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 - 05/19/2020
AGENDA CITY COUNCIL WORKSHOP TUESDAY, MAY 19, 2020 5:30 – 6:30 PM, VIRTUAL MEETING 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 Maggie Neuville, and Recorder Katie O’Connor Workshop – Virtual Meeting (5:30) I. HOUSING TASK FORCE UPDATE II. ADJOURNMENT “Housing is the foundation of any community. It helps to determine the health and vibrancy of a community.” (Aspire Eden Prairie 2040) Tangible Needs: As the Aspire Plan highlights, Eden Prairie is an affluent, largely developed suburb, with much of its housing stock geared towards ownership of single family, detached homes. Few undeveloped properties remain; the vast majority of these are small (2-5 acres) and nestled in existing neighborhoods. Tangible Needs: While a housing shortage exists for lower & upper income owner-occupied housing, the most notable shortage is for lower and upper income level rental properties (including single and multi-family rental units) Tangible Needs: There is also a significant unmet need for affordable housing and for senior-friendly living. Tangible Needs: These shortages will become worse, as according to the Aspire Plan, Eden Prairie should expect an influx of 20,000 people, requiring 8,500 new units, by 2040. Intangible Needs (Values): The Task Force recognizes a need to balance its recommendations addressing these housing issues with the values of the Eden Prairie community. Intangible Needs (Values): The citizens of Eden Prairie value and want to maintain the desirability of living in Eden Prairie. Intangible Needs (Values): We value diversity, understanding the stability that housing brings to families and the richness that diverse people bring to a community. Intangible Needs (Values): We also want to ensure that Eden Prairie remains economically competitive,that businesses (including developers) will want to do business in our City. Production, Preservation, Protection: Given the limited amount of open land for development, the Task Force determined that a focus on the building and rehabilitation of rental units would create the biggest impact. Production, Preservation, Protection: The Task Force also recognized that providing developers with economic assistance, variances, reduced or waived fees, and a streamlined entitlement process provides the City an opening to work with these developers to implement various strategies. We favored an approach that provided our City administration a set of tools which can be deployed in a variety of ways. Production, Preservation, Protection: Based on our research, the Task Force also identified renter protection strategies as currently necessary to ensure the wellbeing of Eden Prairie renters. This is particularly true of tenants in older apartment buildings as these buildings become candidates for “repositioning” and “rebranding” by new ownership interests. Inclusionary Housing Policy Housing Opportunities in Proximity to New Public Transit Affordable Housing Trust Fund Tenant Protection Ordinance NOAH Preservation Out-of-the-Box Strategies Senior Friendly Housing Inclusionary Housing Policy “Goal 1: Incentivize attainable and affordable housing options for lower-income households so they can move to and remain in Eden Prairie.” (Aspire Eden Prairie 2040, Housing and Residential Areas Plan) Inclusionary Housing Policy TRIGGERED BY * PROJECT TYPE* DEVELOPMENT SIZE** INCLUSIONARY UNIT REQUIREMENT* TERM** Multifamily Request for a PUD, zoning or comp plan change,or EP financial assistance New, rehabilitation and redevelopment properties for which Trigger is met Applies to developments with 15 or more units Developer option: 5% of units in development at 30% of AMI, 10% at 50% of AMI or 15% at 60% of AMI In Perpetuity, with buy-out option for Developer (at set time/price in future) Single Family Request for a PUD, zoning or comp plan change,or EP financial assistance New construction projects for which Trigger is met Applies to developments with 15 or more units Developer option: 10% of units at 120% of AMI or pay a to-be- determined in lieu fee into a housing trust fund Not Applicable We enthusiastically recommend the following: *Consistent with the best and most applicable standards of our neighboring communities. ** Different than the standards currently in place with neighboring communities. Inclusionary Housing Policy Tools that might be utilized by Eden Prairie to make projects more attractive to developers and/or to obtain additional affordable units include some number of the following: a.Density variances b.Parking variances c.Fee adjustments/waivers d.Tax increment financing e.Expedited / streamlined entitlement process f.Common space variances Inclusionary Housing Policy Our recommendations relating to the triggers, project types and number of inclusionary units are comparable to the requirements of the surrounding communities. We believe these particular requirements to be the most applicable to Eden Prairie. Note that the number of units in our recommended policy is the same as Brooklyn Park, and very similar to St Louis Park. In addition, Eden Prairie should consider offering “buy-outs,” as is in Edina’s toolbox. These buy-out funds would be placed in an Affordable Housing Trust Fund and used to advance inclusionary and other housing goals. Inclusionary Housing Policy Our recommendations relating to term and development size differ from the current requirements of neighboring communities. However, we believe they are necessary to achieve the inclusion of affordable housing units in near all developments in Eden Prairie in accordance with the Aspire 2040 Plan goals. Affordable Housing Trust Fund “Goal 2: Work in partnership with private and public sectors, regional, state, and federal agencies, and citizens, community groups and others to help envision and finance innovative housing demonstration projects and housing development.” (Aspire Eden Prairie 2040, Housing and Residential Area Plan) Affordable Housing Trust Fund Affordable Housing Trust Funds are established by many communities for the purpose of : providing financial gap assistance for the development, rehabilitation and preservation of affordable and mixed-income housing projects or to provide assistance to low income renters and homebuyers These Trusts are established under MN statute 462C.16. Affordable Housing Trust Fund The Task Force believes a formal trust fund would allow Eden Prairie to: source, maintain and utilize monies in a structured, recognized manner address the evolving needs of Eden Prairie housing in varied and creative ways Affordable Housing Trust Fund A variety of sources can be used to fund the Trust, both initially and over time. The funds in the Trust can also be used in a number of ways relating to housing. Some Trusts have language which specifies uses and detailed processes; other Trusts have more general language which provides flexibility to address housing needs and opportunities as they arise. Affordable Housing Trust Fund *The Trust would not own properties, but provide funding for the City or other parties to do so. **The State of Minnesota would require the legal Trust be in place before contributing potential matching funds (legislation for matching funds has been advanced twice) ***The Task Force understands that there is an existing finance account which holds funds for inclusionary housing purposes. Potential Funding Sources In lieu payments by developers to “buy out” building of affordable housing units per city requirements Pooled TIF payments Sale of property owned by the City of Eden Prairie Donations from businesses, foundations, non-profits or private individuals** Matching funds from the State** Movement of funds from existing City accounts*** Potential Uses for Funds Purchases of NOAH single or multifamily properties* Renovation of NOAH single or multifamily properties or land for new construction.