-9.5 on 6.86 acres, to adopt Resolution 2019-47 for a preliminary plat of two lots into seventeen lots and two outlots on 6.86 acres, and to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions. Case noted the condition about the driveway turn-around or some means of making a safe entry onto Eden Prairie Road should be included as part of the motion. VOTE ON THE MOTION: Motion carried 5-0. B. MODIFY THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO. 5,ESTABLISH TAX INCREMENT FINANCING DISTRICT 23,AND ADOPT A TAX INCREMENT PLAN (Resolution No. 2019- 48) Getschow said this item will be acted upon by both the City Council and the HRA and is part of the multifamily, multigenerational development on Eden Prairie Road. Tax Increment Financing (TIF) District 23 is being created to support the Trail Pointe Ridge development, a 58-unit mixed-income apartment complex to be built, owned, CITY COUNCIL MINUTES April 2, 2019 Page 7 and operated by non-profit CommonBond Communities as part of the larger Smith Village project. Diana Dyste, representing CommonBond, gave a PowerPoint presentation about her organization, a non-profit that promotes the development of affordable housing. CommonBond has a program for professional management and advantage services, and also offers third party management. CommonBond owns, operates and manages about 440 properties throughout a three-state area. Their advantage services program supports the stability and independence of residents. Ms Dyste said CommonBond is one component of Smith Village off Eden Prairie Road, alongside the 100-unit Senior cooperative development and the six custom town homes that make up the remainder of Smith Village. The site itself offers indoor recreational opportunities as well as outdoor amenities. Trail Pointe Ridge will be a four-story, 58-unit development with on-site services and on-site management. There will be 1, 2, and 3 bedroom units and 13 supportive housing units. She reviewed the rents and income limits for the development, and noted there will be six units set aside for individuals with disabilities. CommonBond is working with staff and attorneys to put together a development agreement. They anticipate construction to start this summer with completion in 2020. Nelson asked if the request is just for the Trail Pointe Ridge portion of the development. Getschow replied that was correct. Nelson then asked to hear the details of the TIF financing. Rebecca Kurtz, representing Ehlers, Inc., said the proposal is for a housing TIF district with a maximum of 26 years. The TIF consists of one parcel on Glory Lane with a maximum budget of$2,700,000. They anticipate that would be the amount of the TIF with inflation over time; however, they expect that total to be about $696,000, and that will be detailed in the development agreement. They are estimating roughly $60,000 in annual increments, and the City could use up to 20% of that for other affordable housing uses. There were no comments from the audience. MOTION: Nelson moved, seconded by Narayanan, to close the public hearing. Motion carried 5-0. MOTION: Nelson moved, seconded by Freiberg, to adopt Resolution No. 2019-48 requesting a modification to the Redevelopment Plan for Redevelopment Project Area No. 5, establishing Tax Increment Financing District No. 23: Trail Pointe Ridge therein, and adopting a Tax Increment Financing Plan therefor. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Narayanan, to approve the payment of claims as CITY COUNCIL MINUTES April 2, 2019 Page 8 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 XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried 5-0.Mayor Case adjourned the meeting at 8:04 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 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 Temporary Liquor Eden Tobacco &Vape Outlet Inc Organization: City of Eden Prairie/EP Liquor 574 Prairie Center Drive #150 Event: Wine &Beer Tasting Date: May 17, 2019 (rescheduled from April 11) Place: Garden Room Gambling/Bingo 8080 Mitchell Road Organization: Eden Prairie Lions Club Event: Schooner Days Organization: Eden Prairie Noon Rotary Club Place Round Lake Park Event: Festival of Jazz on the Prairie 16691 Valley View Road Date: June 9, 2019 Date: May 31 —June 2, 2019 Place: Staring Lake Park 14800 Pioneer Trail Organization: Eden Prairie Lions Club Event: Hometown Celebration Organization: City of Eden Prairie/EP Liquor Place: Round Lake Park Event: Wine &Beer Tasting 16691 Valley View Road Date: June 20, 2019 Date: July 3-4, 2019 Place: Garden Room 8080 Mitchell Road Private Kennel Organization: City of Eden Prairie/EP Liquor Mike &Elaine Perry Event: Music in the Park Wine &Beer Tasting 9618 Portal Drive Date: July 12, 2019 Place: Staring Lake Park 14800 Pioneer Trail Raffle Organization: Eden Prairie Ducks Unlimited Organization: City of Eden Prairie/EP Liquor Place: Bearpath Golf& Country Club Event: Music in the Park Wine &Beer Tasting 18100 Bearpath Trail Date: July 26, 2019 Date: May 3, 2019 Place: Staring Lake Park 14800 Pioneer Trail Organization: Eden Prairie Noon Rotary Club Place: Staring Lake Park Organization: City of Eden Prairie/EP Liquor 14800 Pioneer Trail Event: Wine &Beer Tasting Date: June 9, 2019 Date: August 29, 2019 Place: Garden Room 8080 Mitchell Road - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police Chief Greg Weber First and Second Reading of an Ordinance VIII.B. Police Department Amending City Code Chapter 9 Relating to Burglar, Robbery and Safety Alarms Requested Action Move to: Approve the first and second reading of an ordinance amending City Code Chapter 9 relating to burglar, robbery and safety alarms. Synopsis The City Code currently requires users of burglar, robbery, and safety alarms to register with the Police Department. The department has determined that the registration requirement affords no benefit to the City and has not enforced the requirement for many years. The proposed ordinance therefore deletes the registration requirement from City Code. The Code still imposes fees and penalties on alarm users who report more than three false alarms per calendar year. Attachments Ordinance Summary Ordinance Resolution Approving Summary CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, AMENDING CITY CODE CHAPTER 9, SECTION 9.10 RELATING TO BURGLAR,ROBBERY AND SAFETY ALARMS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Chapter 9, Section 9.10, Subdivision 1 of the City Code is hereby amended by deleting those words that are in strikethrough font contained in brackets [ ] and adding those words that are underlined, to read as follows: Subd. 1. Purpose. The purpose of section 9.10 A and 9.10 B are to protect the police and fire services of the City from misuse and to provide for the maximum possible service to alarm users. The ordinance is intended to provide for the regulation of Burglar, Robbery and Safety Alarm Systems and Fire Alarm Systems, establish a [user] fee for false alarms [and the registration of Burglar, Robbery and Safety Alarm Systems and Fire Alarm Systems] in order to improve the reliability of such systems and reduce or eliminate false alarms. Section 9.10 A regulates Fire Alarm Systems. Section 9.10 B regulates Burglar, Robbery and Safety Alarm Systems. Section 2. Chapter 9, Section 9.10 B, Subdivision 4 of the City Code is hereby deleted in its entirety. Section 3. Chapter 9, Section 9.10 B, Subdivision 5.A of the City Code is hereby amended by deleting those words that are in strikethrough font contained in brackets [] and adding those words that are underlined, to read as follows: A. Notice of Suspension of Police Response. [Where the Burglar,Robbery and Safety Alarm System is unregistered (Unregistered System) or w]Where an alarm user is more than 90 days overdue in payment of alarm fines (Overdue Payments), the City of Eden Prairie may serve, in-person or by U.S. certified mail addressed to the address at which the alarm is located written notice (hereinafter referred to as "Notice") that effective fourteen (14) days from the date of the Notice, the Eden Prairie Police Department will no longer respond to alarm dispatch requests from that site (hereinafter referred to as "Suspension"), unless there is an in-person call for assistance from a person at or near the premises or other independent information that verifies the need for an immediate police response. The Suspension will be revoked and Police response will be reactivated in the case of an Unregistered System when the alarm system is registered and in the case of an Overdue Payments once all Overdue Payments and fines have been paid. Section 4. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 9.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of April, 2019 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 16th day of April, 2019. Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. -2019 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPTER 9, SECTION 9.10 RELATING TO BURGLAR,ROBBERY AND SAFETY ALARMS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: This ordinance amends City Code Chapter 9, Section 9.10 relating to Burglar,Robbery and Safety Alarms by deleting the requirement that Burglar,Robbery and Safety Alarm systems be registered with the Police Department. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Ronald A. Case, Mayor PUBLISHED in the Eden Prairie News on , 2019. (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 16th day of April, 2019. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. is lengthy. B. The text of summary of Ordinance No. , attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any person, during regular office hours, at the office of the City Clerk, and a copy of the entire text of the Ordinance shall be posted in the City offices. E. Ordinance shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on April 16, 2019. Ronald A. Case, Mayor SEAL ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development/ Adopt resolution approving a local fair housing VIII.C. Janet Jeremiah/Jonathan policy. Stanley Requested Action Move to: Adopt the resolution approving a local fair housing policy. Synopsis As a condition of grant receipt under the Metropolitan Council's Livable Communities Act (LCA)programs, participating cities must now adopt a local fair housing policy prior to drawing down funds for an awarded grant. The City recently received a grant of$903,635 from the Livable Communities Demonstration Account for the Trail Pointe Ridge development and as such must adopt a fair housing policy to conform to the terms of the grant agreement. Doing so will not only assist with the Trail Pointe Ridge project, but will make the City eligible for additional LCA grants and, importantly, will advance the City's efforts in promoting fair housing. Background Information Participating communities in the Metropolitan Council's LCA programs must now adopt a local fair housing policy prior to drawing down grant funds. As the City was recently awarded a substantial grant for the Trail Pointe Ridge development by CommonBond Communities, it must adopt such a policy. Staff utilized template materials provided by the Met Council and reviewed the adopted policies of several local communities (Bloomington, Plymouth, Roseville, Shoreview, and Watertown)to craft a policy that is practical but meaningful. The resultant policy is comprised by the following major components: • Purpose/Vision—describes the legal framework under which the policy is created • Fair Housing Policy Statement—articulates the City's pledge to fair housing principles and practices • External Practices—lays out means for the City to outwardly express its commitment to fair housing by designating a fair housing officer and providing for meaningful access by citizens • Internal Practices—demonstrates the City's goals for integrating fair housing concerns into its work, including potential implications in zoning, project planning, and housing development Adopting the fair housing policy will assist the City in at least three ways. First, it will allow staff to draw down funds for the Trail Pointe Ridge project when needed. Second, it will allow the City to continue to compete for competitive LCA awards for Eden Prairie development projects. Finally, it will allow the City to more ably respond to any fair housing complaints, be more proactive in identifying potential fair housing issues, and fulfill its fair housing obligations. Attachments Resolution Exhibit A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- _ RESOLUTION ADOPTING A FAIR HOUSING POLICY WHEREAS,the City of Eden Prairie (the "City") is a participant in the Metropolitan Council's Livable Communities Act programs; and WHEREAS,the City submitted to the Metropolitan Council an application for a Livable Communities Demonstration Account grant for the Trail Pointe Ridge development; and WHEREAS,the City has been awarded a $903,635 grant to support the Trail Pointe Ridge development; and WHEREAS,the City is required to adopt a local Fair Housing Policy as attached as Exhibit A as part of the grant agreement; and WHEREAS,the adoption of the Fair Housing Policy will allow the City to continue to maintain eligibility for additional grants under the Livable Communities Act programs. NOW, THEREFORE,BE IT RESOLVED that the City of Eden Prairie hereby adopts the attached Fair Housing Policy. ADOPTED by the City Council of the City of Eden Prairie this 16th day of April, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A City of Eden Prairie Fair Housing Policy 1. Purpose/Vision Title VIII of the Civil Rights Act establishes federal policy for providing fair housing throughout the United States. The intent of Title VIII is to ensure equal housing opportunities for all citizens. Furthermore, the City of Eden Prairie, as a recipient of federal community development funds under Title I of the Housing and Community Development Act of 1974, is obligated to certify that it will affirmatively further fair housing. The City of Eden Prairie is committed to meeting these obligations, and has developed this Fair Housing Policy to further these goals. 2. Fair Housing Policy Statement It is the policy and commitment of the City of Eden Prairie to ensure that fair and equal housing opportunities are granted to all persons in all housing opportunities and development activities funded by the City regardless of race, color, religion, gender, sexual orientation, marital status, status with regard to public assistance, familial status, national origin, or disability. This shall be done through strong external policies that provide meaningful access to all constituents and fair housing informational and referral services; and internal practices and procedures that do not discriminate and that affirmatively further fair housing. 3. External Practices a. Fair Housing Officer. The City of Eden Prairie has designated the Manager of the Office of Housing and Community Services as the City's Fair Housing Officer.The Fair Housing Officer will be responsible for the intake, processing, and referral of all fair housing complaints. While not expected to be an expert in fair housing laws, at a minimum the Officer will be familiar with state and federal fair housing laws, the complaint process for filing discrimination complaints, and the state and federal agencies that handle complaints. Records showing the date, time and nature of the fair housing complaint, as well as the decisions made regarding the complaint process (referrals, information given, etc.) and any follow up action will be documented. The Fair Housing Officer will also monitor City activities affecting fair housing and raise issues and concerns where appropriate. 4. Meaningful Access a. Online Information. The City of Eden Prairie will have information about fair housing and its Fair Housing Officer displayed on its website. The website will also have links to various fair housing resources, including but not limited to the Department of Housing and Urban Development, Minnesota Department of Human Rights, Mid-Minnesota Legal Aid, or others, as well as links to state and federal fair housing complaint forms. EXHIBIT A b. In-Person Information. The City of Eden Prairie will provide fair housing information to anyone requesting such information at the City offices. Information provided will include: i. A list of fair housing enforcement agencies; ii. A Frequently asked questions (FAQ) regarding Fair Housing Law; and iii. Fair Housing Complaint Forms for enforcement agencies c. Languages. The City of Eden Prairie is committed to providing information in the native languages of its residents. Therefore, the City will have the information listed in in the top four languages most frequently encountered in the City, other than English. Material in other languages can be requested and handled on an individual basis. 5. Internal Practices -The City of Eden Prairie commits to the following steps to promote awareness and sensitivity to fair housing issues in all of its government functions. a. Staff and Officials Training-the City will periodically train its staff and elected officials on fair housing considerations. b. Housing Analysis -the City will review its housing inventory periodically to examine the affordability of both rental and owner-occupied housing to inform future City actions. c. Code Analysis -the City will review its municipal code periodically, with specific focus on ordinances related to zoning, and building and occupancy standards, to identify any potential for disparate impact or disparate treatment. d. Project Planning and Analysis-the City will make determinations in project planning with an eye to fair housing issues, including whether potential projects may perpetuate segregation or lead to displacement of protected classes. e. Community Engagement -The City commits to ongoing community engagement. Specifically, the City commits to robust conversations with community regarding potential housing projects, zoning changes, and other land use planning decisions. f. Affirmatively Furthering Fair Housing-As a recipient of federal funds, the City agrees to participate in the Regional Analysis of Impediments, as organized by the regional Fair Housing Implementation Council (FHIC). CITY COUNCIL AGENDA DATE SECTION: Consent Calendar April 16, 2019 DEPARTMENT/DIVISION ITEM DESCRIPTION ITEM NO. Dzevad Mahmutovic, Facilities Utilities Garage Roof Replacement VIII.D. Administration Requested Action Move to: Award Contract for Utilities Garage roof replacement to Central Roofing Company. Synopsis Central Roofing Company $141.325.00 John A. Dalsin& Son, Inc $194.539.00 Peterson Bros. Roofing Inc. NO Bid- Could Not Meet the Schedule Background The roof is over 30 years old and will need to be replaced before the solar panels installation to prevent additional costs in future. Plans and specifications for the roof replacement for the utility garage were developed by Quetica and sent to 3 potential bidders. Attachments • Standard City Construction Contract with Central Roofing Company • Exhibit A, Plans and Specifications • Responsible Contractor Verification form from Central Roofing Company • Successful Contractor's Proposal 2017 06 01 Construction Contract This Contract ("Contract") is made on the 5th day of April, 201, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, MI Eden Prairie, MN 55344, and Central Roofing Company, a Minnesota Corporation (hereinafter "Contractor") whose business address is 4550 Main Street NE Minneapolis, MN 55421. Preliminary Statement PRAT Rl E The City has adopted a policy regarding the selection and hiring of contractors to provide LIVE-WORK-DREAM 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 Replacing over 30-year-old roof at Utilities Garage. 