* Grants to renters needing short term assistance (likely through a nonprofit such as PROP.) Loans or grants to developers to incent them to provide more than the required number of affordable housing units Grants to assist with down payments for low income housing Seminars to provide homebuyer or senior counseling services Affordable Housing Trust Fund We strongly recommend the creation of a Affordable Housing Trust Fund, and we suggest that the Fund’s technical assistance documentation be similar to that of St Louis Park. This short form explains the great deal of flexibility in: how the Trust can be used, how it is administered, how funds are allocated, and how tracking and reporting are provided Affordable Housing Trust Fund Communities that currently have Affordable Housing Trust Funds include Edina, St. Louis Park, Bloomington, Duluth, Minneapolis, St. Paul, Red Wing, and Rochester. These Trust Funds are also common in other states, including the majority of the counties in Iowa. Senior Friendly Housing “Goal 3: Promote senior housing opportunities that increase housing choices and enable seniors who choose to downsize their homes to age in community.” (Aspire Eden Prairie 2040, Housing and Residential Areas Plan) NOAH Preservation “Goal 4: Address aging housing stock to preserve and prevent the decline of naturally occurring affordable housing (NOAH).” (Aspire Eden Prairie 2040, Housing and Residential Areas Plan) NOAH Preservation The Task Force believes that Naturally Occurring Affordable Housing (NOAH) properties are a critical source of existing affordable housing. •Preserving NOAH is a cost-efficient way to ensure affordability when compared to new construction (or demolition/new construction). •These properties are already served by infrastructure and don’t face community resistance as new affordable proposals often do. NOAH Preservation Currently,investors often quickly purchase NOAH properties and, with respect to multifamily properties,make modest improvements, raise rents,and often displace lower-or moderate-income tenants. Without City intervention,these affordable properties may be lost forever. NOAH Preservation Our recommendations include: •Formalizing a definition of NOAH properties •Obtaining rent information on these properties •Putting an effective process in place for quick intervention when a NOAH property comes on the market, and •Providing expedited financing for NOAH preservation We believe that the core of our recommendations are consistent with the best and most applicable standards of our neighboring peers. NOAH Preservation FORMALLY DEFINE NOAH PROPERTIES Formally define NOAH as class B or C property with at least four units where at least 20% of rents are affordable to households at or below 80% of AMI. Note: The AMI threshold is higher than those set by certain peers, but the Task Force believes that the relatively high cost of rentals in Eden Prairie justifies a higher level for the NOAH threshold. While hard data on rents is still needed, it is estimated about 20 multifamily properties meet this definition . NOAH Preservation PURCHASE CO-STAR DATA Purchase Co-Star data to easily acquire granular rent level data necessary to assign properties as being NOAH properties per the standards listed previously. NOAH Preservation FURTHER DEVELOP RELATIONSHIPS Further develop relationships with the two non-profits that work with Twin Cities NOAH properties—Greater Minnesota Housing Fund (GMHF), a financial intermediary and technical assistance provider, and AEON, a leading mission-based non-profit developer. Identify and share list of NOAH properties that meet their standards and agree on process should these properties potentially come to market . Preliminarily, five properties with approximately 725 units meet AEON’s purchase parameters. NOAH Preservation DIRECT OUTREACH TO OWNERS Reach out to owners of smaller properties that do not fit GMHF’s or AEON’s purchase parameters to gain sense of owner intentions. Discuss prospect of rehabilitation (and through the rehab gain long-term affordability) via housing revenue bonds or other programs, with a special eye toward un- sprinklered properties. NOAH Preservation MAKE FUNDING AVAILABLE Have City funds available with a defined, quick process to be able to use the funds when a preservation opportunity arises. City funds include pooled TIF funding, funds from Housing Trust Fund, or borrowing in the market. Edina, Bloomington, and Duluth have used this last approach, with Bloomington recently utilizing approximately half of a $15 million loan it took out for a NOAH acquisition. Housing Opportunities in Proximity to New Public Transit “Goal 5: Prioritize housing around public transit with convenient access to basic services including places of employment, shopping, restaurants, services, and parks.” (Aspire Eden Prairie 2040, Housing and Residential Area Plan) Housing Opportunities in Proximity to New Public Transit The Southwest Light Rail development offers a unique opportunity to encourage developers specializing in affordable housing to participate; these developers could either develop a completely affordable project or combine affordable and market rate units. Dedicating funding through the CIP to support such development can provide important gap financing. Tenant Protection Ordinances During our research,the Task Force identified a need to protect tenants in situations where the multi-family properties in which they live are sold –in particular,when NOAH properties are sold to investors/developers. In these circumstances,new owners may: increase rent, “requalify”renters under new parameters,or change policies on Housing Choice/Section 8 vouchers;this has resulted in the displacement of existing and particularly lower-income tenants Tenant Protection Ordinances A number of regional communities have identified this unfortunate trend and either have enacted or are contemplating tenant protection ordinances which both address landlord actions and the timing of displacements. In addition,the Task Force identified a need for tenants to understand their rights,and provide resources for tenants to learn how to address legitimate grievances relating to their rental units. Tenant Protection Ordinances We strongly recommend the following: Applies to:Tenant Protection Period New Ownership prohibited from following actions during Tenant Protection Period Notice of Ownership Transfer Penalty for Violation Rent Increase* Any multifamily rental property of at least 4 units where at least 20% of units are at or below 80% of area medium income 90 days •Rescreening of tenants based on new rental eligibility criteria; •Eviction without legitimate cause (e.g. non-payment of rent); •Forcing material changes to existing leases Within 30 days of sale to Tenants and City. Provided in writing in multiple languages Payment to affected low-income tenants of 3 months’ rent, paid within 30 days if tenant terminates the lease, or the day the tenant vacates if the owner terminates N/A *Different than certain surrounding communities Tenant Protection Ordinances Per the City’s attorney, Eden Prairie’s status as a statutory Class B city prevents it from enacting anything that could be construed as “rent control.” It is her opinion that restricting increases in rent, even for a temporary period, could be challenged as such. Clearly the ability to prevent immediate rent increases is a critical element of some TPOs, although the prohibition on material changes to leases may mediate this until leases come up for renewal. The Task Force believes that, even without rent increase protection, securing compliance with other restrictions is still worth the effort in enacting the ordinance. Tenant Protection Ordinances We strongly recommend that the Landlord provide each tenant, at the time that a lease or an extension to a lease is signed, a written notice of TENANT RIGHTS, with a translation in several key languages for the region. We recommend that the City create the form, and that it include a brief statement as to a tenant’s rights to a safe unit, prompt repairs, tenants’ rights to organize and the names and contact information of organizations who can assist tenants should they require non-legal assistance . Out-of-the-Box Strategies Accessory Dwelling Units (ADUs),also known as “carriage houses,”“in-law apartments” or “granny flats,”have a long history across the nation. One definition for ADUs comes from the Family Housing Fund (FHF),a local non-profit housing advocacy organization:ADUs “are adjacent or attached to a primary home,and have their own entrance,kitchen,living area,and bathroom.ADUs can be located within a home,attached to a home,or as a detached structure in a backyard.” While they are still relatively rare in the Twin Cities metro,approximately 18 cities in the metro allow them in some form. Out-of-the-Box Strategies According to ADU advocates, this form of housing has the following benefits to communities: •Represent a “gentle” form of density as form of small-scale infill housing •Provide access to renters to well-connected neighborhoods •Built on existing lots, providing new housing without expensive land acquisition •Add value to the property and increased property tax revenue •Typically serve one-and two-person households, a growing demographic segment •Support stable homeownership by serving lifecycle housing needs •Provides rental income to help owners pay mortgages, can be used to house family members who need care, or can be a downsizing option senior households Out-of-the-Box Strategies Housing staff consulted with Planning to assess the impact adoption of an ADU ordinance would