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 December 20th, 2018. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of$141.325.00 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 13 6. Project Manager and Staffing. The Contractor shall have 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 13 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 13 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 13 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 13 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 13 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 13 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 13 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 13 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 13 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 13 CITY OF EDEN PRAIRIE Ronald A. Case, Its Mayor Rick Getschow, Its City Manager Central Roofing Company Gerry Stock, CEO/President Standard Construction Contract 2007 06 01 Page 13 of 13 r.; Hz % o z u z ra u 4—, CT SIMILAR 4 SIMILAR SIMILAR 4 SIMILAR e e e e J I 21/2 0 21/2". *21/2" 1-1/2" -> -> 21/2S- EX.12" WIDE X 6" HIGH SCUPPER WITH 3" X 6" 0 EX.12"ro FLUE 0 EX 2"ro VTR ® DOWNSPOUT © SIMILAR 2 1/2 0 STRUCTURAL e © SLOPE 6 11" 0 PER FT. ®EX.4"ro FLUE- o �2��z G-- 21/z" o c ® <EXISTING EXISTING > co o a. © PRECAST METAL ROOF a. o 0 o z r Q>.(6 U CONCRETE DECK I I o ROOF DECK © @ SIMILAR m o 0 ° ROOF DEMOLITION NOTES: o__ N 2 (3 c 0 EX.6"4 FLUE 0IT 15 THE INTENT AT METAL DECK ROOF AREAS TO REMOVE THE EXISTING ROOFING EPDM o-c,Y 4 Q STRUCTURAL MEMBRANE AND LEAVE NE EXISTING I" AND I1/2" LAYERS OF POLYISOCYANURATE ° c a� r INSULATION IN PLACE (PROTECT FROM DAMAGE - REUSE). SEE DETAIL A/A3 FOR •y o U 7 SLOPE 6 %" STRUCTURAL ANTICIPATED ROOF FIELD CONSTRUCTION. CONTRACTOR TO EXAMINE THE EXISTING O_E a� PER FT. > POLYISOCYANURATE INSULATION LAYERS AFTER DEMOLITION OF EPDM MEMBRANE AND 3 cll % _co SLOPE 0 " NOTIFY ARCHITECTS OFFICE OF ANY DAMAGED AREAS. � N 0' UW' PER FT. O2 IT 15 NE INTENT TO REMOVE NE EXISTING ROOF MATERIALS DOWN TO NE EXISTING E PRECAST CONCRETE PLANK ROOF PECK SEE DETAIL C/A3 FOR ANTICIPATED ROOF FIELD > 2��z" 2��z" CONSTRUCTION. CONTRACTOR TO EXAMINE THE EXISTING DECKING MATERIAL AFTER Y a 0 EX.6"4 FLUE 0 EX.6"�FLUE �% a w, 22 o DEMOLITION AND NOTIFY ARCHITECTS OFFICE OF ANY DAMAGED AREAS. r-� 6:N = U ® ROOFING CONTRACTOR TO REMOVE EXISTING ROOF EDGE FLASHING. IT IS NE INTENT THAT NE o ® © EXISTING WOOD BLOCKING REMAIN. VERIFY THE EXISTING CONDITION OF THE ROOF EDGE E a e o BLOCKING AFTER DEMOLITION. REMOVE AND REPLACE ANY ROTTEN OR DAMAGED WOOD. SEE -a Z 0 SIMILAR DETAIL E/A3 FOR TYPICAL ROOF EDGE DEMOLITION SECTION - FIELD VERIFY. ® ROOFING CONTRACTOR TO REMOVE EXISTING ROOF EDGE FLASHING,THE EXISTING SHEET METAL DECORATIVE PANELS AT EXTERIOR WALL BELOW ROOF EDGE FLASHING TO REMAIN. IT 15 THE INTENT THAT THE EXISTING WOOD BLOCKING REMAIN. VERIFY NE EXISTING CONDITION OF NE e 0 EX.12" WIDE X 6" HIGH ROOF EDGE BLOCKING AFTER DEMOLITION. REMOVE AND REPLACE ANY ROTTEN OR DAMAGED SCUPPER WITH 3" X 6" WOOD. SEE DETAILS G/A3 AND J/A3 FOR TYPICAL ROOF EDGE DEMOLITION SECTION - FIELD ® DOWNSPOUT ® THE EXISTING MECHANICAL UNIT CURB SHALL BE REUSED. REMOVE NE EXISTING CURB 0 EX.6".FLUE FLASHING,CANT,AND ROOF SEALANT AT NE CURB. EXTEND CURB HEIGHT UP TO A s 0 EX.6"m FLUE MINIMUM OF 24" ABOVE THE ROOF ELEVATION. c ® ALL EXISTING PLUMBING VENT STACKS EXTENDING THROUGH NE ROOF SHALL BE RAISED TO e 1` MEET CODE REQUIREMENTS(MIN.OF 12" ABOVE FINISHED ROOF ELEVATION)BY CONTRACTOR a CONTRACTOR TO PROVIDE NEW FLASHING AT ROOF DECK/ INSULATION. ® ROOFING CONTRACTOR TO REPLACE NE EXISTING FLUE FLASHING AT FLUE PENETRATIONS. M_ ti N ® REMOVE THE EXISTING 12" WIDE PRE-FINISHED SHEET METAL SCUPPERS,FLASHINGS AND 3"X6" .^-) ,?; DOWNSPOUTS AT LOCATIONS AS SHOWN. z H z x ® AT LOCATIONS WHERE EXISTING EXHAUST FANS,VENTS,FLUES OR OTHER MECHANICAL 's C..) EQUIPMENT HAVE BEEN ABANDONED,REMOVE THE EXISTING CURB AND ALL BLOCKING _ ^ x AROUND NE OPENING AND PATCH NE METAL ROOF DECK v EX.12" WIDE X 6" HIGH DOWN POUTITH 3" X 6" GENERAL NOTES STRUCTURAL 8 O IT IS ANTICIPATED THAT NE EXISTING METAL ROOF DECK IS SLOPED AT 8" PER FOOT. H SLOPE 0 14" FIELD VERIFY ROOF CONDITIONS AFTER ROOF DEMOLITION. Z PER FT. O IT IS ANTICIPATED THAT THE EXISTING CONCRETE ROOF DECK IS SLOPED AT$" PER FOOT.. eFIELD VERIFY ROOF CONDITIONS AFTER ROOF DEMOLITION. 0 O3 THE ELEVATIONS SHOWN ON THE DRAWING($)INDICATE THE TOP OF THE FINISHED ROOF C..) INSULATION ABOVE NE EXISTING METAL DECK OR NE EXISTING PRECAST CONCRETE PLANK Pn,o ® CONTRACTOR TO PROVIDE ARCHITECTS OFFICE WITH SHOP DRAWINGS SHOWING ALL OF W 0 NE\/ ROOF RELATED ITEMS - BUILT-UP ROOFING SYSTEM MATERIALS, INSULATION,TAPERED L \ INSULATION AND ROOF SLOPES,ROOF EDGE DETAILS SHOWING FLASHING ETC.,SCUPPERS, T-' ETC.,AND ANY OTHER ROOF RELATED ITEMS. ALL DETAILING SHALL BE IN KEEPING WITH 0 0 NE ROOF MANUFACTURES STANDARD DETAILS AND ROOF SPECIFICATIONS. 0 O ALL PREFINISHED SHEET METAL FLASHING TO MATCH EXISTING DECORATIVE METAL AT g" NORTH AND WEST ELEVATIONS BELOW THE ROOF EDGE FLASHING(EXISTING DECORATIVE Cn METAL BELOW ROOF EDGE FLASHING TO REMAIN AND BE REUSED),COLOR TO BE r� 21/2" 21/2 21/2 APPROVED BY OWNER C_N M © PROVIDE COVER PLATE AT ALL FLASHING ROOF EDGE JOINT LOCATIONS. COVER PLATE ~ W TO BE A MIN.OF 6" WIDE (3" EACH SIDE OF JOINTS). H O ASPHALT KETTLES SHALL BE KEPT 20 FEET FROM NE BUILDING AND HAVE A 20 B-C a q e 0 e 0 RATED PORTABLE FIRE EXTINGUISHER LOCATED WITHIN 30 FEET OF NE KETTLE HEAT Z Z 0 SIMILAR SIMILAR SOURCE DURING OPERATION. SEE SPEC SECTION 01510. W c C 4 ® CONTRACTOR RESPONSIBLE FOR BUILDING INTERIOR OR EXTERIOR CLEANING OR Cr W DAMAGES RESULTING FROM THE ROOF REPLACEMENT. CONTRACTOR TO PROTECT Z ' EXISTING GLASS WINDOW/DOORS ADJACENT TO NE WORK AREAS. O rr x , A ROOF DEMOLITION FLAN 7? z Al SCALE: 1/8 I 0 w THE ELEVATIONS SHOWN ON THIS DRAWING INDICATES THE TOP OF NORTH NE EXISTING FINISHED ROOF INSULATION ABOVE NE EXISTING METAL DECK OR ABOVE NE EXISTING PRECAST CONCRETE PLANK Z 0 H E H Z C x Z cn r.; ;7, % % u o z ca u 4-, 4.1 CT SIMILAR 4 SIMILAR SIMILAR 4 4 SIMILAR ia f 0 0 -05v2" 0 *5I/21I -i,2" -> Jj 5i1/2 6i/2 111/2' $i,2' g -> 5i,2" EX.12" WIDE X 6" HIGH :J SCUPPER WIN 3" X 6" ®EX.12"ro FLUE 0 EX 2"ro VTR ® DOWNSPOUT © �i(� 2 SIMILAR e�� STRUCTURAL2/�� 0 $ 2" 0 e�� 1��2 SLOPE 6 /a" 0 5'/"�61/2 PER FT. ®EX.4"ro FLUE o 2 U) EXISTING EXISTING G,GCE �51�211 5�h" 6 ` z Z OP co o 0 ® © <PRECAST METAL ROOF �� 92 a. r CONCRETE DECK I \ ® z .L 0_,. (6 , ROOF DECK „ © 3 @ limb SIMILAR a E o 0 Q !Il 211 cn I, 62 `owm 51/2 cat 4 Q 0 EX.6"ro FLUE to o STRUCTU o.N 0 SLOPE 6 /a" STRUCTURAL LE PER FT. C 3.,_,,- SLOPE 51 �'%" co N PER FT. New m 6�,2'', w-a c 5,,2" 5,,2 ,� ROOF REPLACEMENT NOTES: y • 0 EX.6".FLUE 0 EX.6".FLUE 5ir2 w�'o l® 'INSTALL NEW ROOFING MATERIALS(BUILT-UP ROOF). IT IS NE INTENT AT METAL DECK E ROOF AREAS TO REUSE NE EXISTING I" AND I�/2" LAYERS OF POLYISOGYANURATE o-o W INSULATION. SEE DETAIL 5/A3 FOR ANTICIPATED ROOF FIELD CONSTRUCTION. a 0 u, CONTRACTOR TO EXAMINE THE EXISTING POLYISOCYANURATE INSULATION AND NOTIFY T a Z • e O ARCHITECTS OFFICE OF ANY DAMAGED AREAS. -a-j SIMILAR O O e ® INSTALL NEW ROOFING MATERIALS(BUILT-UP ROOF WITH INSULATION). IT IS THE INTENT TO REMOVE THE EXISTING ROOF MATERIALS DOWN TO THE EXISTING PRECAST CONCRETE 5i,2 PLANK ROOF DECK SEE DETAIL D/A3 FOR ANTICIPATED ROOF FIELD CONSTRUCTION. ��� CONTRACTOR TO EXAMINE THE EXISTING DECKING MATERIAL AFTER DEMOLITION AND O Viz" NOTIFY ARCHITECTS OFFICE OF ANY DAMAGED AREAS. e �� EX.12" WIDE X 6" NIGH l SCUPPER WITH 3" X 6" ® ROOFING CONTRACTOR TO FURNISH AND INSTALL NEW ROOF EDGE FLASHING. IT IS THE DOWNSPOUT INTENT THAT THE EXISTING WOOD BLOCKING BE REUSED AND NEW WOOD BLOCKING BE ® ADDED AS REQUIRED. VERIFY NE EXISTING CONDITION OF THE ROOF EDGE BLOCKING 2�/2" AFTER DEMOLITION, REMOVE AND REPLACE ANY ROTTEN OR DAMAGED WOOD. SEE 0 EX.6".FLUE 0 EX.6"m FLUE s DETAIL F/A3 FOR ROOF EDGE SECTION - FIELD VERIFY. ^ ® ROOFING CONTRACTOR TO FURNISH AND INSTALL NEW ROOF EDGE FLASHING,THE EXISTING SHEET cip METAL DECORATIVE PANELS AT EXTERIOR WALL BELOW ROOF EDGE FLASHING TO REMAIN. IT IS / THE INTENT THAT NE EXISTING WOOD BLOCKING BE REUSED AND NEW WOOD BLOCKING BE x a \ �� ADDED AS REQUIRED. VERIFY THE EXISTING CONDITION OF THE ROOF EDGE BLOCKING AFTER DEMOLITION. REMOVE AND REPLACE ANY ROTTEN OR DAMAGED UOOD. SEE DETAILS H/A3 AND K/A3 FOR TYPICAL ROOF EDGE SECTION - FIELD VERIFY. 51/2N ii 6. ® THE EXISTING MECHANICAL UNIT CURB SHALL BE REUSED. REUSE THE EXISTING CURE AND INSTALL NEW FLASHING,CANT,AND ROOF SEALANT AT NE CURB. EXTEND NE CURB 0 HEIGHT UITN WOOD BLOCKING AS REQUIRED SUCH THAT NE MECW.EQUIPMENT IS A MINIMUM z = c' OF 24"FOR EXHAUST FANS AND 36"FOR INTAKE VENTILATORS ABOVE THE FINISHED ROOF J r Z v ELEVATION. EXTEND DUCTWORK AND ELECTRICAL AS REQUIRED. �" :� ° © ALL EXISTING PLUMBING VENT STACKS EXTENDING THROUGH NE ROOF SHALL BE RAISED TO v Q MEET CODE REQUIREMENTS(MIN.OF 12" ABOVE FINISHED ROOF ELEVATION)BY CONTRACTOR CONTRACTOR TO PROVIDE NEW FLASHING AT ROOF DECK/ INSULATION. ® ROOFING CONTRACTOR TO REPLACE THE EXISTING FLUE FLASHING AT FLUE PENETRATIONS. 51/20 EX.12" WIDE X 6" HIGH i SCUPPER WITH 3" X 6" ® PROVIDE NEW 12" WIDE PRE-FINISHED SHEET METAL SCUPPERS,FLASHINGS AND 4"X6" ® DOWNSPOUT DOWNSPOUTS AT LOCATIONS AS SHOWN. STRUCTURAL 21/2" ® PROVIDE TAPERED INSULATION(1" PER FOOT,3" IN 3')AT EXISTING SCUPPER LOCATIONS SUCH SLOPE g /e" THAT FLOW LINE AT SCUPPER IS AT EXISTING LOCATION(2�/2" ABOVE EXISTING METAL DECK). H PER FT. e 10 PROVIDE 'is" PER FOOT TAPERED POLYISOCYANURATE INSULATION AT EAST SIDE OF ROOF INSTALLED TO PROVIDE POSITIVE DRAINAGE TOWARD ROOF DRAINAGE SCUPPERS. I W GENERAL NOTES a \7 O IT IS ANTICIPATED THAT NE EXISTING METAL ROOF DECK IS SLOPED AT i" PER FOOT. g FIELD VERIFY ROOF CONDITIONS AFTER ROOF DEMOLITION. O IT IS ANTICIPATED THAT NE EXISTING CONCRETE ROOF DECK IS SLOPED AT 8" PER FOOT.. 0 FIELD VERIFY ROOF CONDITIONS AFTER ROOF DEMOLITION. 0 g 0 THE ELEVATIONS SHOWN ON NE DRAWING( )INDICATE THE TOP OF THE FINISHED ROOF Cn INSULATION ABOVE THE EXISTING METAL DECK OR THE EXISTING PRECAST CONCRETE ~ 51/2" 51/2' 51,2 II 61/2 II 1 u PLANK CM M V ® CONTRACTOR TO PROVIDE ARCHITECTS OFFICE WIN SHOP DRAWINGS SHOWING ALL OF g-+ k fn: THE ROOF RELATED ITEMS - BUILT-UP ROOFING SYSTEM MATERIALS, INSULATION,TAPERED g > HI e e INSULATION AND ROOF SLOPES,ROOF EDGE DETAILS SHOWING FLASHING ETC.,SCUPPERS, a ETC.,AND ANY OTHER ROOF RELATED ITEMS. ALL DETAILING SHALL BE IN KEEPING WITH Q - , W ©© THE ROOF MANUFACTURES STANDARD DETAILS AND ROOF SPECIFICATIONS. Z 0 SIMILAR SIMILAR 50 ALL PREFINISHED SHEET METAL FLASHING TO MATCH EXISTING DECORATIVE METAL AT W c p 4 NORTH AND WEST ELEVATIONS BELOW THE ROOF EDGE FLASHING(EXISTING DECORATIVE e METAL BELOW ROOF EDGE FLASHING TO REMAIN AND BE REUSED),COLOR TO SE z H APPROVED BY OWNER O x 1�� A ROOF REPLACEMENT FLAN O PROVIDE COVER PLATE AT ALL FLASHING ROOF EDGE JOINT LOCATIONS. COVER PLATE `� te. TO SE A MIN.OF 6" UIDE (3" EACH SIDE OF JOINTS). I o Z A2 SCALE: 1/S" - I1-0° O ASPHALT KETTLES SHALL BE KEPT 20 FEET FROM THE BUILDING AND HAVE A 20 S G U E Q NE ELEVATIONS SHOWN ON THIS DRAWING INDICATES THE TOP OF NORTH RATED PORTABLE FIRE EXTINGUISHER LOCATED WITHIN 30 FEET OF NE KETTLE NEAT SOURCE DURING OPERATION. SEE SPEC SECTION 01510. THE NEW FINISHED ROOF INSULATION ABOVE THE EXISTING METAL DECK OR ABOVE THE EXISTING PRECAST CONCRETE PLANK OS CONTRACTOR RESPONSIBLE FOR BUILDING INTERIOR OR EXTERIOR CLEANING OR H (TOTAL INSULATION THICKNESS - PERLITE AND DAMAGES RESULTING FROM THE ROOF REPLACEMENT. CONTRACTOR TO PROTECT Z POLYISOCYANURATE). EXISTING GLASS WINDOW/DOORS ADJACENT TO THE UORK AREAS. W W -)) H W ^ Z C 2. 24 Z 41. cn CITY OF EDEN PRAIRIE • UTILITIES GARAGE—2019 ROOF REPLACEMENT . EDEN PRAIRIE, MINNESOTA QUETICA FILE NO, 19119 SECTION 005501—RESPONSIBLE CONTRACTOR VERIFICATION I am an owner or officer of Central Roofing Company[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." 1 further agree that Bidder has received a signed statement under oath from each subcontractor and motor carrier that Bidder intends to use to perform work on the project verifying that the subcontractor and motor carrier meets the minimum criteria under Minn, Stat. § 16C.285, and that Bidder will furnish such statements to the contracting authority upon request. Bidder intends to retain the following first-tier subcontractors and motor carriers for work on this project: Exterior Maintenance, Inc, If Bidder is awarded the contract for the project, 1 further agree that Bidder will submit the attached document entitled"Additional Subcontractor and Motor Carrier List"as required. Signed this_4th day of April ,20 19 ,�r I By: Gerry Stock [printed name] CEO/President [title] of Central Roofing Company _[name of bidder] STATE OF MINNESOTA ) ) as. COUNTY OF Anoka ) Signed and sworn to before me on April 4 , 2019 , by KAMMM K MORRIS 'j Notary Public ti : Minnesota My fl s 240res.lanua 312021 o ublic (stamp) • CITY OF EDEN PRAIRIE c Fnif 0F '(UTILITIES GARAGE--2019 ROOF REPLACEMENT EDEN PRAIRIE, MINNESOTA QUETICA FILE NO. 19119 SECTION 004113- BID FORM 1.1 BID INFORMATION A. Bidder: Central Roofing Company B. Project Name: City of Eden Prairie- Utilities Garage—2019 Roof Replacement C. Project Location: Utilities Garage, 14100 Technology Drive, Eden Prairie, MN 55344 D. Owner: City of Eden Prairie E. Architect/Engineer: Quetica, LLC F. Architect/Engineer Project Number: 19119 1.2 CERTIFICATIONS AND BASE 13lD A. Base Bid, Single-Prime (All Trades) Contract: The undersigned Bidder, having carefully examined the Procurement and Contracting Requirements, Conditions of the Contract, Drawings, Specifications, and all subsequent Addenda, as prepared by Quetica, LLC and Architect's / Engineer's consultants, having visited the site, and being familiar with all conditions and requirements of the Work, hereby agrees to furnish all material, labor, equipment and services, including all scheduled allowances, necessary to complete the construction of the above-named project, according to the requirements of the Procurement and Contracting Documents,for the stipulated sum of: 1. One Hundred Forty One Thousand Three Hundred Twenty Five Dollars($ 141,325.00 ). 1.3 BID GUARANTEE A. Bid Guarantee is not required for this project. 1.4 TIME OF COMPLETION A. The undersigned Bidder proposes and agrees hereby to commence the Work of the Contract Documents on a date specified in a written Notice to Proceed to be issued by Architect / Engineer and shall fully complete the Work in accordance with the preliminary schedule. Bid Form 004113-1 CITY OF EDEN PRAIRIE UTILITIES GARAGE—2019 ROOF REPLACEMENT EDEN PRAIRIE, MINNESOTA QUETICA FILE NO. 19119 1.5 ACKNOWLEDGEMENT OF ADDENDA A. The undersigned Bidder acknowledges receipt of and use of the following Addenda in the preparation of this Bid: 1. Addendum No. 1,dated NIA • 2. Addendum No.2,dated NIA . 3. Addendum No. 3,dated N/A • 4. Addendum No.4, dated N/A 1.6 CONTRACTOR'S LICENSE A. The undersigned further states that it is a duly licensed contractor, for the type of work proposed, in the State of Minnesota, and that all fees, permits, etc., pursuant to submitting this proposal have been paid in full. 1.7 SUBMISSION OF BID Respectfully submitted this 4th day of April ,2019. Submitted By: Central Roofing Company (Name of bidding firm or corporation) Authorized Signature: 4kJ. (Handwritten signature) Signed By: Gerry Stock (Type or print name) Title: CEO/President (Owner Partner/President/Vice Pre dent) Witness By: (Ha ritten signature) Attest: (Handwritten signature) By: Jason Stock (Type or print name) Bid Form 004113-2 CITY OF EDEN PRAIRIE UTILITIES GARAGE—2019 ROOF REPLACEMENT EDEN PRAIRIE,MINNESOTA QUETICA FILE NO. 19119 Title: OFONice President (Corporate Secretary or Assistant Secretary) Street Address: 4550 Main Street NE City, State,Zip Minneapolis, MN 55421 Phone: 763-572-0660 �����►%1uhJrr►r►►►� CR639253 ``•�� $ODFI1.V.0 o License No.: -��•� .••• •p •�.. Federal ID No.: 41-0737497 �2▪ •▪ • oQ oe s= (Veicoapervi Sea!Rite) gy END OF SECTION 004113 yJ'ffi$der i • Bid Form 004113-3 CITY OF EDEN PRAIRIE UTILITIES GARAGE—2019 ROOF REPLACEMENT cart EDEN PRAIRIE, MINNESOTA 2UETICA FILE NO. 19119 SECTION 005501--RESPONSIBLE CONTRACTOR VERIFICATION I am an owner or officer of Central Roofing Company[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 Minn. Stat. § 16C.285, and that Bidder will furnish such statements to the contracting authority upon request. Bidder intends to retain the following first-tier subcontractors and motor carriers for work on this project: Exterior Maintenance, Inc. 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. Signed this 4th day of April , 20 19 By: Gerry Stock _ [printed name] CEO/President [title] of Central Roofing Company [name of bidder] STATE OF MINNESOTA ) ) ss. COUNTY OF Anoka } Signed and sworn to before me on April 4 , 2019 . by KAII BRiA K MORRIS .:"�;�• Notary Public '\ci\15c) Minnesota Mr om ss a • ...lama 31 2021 0 ublic (stamp) CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Sue Kotchevar, Office of the Approve 2018 Unbudgeted Fund Transfers VIII.E. City Manager/Finance Requested Action Move to: Approve 2018 unbudgeted fund transfers. Synopsis As part of the audit of the City's financial statements, the year-end unbudgeted transfers are summarized and reported to the City Council. The City Council acceptance of the transfers is a recommended practice by the City's auditors. Most of the transfers are related to the transferring of assessment revenue and the various funds share of a project. Attachment Transfer Schedule City of Eden Prairie Transfer Schedule 12/31/18 Transfer Transfer In Out Amount Explanation Allocation of Costs General Fund Senior Board $ 3,500 Transfer the Senior Board's share of various programs/projects 2016A GO Bonds-West 70th St. Flying Cloud Drive 160,000 Transfer excess assessments from Flying Cloud Drive to West 70th Extension project G.O.Permanent Improvement Bonds 12C Shady Oak Road North 1,600,000 Transfer Shady Oak Road North Fund's share of assessments North/South Road General LRT 41,572 Transfer costs that pertain to Light Rail Transit Town Center General LRT 309,041 Transportation Fund share of Light Rail Transit CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. 19809 ITEM NO.: Denise Christensen Approve Professional Services VIII.F. Public Works/Engineering Agreement for Pavement Evaluation Services from GoodPointe Technology Requested Action Move to: Approve Professional Services Agreement for pavement evaluation services from GoodPointe Technology in the estimated amount of$57,390.00. Synopsis As part of our pavement management system,periodic evaluations or condition rating surveys are necessary to effectively manage our city street network. Historically, we have performed these surveys on a three-year cycle on our entire street network(currently estimated at 235 miles). Our last survey was completed in 2016 by GoodPointe Technology(our Pavement Management Consultant). The cost for these services will be financed by our Capital Improvement Plan/Pavement Management Program. Background Information The results of this pavement evaluation survey will provide us current information on our street conditions. This current information along with the historical data in our pavement management system provides us a tool in budget preparation for our pavement maintenance needs, as well as selecting specific maintenance projects. Attachments Professional Services Agreement Exhibit A - Goodpointe Proposal for Pavement Evaluation Services Agreement for Professional Services This Agreement ("Agreement") is made on the 17th day of April, 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and GoodPointe Technology ("Consultant"), a Minnesota company (hereinafter "Consultant") whose business address is 287 East 6Fh Street, Suite 200, St. Paul, MN 55101. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Pavement Evaluation Services for Pavement Management hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (Goodpointe Technology Proposal dated March 26, 2019) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions,terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from April 17, 2019 through October 31, 2019 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 57,390.00 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. Version 2017 06 01 b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any,due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private Iands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such Page 2 of 10 documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City,the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. Page 3 of 10 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Page 4 of 10 Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned,hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two(2)years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for Page 5 of 10 loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. 1. It shall be Consultant's responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten(10)days' prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-,unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence) and regardless of the extent to which the underlying occurrence(i.e.,the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that Page 6 of 10 this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen(15)days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in Page 7 of 10 the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Page 8 of 10 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties,obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six(6)years after the effective date of this Agreement. Page 9 of I 0 b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect,the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Ronald A. Case,Mayor Rick Getschow,City Manager CONSULTANT GOODPOINTE TECH ❑LOGY,LLC By: �'l Its: pa-e-c, &Ai Page 10 of 10 Exhibit A. Scope of Work, Pavement Evaluation Services March 26, 2019 Good Pointe Technology Page 1 of 4 EXHIBIT A. Scope of Work This EXHIBIT A. SCOPE OF WORK document along with the City's: Standard Professional Services Agreement shall constitute the entire set of authorization documents for this project. GoodPointe Technology proposes to provide the City of Eden Prairie with the following services: I f.1,y:t s z_\j I I I I m►I')I i fsl► u11:41 'A'1 f_\I►I I:X/_1►w1'7 I I YA Ia1 The Pavement Condition Index (PCI) data collection survey will cover the selected streets within the City of Eden Prairie pavement network. The surface condition survey proposed in this task is a walking survey in which 100 percent of the street surface will be surveyed. At a minimum, the following bituminous pavement distress types will be collected as part of the PCI Pavement Condition Survey: Alligator Cracking Flushing Potholes Block Cracking Heaving Raveling Bumps Lane-Shoulder Drop Off Reflective Cracking Corrugation Longitudinal/Transverse Cracking Rutting Depression Patching Shoving Edge Cracking Polished Aggregate Slippage Cracking GoodPointe Technology will enter the data from the pavement condition survey, calculate the PCI and then update the City's ICON system database at the GoodPointe data center. The City will be able to run budget scenario runs immediately after the installation of the updated databases. I r_1,y;rj IsiUJ.14 It 11 1 1I1:�_1►��1fft•IU_1 I 1aK•1►I I J.] f 11 We take great pride in providing high quality condition survey data and recommend the following set of quality control (QC) procedures to be applied for our Pavement Condition Index (PCI) survey for the City of Eden Prairie: 2.1) Have a Pre-Survey Meeting In case there are some specific pavement condition issues or judgment calls the City would like to establish before the survey proceeds, GoodPointe and designated City staff will have an onsite meeting at the City and/or will travel out to the field to review and discuss these items. 2.2) Initial Stages Quality Control Evaluation—Distress Level GoodPointe proposes to apply the following distress-level, quality control procedures for the initial stages of this project. For the first five (5) percent of pavement condition Exhibit A. Scope of Work, Pavement Evaluation Services March 26, 2019 Good Pointe Technology Page 2 of 4 survey data collected for this project, the senior project engineer in charge of data collection is assigned the responsibility of providing field quality control services, which will include a follow-up 100% inspection of the data at the distress level and make any notes regarding any inconsistencies noted in the data. For example, if the senior project engineer notes that'edge cracking'was underestimated in the initial survey, then that survey will be flagged for re-evaluation and correction. Based on the results of this quality control review, the GoodPointe senior engineer will apply corrective action, which will include, but not be limited to: retraining, rotation of raters, and possible replacement. 2.3) Post Survey Check GoodPointe will take the PCI calculated from the 2019 survey and compare it to the most recently calculated PCI (called 'Today's Estimated PCI), the latter of which factors in the latest applied (global strategy) paving project (e.g. seal coat, overlay, reconstruct, etc.) and the PCI obtained from the previous network level pavement condition survey performed for the City in 2013. If the absolute difference between the two above-referenced PCI values is >= 10 PCI points, GoodPointe will physically travel back to the pavement section and verify if the survey data is accurate in the latest survey and/or if there are explainable differences between the distress types/quantities of the two surveys. For example, the former survey may have had significant amounts of longitudinal/transverse cracking and, during the time elapsed between surveys this cracking may progress to form extensive block cracking in the latter survey; if so, we would conclude the survey data is reasonable and the PCI difference is justified. If we do find condition data in the latter survey that needs to be corrected, then we will correct it. After we have re-audited and made any necessary corrections to the PCI data, we provide you with the list of PMS sections that have a greater than 10 point difference (up or down) relative to the latest survey, so that you are aware of these sections. 2.4) Maintenance CI check. If there still remains a PCI increase from the former survey to the latter survey, GoodPointe will query the project database to check whether a) maintenance activity has been entered and if b) a corresponding Maintenance CI has been calculated for the given project. In some cases, it will be quite obvious in the follow-up survey that major rehabilitation work has been done since the last survey, since there will be few or no distresses present on the pavement surface. Since we also display the date of the latest maintenance entered into ICON on our data collection sheets or PDA, we will make a note on the pavement condition survey that some maintenance has likely occurred and then report that back to you at the conclusion of the project. Depending on how former surveys have been implemented for the roadway pavements, GoodPointe is willing adjust the above steps accordingly. We are open to discussing the addition of other QA/QC procedures and/or adjusting the survey methodology to better conform to the way the ICON system needs to work for the City of Eden Prairie, but reserve the right to resubmit our cost estimate to cover any anticipated increase in consulting effort to execute the procedures successfully. Exhibit A. Scope of Work, Pavement Evaluation Services March 26, 2019 Good Pointe Technology Page 3 of 4 ASK 3. EXECUTIVE SUMMARY REPOR An executive summary report on the City pavement network will be delivered to the City. This report will include the information collected in this project and will highlight: • Current inventory mileage totals of the network according to the reporting categories defined in the City pavement management system (pavement type, functional class, neighborhood, etc.); • The current pavement condition of the network according into the reporting categories mentioned above and summary information to show the overall trends in pavement condition for the last four pavement surface condition surveys (1995, 1998, 2001, 2004, 2007, 2010, 2013, and 2016); • An appendix which includes a listing of the pavement condition survey results for each pavement section (sorted by: ascending/descending PCI, alphabetical, etc.); and, • The completed report will be delivered to the City in MS Word format for storage and use in future presentations at the City. Information Required of the City In order to deliver a high quality work product to the City in this project, GoodPointe will require the following information before the work on this project proceeds: • Hardcopy maps (4 copies) of the pavement management sections in the area to be evaluated in this project; • Digital inventory file (XLS or MDB) of the pavement management sections in the area to be evaluated in this project, to include: o Survey Zone,Street Name, From/To Limits,Section Dimensions,and pavement surface type; o PCI from last survey and date of last survey; o Today's Estimated PCI(based on applicable pavement performance curve and time elapsed from last survey); o Date of most recent structural rehabilitation strategy(e.g.overlay or construction); o Most recent nonstructural maintenance projectto have occurred on each project section and the date of the project(e.g.'Sealcoat 6/1/2015','Crack Seal 9/1/2016', etc.). NOTE: The project information delivered to GoodPointe in advance of the project will serve to set the Quality Control expectations of these sections through the course of this project to its successful completion. Exhibit A. Scope of Work, Pavement Evaluation Services March 26, 2019 Good Pointe Technology Page 4 of 4 Cost Schedule - City of Eden Prairie Pavement Evaluation Services Basis of Payment: GoodPointe Technology will provide the services described in this proposal for the following costs. Task Unit Cost Units Total Cost 1 $215 per centerline mile to evaluate 246 $52,890* the high priority and regular priority surveys and to omit the sections exempted by the City. 2 $2,750 lump sum 1 $2,750 3 Executive Summary Report: $1,750 1 $1,750 Total Proposed $57,390 * The final cost will be determined by the actual miles surveyed. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: 18821 ITEM NO.: Carter Schulze Approve Work Order WO1 Under Master VIII.G. Public Works/Engineering Partnership Contract with MnDOT Requested Action Move to: Adopt resolution approving Work Order WO1 under Master Partnership Contract No. 1028133 with MnDOT. Background This Work Order of$44,444.00, which is the City of Eden Prairie's contribution,provides for survey and design engineering services for the Advanced Traffic Management System and Signal Optimization project located in the City of Eden Prairie and Hennepin County. Anticipated design completion and bid letting is spring of 2020. This project will be funded using state aid funds. Synopsis The Master Partnership Contract provides for an expedited process when either MnDOT or the City of Eden Prairie request services to be provided by the other agency. The services provided without a"work order" include routine technical services such as general training, material testing and inspection, traffic signs, concrete and bituminous plant inspections, traffic signal and lighting maintenance,bridge ratings and inspections, traffic counting, guardrail repair and maintenance, and bridge inspection and maintenance. More complex services will require a negotiated"work order"to provide a detailed scope of work and the associated costs. Costs over $20,000 require City Council approval. The Director of Public Works or the City Engineer are authorized to negotiate and execute work order contracts upon Council approval. Any services requested or provided during the five (5) year term of this contract will be by mutual agreement by both parties. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- APPROVE WORK ORDER WO1 UNDER MASTER PARTNERSHIP CONTRACT WITH MnDOT WHEREAS, the Minnesota Department of Transportation (MnDOT) wishes to cooperate closely with local units of government to coordinate the delivery of transportation services and maximize the efficient delivery of such services at all levels of government; and WHEREAS, MnDOT and local governments are authorized by Minnesota State Statutes Sections 471.59, 174.02, and 161.20 to undertake collaborative efforts for the design, construction, maintenance and operation of state and local roads; and WHEREAS, the parties wish to be able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to write "work orders" against a master contract would provide the greatest speed and flexibility in responding to identified needs, and WHEREAS, any work order over$20,000 requires approved by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that said Work Order WO1 under Master Partnership Contract No. 1028133 is hereby approved and the Director of Public Works or the City Engineer are authorized to execute the work order on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on April 16, 2019. Ronald A Case, Mayor ATTEST: SEAL Kathleen A. Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #19811 ITEM NO.: Carter Schulze Approve Professional Services Agreement with SRF VIII.H. Public Works/Engineering Consulting Group for West 62nd St Design Requested Action Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for West 62nd Street Design. Synopsis This Professional Services Agreement provides for the final design of West 62nd Street from Optum Way to the future Southwest Light Rail City West Station. Background Information As part of the North Shady Oak Road Improvements completed in 2013, improvements to West 62nd Street were completed up to Optum Way. The plans for the continuation of West 62nd Street were completed to 95% at that time. According to the United HealthCare Services, Inc (UHG) development agreement, Phase Three Improvements include the east segment of West 62nd Street and these improvements shall be constructed by the opening of the LRT for passenger service or by the time of occupancy for the UHG Phase Three, whichever occurs earlier. With the LRT moving forward, the Phase Three Improvements and the continuation of West 62nd Street are needed at this time. Financial Implications The Professional Services Agreement with SRF Consulting Group has an estimated cost of $169,509.00. Design and Construction costs for West 62nd Street will be assessed to UHG. Attachment Professional Services Agreement 2017 06 0! Agreement for Professional Services This Agreement("Agreement")is made on the 16th_day of A.pril_,2019,between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and SRF Consulting Group, Inc. ("Consultant"), a Minnesota corporation(hereinafter"Consultant")whose business address is One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443_. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons,firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for the Final Design of West 62nd Street Improvements hereinafter referred to as the "'Work". The City and Consultant agree as follows: 1. Scone of Work. The Consultant agrees to provide the professional services shown in Exhibit A (,SRF Proposal Letter dated April 9, 2019 ) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant, Any general or specific conditions,terms,agreements,consultant or industry proposal,or contract terms attached to or a part of Exhibit A are declined in full and,accordingly,are deleted and shall not be in effect in any manner. Term. The term of this Agreement shall be from April 17, 2019 through December 31. 2020 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $_1 69,509.00 for the services as described in Exhibit A. a, Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. Version 2017 06 01 c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary,the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to,design and construction standards that may be required in the preparation of the Work for the Project. d, City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions,receive information,interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name,job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471,391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an,itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original(or amended)amount of the contract, current billing, past payments and unexpended balance of the contract. Page 2 of 10 2017 06 01 b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c, Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement,the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County,Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law,without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven(7)days written notice delivered to the other party at the address written above. Upon termination under this provision,if there is no fault of the Consultant,the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. if however,the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake ar complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails Page 3 of 10 2017 06 01 within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City,the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is$10. For an unpaid balance of less than $100,the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City,or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law, b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Page4oflo 2017 06 01 Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 e. Commercial General Liability. The Commercial General Liability Policy shall be on ISO fonri CG 00 01 12 07 or CG 00 01 04 1.3, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract(including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. i, All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. Page 5 of 10 2017, 06 01 k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2)years following City's written acceptance of the Work. 1. It shall be Consultant's responsibility to pay any retention or deductible for the coverages required herein. M. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty(30) days' prior notice to the City,except that if the cancellation or non- renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten(10) days' prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such. Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City,the City's officials,agents and employees from any loss,claim,liability and expense (including reasonable attorney's fees and expenses of litigation)to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that Page 6 of 10 2017 06 01 applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity,the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii, Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen(15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims,damages, costs and expenses, including a reasonable amount as and for its attarney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement Page 7of10 2017 06 01 agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Re2ulations. in providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17, Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement maybe executed in multiple counterparts, each of which shall be considered an original. 19. Damages,. in the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation,attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. page sof10 20170601 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement,the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363-01, et, seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a scaled wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized,reputable overnight courier,properly addressed to the address Iisted on page I 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 rim 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, 1O days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. l f any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six(6) years after the effective date of this Agreement. page 9of10 2017 0601 b. Data Practices. Any reports,information, or data in any form given to,or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval.This Agreement is subject to the Minnesota Government Data Practice Act,Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored,used,maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver, Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect,the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONSULTANT SRF Consulting Grou Inc. By:y Its: YrG ' e bQ /— Page10of10 20170601 Fo ri SRF 8622.PP April 9,2019 Mi-. Carter Schulze,PE Assistant City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Subject Proposal for Professional Services for West 62nd Street Reconstruction Dear Mr. Schulze: SRF Consulting Group,Inc. (SRF) has assisted the City with preliminary design for West 62°d Street. Based on our recent discussions, we understand that the City is interested in transitioning the design process from preliminary to final design, allowing for bidding prior to the SWLRT project's construction. Scope of Services We propose to carry out the work as described in the attached detailed scope of services. Our work will include the following tasks necessary to deliver a final plan, specification, and estimate for the reconstruction of West 62nd Street: 1. Project Management and Quality Control 2. Coordination Meetings 3. Surveying and Mapping 4, Wetland Delineation and Mapping 5. Easement Descriptions and Sketches 6. Private Utility Coordination 7. Right of Way Acquisition 8. Construction Cost Estimates 9. Final Roadway Design (including Lighting,Drainage/Water Resources, Retaining Walls,Traffic Signals,Landscaping) 10. Permits 11. Bidding Administration www.srfconsulting.com 1 Carlson Parkway North,Suite 150 I Minneapolis,MN 55447-4453 1763,475.0010 Fax:1.866.440,6364 An Equal Oppartunit)y Employer Mr. Carter Schulze,PE April 9,2019 City of Eden Prairie Page 2 Basis of Payment/Budget We propose to be reimbursed for our services on an hourly basis for the actual time expended. Other direct project expenses such as printing,supplies,reproduction, etc.,will be billed at cost and mileage will be billed at the current allowable IRS rate for business miles. Business miles include only miles traveled in excess of an employee's normal commute to and from the office. Invoices are submitted on a monthly basis for work performed during the previous month. The estimated cost for providing services for the West 621id Street project is $169,509.00. Our fee has been estimated based on our proposed detailed work plan that was reviewed with City staff and our current understanding of the project. Changes in the Scope of Services It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Before any out-of-scope work is initiated, however,we will submit a budget request for the new work and will not begin work until we receive authorization from you. Notice to Proceed A signed Professional Services Agreement with a copy of this proposal, mailed or cm ailed led to our office,will serve as our notice to proceed.The email address is bkrugerudf4sriconsulting.corrk. We sincerely appreciate your consideration of this proposal and look forward to working with you on this important project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP,INC:. Becky Krugerud,PE (MN) Kenneth A. Holte,PE (MN WI IA) Principal Vice President This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. S:`mork.R bl\Pf 6r/s\2O t 7 Late,Profinf,i/.f\.1O593_11rere 52,4 ShveiV hest 62red Samet.danr CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: #19810 ITEM NO.: Carter Schulze Approve Professional Services Agreement with SRF VIII.I. Public Works /En meerin Consulting Group for Design Services for the West g g 70th Street East Segment Improvement Project Requested Action Move to: Approve Professional Services Agreement with SRF Consulting Group, Inc. for Design Services for the West 70th Street East Segment Improvement Project. Synopsis This Professional Services Agreement will provide design services for eastern portion of West 70th Street between the recently constructed West 70th Street and Shady Oak Road. Background Information The West 70th Street Improvement project includes two segments that have been individually identified in the Capital Improvement Plan and which will result in a continuous West 70th Street roadway connection between Flying Cloud Drive and Shady Oak Road. The west segment, completed in 2015, is the extension of West 70th Street from its current terminus westerly to Flying Cloud Drive. The east segment includes the reconstruction of the existing West 70th Street roadway to match the design of the west extension. The two segments of West 70th Street are divided by the proposed Southwest LRT alignment, which crosses West 70th and the Golden Triangle LRT Station. Design of the roadway will be coordinated with the Southwest LRT design. Although a final determination on schedule has not been made, it is currently anticipated that the construction of the east segment will be scheduled to coincide with Southwest LRT construction. Financial Implications The Professional Services Agreement with SRF has an estimated cost of$267,198.00. Funding for the project includes the Capital Maintenance and Reinvestment fund, Utility funds and the Economic Development Fund. Attachment Professional Services Agreement 2017 06 01 Agreement for Professional Services This Agreement("Agreement")is made on the _16,day of April_,2019,between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and 5RF Consuitina Grou Llnc. ("Consultant"), a Minnesota corporation (hereinafter "Consultant") whose business address is One Carlson Parkway North, Suite 150, Minneapolis, MN 55447-4443 . Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for the Final Design of West 70th Street improvements hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scone of Work The Consultant agrees to provide the professional services shown in Exhibit A(SRF Proposal Letter dated April 2019)in connection with the Work. Exhibit A is intended to be th.e scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly,are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from Afril 17, 2019 through December 31, 2020 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 267,198.00 _ for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. Version 2017 06 01 c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary,the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to,design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions,receive information, interpret,and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name,job title,the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original(or amended)amount of the contract,current billing, past payments and unexpended balance of the contract. Page 2 of 10 2017 06 01 b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c, Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement,the invoice or bill must include the following signed and dated statement: "l declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manner and Staffing The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. tandard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care, Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven(7)days written notice delivered to the other party at the address written above. Upon termination under this provision.,if there is no fault of the Consultant,the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however,the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant,and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten(10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails Page 3ofI0 201706nI within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than$100,the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City,or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Page 4of10 2017 06 01 Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CO 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance, In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of$2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance, Consultant agrees to maintain the professional Iiability insurance for a minimum of two (2)years following termination of this Agreement. e, Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City, i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. page.5of10 2017 06 01 k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2)years following City's written acceptance of the Work. 1. It shall be Consultant's responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30)days' prior notice to the City,except that if the cancellation or non- renewal is due to nonpayment, the coverages may not be terminated or non-renewed without ten (10) days' prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p, Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City,the City's officials,agents and employees from any loss,claim,liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence) and regardless of the extent to which the underlying occurrence (i,e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law lii.nits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that Pap 6of10 2017 06 01 applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity,the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen(15) days of receiving notice from the City. 12. indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims,damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided.The City may use the Information for its purposes and the Consultant also may use the information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement Page 7 of 10 2017 06 01 agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18, Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case, 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation,attorneys'fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted,and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein, Page 8 of 10 2017 06 01 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24, Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized,reputable overnight courier,properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit,that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations,rights and remedies otherwise imposed or available by law. 27. Services Not Provided For, No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severalr_ility, The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6)years after the effective date of this Agreement. Page 9 of 10 2017 06 01 b. Data Practices. Any reports, information,or data in any form given to,or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval.This Agreement is subject to the Minnesota Government Data Practice Act,Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received,stored,used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONSULTANT SRF Consulting Grou Inc. By: _7* ‘-::71-1.2/6— Its: 14e 82esrd Page 1.0of10 2017060! Whig SRF 8622.PP April 9,2019 Mr. Carter Schulze,PE Assistant City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Subject: Proposal for Professional Services for West 70`' Street Reconstruction Dear Mr. Schulze: SRF Consulting Group,Inc. (SRF) has assisted the City with preliminary design for West 70th Street, Based on our recent discussions,we understand that the City is interested in transitioning the design process from preliminary to final design, allowing for bidding prior to the SWLRT project's construction. Scope of Services We propose to carry out the work as described in the attached detailed scope of services. Our work will include the following tasks necessary to deliver a final plan,, specification, and estimate for the reconstruction of West 70th Street; 1. Project Management and Quality Control 2. Coordination Meetings 3. Surveying and Mapping 4. Traffic Operations Analysis 5, Wetland Delineation and Mapping G. Easement Descriptions and Sketches 7. Private Utility Coordination 8. Right of Way Acquisition 9. Construction Cost Estimates 10. Final Roadway Design (including Lighting,Drainage/Water Resources,Retaining Walls, Landscaping) 11. Permits 12. Bidding Administration www.srfconsulting.com 1 Carlson Parkway roan,Suite 150 I MInneepotis,MN 55447-4453 1763.475.0010 Fax:1.866.440.63E4 An Equal Opportuni:fy Employer 1 Mr. Carter Schulze, Pit April 9,2019 City of Eden Prairie Page 2 Basis of Payment/Budget We propose to be reimbursed for our services on an hourly basis for the actual time expended. Other direct project expenses such as printing, supplies,reproduction, etc,,will be billed at cost and mileage will be billed at the current allowable IRS rate for business miles. Business miles include only miles traveled in excess of an employee's normal commute to and from the office, Invoices are submitted on a monthly basis for work performed during the previous month. The estimated cost for providing services for the West 70`1'Street project is$267,198.00. Our fee has been estimated based on our proposed detailed work plan that was reviewed with City staff and our current understanding of the project. Changes in the Scope of Services It is understood that if the scope or extent of work changes,the cost will be adjusted accordingly. Before.any out-of-scope work is initiated,however,we will,submit a budget request for the new work and will not begin work until we receive authorization from you. Notice to Proceed A signed Professional Services Agreement with a copy of this proposal,mailed or erva.iled to our office,will serve as our notice to proceed.The email address is bkrugcrtele.srfconsuldng,cm. We sincerely appreciate your consideration of this proposal and look forward to working with you on this important project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP,INC. --11-)7ejt--"-ACV—Zre-71 7:Lb4-• Becky Krugerud,PE (MN) Kenneth A. 1-lolte,PE (MN WI IA) Principal Vice President This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. .f:1,h+lrrrAtti \1Nhosaft\2017LetterPrynis.710,i0S93_Idlestd2,dStmtA1Yfest70thStrea,doex CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: I.C. #19804 ITEM NO. Mary Krause Award Contract for 2019 Street Striping to VIII.J. Public Works/Engineering Warning Lites Requested Action Move to: Award contract for 2019 Striping to Warning Lights in the amount of$112,136.50. Synopsis Quotes were received Friday, March 29, 2019, for the 2019 Striping project. Three quotes were received and are tabulated as follows: Warning Lites $112,136.50 Sir Lines-A-Lot $120,585.00 AAA Striping Service Company $160,430.00 Background Information Street striping is an annual street maintenance project. The budget for 2019 is $100,000 under budget#1714-6337. The difference between the budgeted amount for striping and the actual quoted cost will be paid for through Pavement Management Funds. Staff recommends award to Warning Lites. Attachment Contract CONSTRUCTION SHORT FORM CONTRACT THIS AGREEMENT, made and executed this day of 2019, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Warning Lites, hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. 19804 -2019 Street Striping Project CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices quote 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 $112,136.50. 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. Proposal Form b. Construction Short Form Agreement (2) Special Conditions (3) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE By Its City Mayor By Its City Manager CONTRACTOR In Presence Of: By Its Its CITY COUNCIL AGENDA DATE: April 16, 2019 SECTION: Consent Calendar DEPARTMENT /DIVISION: ITEM DESCRIPTION: ITEM NO.: Police Replace Ford F-150 Police Vehicle#262 VIII.K. Paul Schlueter/Fleet Services Requested Action Move to: Award contract to Ford of Hibbing to purchase a new 2019 Ford F-150 Responder 4X4 pickup for a cost of$35,135.68. Synopsis Police Department special service vehicle#262 was approved for replacement by the City Council on October 16, 2018. It is the desire of the Police Department to replace this vehicle with a Ford F-150 Police Responder 4X4 pickup truck. Fleet Services typically purchases vehicles using the State of Minnesota Cooperative Purchasing Venture (CPV)under contracts that are already negotiated and in place with the State. This Ford F-150 4X4 Responder is not on any current State contract. Per City Purchasing Policy, Fleet Services solicited quotes for this equipment and a summary of the quotes received are noted below. Vendor: Quoted Price: Ford of Hibbing $35,135.68 Midway Ford $36,271.00 The low quote that met our specifications is from Ford of Hibbing. Staff is requesting approval and award of the contract to Ford of Hibbing for the quoted amount of$35,135.68. Funds for this purchase are included in the 2019 Fleet Capital Internal Service Fund budget. Attachment City of Eden Prairie/Ford of Hibbing— Standard Contract for Goods and Services 2017 06 10 Contract for Goods and Services This Contract ("Contract") is made on the 16th day of April 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Ford of Hibbing, a Minnesota Corporation (hereinafter "Vendor") whose business address is 1502 E Howard Street, Hibbing MN 55746. Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for supplying and delivering a 2019 Ford F-150 Responder 4X4 pickup truck hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by October 1, 2019. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of$35,135.68 with total payments not to exceed $35,135.68 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 6. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor's services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 7. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 8. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 9. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 10. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 11. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 12. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. Standard Purchasing Contract 2017 06 01 Page 2 of 5 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in Standard Purchasing Contract 2017 06 01 Page 3 of 5 all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. Standard Purchasing Contract 2017 06 01 Page 4 of 5 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager VENDOR By: Its: Standard Purchasing Contract 2017 06 01 Page 5 of 5 FORD of ip.., lig �` Bob O'Hara w,. . 218-349-8955 :: , r .1- - v.-- ri -- ,�-�.ww y. trill,' .ram - -To - LT• '' -to' j i,. :, 4-- y _ . �. a..., 4.001.". 40PLIIII). I ' 411 •107-'. - ) ( , 1 I ,. 5.[ I i J - - , s:, �. a1 - ,•, - itt _ Tim Carruth .,...._-_-1,111. 218-262-3881 ®�� 2019 FORD 4X4 RESPONDER CREW CAB PICKUP note: BASE STARTING PRICE DOES NOT INCLUDE ANY OPTIONS $32,939.6 3.5L ECO-BOOST STD 10 SPEED AUTOMATIC STD ELECTRONIC LOCKING REAR AXLE STD 8 WAY POWER DRIVERS SEAT STD VINYL SPLIT REAR SEAT STD HD VINYL FLOORING STD 2627 13th AVE HIBBING, MN 55746 218-262-3881 DEPARTMENT : CONTACT NUMBER: EMAIL: 2019 FORD RESPONDER PU "x" IN YELLOW CELLS OPTION REQUESTED ALL OPTIONS TOTAL PRICE WILL CALCULATE Option VEHICLE VEHICLE Price SPEC UNIT 1 UNIT 2 SPEC Base Starting Price does not include any options $32,939.68 $32,939.68 150A Equipment Group 150A STD X STD X STD 99G 3.5L EcoBoost STD X STD X STD 44G Electronic 10 speed automatic transmission STD XL9 E-locking 3.55 axle STD X STD X STD 153 Front License Plate Bracket(where available) N/C N/C N/C X N/C X N/C 435 Power-Sliding Rear-Window with Privacy Glass and Defroster 415.00 - - 595 Fog Lamps--XL 128.00 - - 924 Rear Privacy Glass--XL 92.00 - - Rear Privacy Glass-- w/435 Incl. Incl. 942 Daytime Running Lamps 41.00 x $41.00 - 17C Front/ Rear Chrome Bumper 161.00 - - 18B Running Boards, Black Platform 231.00 x $231.00 - 41H Engine Block Heater 83.00 - - 53A Trailer Tow Package Inc! backup assist 916.00 - - 54R Dual Power Glass/Manual Folding Mirrors w/Heat/Turn --XL 280.00 - - 54Y Manually Telescoping/Power Glass/Manual-Folding Trailer Tow Mirrors 364.00 - - 55B BoxLink--XL 73 80 73.00 - - 57Q Rear Window Defroster--XL (W/O 435) 203.00 x $203.00 - Rear Window Defroster--w/435 Incl. Incl. 203.00 - - INCL W/435 Power Sliding Rear Window 59S Super Puddle(LED Puddle/Side Mirror Light) 161.00 - - 61P Power Passenger Seat 10 Way 272.00 - - 63E Foldable Pick Up Box Bed Extender 231.00 - - 63S Pickup Box Access Step 299.00 - - 63T Tailgate Step 345.00 - - 67T Trailer Brake Controller 253.00 x $253.00 - 1 76R Reverse Sensing System 253.00 x $253.00 - 85H Back Up Alarm System 115.00 - - 90D Bed Divider(req. 55B) 272.00 - - -90R Bed Ramps (req. 55B)-- Late Availability 548.00 - 91A Smoker's Package 88.00 - - 94R Red/Blue LED Warning Strobes 667.00 x $667.00 - 94S Amber Warning Strobes 621.00 - - 96P Bedliner-- Plastic, Drop-In 323.00 - - 96T Tonneau Pickup Box Cover-Soft Folding 483.00 - - 96W Bedliner--Spray-In 548.00 x $548.00 - 96X Tonneau Pickup Box Cover- Hard 916.00 - - D1 STONE GRAY N/C - - UM AGATE BLACK i N/C - - J7 MAGNETIC N/C - - N1 BLUE JEANS 1 N/C - - E7 VELOCITY BLUE N/C -_ - PQ RACE RED N/C - - UX INGOT SILVER N/C -_ - YZ OXFORD WHITE N/C - - PG MEDIUM EARTH GRAY N/C X N/C X N/C `TOTAL FOR VEHICLE WITH OPTIONS IDENTIFIED: per unit $35,135.68 $32,939.68 SPECIAL DEALER OPTIONS NEEDED: Does not have any fleet keying options available CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Joe Dusek Approve Amendment to Professional Services VIII.L. Public Works/UtilitiesAgreement with Badger State Inspection, LLC for Hidden Ponds Water Tower Reconditioning Requested Action Move to: Approve an Amendment to the Standard Agreement for Professional Services with Badger State Inspection, LLC for Hidden Ponds Water Tower Reconditioning Project. Synopsis This amendment will cover additional engineering and inspection services provided by Badger State Inspection beyond the initial scope of work in the agreement. Background Information The agreement with Badger State Inspection provided plan preparation, specifications,project administration, engineering, and inspection services for the sandblasting and recoating of the Hidden Ponds Water Tower. As the project unfolded, there were unforeseen items that required an amendment to the original agreement. Items beyond the scope of work in the agreement include additional consultant work involved in the creation of a performance-based specification required by the City, additional inspection services for the replacement of a large portion of the tank shell, and due to the wet weather in 2018; the project completion was pushed back into 2019. A portion of the amendment will cover the time to supervise the remaining work to close out the project. Even with the accrual of these additional costs, the total cost of the project is under the Engineer's estimate of 1.5 million dollars and well below the second lowest bidder. All costs accumulated within this agreement will be paid from the Water Utility Fund. Attachments Amendment to Standard Agreement Exhibit A AMENDMENT TO Standard Agreement for Professional Services This Amendment to Standard Agreement for Professional Services (Amendment) is made on the 16th day of April , 2019 , between the City of Eden Prairie, Minnesota (hereinafter"City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Badger State Inspection, LLC hereinafter "Consultant")whose business address is P.O. Box 157, Osseo, WI 54758. WHEREAS City and Consultant entered into a Standard Agreement for Professional Services on the 141' day of November , 2017 for the work described in Exhibit A thereto; WHEREAS City and Consultant desire to amend paragraph 3 of the Agreement relating to the Compensation of Services to be paid to the Consultant. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. Compensation for Services: Paragraph 3 entitled "Compensation for Services" is amended to state that the City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 30,887.00 for the services as described in Exhibit A. a. The reason for the additional compensation is due to additional consultant work involved in the creation of a performance-based specification required by the City, unforeseen additional inspection services for the replacement of a large portion of the tank shell, and due to the wet weather in 2018; the project completion was pushed back into 2019. A portion of the amendment will cover the time to supervise the remaining work to close out the project. 2. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 3. Entire Agreement. This Amendment constitutes the entire agreement between the parties with respect to the matter herein contained and all prior negotiations with respect to the subject matter herein contained are merged into and incorporated into this Amendment, and all prior documents and correspondence between the parties with respect to the subject matter herein contained (other than the Agreement) are superseded and of no further force or effect. 4. Binding. This Amendment shall be binding upon and unsure to the benefit of the parties hereto. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager Badger State Inspection, LLC By: Its: BAD G 1kR STAY 114, INS P H;CTION9 LL C Water Tower Inspection/Antenna Installation Inspection P.O.Box 157,Osseo,WI 54758 715-533-8686 April 9, 2019 City of Eden Prairie Rick Wahlen/or Accounts Payable 14100 Technology Drive Eden Prairie, MN 55344 RE: Change Order Request for Inspection Services,Recondition&Design Services for Dell Road (Hidden Pond) Water Tower in City of Eden Prairie Dear Mr. Wahlen, Badger State Inspections, LLC. (BSI) requests a supplement to the original professional services agreement for engineering and inspection services for Improvement Project 187030, Hidden Ponds Water Tower Reconditioning, in the amount of$30,887. Justification for the requested additional fees includes the following: 1) BSI planned approximately 75 hours of consulting work for the preparation of the project specifications for the Hidden Ponds Water Tower Recoating project, including 55 hours of support from WSB and Associates. Due to additional consultant work involved in the creation of a performance-based specification required by the City, BSI incurred costs of$10,587 beyond our planned budget for this phase of the project. 2) BSI provided plans and specifications as well as additional inspection services for welding repairs of the water tower when a large area of the tank shell was discovered during the sand-blasting phase to have extensive pitting. The steel had to be removed and replaced for structural reasons. This unforeseen and unbudgeted repair required BSI to manage this additional phase of the project and provide engineering guidance to the contractor, including supplemental construction plans for the welding repair. This two-week extension to the project also resulted in additional inspection time to verify the integrity of the welding repairs. Additional costs to BSI for this phase of the project requested from the City are $5,300. 3) Untimely wet weather throughout the 2018 summer and fall months created many delays to construction progress which ultimately pushed the completion date of the project into the spring of 2019. Although some of these delays will be negotiated to be borne by the contractor at his expense, BSI respectfully asks for$15,000 in additional inspection fees to cover the time necessary to supervise the remaining work to close out the project. This amount is a not-to-exceed value and will only be billed based on work that is actually performed, and by what is not covered by the general contractor upon negotiation of the final payment. Appreciatively, - .- -7.,-- C7, 711-1"e--------- Kelly Mulhern Owner Badger State Inspection LLC 715-833-8686 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Rick Wahlen Approve Contract with R&H Painting VIII.M. for Manhole Repairs & Lining Public Works/Utilities Requested Action Move to: Approve Construction Contract with R&H Painting,LLC. In the amount of$40,000 to Perform Manhole Relining Repairs of Five Sanitary Sewer Manholes using the Spectra Shield synthetic chemical grout system. Synopsis Utilities Division repairs manhole leaks throughout the city each year. In 2018, the Division repaired 249 sanitary sewer manholes and stormwater catch-basins by manually removing and replacing defective components. Manholes which leak,but are structurally sound can be repaired by lining the concrete structure with a self-sealing plastic grout system. This contract will repair five manholes in that manner. Background Information Inflow and Infiltration(I&I) is a problem that impacts every community with a sanitary sewer system. I&I results when ground or surface water makes its way into the sanitary sewer, effectively robbing the sewer system of capacity that should be reserved for wastewater. Repairing leaking manholes is one facet of I&I reduction, and is recognized as a mitigation effort that is reimbursable through a Metropolitan Council I&I grant awarded to the city for the years 2017 through 2019. This contract using a product called Spectra Shield manufactured by CCI Spectrum will augment the city's manual repairs performed by city staff, and is one of two commercially applied manhole sealing methods we are contracting. A previous contract was awarded for 2019 which will repair a similar number of manholes using the Zebron synthetic repair method. Both repair methods will be evaluated over time for performance. All costs associated with this contract will be paid from the wastewater utility enterprise fund, and will be reimbursed from the Metropolitan Council grant program after the conclusion of the grant period in October 2019. Attachments Contract Scope of Work 2017 06 01 Agreement for Contract Services This Agreement ("Agreement") is made on the _2nd day of April_, 20 19 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _R&H Painting, LLC._, a Minnesota Limited Liability Company (hereinafter "Contractor") whose business address is 15725 US Hwy 12 SW, Cokato, Minnesota 55321 . 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 _Repairing Inflow and Infiltration at Five City-Owned Sanitary Sewer Manholes By The Installation of the SpectraShield Liner System_hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of April _16_, 20_19_. The Work shall be completed by November 1, 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. Access to water for the installation equipment. b. A secure site in which to store the installation equipment overnight. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum not to exceed $_40,000` 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 Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 10 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 insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 10 Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. 1. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-,unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 10 Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable 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 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 Page 7 of 10 regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties,unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all Standard Agreement for Contract Services 2017 06 01.01 Page 8 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 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR By: Its: Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 10 RI, EDEN April 16, 2019 PRAIRIE SCOPE OF WORK MANHOLE INFLOW & INFILTRATION REPAIR, SPECTRASHIELD LINER SYSTEM METHOD The City of Eden Prairie Water Utility, Eden Prairie, MN, hereafter referred to as "City," provides the following scope of work for the repair of four pre-identified sanitary sewer manholes using the SpectraShield Liner Systems. Please direct questions regarding the project to: Rick Wahlen—Manager (952) 294-5908 rwahlen@edenprairie.org Andy Allmann—Utility Field Operations Lead (952) 294-5902 aallmann(a,edenprairi e.org Page 1 City of Eden Prairie Water Utility April 16,2019 SCOPE OF WORK—MANHOLE INFLOW&INFILTRATION REPAIR SCOPE OF WORK The work required of the CONTRACTOR will include the following items: 1. Pre-mobilization preparation- The work under this section shall include a review of existing plans for each sanitary sewer manhole, inspection of the manhole integrity at each of the four locations, and planning for the removal of spalling or delaminating concrete where found that would create an imperfect bond. If initial inspection determines that considerable repair is found to be necessary, contractor will advise the City prior to mobilization to allow the City to perform the repairs or designate an alternative manhole. 2. Mobilization—Contractor will perform the work for this entire project under one mobilization. Should circumstances beyond the control of the contractor, as described in paragraph 5.b. (Compensation for Services) and paragraph 8 (Standard of Care) of the agreement, the contractor is entitled to an additional $900 per additional mobilization if approved in advance by the City. 3. Construction - The work under this section shall include the following: a. The contractor shall supply all labor, material, equipment and supervision of the work required to install SpectraSheild Liner Systems in accordance with the manufacturer's installation specifications for the locations near the following addresses: • 17228 Round Lake Road • 13993 Anderson Lakes Parkway • Purgatory Creek& Creek Knoll Rd- in creek • 11300 Riverview Road • Riverview Road& Huntington Drive • The contractor shall perform the following minimum steps: b. Inspection: 1) Assess each site to ensure the work planned will be performed in compliance with all local, state, and federal regulations including those set forth by OSHA, EPA, the City, and any other applicable authorities. 2) Determine the need for protection against hazardous gases or oxygen depleted atmosphere. 3) Assess the need for sewage flow control or flow diversion. 4) Submit a flow control/bypass plan to the City for approval prior to conducting the work. 5) If new concrete is found in the structure, ensure the Portland cement has cured at least 28 days prior to the installation of the liner system. Page 2 City of Eden Prairie Water Utility April 16,2019 SCOPE OF WORK—MANHOLE INFLOW&INFILTRATION REPAIR c. Surface Preparation: 1) Throughout all surface preparation efforts, monitor the atmosphere within the structure for hazardous and flammable gases and low oxygen levels in accordance with all applicable regulations. 2) Clean the manhole surfaces with a high pressure water, hydro-blasting, abrasive blasting, mechanical grinding, and/or detergent water cleaning to ensure the manhole repair substrate is clean, free of debris, and structurally sound. 3) Ensure the surface of the structure to be covered by the liner system is clean, abraded, and shows no evidence of laitance, loose concrete,brick or mortar, contaminants or debris. The material to be lined shall display a surface profile sufficiently rough to be suitable for applicaton of the liner system. 4) Following surface preparation, inspect for: 1. Leaks 2. Cracks 3. Holes 4. Exposed Rebar 5. Condition of the Ring and Cover 6. Condition of the Invert 7. Condition of the Inlet and Outlet Pipes 5) Perform repairs discovered during the above inspection in the following manner: 1. Repair all leaks with a chemical or hydraulic sealant designed for use in field sealing of ground water. 2. Repair severe cracks with a urethane based chemical sealant, ensuring the product to be used is first approved by the owner. 3. Repair exposed rebar, defective pipe penetrations or damaged inverts using non-shrink grout or an approved alternative. d. Material Installation: 1) Ensure all application procedures conform to the manufacturer's recommendations, including materials handling, materials mixing, environmental controls during application, safety equipment, and spray equipment. 2) Spray equipment must be specifically designed to accurately blend component parts of the system at the appropriate ratios prescribed by the manufacturer for this liner system. 3) Application of the multi-component system will strictly follow the manufacturer's recommendation. Final installation of the surface or exterior layer of the coating system shall ensure there is a minimum coating thickness of 500 mils. 4) A permanent date stamp shall be impressed in the liner material in a readily visible location. 5) Provide a written report to the owner describing all repairs performed at each location serviced by the liner system. Page 3 City of Eden Prairie Water Utility April 16,2019 SCOPE OF WORK—MANHOLE INFLOW&INFILTRATION REPAIR e. Post-Installation Quality Assurance Inspection: 1) Inspect the liner system to ensure the final layer is completely free of pinholes, bubble voids, or other gaps showing the white intermediate layer beneath. 2) Verify the thickness of the liner system. Ensure the prescribed minimum thickness of 500 mil is installed in all areas of the structure receiving the liner system. 3) Owner will perform a visual inspection of the final product. Any deficiencies discovered by the owner in the finished liner shall be marked and repaired in accordance with the manufacturer's prescribed repair procedures. 