have on zoning. At present ADUs are only allowed in certain zoning districts and are limited to units built into the existing home. The Task Force recommends exploring the ADU concept as regards a separate structure located in a home’s backyard. Out-of-the-Box Strategies Additional Out-of-the-box strategies under Task Force consideration: •Micro Units •Land Trusts (exploring possibilities for expansion) •Linked apartments for larger families that can be broken into two AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 19, 2020 7:00 PM, VIRTUAL MEETING 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 Maggie Neuville, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. ACCEPT DONATION OF $4,736.99 FROM THE WITRAK FAMILY TO EDEN PRAIRIE CRIME PREVENTION FUND FOR PURCHASE OF A DRONE FOR EDEN PRAIRIE POLICE DEPARTMENT (Resolution) B. SOUTHWEST LIGHT RAIL TRANSIT CONSTRUCTION UPDATE V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 5, 2020 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 5, 2020 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. DIRECT STAFF TO NOT WAIVE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MINNESOTA STATUTES 466.04 B. APPROVE USE OF $6,305 IN CDBG-CV CARES ACT FUNDS FOR PROP AND SENIOR COMMUNITY SERVICES C. APPROVE LEASE AMENDMENT WITH EDEN PRAIRIE MONTESSORI LEARNING CENTER INC. D. AWARD CONTRACT TO STERNBERG LIGHTING FOR EDEN PRAIRIE ROAD AND TOWN CENTER PLACE STREET LIGHTING CITY COUNCIL AGENDA May 19, 2020 Page 2 E. APPROVE AGREEMENT WITH AE2S FOR SYSTEM PROGRAMMING AND INTEGRATION SERVICES FOR SANITARY SEWER LIFT STATION CONTROLS SYSTEM UPGRADE F. APPROVE AGREEMENT WITH AE2S FOR SYSTEM PROGRAMMING AND INTEGRATION SERVICES FOR BULK WATER FILL STATION UPGRADE G. AWARD CONTRACT TO STANDARD SIDEWALK, INC. FOR ADA PEDESTRIAN RAMP PROJECT H. AWARD CONTRACT TO SLACK PAINTING FOR SPOT REPAIR ON BAKER RESERVOIR IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: May 15, 2020 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, May 19, 2020 ___________________________________________________________________________________________ TUESDAY, MAY 19, 2020 7:00 PM, VIRTUAL MEETING I. CALL THE MEETING TO ORDER II.PLEDGE OF ALLEGIANCE III.OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Councilon issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the CityManager’s Office at 952.949.8412 by noon of the meeting date with your name,phone number, and subject matter. If time permits after scheduled speakers arefinished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager’s Office. IV.PROCLAMATIONS / PRESENTATIONS A. ACCEPT DONATION OF $4,736.99 FROM THE WITRAK FAMILY TO EDEN PRAIRIE CRIME PREVENTION FUND FOR PURCHASE OF A DRONE FOR EDEN PRAIRIE POLICE DEPARTMENT (Resolution) Synopsis: A donation from the family of Geoffrey Witrak was made to the Eden Prairie Crime Prevention Fund to honor their mother Ruth. The Crime Prevention Fund has donated $4,736.99 to the City. MOTION: Move to adopt the Resolution accepting the donation of $4,736.99 from the Eden Prairie Crime Prevention Fund that was donated from the Witrak family to purchase a drone for the Eden Prairie Police Department. B. SOUTHWEST LIGHT RAIL TRANSIT CONSTRUCTION UPDATE Jim Alexander will present. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS ANNOTATED AGENDA May 19, 2020 Page 2 MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, MAY 5, 2020 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 5, 2020 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-H on the Consent Calendar. A. DIRECT STAFF TO NOT WAIVE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY ESTABLISHED BY MINNESOTA STATUTES 466.04 B. APPROVE USE OF $6,305 IN CDBG-CV CARES ACT FUNDS FOR PROP AND SENIOR COMMUNITY SERVICES C. APPROVE LEASE AMENDMENT WITH EDEN PRAIRIE MONTESSORI LEARNING CENTER INC. D. AWARD CONTRACT TO STERNBERG LIGHTING FOR EDEN PRAIRIE ROAD AND TOWN CENTER PLACE STREET LIGHTING E. APPROVE AGREEMENT WITH AE2S FOR SYSTEM PROGRAMMING AND INTEGRATION SERVICES FOR SANITARY SEWER LIFT STATION CONTROLS SYSTEM UPGRADE F. APPROVE AGREEMENT WITH AE2S FOR SYSTEM PROGRAMMING AND INTEGRATION SERVICES FOR BULK WATER FILL STATION UPGRADE G. AWARD CONTRACT TO STANDARD SIDEWALK, INC. FOR ADA PEDESTRIAN RAMP PROJECT H. AWARD CONTRACT TO SLACK PAINTING FOR SPOT REPAIR ON BAKER RESERVOIR IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS ANNOTATED AGENDA May 19, 2020 Page 3 MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. CITY COUNCIL AGENDA SECTION: Proclamations and Presentations DATE: May 19, 2020 DEPARTMENT / DIVISION: Greg Weber, Police Chief ITEM DESCRIPTION: Donation for Drone ITEM NO.: IV.A. Requested Action Move to: Adopt Resolution accepting the donation of $4,736.99 from the Eden Prairie Crime Prevention Fund that was donated from the Witrak family to purchase a drone for the Eden Prairie Police Department. Synopsis A donation from the family of Geoffrey Witrak was made to the Eden Prairie Crime Prevention Fund to honor their mother Ruth. The Crime Prevention Fund has donated $4,736.99 to the City. Background The Eden Prairie Police Department established an Unmanned Aerial Systems program in 2019. As the program progresses the need for equipment grows. This generous donation enables the purchase of a Mavic 2 Enterprise Drone which will be used in search and rescue and reconnaissance throughout the City of Eden Prairie as needed. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2020- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $4,736.99 from the Eden Prairie Crime Prevention Fund, as received from the Witrak Family, to be used for the the purchase of a drone for the Eden Prairie Police Department is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 19th day of May 2020. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Kathleen Porta, City Clerk 1City of Eden PrairieJim Alexander, P.E.SWLRT Project DirectorJames MockovciakSWLRT Community Outreach CoordinatorMay 19, 2020 2Today’s Topics•SWLRT Overview•Construction Activities•Light Rail Vehicles•Communications and Outreach 3•Opening in 2023•14.5 miles•16 stations•Will provide single seat trips to downtown Minneapolis, U of M and St. Paul•Connections to the Airport and Mall of America via the Blue LineMETRO Green Line Extension 4Overall Project Schedule 2011‐20152016 2017 2018 2019 2020 2021 2022 2023Project DevelopmentEngineeringROD ARODConstructionLRV Design, Production & TestingFare Collection Production & TestingIntegration TestingRevenue OperationsROD –Record of decision, AROD – Amended Record of Decision 5Funding SourcesCTIB$217.4 MHenn. Co.$592.9 MHCRRA$199.5 MEPTC: $7.7 M($6.14M CMAQ,$1.54M EP)Henn. Co and Cities: $26.4 MState: $30.3 MFTA$928.8 M(46%)$1.074 Billion Local Funds Committed $1.074 Billion Local Funds Committed 6•Hennepin County/Hennepin County Regional Railroad Authority•Cities of Eden Prairie, Minnetonka, Hopkins, St. Louis Park, Minneapolis•Minnesota Department of Transportation•Three Rivers Park District, Minneapolis Park Board•Riley Purgatory, Nine Mile, Minnehaha, and Bassett Creek Watershed Districts•SouthWest TransitLocal Project Partners 7LRT Construction SequencingUtilities• Excavation• Relocation / installationSite Prep• Clear buildings• Establish work zones, detoursStructures, Track, Stations• Track beds•Track• Buildings• Roadwork• TrailsSystems• Overhead catenary• Safety & security• Ticket vendingTesting• Safety• Communications• Operator trainingO u t r e a c h & C o m m u n i c a t i o n s 8Eden PrairieConstruction Activities 9Temporary Waiting Area for SouthWest Transit Bus Patrons 10SouthWest Station, Eden Prairie 11LRT Bridge at Prairie Center Drive,Eden Prairie 12LRT Bridge at I-494, Eden Prairie 13LRT Bridge at Valley View Road, Eden Prairie 14LRT Bridge at Nine Mile Creek, Eden Prairie 15Golden Triangle Station, Eden Prairie 16Golden Triangle Station, Eden Prairie 17LRT Bridge at TH212/Shady Oak, Eden Prairie 18LRT Tunnel at TH 62, Minnetonka 19Light Rail Vehicles 20Light Rail Vehicle 301: Final Detailing 21Type II DesignType III DesignSWLRT Vehicles 22Development Opportunities 23Development Along LRT: $17+ Billion•Green Line:Permitted development: $5.8BPlanned development: $3.6B•Blue Line:Permitted development: $4.3BPlanned development: $1.5B•Green Line Extension:Permitted development: $1.3BPlanned development: $0.5BFor years 2003‐2018, Metro Transit Development Trends Along Transit (2019 Report) 24SWLRT Development TrendsDevelopment Type Permitted PlannedResidential Units 3,1003,900 Residential Value$394,000,000 $347,000,000 Commercial Value$800,000,000 $30,000,000 Public/Institutional Value$121,000,000 $51,000,000 Industrial Value$32,000,000N/AMixed Use ValueN/A $150,000,000 Total$1,347,000,000 $578,000,000 25Communications and Outreach 26•Sign-up for the weekly project construction updates at swlrt.org; sent out every Friday to your email and/or phone•Follow us on:Twitter: @SouthwestLRTFacebook: @MetropolitanCouncilInstagram: @southwest_lrtFlickr: flickr.com/photos/metcouncil/albums•Learn more about the project: swlrt.orgVideosStation renderingsCommittee informationConstruction Communications 27Construction Resources: 2020 Schedules 28SWLRT.ORG: Detour Maps, Videos, Designs 29Construction Resources: Trail DetoursInteractive Trail Detour Map atSWLRT.ORG 30Construction Information Workgroups (CIW)•Membership: residents, business owners, community group representatives•Role: ensure construction communications is being coordinated/shared in a timely and user-friendly manner; assist SPO in evaluating construction outreach and communication effortsSPO role/function: Convenes and provides staff supportMonthly meetings frequency: Last Thursday at 5:00 PM 31CIW Feedback•Like the new construction update format•Maps make it easier to understand construction information •Desire more details about what construction methods entail and what to expect •Discussed area specific construction observations (example: dust)•Create content for kids•Have fun, celebrate milestones 32Stay Updated!Online:SWLRT.orgTwitter:@SouthwestLRTFlickr:flickr.com/photos/metcouncil/albumsFacebook:@MetropolitanCouncilInstagram:@southwest_lrt UNAPPROVED MINUTES CITY COUNCIL WORKSHOP TUESDAY, MAY 5, 2020 5:30 – 6:30 PM, VIRTUAL MEETING 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 Maggie Neuville, and Recorder Katie O’Connor Workshop – Virtual Meeting (5:30) I. 2019 AUDIT AND FINANCIAL STATEMENTS (5:30-6:10) Chris Knopik and John Lorenzini from CliftonLarsonAllen, presented a summary of the City audit. Knopik stated the audit team consisted of Chris Knopik, John Lorenzini, Troy Gabler, Emma Casey, Greg Lundberg, and Grace Trocinske. Lorenzini presented the audit results. The City has an unmodified, clean, opinion for the December 31, 2019 financial statement audit. There was one audit adjustment due to two grant reimbursements being received later than expected. There were no significant deficiencies. There were no legal compliance findings. The Governmental Accounting Standards Board (GASB) new accounting policies are in regards to fiduciary activities. There were no difficulties in performing the audit. Lorenzini presented financial results. The general fund revenues were $2.6 million, 5.5 percent over budget. Expenditures were $767,000, two percent under budget. There is an $893,000 increase in fund balance for 2019. Within the unassigned fund balance, 50 percent of the following year’s tax revenue is working capital. Budget stabilization accounts for 15 percent of next year’s budgeted expenditures. General fund revenues were up $1.7 million, or four percent, compared to 2018. General fund revenues and expenditures have been consistent. Property taxes account for approximately 71 percent, 12 percent for charges for services, 10 percent for licenses and permits, four percent for intergovernmental, and three percent for other. Lorenzini stated there was an increase of $781,000, or 2 percent, for general fund expenditures compared to 2018. Water fund operations operating revenues have decreased 8.6 percent from the prior year due to a decrease in usage. Operating expenses decreased 10.6 percent. There was $1.7 million cash flow provided by operations in 2019. The ending balance for 2019 in that fund was approximately $17 million. Wastewater fund operations operating revenues increased 5.8 percent from the prior year. Operating expenses increased 4.3 percent. The ending fund balance in 2019 was $5.6 million. City Council Workshop Minutes May 5, 2020 Page 2 Operating revenues in stormwater fund operations was up 15 percent. Operating expenses were up two percent from 2019. The total cash and investments balance was $3.6 million, which is an improvement over last year. The advance for the Burr Ridge project from 2015 has been paid down each year. It is now paid down to $786,000. Aho inquired when the City anticipates paying the debt off. Kotchevar responded in four to five years. Knopik stated liquor store sales increased 2.1 percent for liquor fund operations. Similar to the prior year, the City transferred $800,000 to the capital improvement maintenance fund. Gross profit was up $100,000, or 3.5 percent. Net profit was up $98,000. The gross profit percentage was up slightly from 2018. The 2019 gross profit percentage for the 7-County Metro area is unknown at this time. The City has continually had a higher percentage than the 7-County Metro. Knopik stated the estimated market values increased $1.6 billion from 2010 to 2020. 2020 estimates are $11.1 billion. 2019 increased $454 million from 2018, a total of $10.7 billion. Aho inquired about the impact of COVID-19. Getschow stated 2020 values were set in 2019. What happens the rest of this year will determine what values are set for the following year. Aho added he is concerned about the loss of revenue in commercial value, ultimately putting stress on residential taxes. Knopik stated there is an inverse relationship between tax capacity and tax capacity rate The overall tax rate for the City was 32.34 percent in 2018, 31.52 percent in 2019, and 31.48 percent in 2020. City taxes paid for a median home is the fourth lowest compared to surrounding cities in 2019. The revenues per capita increased $218 from the prior year. Compared to other cities of comparable size, per capita revenues were $244 more. Eden Prairie has not received local government aid (LGA) since 2003. The City’s per capita expenditures total increased $229 from 2018, primarily due to capital expenditures. Per capital current expenditures are $87 more than other similar sized cities in the State. This is primarily due to the City’s parks and recreation, public safety, and community development programs. Case inquired if the numbers are weighted based on the size of the city. Knopik responded they are not weighted. All the numbers used are the raw data. Knopik stated the financial statements are required to be submitted to the office of the state auditors (OSA) by June 30, 2020. Effective December 31, 2020, the GASB statement No. 87 will impact leases. They are looking to issue a delay due to COVID-19. In this case, changes will not be applicable until December 31, 2021. The City has continued to retain its AAA bond rating and is one of 28 cities in the state. The City has also received the Government Finance Officers Association (GFOA) Certificate for Excellence in Financial Reporting since 1990. Aho noted his appreciation and acknowledged the hard work of the finance staff. Council Members echoed those statements. City Council Workshop Minutes May 5, 2020 Page 3 Getschow stated in regards to COVID-19 and the impacts on the 2021, two of the workshops in the summer will cover this topic. Some cities are seeing impacts due to diversified revenue streams such as lodging taxes or loss of LGA funds. The City has budgeted for a delay of property taxes. Parks and Recreation impacts could be .5 percent of general fund revenues. II. CDBG-CV FUNDS (6:10-6:30) Stanley stated $168,055 community development block grant coronavirus (CDBG-CV) funds were awarded to the City under the Coronavirus Aid, Relieve, and Economic Security (CARES) Act. There has been an emphasis on dispersing the funds quickly. The public services cap of 15 percent has been waived. The activities for the funds must be tied to a COVID-related need. Funds can be used to reimburse activities already undertaken, if they prevented, prepared for, or responded to Coronavirus. A spend by date has not been announced. Some potential eligible expenditures are financial assistance for rent, mortgage, utilities, or arrears; food support; senior services; staff costs to determine eligibility for programs; staffing for increased food assistance; and personal protective equipment (PPE). Stanley stated the staff action to date has had an aggressive timeline for City acceptance of funds, issuance of requests for proposal (RFP), and amendment to the Annual Action Plan; solicited proposals from existing partners; reviewed applications; and brought the item before Council for approval. Stanley stated the City has received a request of $90,000 from People Reaching Out to People (PROP) to be utilized for housing direct services, increased staffing for housing COVID-related fresh produce purchases, and a three door cooler. There was a request from Senior Community Services for $880 to assist with PPE for use in its Household and Outside Maintenance for Elderly (HOME) program. Stanley stated if both are fully funded and $10,000 is deducted for administrative funds, the remaining balance is $61,920. The recommendation is