4. Additional Materials: It is possible the Purgatory Creek manhole may require a greater quantity of chemical grout than estimated from the preliminary survey of the structure. Any quantity of grout required for this site greater than 20 gallons will be billed to the city at the rate of$1,000 per 5-gallon kit. 5. Warranty—Contractor shall provide a warranty for the Spectra Shield coating repair for period of 10 years against failure. Failure for the purposes of this warranty will be described as coating disbondment, pinholes in the coating, leakage or seepage of water from behind the coating wherever the coating is applied. If the liner system fails to prevent the internal deterioration or corrosion of the structure or fails to protect the substrate from contamination by effluence, or fails to prevent groundwater infiltration within 10 years of the initial completion of work, the contractor will repair the damage and restore the lining at no cost to the owner within 60 days of written notification of the failure. Failures caused by mechanical abuse, chemical destruction, or acts of God shall not covered by this warranty. Mechanical abuse consists of cuts, or tears created by the introduction of ladders, tools, or other items into the manhole which are not normally part of the structure. Chemical destruction is the introduction of chemical substances that are not customarily present in wastewater or are not normally used in the cleaning or maintenance of the structure which break-down the integrity of the liner system. Contractor will provide a certificate of warranty to the city upon completion of the project. Page 4 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Matt Bourne, Parks and Professional Services Agreement with HTPO VIII.N. Natural Resources Manager, for the Staring Lake Park Building and Parks and Recreation Parking Lot Projects Motion Move to: Authorize entering into a Standard Agreement for Professional Services with HTPO for construction administration services related to the Staring Lake Park Building and Parking Lot projects at a cost not to exceed $73,600. Synopsis Staff recommends entering into a professional services agreement with HTPO for civil engineering and surveying services for the construction phase of the Staring Lake Park Building and Parking Lot Improvement projects. Background City staff entered into an agreement with HTPO for the conceptual design and development of plans and specifications for site work of this project in January. The project was bid and the contract for the new park building was awarded to Ebert Construction at the March 19, 2019 Council meeting. HTPO has performed similar work for the Round Lake Phase II and Cedar Hills Park projects and staff feels very comfortable recommending them for this project. The proposal from HTPO is in line with our estimate and staff recommends approval of this contract. Attachment Standard Agreement for Professional Services 2017 06 01 Agreement for Professional Services This Agreement ("Agreement") is made on the 16th day of April, 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen, Thorp, Pellinen, Olson, Inc., a Minnesota Cooperation (hereinafter "Consultant") whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for civil engineering and surveying services for the construction phase for Staring Lake Park Building and Parking Lot projects hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from April 16, 2019 through the completion of the work the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $73,600.00 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental Version 2017 06 01 actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Page 2 of 12 2017 06 01 b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Page 3 of 12 2017 06 01 Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products—Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Page 4 of 12 2017 06 01 Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant's responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain "stop gap" coverage if Consultant obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All policies, except the Professional Liability Policy, shall apply on a "per project" basis. h. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker's Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. Page 5 of 12 2017 06 01 1. It shall be Consultant's responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten(10) days' prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-,unless specifically accepted by City in writing. o. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence) and regardless of the extent to which the underlying occurrence (i.e.,the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. Page 6 of 12 2017 06 01 If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen(15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof GENERAL TERMS AND CONDITIONS Page 7 of 12 2017 06 01 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties,unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, Page 8 of 12 2017 06 01 color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Page 9 of 12 2017 06 01 Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONSULTANT By: Its: Page 10 of 12 2017 06 01 Exhibit A Scope of Services 1. Construction Administration We will provide construction administration services, including: a. Preparation of revised submittal documentation and drainage calculations to Watershed District for Alternate 2. b. Communications with Contractor, Watershed District, MAC/FAA and private utility companies. c. Coordination with Architect Design Team. d. Coordination with Geotechnical Engineer. e. Attend and conduct up to two (2) preconstruction meetings. f. Attend up to twenty-two (22) construction progress meetings. g. Review and respond to shop drawings, submittals and RFIs. h. Review contractor meeting minutes, pay requests and record drawings. i. Project closeout. 2. Construction Observation We will provide up to 240 hours of construction observation services, including: a. Half-time observation during critical phases of site-related construction. b. Review of site restoration work. c. Final walk through and punch list. 3. Construction Staking We will provide construction staking services for the pavilion project, including: a. Stakes for building foundation corners. b. Stakes for erosion control and limits of construction. c. Mass grading stakes. d. Line and grade stakes for the water line and hydrant, one sanitary structure and storm sewer lines and structures. e. Line and grade stakes for concrete curb and gutter, concrete pavement and bituminous pavement. f. Line and grade stakes for light poles and permanent signs. g. Verify as-built of visible utilities. Page 11 of 12 2017 06 01 4. Geotechnical Services Braun Intertec will provide Geotechnical services for the pavilion project, including: a. Soil and Paving Related Services: • Observe and evaluate the soils exposed in excavations to determine if the soils are similar to those encountered with the geotechnical evaluation and suitable for support of fill, foundations or pavements. Our engineer can provide consultation for conditions that appear to differ from the geotechnical evaluation, • Perform laboratory Proctor tests to determine the maximum Proctor dry densities and optimum moisture contents of prospective fill materials. • Observe the placement and compaction of fill. • Test compacted fill placed below building footprints and oversizing areas, below slabs and/or pavements, adjacent to walls, in utility trenches, and in areas for which compaction specifications have been provided. • Observe test rolls of the pavement subgrade soils and/or aggregate base layer to determine if the materials tested are capable of supporting bituminous. • Perform double-ring infiltrometer testing for the new stormwater BMPs. b. Concrete Related Services: • Observe concrete reinforcement placement. • Observe the general placement of bolts and other embeds in the plastic concrete. • Sample and test the plastic concrete for slump, air content, temperature and prepare test cylinders for laboratory compressive strength testing. We will perform concrete testing on structural items as required by the IBC. Though not required by the IBC we have included testing for the interior slab on grade, exterior sidewalks, curb and gutter, and pavement. • Observe the concrete placement and test sample preparation. • Perform laboratory compressive strength testing of the concrete samples. • Observe the installation of post-installed anchors on a periodic basis. c. Structural Steel Related Services: • Observe and test the structural steel welded and bolted connections in the field. • Observe and document the installation of the base plate anchor bolts. • Observe the installation of post-installed anchors. Page 12 of 12 2017 06 01 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Matt Bourne, Parks and Award Contract to Odesa II for the Community VIII.O. Natural Resources Manager, Center Plaza Replacement Project Parks and Recreation Motion Move to: Accept bids and award contract to Odesa II for the Eden Prairie Community Center Plaza Replacement Project at a total cost of$49,000.00. Synopsis The landscape pavers on the main entrance plaza at the Eden Prairie Community Center have degraded to the point where many of them are falling apart and causing trip hazards. Staff researched the many products available in our area and found that the Techo-Bloc paver is constructed to a more stringent specification than most other pavers in the U.S., giving it a superior resistance to salt damage. The Council approved the purchase of these pavers at its April 2nd meeting and Odesa II will assist the City with the replacement of the pavers. Odesa II has done similar work throughout out park system and staff is very comfortable working with them. Contractor Quote Odesa II $49,000.00 Blackstone Contractors $111,450.00 Funds for this project are included in the Capital Improvement Plan (Capital Maintenance and Reinvestment Fund). Attachment Standard Agreement for Contracted Services—Odesa II 2017 06 01 Agreement for Contract Services This Agreement ("Agreement") is made on the 16th day of April, 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Odesa II, LLC, a Minnesota corporation (hereinafter "Contractor") whose business address is 9003 Mayhew Lake Rd NE, Sauk Rapids, MN 56379. 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 Eden Prairie Community Center Plaza Replacement 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 April 15, 2019. The Work shall be completed by June 30, 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 a fixed sum of$49,000.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 12 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 insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 12 Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. 1. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-,unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 12 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 12 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 12 shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 12 regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties,unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 12 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 12 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR By: Its: Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 12 Exhibit A Scope of Work 1. City will perform the removal of existing pavers and planting beds, including existing materials associated with those beds (retaining walls,plant material, soil, etc.) 2. Contractor is responsible for the leveling of existing bedding material and installation of new landscape pavers according to plan below. 3. Contractor will build new retaining walls from salvaged material as shown on the plan. Standard Agreement for Contract Services 2017 06 01.01 Page 11 of 12 City of Eden Prairie ... , -:1, 5'x iIijor P II' Existing wall and r -.• Pavers to be graded dr and seeded by City Agi --\..... '.4:..`, 4 ' ♦ New raised bedsApr• '' (reuse wall blocky 4 411t- : --.. • .• a . + M • • �N) Nev •Parer area • •, • - OE' • lib , highlighted in enllc•'w i • •a �l • 1 y + *• a + .11 to• 4 • . * r R • 4 -y -- • / .► ,... . ' * NI\ , IL 41St, i -., DesaiPiion i - — F mil mi .'. _ "��~ mil mi a o...a �. a b.,.« a ~ li■ o O. I 110075in Seale:1:300 m. ,.,,, w.ee,.. ,�k h..a., ,. 10 Standard Agreement for Contract Services 2017 06 01.01 Page 12 of 12 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Matt Bourne, Parks and Authorize Entering into Contract with Green VIII.P. Natural Resources Manager, Acres for the Staring Lake Park Irrigation Park and Recreation Project Requested Action Move to: Approve Standard Agreement for Staring Lake Park Irrigation Installation to Green Acres Sprinkler Company in the amount of$24,215.00. Synopsis Staring Lake Park has a large turf field that is heavily used by the Eden Prairie Lacrosse Association and City Adult Athletics programs. An irrigation system will be installed on the field to improve the playing conditions and allow for addition game usage. Background With the increase in demand for open turf field space from groups like lacrosse, cricket and soccer, the City has been converting areas that previously saw little use into game quality fields. The turf field at Staring Lake Park is one of these areas that has been utilized by the EP Lacrosse Association for the last number of years. Last summer, the city converted the aglime infield into additional turf space to increase the playing area that could be utilized by youth lacrosse teams. The current irrigation system at this park was upgraded during the playground project and designed for easy extension to the turf field. This project would connect to that existing mainline. Green Acres has completed similar irrigation projects in many of our parks and staff feel comfortable working with their staff. Attachment Standard Agreement for Contracted Services 2017 06 01 Agreement for Contract Services This Agreement ("Agreement") is made on the 16th day of April, 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Green Acres Sprinkler Co., a Minnesota corporation (hereinafter "Contractor")whose business address is 6518 Cambridge Street, St. Louis Park, MN 55426. 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 installation of irrigation system at Staring Lake Park hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of April 16, 2019. The Work shall be completed by July 1, 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 park are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor's personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City's no smoking policies. e. Contractor must honor the City's request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor's personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City's Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of$24,215.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 11 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 insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 11 Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain "stop gap" coverage if Contractor obtains Workers' Compensation coverage from any state fund if Employer's liability coverage is not available. e. All policies, except the Worker's Compensation Policy, shall name the "City of Eden Prairie" as an additional insured. f. All policies, except the Worker's Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the "City of Eden Prairie" as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker's Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City's written acceptance of the Work. k. It shall be Contractor's responsibility to pay any retention or deductible for the coverages required herein. 1. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days' prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days' prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-,unless specifically accepted by City in writing. n. A copy of the Contractor's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor's Work. Upon request a copy of the Contractor's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 11 Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City's right to enforce the terms of Contractor's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor's Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City(including sole negligence) and regardless of the extent to which the underlying occurrence (i.e.,the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen(15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 11 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY'S REMEDY OR THE CONTRACTOR'S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party ("notifying party") who desires to terminate this Agreement for breach or non-performance of the other party ("notified party") shall give the notified party notice in writing of the notifying party's desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City's premises any and all of Contractor's equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 11 shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 11 regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties,unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 11 subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 11 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONTRACTOR By: Its: Standard Agreement for Contract Services 2017 06 01.01 Page 10of11 Exhibit A The sprinkler system installed at the above address will include the following components: 1 5/8 Grounding Rod, Clamp,and 10ft.of#6 Ground Wire 6 Baseline BL5201 Decoder 1 Hunter Dual Surge Arrestor 1 Baseline Soil Moister Sensor 6 Rainbird 2" PGA Elec. Valve 42 Hunter I-25 Stainless Steel 1 Misc Fittings 1080 1 1/2" PVC Pipe Installed 720 2" PVC Pipe Installed 480 2 1/2" PVC Pipe 140 3" PVC Pipe 400 3'' PVC Pipe 500 Hunter 2x14 wire 1 1" Quick Coupler GREEN ACRES • • PLAN • 9 x • 4.4 v $4 Standard Agreement for Contract Services 2017 06 01.01 Page 11 of 11 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar April 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Police Department Declare Abandoned Property VIII.Q. Lieutenant Matt Sackett Requested Action Move to: Declare property as abandoned. Synopsis The Eden Prairie Police Department has accumulated a quantity of bicycles, stereo/electronic equipment and miscellaneous items that remain unclaimed. Background Information In the course of municipal operations, the Eden Prairie Police Department's Evidence/Property Room has several items that have lawfully come into its possession that remain unclaimed by the owners and have been in its possession for at least 90 days. In accordance with City Code Section 2.86 Subdivision 2 C., the Police Department would like to dispose of this property by sale to the highest bidder at a public auction through the City of Eden Prairie. In addition, in accordance with City Code 2.86 Subdivision C, the Police Department would like to convert certain items for City use. Attachments Exhibit A—Abandoned Property Exhibit B—Converted Property Exhibit C - Surplus Property POLICE Abandoned Property for Auction I UE# Exhibit A .AIRIE April 20,2018-April 5,2019 Tag# Description of Property Serial Number 13523 Men's Silver/Black Face Bulova Watch _ 17458 3 Roku systems 23570 20 inch Magna boys bicycle; Ripclaw model 98232083 21099 Ping 10.5 G400 driver 21096 ADJ Innopocket Wash 34570364 21093 Dewalt cordless wet/dry vacuum 304282 21094 Paslode Nailgun 16 ga, Model#IM250A _ 163LT0969 21091 Yellow tow rope 24868 18k gold chain _ 23774 20 inch Mongoose Crush Boys white and blue bicycle SNFSD12A70073 23336 26 inch Road Master Granite Peak 18 speed bicycle SNFSD16M94267 16248 Taylor