to fully fund both requests. Case stated it has been beneficial to have the office of housing and community services (OHCS) as a resource. Nelson stated the Eden Prairie Foundation has funded an organization that assisted with school lunches, and this may be something to consider providing additional funds to. Narayanan added other organizations to consider are Meals on Wheels, or any organizations that assist with mental health. Case inquired if the remaining funds would come back to a Council meeting for approval. Getschow noted requests could be reviewed by Council but may not require approval. Case stated his preference would be to provide funds for food, rent, and mental health assistance. Eden Prairie Foundation is also looking to fund these needs. He inquired what the specific approval will be at the Council meeting. Stanley replied the Council would approve the use of the funds and the specific requests. Council would also direct the preferences for additional funding. Nelson noted she would like to be certain fire and police have adequate PPE. Getschow stated the funds have to be targeted for low to moderate income recipients. The City has budgeted for PPE needs. City Council Workshop Minutes May 5, 2020 Page 4 Freiberg stated he supports food assistance programs, and he agrees with supporting Meals on Wheels and the school lunch program. Aho noted he does not want to create delays for dispersing the funds. He prefers the City to fund needs as they arise. Narayanan stated he is uncertain about immediately dispersing all funds, and perhaps funds could be incrementally dispersed to serve the greatest need. Case stated the Council is leaning heavily on the OHCS’s recommendations for funding, as they are very aware of the needs in the community. III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 5, 2020 7:00 PM, CITY CENTER Virtual Meeting Via WebEx 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, Finance Director Sue Kotchevar, Police Chief Greg Weber, City Attorney Maggie Neuville, 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 Mayor Case welcomed viewers to tonight’s virtual Eden Prairie City Council meeting. He noted he is alone in the City Council Chamber conducting the meeting while the other Council Members are participating live from their homes. He hoped to be back together with the other Council Members in the Council Chamber soon, depending on what happens with the Governor’s directions and with public meetings around the State. Open podium will come back to the Council meetings when that occurs. IV. PROCLAMATIONS / PRESENTATIONS A. 2019 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Getschow reported the Council had an entire workshop devoted to the Comprehensive Annual Financial Report (CAFR). Representatives of the auditing firm are here to present the 2019 financial report during the Council meeting. Chris Knopik and John Lorenzini, representing the auditing firm of Clifton Larson Allen, reviewed the December 31, 2019 audit. Mr. Lorenzini reported the audit of the December 31, 2019, financial statements resulted in the issuance of an unmodified (clean) opinion by his firm. There were no legal compliance findings to report to the State of Minnesota. He reviewed the revenue and expenditures for the General Fund and each of the Enterprise funds. CITY COUNCIL MINUTES May 5, 2020 Page 2 Mr. Knopik reported on the estimated market values and noted those increased $1.6 billion over the period 2010 to 2020, with significant increases occurring over the last several years. The overall City tax rate has been well controlled. He noted per capita total expenditures have increased in the last couple of years, including capital expenditures for the light rail construction. He commended the City for again receiving a bond rating of AAA and the GFOA Certificate for Excellence in Financial Reporting for the 2018 CAFR. He cautioned there will be a need to treat lease transactions a little differently when GASB Statement No. 87 becomes effective at year end 2020 or 2021. The transition to the new method will require some additional staff time. MOTION: Narayanan moved, seconded by Aho, to accept the 2019 Comprehensive Annual Financial Report (CAFR). Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” Case thanked Mr. Knopik and Clifton Larson Allen for their work and thanked our City staff led by Sue Kotchevar. B. SENIOR AWARENESS MONTH PROCLAMATION Lotthammer reported usually we have a group of seniors from the Senior Advisory Group present in the Council Chamber when we discuss Senior Awareness Month; however, the Senior Center is closed at this time of social distancing. He said that facility will probably be among the last to reopen in order to keep the senior community as safe as possible. He noted staff has set up call-in trees to keep in touch with seniors, and some of the seniors have continued to meet and socialize virtually. Mayor Case read a proclamation proclaiming May 2020 as Senior Awareness Month. C. NATIONAL POLICE WEEK PROCLAMATION Police Chief Weber reported Eden Prairie Police Officers would usually plan to attend the ceremony to commemorate National Peace Officers Memorial Day held at the State Capitol as part of National Police Week, but that event will not take place this year. Mayor Case read a proclamation proclaiming the week of May 10-16, 2020, as National Police Week. He thanked Chief Weber for all he and the members of our Police force do to keep the community safe. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Freiberg moved, seconded by Nelson, to approve the agenda as published. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” CITY COUNCIL MINUTES May 5, 2020 Page 3 VI. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY, APRIL 21, 2020 MOTION: Nelson moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, April 21, 2020, as published. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. ADOPT RESOLUTION NO. 2020-58 APPROVING FINAL PLAT OF EDEN RIDGE C. APPROVE FIRST AMENDMENT TO LEASE AGREEMENT WITH IPP – STORES, LLC DBA CHUCK & DON’S PET FOOD & SUPPLIES D. APPROVE TERMINATION OF DECLARATION OF EASEMENTS RELATED TO CASTLE RIDGE AND AUTHORIZE EXECUTION OF CITY CONSENT AND JOINDER E. ADOPT RESOLUTION NO. 2020-59 DESIGNATING OFFICIAL CITY NEWSPAPER F. APPROVE AGREEMENT WITH BLUE WATER SCIENCE FOR 2020 WATER QUALITY MONITORING PROGRAM G. AWARD CONTRACT TO PARROTT CONTRACTING, INC. FOR KIMBERLY LANE-CHENNAULT WAY SPCS PROJECT H. AWARD CONTRACT TO KEVIN CASEY LLC FOR KRISTIE LANE SPCS PROJECT I. APPROVE GROUNDWATER CONSERVATION GRANT FUNDING AGREEMENT WITH RILEY PURGATORY BLUFF CREEK WATERSHED DISTRICT J. APPROVE RAILROAD CROSSING AGREEMENT WITH TC&W FOR BIRCH ISLAND ROAD K. AUTHORIZE CONTRACT WITH NATIVE RESOURCES FOR MAINTENANCE OF NATIVE PLANTING AREAS CITY COUNCIL MINUTES May 5, 2020 Page 4 Getschow noted the Council Members received an update to Item VIII.G. on the Consent Calendar as it related to the amount of money that was part of the quotation. MOTION: Freiberg moved, seconded by Aho, to approve Items A-K, on the Consent Calendar. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” IX. PUBLIC HEARINGS / MEETINGS A. VILLAS AT SMITH VILLAGE by Halley Land Corp. Resolution 2020-60 for Comprehensive Guide Plan Change on 1 acre; Resolution 2020-61 for PUD Concept Review on 1 acre; First Reading of an Ordinance for PUD District Review with waivers and Zoning District Change on 1 acre; Resolution 2020-62 for Preliminary Plat on 1 acre (Resolution No. 2020-60 for Comprehensive Plan Change; Resolution No. 2020-61 for PUD Concept Review; Ordinance for Zoning District Change; Resolution No. 2020-62 for Preliminary Plat) Getschow stated this is the third piece of the development at Smith Village. The applicant is proposing to develop a one-acre parcel into six single-family detached villas. The one-acre parcel is located within the Smith Village neighborhood just east of Eden Prairie Road on Glory Lane. The parcel was previously approved for six townhome units (two buildings with three units in each) as part of the overall Smith Village development. Michael Halley, Halley Land Corporation, reviewed their request to eliminate the common walls in the six originally-proposed townhomes in order to build six detached single family homes. The detached single family homes will provide more privacy, more green space, and allow for more landscaping. He noted he was surprised when it became apparent the prime buyers for these homes are the children of some of the buyers of the Applewood Pointe units, which are also part of the Smith Village development. Other details of the development will remain the same, including the parking design, essential footprint, and the prices, which will range from $600-750,000. The one-acre parcel will be re-guided to Medium Density Residential rather than Medium High Density Residential. Case asked Mr. Getschow how public comment for this item has been handled. Getschow responded members of the public have been instructed to contact the City to give input prior to tonight’s meeting. In addition, the public has the ability to call in to the phone numbers shown on screen during the interactive meeting in order to present information during the public hearing. Nelson asked if the garages will have Electric Vehicle (EV) plug-ins. Mr. Halley replied there would be power outlets in the garages, but he was not sure if it would be a higher voltage. Aho explained it would need to be a 220- or 240-volt outlet and would be less expensive to put in if it were to be prewired at that voltage. Mr. Halley said he would agree to adding those. CITY COUNCIL MINUTES May 5, 2020 Page 5 Nelson asked if the home owners would be able to put solar panels on the roofs. Mr. Halley said there is no stipulation in the covenants against use of solar panels, and he did not see a problem adding those. The only consideration would be the City’s criteria regarding installation of solar panels. Case opened the public hearing. Getschow noted there is nobody wishing to speak at the public hearing tonight. Case asked if anyone had contacted us prior to the public hearing. Getschow said no one contacted us prior to the meeting. MOTION: Aho moved, seconded by Freiberg, to close the public hearing. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” Case asked Mr. Getschow to instruct staff to communicate the need for the EV plug-in availability with any proponent coming to us with a housing development, especially for single family homes. We have found in the last two developments reviewed by the Council it is not an exorbitant cost, and we should have that as part of the standard conversation when a proponent brings in a plan. MOTION: Freiberg moved, seconded by Narayanan, to adopt Resolution No. 2020-60 for a Guide Plan change from Medium High Density Residential to Medium Density Residential on 1 acre; to adopt Resolution No. 2020-61 for a Planned Unit Development concept review on 1 acre; to approve the first reading of an ordinance for a Planned Unit Development district review with waivers and a zoning district change from RM-2.5 to R1-9.5 on 1 acre; and to adopt Resolution No. 2020-62 for a Preliminary Plat of 3 lots into 7 lots on 1 acre. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” X. PAYMENT OF CLAIMS MOTION: Narayanan moved, seconded by Freiberg, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATION XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER CITY COUNCIL MINUTES May 5, 2020 Page 6 C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR 1. CDBG-CV Funds (Resolution No. 2020-63) Getschow explained the City receives Community Development Block Grant (CDBG) funds as a pass-through from the Federal government to serve low to middle income recipients. This year an additional $168,055 is being allocated to those funds to assist people with coronavirus issues in the community through the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Staff went out to the providers in the community to ask them to submit proposals for the use of these funds. We received two applications: one for about $90,000 from PROP for rental, mortgage and food assistance; and a request for $880 for Senior Community Services to provide personal protective equipment (PPE) for seniors who help with the HOME program. The resolution tonight would approve use of the funds and would update the action plan to provide funds to those in need. Some of the money can be provided retroactively in addition to funding needs going forward. Case asked if the extra funding must be directly tied to the corona virus crisis. Getschow replied that was true. Case said the City Council has approved specific expenditures but also had some discussion at the workshop about priorities we feel rise to the surface. Although the need is so great in so many areas, we will not be able to address every need. Food insecurity was very important to the Council Members, as was help with rental expense. Another need was mental health issues. We wanted to help any agency that addressed those needs. Narayanan said he would add senior care to the list. Aho said providing the amounts requested to the two groups leaves us with $50-60,000 as a remainder to deal with anything that comes up in the near future. He thought it is good to get the money out to those who need it as expeditiously as possible. Case commented as we go through the year there will be opportunities for us to look at other funding sources as well, and we would not limit our resources just to this money from the Federal government. The Eden Prairie Community Foundation receives contributions from private citizens, and we appreciate those who can assist others and are able to contribute money. We have some amazing non-profits in Eden Prairie, and we are proud of our many volunteers in the City. Freiberg reminded the others of the Council’s discussion regarding how we could help small businesses if there is a need down the road. Case noted we have been in contact with the Chamber. There are funding streams to help small businesses that have started up, but we will address how we could help them if needed. CITY COUNCIL MINUTES May 5, 2020 Page 7 MOTION: Nelson moved, seconded by Narayanan, to adopt Resolution No. 2020-63 approving the Substantial Amendment to the 2019 CDBG Annual Action Plan to allocate $168,055 of Community Development Block Grant Coronavirus funds. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” D. REPORT OF PARKS AND RECREATION DIRECTOR Lotthammer gave an update on the Parks & Recreation Department programs and facilities. The Parks Department has been directly impacted by the corona virus and we have had to make drastic changes to the City facilities and services in response to the pandemic. As of March 13, all our spring programs were cancelled and all recreational facilities were closed indefinitely. Since that time, use of the trails and parks has increased to a level he has never before seen. It is great to see our residents being mindful of health and wellness, but with that usage comes extra maintenance. Because staff needs some time in advance to prepare for the future, tomorrow we will look at cancelling recreational programs up to July 5. He also wanted people to know that our facilities are still closed indefinitely until it is appropriate to open them up, and staff will not take any new rentals until after July 5. This is a huge time of the year for our park facilities. People with reservations for the facilities through May 18 have been contacted. After May 18 we will continue to call people through mid-June to let them know the reservation may be cancelled. We are also suggesting we cancel the concert series at Staring Lake through the month of June; however, we hope to be able to do some events in the month of July in a social distancing scenario. The People Fest and the Home Town celebration will take on a more virtual experience without bringing people together. He noted our recreation programmers have converted over to doing park maintenance and are helping with planting and mowing. Nelson reported her conversations with people who have grade school children who wanted to let the Parks Department know they are so thankful for having a place for the kids to play and to please keep it up. Lotthammer replied staff has received similar feedback. We have heard about possible transmission of the virus on play structures and have closed those off. As time goes on, we may get additional guidance and may be able to open those back up. Case was proud of our phenomenal parks and trails. As a local government, we try to stay on top of information available and try to make the best decisions possible. The virus is not going away and will continue to roll through the population. It is important that we don’t think we have beat the virus because we will start to spread it again if we open up. He did not think there will be any large gatherings in the State for the rest of the year. The virus will be around until a vaccine is produced, and social distancing will be around for a long time. We need to be sensitive and responsible and try to be respectful of the health and safety of our people. We are doing the best we can. He asked people to continue to email Council Members with any questions and opinions. CITY COUNCIL MINUTES May 5, 2020 Page 8 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: Aho moved, seconded by Narayanan, to adjourn the meeting. Motion was approved on a roll call vote, with Aho, Freiberg, Narayanan, Nelson and Case voting “aye.” Mayor Case adjourned the meeting at 8:22 p.m. Requested Action Move to: Direct staff to not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. Synopsis The City of Eden Prairie obtains liability coverage from the League of Minnesota Cities Insurance Trust. Each City Council must formally decide whether to waive or not to waive the statutory tort liability limits to the extent of the coverage purchased. Staff recommends that the City choose not to waive. Attachment Waiver Form CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 19, 2020 DEPARTMENT/DIVISION: Human Resources Alecia Rose, Administrative Services/HR Director ITEM DESCRIPTION: Direct Staff to not Waive the Monetary Limits on Tort Liability Established by Minnesota Statutes 466.04 ITEM NO. : VIII.A. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 19, 2020 DEPARTMENT/DIVISION: Community Development Janet Jeremiah, Director Jeanne Karschnia, Housing Services Coordinator ITEM DESCRIPTION: Approve Use of $6,305 in CDBG –CV CARES Act Funds for PROP and Senior Community Services ITEM NO.: VIII.B. Requested Action Move to: Approve the use of $6,305 in Community Development Block Grant Coronavirus (CDBG-CV) funds for People Reaching Out to People (PROP) and Senior Community Services to address the needs of Eden Prairie residents affected by COVID-19. Synopsis PROP has received increased requests for food assistance due to COVID-19, which has led to buying in bulk instead of daily grocery pick-ups, and, therefore, additional food storage is needed. PROP is requesting $5,255 to purchase a three door storage cooler in order to store additional food purchases and meet resident need during the crisis. Senior Community Services (SCS) supports family caregivers who provide much of the financial and emotional support needed to help older adults continue to live safely in their own homes. A social worker provides information, training, consultation, and support for caregivers and also works with frail older adults in Eden Prairie. SCS is seeing caregivers experiencing even more emotional difficulties with COVID-19. Social workers are conducting important and vital family meetings and caregiver counseling sessions via remote video platforms. In order to support these social workers, SCS is requesting $1,050 to purchase a Zoom membership, laptop and headset in order to reach as many seniors and caregivers remotely during COVID-19 as it can. Background Information The Department of Housing and Urban Development (HUD) has announced that the City of Eden Prairie has been allocated $168,055 in Community Development Block Grant Coronavirus (CDBG-CV) funds to be used to prevent, prepare for, and respond to the coronavirus through emergency assistance programs through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). An initial allocation of $90,880 was approved by the city council on May 5, 2020. Attachments PROP CDBG-CV Request Letter Senior Community Services CDBG-CV Request Letter May 12, 2020 Jeanne Karschnia | Housing Services Coordinator City of Eden Prairie Dear Jeanne, Thank you for the opportunity to ask for an additional $1,050 (Zoom license $75; Headset $175; Laptop $800) of 2020 CDBG-CV funding to respond to COVID-19 by equipping our licensed social worker, Lee Ann Eiden, with the resources she needs to continue to virtually serve older adults and caregivers in Eden Prairie during this pandemic. Lee Ann helps Eden Prairie seniors remain healthy and safe. With her assistance, these older adults and their families can access the most appropriate and affordable combination of services during COVID-19 that help them stay safe, healthy, and living independently in Eden Prairie. Many seniors can video chat, but for others we are connecting via phone. While caregiving is rewarding, it can also be very stressful. Getting support during COVID-19 is crucial to long-term success. Lee Ann offers a variety of ways to get caregivers, many of whom are seniors themselves, the support they need to maintain their own life balance and health. Most caregivers can participate in caregiver support groups and one-on-one support through video chat. Over the past 70 years, Senior Community Services has adapted and responded to the changing needs of low-income seniors and their families who care for them. We are once again reshaping our services to meet the needs of older adults… the population at greatest risk of contracting COVID-19. We are incorporating virtual platforms now and preparing for potential future pandemics. Family caregivers provide much of the financial and emotional support needed to help older adults continue to live safely in their own homes. Lee Ann provides information, training, consultation, and support for caregivers and works with frail older adults in Eden Prairie. We are seeing caregivers experiencing even more emotional difficulties with COVID-19. Lee Ann did not miss a beat – she began very soon after the stay-at-home orders, in conducting vital family meetings, caregiver counseling, and caregiver support group sessions via remote video platforms. We send our heartfelt thanks to you and the Eden Prairie City Council for considering this request. Sincerely, Deb Taylor Chief Executive Officer 952.767.7897 d.taylor@seniorcommunity.org Celebrating 70 years of Mobilizing the Community to Reimagine Aging 10201 Wayzata Boulevard | Suite 335 | Minnetonka, MN 55305 | 952.541.1019 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 19, 2020 DEPARTMENT/DIVISION: Janet Jeremiah/David Lindahl Community Development ITEM DESCRIPTION: Approve Lease Amendment with EP Montessori Schools ITEM NO.: VIII.C. Requested Action Move to: Approve First Amendment to Lease Agreement with Eden Prairie Montessori Learning Center Inc., a tenant. Synopsis The lease amendment allows EP Montessori to pay 60% of its normal monthly rent for the months of June, July, and August 2020. The lease term will be extended for three months to help recover the lost rent. Background Information Eden Prairie Montessori Learning Center leases a City owned property located at 8098 Glen Lane. The property, a former Kindercare daycare facility, was acquired by the City in 2008 for the widening of Singletree Lane. EP Montessori owners indicated that since the outbreak of the Covid-19 Pandemic they have lost 80% of their students. They are still open but only serving children with parents who are essential workers, including some teachers at the Eden Prairie school district. They have also reduced tuition rates until the end of August. Attachment First Amendment to Lease Agreement – EP Montessori School FIRST AMENDMENT TO LEASE Eden Prairie Montessori THIS FIRST AMENDMENT TO LEASE AGREEMENT (the “First Amendment”) is made this 19th day of May, 2020 between the City of Eden Prairie (“Landlord”), and Eden Prairie Montessori Learning Center, Inc. (“Tenant”). WHEREAS, Landlord and Tenant are parties to that certain Lease Agreement dated June 14, 2017, for the Premises located at 8098 Glen Lane, City of Eden Prairie, Minnesota, consisting of approximately 4,750 square feet (the “Lease”). WHEREAS, due to a downturn in its business as a result of the coronavirus pandemic, Tenant is requesting rent relief from Landlord; WHEREAS, Tenant and Landlord mutually desire to provide for a period of partially abated rent; and WHEREAS, Tenant and Landlord further desire to extend the term of the Lease for a period of time equal to the period of partially abated rent. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, Landlord and Tenant hereby amend the Lease as follows: 1. Section 1.2 of the Lease is amended by deleting the section in its entirety and replacing it with the following: 1.2 This Lease shall have a term of approximately five (5) years and three (3) months, beginning on July 1, 2017 and ending on September 30, 2022 (“Termination Date”). 2. Section 2.3 of the Lease is amended in the rent table, by deleting Year “5” and replacing it with “5 through the Termination Date”. 3. The Lease is amended by adding the following new Section 43: 43. CORONAVIRUS PANDEMIC PARTIAL RENT ABATEMENT Notwithstanding anything to the contrary in this Lease, Tenant shall pay to Landlord sixty percent (60%) of its Monthly Installment of Rent for the months of June, July, and August 2020 (the “Partial Abatement Period”). The remaining forty percent (40%) shall be forgiven by Landlord, but the term of this Lease shall be extended beyond the current Termination Date for an additional three months as described in paragraph 2 of this First Amendment. During the Partial Abatement Period, Tenant shall be required pay to Landlord any additional rent or other amounts due to Landlord under the Lease on the dates when such amounts are due and owing. 