digital scale 16150 "The First Years" baby monitor 25227 Blue Kent 2.6 Terra adult bicycle G1703135267 22591 Blue Kent Terra mountain bicycle G1704170546 25916 Paragon golf bag with 12 golf clubs 25334 Boys BMX Thauster Freestyle Orange bicycle G1317073976 23629 Boys Kent Chaos yellow bicycle GS32038 23775 Black and gray Sr Suntour XCM V2 bicycle P8DH81094 25897 Blue KHS Summitt bicycle U30804919 24304 Pink"Barbie" bicycle SL98857026 23516 Gray Magna Great Divide bicycle DJHF120154 25506 Gary Fisher Tyro red and yellow bicycle 010c6531 22762 Gray& black Misfit Freestyle bicycle 03TD032751 24998 Green "Old Town"Canoe with tan interior and black seats 24026 GT Arett silver bicycle LY9510,0034199 11026 Nikon camera 13966 Garmin Nuvi 255W GPS Unit 1WN367928 13971 US Postal Service Women's Watch 13973 Men's silver Seiko Watch 23227 Clothing-Boys 2T tops and bottoms 13990 Alba Watch,silver 13979 Alba Watch with black face 13980 Silver herringbone necklace 13981 Silver herringbone necklace 23228 Clothing-2 pair of women's shoes 23229 Clothing-Girls skirt,top,and shoes 13988 Seiko Watch-Stainless Steel 203269 _ 19933 Craftsman 5 1/2"trim saw and Craftsman 3/8" Drill/Driver 9981&60337 24702 Next Shocker green &silver bicycle DM07B36227 23675 Northrock CTL gray ladies bicycle C11D5785 24147 Pink and green children's KENT Troublemaker bicycle HS1512J11772A 24711 Hotrock Specialized kids pink BMX bicycle WSBC500020638G 24967 Xbox accessories 24440 Razor Black Label boys black bicycle S170200926 23794 Schwinn Frontier red &silver bicycle POCF06507 24028 Schwinn Sidewinder black bicycle SL166978 24027 Schwinn Sidewinder black bicycle SB204225 23268 Wheeler Proline 1000 mountain white bicycle WS2D4758 25830 Magna FIX-D bicycle,white&green DJFH190489 voLICE Converted Property Exhibit B 'PRAIRIE April 20, 2018 - April 5, 2019 Tag# Description of Property Serial Number 18307 $20(to City General Fund) 19747 Brass Knuckles(for Police Explorer training) 11148 Pelouze digital scale(for Evidence use) 16286 Rifle cases (for Evidence use for transporting firearms) 21016 Handgun case (for Evidence use for transporting firearms) 22484 $10(to City General Fund) 15790 $120(to City General Fund) 15788 $120(to City General Fund) 15791 $120(to City General Fund) 25345 $5 (to City General Fund) 6808 $56(to City General Fund) 15789 $80(to City General Fund) 17613 Two glass pipes (to Hopkins PD drug demo box for training) 17569 Glass marijuana bong and pipe(to Hopkins PD drug demo box for training) 22861 Radiodetection equipment C.A.T.4,Genny4(to Public Works) 10/c4en14-322. G4en-5034 16892 Android ZTE phone(to Forensic Unit) 24426 $23 (to City General Fund) 15263 Flash Drive (to Forensic Unit) 12853 Flashdrive (to Forensic Unit) 13972 HP Model#11-D010WM Laptop Computer(to Forensic Unit) SCD5011DD8 18965 $100(to City General Fund) 18964 $120(to City General Fund) 18962 $80(to City General Fund) 18959 $80(to City General Fund) 18960 $80(to City General Fund) 18963 $80(to City General Fund) 13975 $470(to City General Fund) 23551 Suorin electronic vaping device (for Juvenile Unit demo use) 23603 JUUL electronic tobacco delivery device(for Juvenile Unit demo use) 23514 Suorin electronic tobacco delivery device(for Juvenile Unit demo use) 7855 7 up can hide(for training) 8225 Squirt Can hide(for training) 21278 E-Cigarette and lighter(for Juvenile Unit demo use) 23647 Tobacco vaping juice (for Juvenile Unit demo use) 15620 Jump Drive(to Forensic Unit) 14535 Jump Drive(to Forensic Unit) 12874 Jump Drive(to Forensic Unit) 6746 Black gun holster(for Police Explorer training) 3304 Strikeforce Ballastic Body Armor with carrier(to Police Training Unit) 6481 1 GB external hard drive(to Forensic Unit) 2501 Book Safe(for Evidence use) 23494 $59 (to City General Fund) 16082 Thumb Drive(to Forensic Unit) 14143 Thumb Drive(to Forensic Unit) 15316 Thumb Drive(to Forensic Unit) 16169 Thumb Drive(to Forensic Unit) 14074 $100(to City General Fund) 17552 USB drive (to Forensic Unit) 19126 USB drive (to Forensic Unit) 15134 USB drive (to Forensic Unit) voLICE EQEH Surplus Property Exhibit C 'PRAIRIE April 20, 2018 - April 5, 2019 Item# Description of Property Serial Number 1 Canon 35 mm camera - E0S630 along with two lenses 2 Polaroid 600 One Step camera 3 Miida binoculars 4 Nikon Nikkor lens, 18-300 mm 5 Two Tek brand padded bags 6 Canon Power Shot digital camera 7 "Police Station" -Christmas in the City series 8 Mongoose children's bicycle 9 "All Through The House" Christmas Figurines set CITY COUNCIL AGENDA DATE: April 16, 2019 SECTION: Consent Calendar DEPARTMENT /DIVISION: ITEM DESCRIPTION: ITEM NO.: Police Authorize Purchase of New Polaris Ranger VIII.R. Paul Schlueter/Fleet Services XP-1000 Utility Vehicle Requested Action Move to: Award contract to Davis Motorsports to purchase a new 2019 Polaris Ranger XP-1000 Utility Vehicle for a cost of$22,138.59. Synopsis The current City Council approved Capital Improvement Plan includes the 2019 purchase of a new Police Department utility vehicle. This item formally requests authorization to purchase that utility vehicle. Fleet Services typically purchases vehicles using the State of Minnesota Cooperative Purchasing Venture (CPV)under contracts that are already negotiated and in place with the State. City staff obtained a quote from the approved State contract vendor. City staff also solicited quotes from other Polaris dealers. As a result, one of the dealer quotes was actually lower than the State contract price. Per City Purchasing Policy, City staff is recommending a separate contract award to Davis Motorsports for a total purchase price of $22,138.59. A summary of the quotes received are noted below. Vendor: Quoted Price: Davis Motorsports $22,138.59 Lakes Area Powersports (State Contract Vendor) $22,247.49 Funds for this purchase are included in the 2019 Capital Improvement Plan budget. Attachment City of Eden Prairie/Davis Motorsports Standard Contract for Goods and Services 2017 06 10 Contract for Goods and Services This Contract ("Contract") is made on the 16th day of April 2019, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Davis Motorsports of Delano, a Minnesota Corporation (hereinafter "Vendor") whose business address is 471 Babcock Blvd, Delano MN 55328. Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for supplying and delivering a 2019 Polaris Ranger XP-1000 utility vehicle hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by July 31, 2019. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of$22,138.59 with total payments not to exceed $22,138.59 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 6. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor's services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 7. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney's fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 8. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City's written acceptance of the Work. The City's rights under the Contractor's warranty are not the City's exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 9. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 10. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 11. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 12. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. Standard Purchasing Contract 2017 06 01 Page 2 of 5 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City's public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in Standard Purchasing Contract 2017 06 01 Page 3 of 5 all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. Standard Purchasing Contract 2017 06 01 Page 4 of 5 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager VENDOR By: Its: Standard Purchasing Contract 2017 06 01 Page 5 of 5 Paul Schlueter From: Tom Stifter <tstifter@davismotorsportsdelano.com> Sent: Tuesday, April 09, 2019 10:03 AM To: Eric LeBlanc Subject: NORTHSTAR RANGER BID Follow Up Flag: Follow up Flag Status: Flagged Hi, Thanks for the opportunity to bid for you a 2019 Polaris Ranger 1000XP. Here is the pricing ; 2019 Polaris Ranger NorthStar Edition in white, Model # R19RRU99AD. The Eden Prairie Police Department would qualify for a discount from Polaris on this Ranger. MSRP Eden Prairie Cost $ 25,199.00 $ 23,474.00 $ 1,035.00 freight INCLUDED $ 1,049.00 winch $ 742.59 installed ( -$ 2,078.00) Polaris discount $ 27,283.00 MSRP $ 22,138.59 Eden Prairie Final Cost with Winch. Let me know if you have questions. Tom Stifter General Manager Davis Motorsports Delano, MN 55328 763-972-5045 DAVIS MQTDI25P0RT5 1 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing April 16, 2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development: Resolution authorizing application to the David Lindahl Department of Employment and Economic '`'' Development's Minnesota Investment Fund for Shadin Avionics, Inc. Requested Action Move to: • Close the public hearing; and • Adopt resolution authorizing application to the Department of Employment and Economic Development (DEED) for a $300,000 loan to Shadin Avionics through DEED's Minnesota Investment Fund(MIF). Synopsis Shadin Avionics manufactures electronics for planes and helicopters and is pursuing a loan through DEED's Minnesota Investment Program to help pay for equipment for a new office space located at 7555 Marketplace Drive in Eden Prairie. The program requires the City to apply for the loan on behalf of the business and act as a conduit between DEED and the loan recipient. It also requires the City to hold a public hearing as part of the application process. Loan agreements between the City, DEED, and Shadin Avionics will be drafted and brought to the City Council for approval at a future meeting. Background Shadin Avionics, currently located in St. Louis Park,plans to move their headquarters to 7555 Marketplace Drive in EP Eden Prairie with help from the MIF program. Shadin Avionics manufacture computer-based electronics for airplanes and helicopters and has about 30 employees. The funds received through the MIF will support the purchasing of new equipment and will result in the creation of 13 new full time jobs over a 24-month period. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2019- _ A RESOLUTION AUTHORIZING APPLICATION TO THE DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT'S (DEED)MINNESOTA INVESTMENT FUND (MIF) PROGRAM BE IT RESOLVED that the City of Eden Prairie (Applicant)act as the legal sponsor for the project contained in the Minnesota Investment Fund(MIF) Application to be submitted on April 16,2019 and that the Mayor and City Manager on behalf of the City are hereby authorized to apply to the Department of Employment and Economic Development(DEED) for funding of this project on behalf of the City of Eden Prairie; and BE IT FURTHER RESOLVED that the City of Eden Prairie has the legal authority to apply for financial assistance, and the institutional,managerial, and financial capability to administer the proposed project; and BE IT FURTHER RESOLVED that the City of Eden Prairie has not incurred any costs and has not entered into any written agreements to purchase property; and BE IT FURTHER RESOLVED that the City of Eden Prairie has not violated any Federal, State, or local laws pertaining to fraud, bribery,kickbacks, collusion, conflict of interest or other unlawful or corrupt practice; and BE IT FURTHER RESOLVED that upon approval of its application by the State,the City of Eden Prairie may enter into a grant contract with the State of Minnesota for the project, and that the City of Eden Prairie certifies that it will comply with all applicable laws, statutes, regulations and rules as stated in the Grant Contract and described in the Project Compliance Certification of the Application; and AS APPLICABLE, BE IT FURTHER RESOLVED that the City of Eden Prairie has obtained credit information from Avionics. Upon review by the City of Eden Prairie,no adverse findings or concerns regarding,but not limited to, tax liens,judgments, court actions, and filings with state, federal and other regulatory agencies were identified. Failure to disclose any such adverse information could result in revocation or other legal action. BE IT RESOLVED,that the Mayor and City Manager, or their successors in office, are hereby authorized to execute the Grant Contract, and amendments,thereto, as are necessary to implement the project on behalf of the applicant. ADOPTED by the City Council of the City of Eden Prairie on this 16th day of April, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Public Hearing April 16,2019 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 19-02 ITEM NO.: Denise Christensen Vacation of Thomforde Trail, Hennepin County, IX.B. Minnesota Public Works/Engineering Requested Action Move to: Close the public hearing; and Adopt the resolution vacating Thomforde Trail right-of-way. Synopsis The developer of the proposed Stable Path development, which lies to the south of the Stonegate of Eden Prairie development, has requested the vacation of the Thomforde Trail right-of-way. The proposed Stable Path development plans do not include a street connection to Thomforde Trail. There are two properties adjacent to the proposed vacated right-of-way, 18109 Cole Court (Lot 1, Block 4, Stonegate of Eden Prairie) and 18127 Cole Court(Lot 22, Block 1, Stonegate of Eden Prairie). With the approval of the vacation, the right-of-way will revert to these two property owners. The 18109 Cole Court property currently takes driveway access from Thomforde Trail. With the approval of the vacation, the developer is required to perform various public infrastructure removals/replacements/installations, reconstruction of the driveway for 18109 Cole Court, and other requirements as outlined in the Development Agreement for Stable Path. In addition, the right-of-way vacation is conditioned upon receipt of written confirmation from the adjacent property owners of acceptance of the vacated right-of-way, granting of public drainage and utility easements, and other conditions as outlined in the Development Agreement for Stable Path. Background Information The right-of-way to be vacated was originally dedicated with the plat of Stonegate of Eden Prairie. In order to accommodate the new development and eliminate a permanent stub street, the developer of Stable Path has requested that the underlying right-of-way be vacated. The release of the Resolution vacating the right-of-way shall be conditioned on the recording of the plat of Stable Path. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2019- VACATION OF THOMFORDE TRAIL RIGHT-OF-WAY HENNEPIN COUNTY,MINNESOTA VACATION 19-01 WHEREAS, the City of Eden Prairie has certain Right-of-Way described as follows: Thomforde Trail as dedicated by STONEGATE OF EDEN PRAIRIE, according to the recorded plat thereof, Hennepin County, Minnesota,being the right-of-way area southerly of the westerly extension of the north line of Lot 1, Block 4, said STONEGATE OF EDEN PRAIRIE to the centerline of said Thomforde Trail and southerly of the easterly extension of the north line of Lot 22, Block 1, said STONEGATE OF EDEN PRAIRIE to the centerline of said Thomforde Trail. WHEREAS, a Public Hearing was held on April 16, 2019 after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHERAS, the City Council has been advised by City Staff that the proposed vacation of the above described Right-of-Way has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that said Right-of-Way is not necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Right-of-Way described above is hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. 3. This Resolution is contingent upon and shall not be effective until the final plat of Stable Path has been recorded with the County Recorder/Registrar of Titles as applicable and all other conditions as outlined in the Development Agreement for Stable Path have been met. The City Clerk shall not present the Notice of Completion of Proceedings to the County Auditor or file it with the County Recorder/Registrar of Titles until the subdivision Stable Path is recorded. ADOPTED by the Eden Prairie City Council on April 16, 2019. Ronald A. Case, Mayor ATTEST: Kathleen Porta, City Clerk r ii y LcIKC ' ' sc4 ' N / //( so Park k0 w J o�. U J = ct w Q 0>, tY co Lake BEP F- KE \ Rileyy \ '. \ ,,p,LL.E. „ Jo. 122. VEER 121., p�0HA._ ERRY ./ fEl-i' >-- H. - 4,9 CT. 123. mG' ' < Q MAR Sy O mmN ��� m p w C-` ,, Q� J o �(� QJ a�A NE �NG�RAM �a �,Z, ,� o ` WAY O o Q- CRFS, COLE CT. MA C IN COME I (1) .°--,A\ ucr o0 0 De o 7 00-k- . �� o cs _ cr_ , Qb SITE R J�� D 2 ��G OVE O �� 7�y CAR, w TILIA m' 30 o STR ER Y .9 ct AA6 MSl'EAD /%p - Crestwoo CT. '1' O ��3 <,`FPR `L Park GEI S\," 7, J AC O Rile Creek m — t4. 2� C\R A . TFi� W a 0 1 FAN DF� ¢ Riley Crec ,4 pATN O 73 Conserva OVERLAND Are. T,y T,i, F � Ro/vT Qom' TURNBULL RD. ER 0' E Richard T. Anderson w Conservation Area - CLOUD IP N EQEN EASEMENT VACATION LOCATION MAP VAC 19-02 itPRAIRIE DATE: Road Vacation Description: Thomforde Trail as dedicated by STONEGATE OF EDEN PAIRIE,according to the recorded plat thereof,Hennepin County,Minnesota,being the right-of-way area southerly of the westerly extension of the north line of Lot 1,Block 4,said \ STONEGATE OF EDEN PAIRIE to the centerline of said Thomforde Trail and southerly of the easterly extension of the north line of Lot 22,Block 1,said STONEGATE OF EDEN PAIRIE to the centerline of said Thomforde Trail. i COLE COURT N I Parcel 1 Legal Description: EASTERLY EXTENSION OF THE _ WESTERLY EXTENSION OF THE Lot 22,Block 1,STONEGATE OF EDEN PAIRIE,according to the recorded plat NORTH LINE OF LOT 22, BLOCK 1 —�\ 1 NORTH LINE OF LOT 1, BLOCK 4 1 thereof,Hennepin County,Minnesota. I �\ And I. . . . 1 . . . . 1 i That part of the vacated Thomforde Trail as dedicated by said STONEGATE OF EDEN o �� //' PAIRIE,being the right-of-way area southerly of the easterly extension of the north line o \� o of said Lot 22,lying westerly of the centerline of said Thomforde Trail. 5r 10 r -//I 4 10 5 Parcel 2 Legal Description: T /1 N I r- /• A T r- S. n � 1--r- r- r - N I Lot 1,Block 4,STONEGATE OF EDEN PAIRIE,according to the recorded plat �: I N_/ I N L_ N 7 /—\ I L_ Or I,OH e e N/ 1 L_ V L_ 1 N thereof,Hennepin County,Minnesota. ww And L_L/T VZ OO L_`/T 1 I I /1T 0 Iw L_u That part of the vacated Thomforde Trail as dedicated by said STONEGATE OF EDEN „�' I— PAIRIE,being the right-of-way area southerly of the westerly extension of the north line 1 T I t vE oz / PARCEL 2 of said Lot 1,lying easterly of the centerline of said Thomforde Trail. L I v- PARCEL 1 # , 0 I ( ,"I< L�L_L/�r\ `1- I iTh i s I(' I I� CI= Road Vacation Area 1_,L_�.�r \ 1 I� � V C) A I �) I r- pr ',, ( 114 5L 10 - III o O 'V O RI DRAINAGE AND UTILITY EASEMENTS ARE SHOWN p, , _ • 5., A 10 5 ( HEREON FROM RECORDED PLAT AND FND REBAR 12043 FND REBAR 12043 END REBAR o o LABELED AS SHOWN I hereby certify that this survey,plan,or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. 1_) r— T \ A / /1 /1 r1 —7 I \ L_ I V V �/ U LJ / �i Dated this 14th day of January,2019. ared J.Averbeck,PLS Minnesota License No.53642 javerbeck@sathre.com JOB#:9745-038 REVISIONS es suq�P FIELD CREW: �;2 o ROAD VACATION EXHIBIT _ DRAWN BY:JJA W M= N SATHRE-BERGQUIST, INC. PREPARED FOR 30 15 0 15 30 60 mgi, w 150 SOUTH BROADWAY WAYZATA,MN.55391 (952)476-6000 _ CHECKED BY:DBP N 0 a WOODDALE BUILDERS 1 cNFRs ,o-a SCALE IN FEET DATE:01/09/19 VACATION 19-02 NOTICE OF VACATION OF THOMFORDE TRAIL, HENNEPIN COUNTY, MINNESOTA Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on April 16, 2019 at 7:00 p.m. to hear all persons present upon the proposed vacation of Thomforde Trail described as follows: Thomforde Trail as dedicated by STONEGATE OF EDEN PRAIRIE, according to the recorded plat thereof, Hennepin County, Minnesota,being the right-of-way area southerly of the westerly extension of the north line of Lot 1, Block 4, said STONEGATE OF EDEN PRAIRIE to the centerline of said Thomforde Trail and southerly of the easterly extension of the north line of Lot 22, Block 1, said STONEGATE OF EDEN PRAIRIE to the centerline of said Thomforde Trail. By Order of the City Council Published in the Eden Prairie News on March 28, 2019. NOTIFICATION LIST VACATION REQUEST 19-02 A copy of the Public Hearing Notice has been sent to owners of the following parcels: 30-116-22 12 0029 30-116-22 12 0030 30-116-22 12 0049 30-116-22 12 0050 30-116-22 12 0051 30-116-22 12 0052 30-116-22 13 0029 A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy Century Link Communications Comcast Cable Xcel Energy CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims April 16, 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 266855 - 267014 Wire Transfers 1022331 - 1022402 Wire Transfers 7036 - 7054 City of Eden Prairie Council Check Summary 4/16/2019 Division Amount Division Amount General 10,768 601 Prairie Village Liquor 41,608 100 City Manager 2 602 Den Road Liquor 71,579 101 Legislative 25,490 603 Prairie View Liquor 56,770 102 Legal Counsel -1,248 701 Water Enterprise Fund 142,066 110 City Clerk 20 702 Wastewater Enterprise Fund 4,164 111 Customer Service 412 703 Stormwater Enterprise Fund 17,225 112 Human Resources 124 Total Enterprise Fund 333,412 113 Communications 1,343 114 Benefits&Training 2,517 803 Escrow Fund 4,975 131 Finance 433 807 Benefits Fund 479,783 132 Housing and Community Services 11,592 809 Investment Fund 2,159 136 Public Safety Communications 11,064 811 Property Insurance 1,069 137 Economic Development 4,730 812 Fleet Internal Service 86,013 151 Park Maintenance 4,541 813 IT Internal Service 5,444 153 Organized Athletics 150 815 Facilites Operating ISF 27,821 154 Community Center 21,007 816 Facilites City Center ISF 14,406 156 Youth Programs 6,623 817 Facilites Comm.Center ISF 7,881 158 Senior Center 749 Total Internal Svc/Agency Fund 629,550 160 Therapeutic Recreation 798 161 Oak Point Pool 1,895 Report Total 1,212,574 162 Arts 2,414 163 Outdoor Center 791 168 Arts Center 182 180 Police Sworn 8,952 184 Fire 8,467 186 Inspections 2,088 200 Engineering 200 201 Street Maintenance 54,072 Total General Fund 180,176 301 CDBG 12,565 303 Cemetary Operation 400 Total Special Revenue Fund 12,965 308 E-911 343 309 DWI Forfeiture 50 315 Economic Development 1,376 445 Cable PEG 1,133 509 CIP Fund 5,828 522 Improvement Projects 2006 25,379 532 EP Road Connect Flying Cloud 12,705 536 General LRT 3,362 802 494 Commuter Services 6,261 804 100 Year History 35 Total Captial Projects Fund 56,471 City of Eden Prairie Council Check Register by GL 4/16/2019 Check# Amount Supplier/Explanation Account Description Business Unit Comments 7041 252,262 ULTIMATE SOFTWARE GROUP,THE Federal Taxes Withheld Health and Benefits Payroll taxes PR ending 03.29.19 7039 174,840 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 03.16.19 1022368 98,590 ADVANCED ENGINEERING&ENVIRONMENTAL SE Equipment Repair&Maint Water Capital 266923 47,755 CARGILL INC Salt Snow&Ice Control 1022342 38,253 SRF CONSULTING GROUP INC Design&Engineering Improvement Projects 2006 266934 28,988 FARRELL EQUIPMENT&SUPPLY CO INC Machinery&Equipment Fleet-Public Works 266866 25,490 CITY OF EDEN PRAIRIE Dues&Subscriptions City Council 7043 25,456 EMPOWER Deferred Compensation Health and Benefits 266959 24,060 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 266937 22,913 FLEET MAINTENANCE INC Equipment Repair&Maint Fleet Operating 7042 22,129 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 266990 20,067 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 266980 18,760 PROP Other Contracted Services CDBG-Public Service 266921 17,758 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 266967 16,120 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 7054 14,540 CARD CONNECT Bank and Service Charges Community Center Admin 267013 14,357 AMERICAN PRESSURE INC Contract Svcs-General Bldg Maintenance Facility 266889 14,336 PRAIRIEVIEW RETAIL LLC Utilities Prairie View Liquor Store 266958 14,206 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 266888 14,010 PRAIRIE PARTNERS SIX LLP Building Rental Prairie Village Liquor Store 1022351 12,910 GREENSIDE INC Contract Svcs-Snow Removal Fire Station#1 266922 11,724 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 266917 11,520 BLUE WATER SCIENCE OCS-Studies Stormwater Non-Capital 266978 10,454 PETERSON COMPANIES Other Contracted Services General Fixed Asset Account Gr 266979 10,113 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 266972 9,564 MOBILE RADIO ENGINEERING INC Equipment Repair&Maint Public Safety Communications 266887 9,008 PARK NICOLLET CLINIC Employment Support Test Fire 266878 8,885 KORTERRA,INC OCS-Utility Locates Water Distribution 266920 8,226 BREAKTHRU BEVERAGE MINNESOTA BEER LLC Liquor Product Received Prairie View Liquor Store 1022383 7,432 INTERSTATE POWER SYSTEMS INC Equipment Repair&Maint Water Treatment 1022381 7,310 HANSEN THORP PELLINEN OLSON Design&Engineering Water Capital 266895 6,600 SOCCER SHOTS Instructor Service Preschool Events 1022340 5,608 METRO ELEVATOR INC Building Repair&Maint. Utility Operations-General 1022336 5,506 WENCK ASSOCIATES INC OCS-Studies Stormwater Non-Capital 7049 5,033 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 266879 5,000 MCCD Other Contracted Services Economic Development 1022401 4,590 XCEL ENERGY Electric Traffic Signals 266943 4,578 GRAYMONT Treatment Chemicals Water Treatment 266940 4,554 GENERAL OFFICE PRODUCTS COMPANY Capital Under$25,000 FF&E-Furn,Fixtures&Equip. 266855 4,318 CAPITOL BEVERAGE SALES LP Deposits Den Road Liquor Store 1022393 4,158 POMP'S TIRE SERVICE INC Tires Fleet Operating 1022388 4,115 METRO SALES INCORPORATED* Equipment Rentals IT Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 1022365 3,934 VINOCOPIA Liquor Product Received Prairie View Liquor Store 1022384 3,863 ITRON INC. Maintenance Contracts Water Metering 266970 3,500 MESSERLI&KRAMER Legal 494 Corridor Commission 7038 3,386 FURTHER-AKA SELECT FSA-Dependent Care Health and Benefits 266998 3,353 T-MOBILE USA Reimburse-attorneyfee Escrow 1022392 3,269 PETERSON BROS ROOFING AND CONSTRUCTION I Contract Svcs-Roof Economic Development Fund 266977 3,264 PAUSTIS&SONS COMPANY Liquor Product Received Prairie View Liquor Store 1022379 3,209 GENUINE PARTS COMPANY Supplies-Snow Removal Fleet Operating 266976 3,200 NORTHERN TECHNOLOGIES INC Design&Engineering Water Capital 1022386 3,077 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 266930 3,030 EARL F ANDERSEN INC Operating Supplies Traffic Signs 266909 2,980 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 266982 2,800 RAY N WELTER HEATING Other Contracted Services Rehab 1022370 2,739 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 266871 2,645 EXPLORER POST 925 Miscellaneous Volunteers 1022400 2,621 WINE COMPANY,THE Liquor Product Received Prairie View Liquor Store 266944 2,389 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Concessions 266912 2,381 BERNICK'S WINE Liquor Product Received Prairie View Liquor Store 266913 2,361 BITUMINOUS ROADWAYS INC Other Contracted Services Capital Maint.&Reinvestment 266950 2,212 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 7047 2,167 US BANK-CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 7037 2,159 PFM ASSET MANAGEMENT LLC Interest Investment Fund 267006 1,943 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 266931 1,895 EDEN PRAIRIE COMMUNITY EDUCATION Other Contracted Services Oak Point Lessons 1022363 1,866 VAN PAPER COMPANY Cleaning Supplies Arts Center 1022394 1,804 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Maintenance Facility 266875 1,700 HOUTZ,STEPHEN J Other Contracted Services Winter Theatre 266996 1,595 SWIM ANGELFISH LLC Conference/Training Inclusion 266952 1,588 HOMELINE Other Contracted Services Housing and Community Service 266873 1,563 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 267004 1,500 VIDEOTRONIX INC Equipment Repair&Maint Public Safety Communications 266936 1,477 FIRE SAFETY USA INC Equipment Repair&Maint Fleet Operating 266911 1,390 BEACON ATHLETICS Operating Supplies Park Maintenance 267012 1,347 AIRGAS USA LLC Supplies-Pool Pool Maintenance 266993 1,343 STEVE LUCAS PHOTOGRAPHY Other Contracted Services Communications 266900 1,339 YORKTOWN OFFICES Building Rental 494 Corridor Commission 1022378 1,283 FILTRATION SYSTEMS Supplies-HVAC General Community Center 266984 1,170 RETROFIT COMPANIES,INC,THE Supplies-Electrical Ice Arena Maintenance 1022339 1,133 GRANICUS INC Equipment Repair&Maint Cable PEG 1022395 1,132 SPS COMPANIES Supplies-HVAC Water Treatment 266986 1,118 SCHERER BROTHERS LUMBER CO Building Materials Park Maintenance 1022352 1,101 HACH COMPANY Laboratory Chemicals Water Treatment 266947 1,088 H&L MESABI Equipment Parts Fleet Operating 266856 1,069 TROM,DEAN Insurance Property Insurance 266954 996 HYDROCORP Other Contracted Services Utility Operations-General 266882 975 MN HELICOPTERS INC Other Contracted Services Deer Consultant Check# Amount Supplier/Explanation Account Description Business Unit Comments 1022398 967 VIKING ELECTRIC SUPPLY Supplies-Electrical Maintenance Facility 266876 966 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 266957 922 J H LARSON COMPANY Supplies-Electrical Fire Station#1 266956 886 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 266935 885 FIELD TRAINING SOLUTIONS Tuition Reimbursement/School Police Sworn 1022371 792 BOYER TRUCKS Equipment Parts Fleet Operating 1022377 791 FERRELLGAS Gas Outdoor Center 1022367 774 WILSON,JOHN D. Travel Expense Police Sworn 1022372 751 CDW GOVERNMENT INC. Computers IT Operating 266999 750 TREEHOUSE Other Contracted Services Housing and Community Service 1022348 747 FASTENAL COMPANY Operating Supplies General Community Center 1022376 730 FACTORY MOTOR PARTS COMPANY Lubricants&Additives Fleet Operating 266981 723 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 267007 714 PETTY CASH Mileage&Parking Den Road Liquor Store 1022374 698 DAIKIN APPLIED Contract Svcs-Electrical City Center-CAM 266928 696 DOMACE VINO Liquor Product Received Prairie View Liquor Store 266861 695 BLOOMINGTON,CITY OF Kennel Services Police Sworn 1022358 677 PARK SUPPLY OF AMERICA INC Supplies-Plumbing City Center-CAM 1022344 677 ZARNOTH BRUSH WORKS INC. Equipment Repair&Maint Park Maintenance 266892 675 ROOT 0 MATIC Equipment Repair&Maint Wasterwater Collection 1022402 670 ZIEGLER INC Equipment Parts Fleet Operating 266997 668 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1022360 667 QUALITY PROPANE Equipment Parts Ice Arena Maintenance 266910 650 AXON ENTERPRISE INC Training Supplies Police Sworn 266863 650 BTR OF MINNESOTA Equipment Parts Fleet Operating 267008 642 3D SPECIALTIES Signs Traffic Signs 266933 640 EMPLOYER SOLUTIONS STAFFING Wages No Benefits 494 Corridor Commission 266985 637 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie View Liquor Store 1022347 620 CUSTOM HOSE TECH Equipment Parts Fleet Operating 1022397 619 TWIN CITY HARDWARE Contract Svcs-General Bldg Ice Arena Maintenance 266992 606 STAPLES ADVANTAGE Office Supplies Senior Center Programs 1022387 606 MENARDS Building Materials Park Maintenance 1022382 595 HORIZON COMMERCIAL POOL SUPPLY Supplies-Pool Pool Maintenance 266874 586 HOSE PROS,INC Operating Supplies Park Maintenance 1022399 582 WATSON CO INC,THE Merchandise for Resale Concessions 266955 569 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 1022375 562 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 266946 554 GYM WORKS Equipment Repair&Maint Fitness Center 1022362 543 THE OASIS GROUP Employee Assistance Organizational Services 266914 522 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 1022343 512 STREICHERS Training Supplies Fire 1022369 501 ASPEN WASTE SYSTEMS INC. Waste Disposal Maintenance Facility 266948 500 HALL CHANDRA P&R Refunds Community Center Admin 267005 498 WARNING LITES Signs Traffic Signs 266942 462 GRAPE BEGINNINGS Liquor Product Received Prairie View Liquor Store 1022380 460 GRAINGER Cleaning Supplies General Community Center Check# Amount Supplier/Explanation Account Description Business Unit Comments 266964 434 LUBE-TECH&PARTNERS LLC Lubricants&Additives Fleet Operating 266965 432 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 266859 411 ALTERNATIVE BUSINESS FURNITURE INC Supplies-General Bldg City Hall(City Cost) 1022349 406 FLEETPRIDE INC Equipment Parts Fleet Operating 266916 402 BLOOMINGTON SECURITY SOLUTIONS Equipment Repair&Maint Water Treatment 266872 400 HAYEN,LINDA Other Contracted Services Winter Theatre 266927 400 DIETHELM,TAMMY L Other Contracted Services Pleasant Hill Cemetery 266864 389 CAPREF EDEN PRAIRIE LLC Building Rental CDBG-Public Service 266960 385 LAKE COUNTRY DOOR LLC Contract Svcs-General Bldg Maintenance Facility 7052 378 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 7050 374 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 266932 368 EHLERS&ASSOCIATES INC Deposits Escrow 266908 364 ANDERSON,JUSTIN Travel Expense Fire 1022346 364 BUCHANAN,KURT Travel Expense Fire 266925 360 CORPORATE TECHNOLOGIES Equipment Repair&Maint 494 Corridor Commission 266951 344 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Fire Station 1t'l 267000 334 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions 266899 315 WARNING LITES Conference/Training Utility Operations-General 1022341 312 PETERSON BROS ROOFING AND CONSTRUCTION I Other Contracted Services Economic Development Fund 266983 311 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 1022366 308 WHITE,BECKI Travel Expense Fire 1022389 303 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs-HVAC Pool Maintenance 266988 300 SHIRAZI ELHAM Retention Program 494 Corridor Commission 266994 300 STRUCK ADAM P&R Refunds Community Center Admin 1022373 298 COMPRESSED AIR CONCEPTS LLLC Contract Svcs-General Bldg Maintenance Facility 266868 293 DOMACE VINO Liquor Product Received Prairie View Liquor Store 266865 273 CENTURYLINK Telephone E-911 Program 1022354 253 METROPOLITAN FORD Equipment Parts Fleet Operating 267009 250 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 266885 249 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Facilities Staff 266862 237 BREAKTHRU BEVERAGE MINNESOTA WINE&SPIR Liquor Product Received Prairie View Liquor Store 266995 234 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 7036 231 US BANK-PAYMODE Bank and Service Charges Finance 1022361 222 SHAMROCK GROUP,INC-ACE ICE Liquor Product Received Prairie View Liquor Store 266961 212 LANO EQUIPMENT INC Equipment Parts Fleet Operating 266881 210 MINNESOTA TROPHIES&GIFTS Operating Supplies Police Sworn 1022356 207 MUNOZ,CESAR Travel Expense Police Sworn 1022364 207 VIK,LISA Tuition Reimbursement/School Police Sworn 1022345 206 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie View Liquor Store 266880 200 MINNESOTA MUNICIPAL BEVERAGE ASSOCIATION Conference/Training Prairie Village Liquor Store 266898 200 VOGLAND WENDY Rebates Water Conservation 7040 199 ULTIMATE SOFTWARE GROUP,THE Garnishment Withheld Health and Benefits 1022391 192 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 1022338 172 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 1022350 169 GOLDENSTEIN,JAMES Conference/Training IT Operating 1022353 169 JOHNSON,TROY Conference/Training IT Operating Check# Amount Supplier/Explanation Account Description Business Unit Comments 1022335 164 STOVRING,LESLIE Operating Supplies Stormwater Non-Capital 266857 160 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 266974 160 MUEHLBAUER,THOMAS G Other Contracted Services Community Band 266860 155 BLOOMINGTON SECURITY SOLUTIONS Other Contracted Services Miller Park 266973 150 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 267001 150 UNIVERSAL ATHLETIC SERVICES INC Awards Broomball 266929 148 E A SWEEN COMPANY Merchandise for Resale Concessions 1022334 142 RICHARDSON,JIM Operating Supplies Police Sworn 267014 135 CENTURYLINK Telephone IT Operating 266867 133 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 1022331 129 AMERIPRIDE LINEN&APPAREL SERVICES Janitor Service Prairie Village Liquor Store 267003 120 VERIZON WIRELESS Cell/Pager Plans E-911 Program 266890 112 PROP-DO NOT USE Charitable Contributions Health and Benefits 266858 105 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 266953 105 HOPKINS POLICE DEPARTMENT Tuition Reimbursement/School Police Sworn 266893 100 RUPAWALLA NOX Rebates Water Conservation 266919 98 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 266989 96 SHRED RIGHT Waste Disposal City Hall(City Cost) 1022337 93 BOBBY&STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair&Maint Police Sworn 1022385 91 KIDCREATE STUDIO Instructor Service Arts Center 1022333 90 OLSON,ROBERT Mileage&Parking Police Sworn 267002 88 US BANK EQUIPMENT FINANCE Printing 494 Corridor Commission 266987 86 SCHROM JES Mileage&Parking Arts 266938 84 FLOD-JOHNSON MEGAN P&R Refunds Arts Center 266991 84 ST FRANCIS VETERINARY CLINIC Canine Supplies Police Sworn 267010 83 ABLE HOSE&RUBBER INC Operating Supplies Park Maintenance 266926 81 CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn 266941 81 GLOBAL EQUIPMENT COMPANY Supplies-Fire/Life/Safety Maintenance Facility 1022359 72 PROSOURCE SUPPLY Cleaning Supplies General Community Center 266918 70 BOUND TREE MEDICAL LLC EMS Supplies-EMS Supplies Fire 266884 69 NIENABER JENNIFER Tuition Reimbursement/School Fitness Classes 266945 68 GROTH MUSIC Operating Supplies Community Band 1022357 66 MUNOZ,MEGAN Mileage&Parking Fitness Admin. 1022355 60 MPX GROUP,THE Printing Police Sworn 1022396 60 STREICHERS Equipment Parts Fleet Operating 7053 54 SAFEGUARD Operating Supplies Community Center Admin 266968 50 MARKS LYMAN Rebates Water Conservation 267011 50 ADESA MPLS Miscellaneous DWI Forfeiture 266894 49 SJULSON BRYAN P&R Refunds Community Center Admin 266870 47 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 266915 40 BLOMBERG JUDTIH P&R Refunds Community Center Admin 7048 35 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture 266969 34 MEREDITH KATE Mileage&Parking 494 Corridor Commission 266883 32 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 266971 32 MINNESOTA DEPT OF HEALTH Licenses,Taxes,Fees Water Treatment 1022332 31 BOHNSACK,SUE Mileage&Parking Senior Center Admin Check# Amount Supplier/Explanation Account Description Business Unit Comments 266897 29 UNITED WAY Charitable Contributions Health and Benefits 266949 23 HAWTHORNE CARRIAGE HOMES P&R Refunds Community Center Admin 266869 21 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 266962 20 LEAGUE OF MINNESOTA CITIES Travel Expense Human Resources 266963 20 LEAGUE OF MINNESOTA CITIES Travel Expense Human Resources 266891 17 ROCKEY,JOSH Mileage&Parking Senior Center Admin 266886 9 PAPCO INC Janitor Service Fitness/Conference-Cmty Ctr 266896 9 STERLING FENCE INC Repair&Maint. Supplies Flying Cloud Off Leash Park 266939 7 FRYE,HILARY P&R Refunds Arts Center 7051 7 SQUARE Bank and Service Charges Community Center Admin 266877 5 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 266975 5 NORTHERN POWER PRODUCTS INC Equipment Parts Fleet Operating 1022390 2 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 266966 0.02 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 1,212,574 Grand Total