2 For avoidance of doubt, Tenant’s normal Monthly Installments of Rent for the Partial Abatement Period are as follows: June 2020 - $6,384.79; July 2020 - $6,511.46; August 2020 - $6,511.46. Sixty percent of these amounts results in the following amounts due from Tenant to Landlord during the Partial Abatement Period: June 2020 $3,830.87 July 2020 $3,906.88 August 2020 $3,906.88 Tenant shall resume regular payments of Monthly Installments of Rent as described in Section 2 of the Lease for the payment due September 1, 2020. During the Partial Abatement Period, the Lease shall otherwise remain in full force and effect and Tenant shall continue to fulfill all of its other obligations under the Lease. 4. Except as amended herein all terms of the Lease remain unchanged and in full force and effect. IN WITNESS WHEREOF, Landlord and Tenant have caused this First Amendment to Lease to be executed as of the date set forth above. [Signatures on Following Page] 3 LANDLORD: CITY OF EDEN PRAIRIE By: ____________________________ Ronald A. Case, Mayor By: ____________________________ Rick Getschow, City Manager 4 TENANT: EDEN PRAIRIE MONTESSORI LEARNING CENTER, INC. By: ____________________________ Its: ____________________________ CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 19, 2020 DEPARTMENT/DIVISION: Carter Schulze Public Works/Engineering ITEM DESCRIPTION: Award Contract to Sternberg for the Purchase of Streetlights for Eden Road & Town Center Place related to the Southwest Light Rail Project ITEM NO.: VIII.D. Requested Action Move to: Award the Contract for the purchase of 37 decorative lights from Sternberg Lighting for Eden Road and Town Center Place related to the Southwest Light Rail Project in the amount of $174,640.00. Synopsis The decorative lights are part of the Eden Road and Town Center Place road extension and reconstruction project expected to start this spring and be completed by late 2020. Two quotes were received for lighting. One quote from Sternberg and the other from Greybar. The Greybar quote was 23% higher than Sternberg and slightly different in style. Sternberg is the only manufacturer of these City desired lights, which match other lighting in this area. Background Information Eden Road will be reconstructed and extended as part of the SWLRT project from Flying Cloud Drive to the Town Center LRT Station. The project will include a variety of streetscape improvements including decorative lights w/banners, planter boxes, benches, sidewalks, trails and landscaping. The new decorative lights will be similar in style and color to the new lights recently installed on Singletree Lane. They will also have outlet boxes to power holiday lights. Financial Implications Funding for the lights is from the Economic Development Fund. Attachments Contract for Goods Decorative Light Example Specification Sheet 2017 06 10 Contract for Goods and Services This Contract (“Contract”) is made on the 19th day of May, 2020, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Sternberg Lighting, an Illinois Corporation (hereinafter "Vendor") whose business address is 555 Lawrence Avenue Roselle, Illinois 60172. . 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 materials by Vendor for Eden Road and Town Center Place Lights hereinafter referred to as the "Materials". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide the Materials in accordance with attached Exhibit A (Sternberg Lighting Quotation Dated 5/15/20). 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 Materials under this Contract shall be provided, performed and/or completed by _October 1, 2020. Date noted is based on a delivery date estimated at 14-16 weeks following approval of this Contract. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $174,640.00 as full and complete payment for the materials provided 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. City agrees to pay invoice within 35 days of invoice date. 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. Standard Purchasing Contract 2017 06 01 Eden Rd and Town Center Place Lights Page 2 of 8 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.) d. Vendor has provided the City with a Certificate of Insurance evidencing the insurance coverages required above, which Certificate is attached hereto as Exhibit B. 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 the materials as provided on Exhibit C attached hereto and incorporated herein. 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 Eden Rd and Town Center Place Lights Page 3 of 8 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 all of its subcontracts for program work, and will require all of its subcontractors for such work to Standard Purchasing Contract 2017 06 01 Eden Rd and Town Center Place Lights Page 4 of 8 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 Eden Rd and Town Center Place Lights Page 5 of 8 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: Mark J Dean Its: President OPID 41899 Page 1 of 2 Account Job CITY OF EDEN PRAIRIE 8080 MITCHELL ROAD EDEN PRAIRIE, MN 55344 EDEN PRAIRIE, MN EDEN ROAD AND TOWN CENTER PLACE EDEN PRAIRIE, MN EXHIBIT A QUOTATION Estimated Lead Time SalesRep Territory FOB Quoted By Sales Eng. 14 - 16 Weeks RLM M Roselle, IL KMAY Kim Notes: - SEE LINE SPEC NOTES FOR ASSEMBLY DETAILS Unit Price QTY DESCRIPTION EXTENDED 37 1A-1480LED(MOD)-1L40T3-MDL10-A-EZ/OGPT/3318'.2"P5-.250-BDBA6-GFI LPIUC/BK $4,720.00 $174,640.00 SIMILAR TO PREV ORDER C46048 (4/9/2019) - ADD GFI LPIUC - 60 WATT | 5705 LUMENS, LED, HANGING FIXTURE - MOD: ADD ADDITIONAL RING TO TOP OF FIXTURE | REMOVE CAGE FROM LENS - 0-10V DIMMING DRIVER FOR 120-277V - A: CLEAR, ACRYLIC BODY LENS - EZ: HANG STRAIGHT - OGPT: POST-TOP MOUNTED, DECORATIVE ARM - 18'-2" ALUMINUM POLE ASSEMBLY W/5" OD, ROUND, STRAIGHT, SMOOTH SHAFT & DECORATIVE BASE * OAH: 21'-6" (21.5') - 0.250" WALL THICKNESS - STANDARD ANCHOR BOLTS & TEMPLATE INCLUDED - BDBA6: SET OF BREAKAWAY BANNER ARMS; BANNER BY OTHERS - GFI LPIUC: 15A DUPLEX GFI W/ LOW-PROFILE IN-USE COVER - BK: SMOOTH BLACK FINISH Quote Total $174,640.00 Quote ID 123822 Status Open Quotation Date 05/15/2020 Expire Date 06/15/2020 Page 2 of 2 QUOTATION Terms and Conditions QUOTES: - QUOTED PRICING VALID UNTIL EXPIRATION DATE NOTED. - ALL QUOTES SUBJECT TO STANDARD TERMS AND CONDITIONS; SEE STERNBERG WEBSITE FOR DETAILS. - WE RESERVE THE RIGHT TO CORRECT ANY TYPOGRAPHICAL ERRORS. - SCREW IN LAMPS NOT PROVIDED BY FACTORY SUBMITTAL DRAWINGS: - ALL ORDERS $10,000 AND OVER REQUIRE SIGNED/STAMPED APPROVAL FACTORY DRAWINGS PRIOR TO RELEASING INTO PRODUCTION. HOLD FOR RELEASE ORDERS: EXPIRE 6 MONTHS AFTER RECEIPT, MAY BE SUBJECT TO REQUOTE FREIGHT TERMS: - $7,500 NET DISTRIBUTOR COST FOR FACTORY PRE-PAID TO A SINGLE LOCATION WITHIN THE 48 CONTIGUOUS UNITED STATES. - MULTIPLE LOCATION SHIPMENTS AND/OR SPLIT SHIPMENTS SUBJECT TO ADDITIONAL FREIGHT CHARGES. - MULTIPLE SHIPMENTS AND/OR DELIVERY LOCATIONS ON ORDERS ARE SUBJECT TO ADDITIONAL FREIGHT CHARGES TO BE BILLED TO CUSTOMER. - RESIDENTIAL SHIPMENTS REQUIRE FLAT CHARGE OF $100.00 PER SHIPMENT STANDARD SHIPMENTS: - ALUMINUM POLES & FIXTURES: VAN DELIVERY - STEEL POLES: FLAT BED DELIVERY. FACTORY WILL NOT SHIP FIXTURES ON A FLAT BED. - CONCRETE POLES: FLAT BED DELIVERY SPECIAL FREIGHT ACCOMMODATIONS: - REQUESTS FOR RUSH DELIVERY, LIFT GATE, DRIVER ASSISTANCE OR FORKLIFT UNLOAD WILL INCUR ADDITIONAL COSTS TO BE BILLED TO CUSTOMER. CANCELLATION OF SALES ORDER: SUBJECT TO MINIMUM 50% CANCELLATION FEE. CANADIAN CUSTOMERS: REQUIRED TO REMIT CANADIAN FUNDS TO STERNBERG VIA BANK WIRE TRANSFER. PAYMENT TERMS: NET 30 DAYS FROM INVOICE DATE. Quote ID 123822 Status Open Quotation Date 04/28/2020 Expire Date 04/29/2020 EXHIBIT B CERTIFICATE OF LIABILITY INSURANCE COVERAGES CERTIFICATE NUMBER: 606752437 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL LIABILITY USC007140190 7/1/2019 7/1/2020 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 CLAIMS-MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY PRO- JECT X LOC $ A AUTOMOBILE LIABILITY USC007140190 7/1/2019 7/1/2020 COMBINED SINGLE LIMIT (Ea accident) $ $1,000,000 X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS $500 comp $1,000 coll BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ X X $ $ B X UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE XAU15428253 7/1/2019 7/1/2020 EACH OCCURRENCE $ 25,000,000 AGGREGATE $ 25,000,000 DEDUCTIBLE RETENTION $ $0 $ X $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A EIG133348109 11/18/2019 11/18/2020 WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A B Building & Bus. Incom Excess Liability UMB USC007140190 SHX49139736 7/1/2019 7/1/2019 7/1/2020 7/1/2020 $29,367,336 Bldg. Ded. $10,000 $15,966,640 BI Special Form $5m x $25m DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD City of Eden Prairie 8080 Mitchell road Eden Prairie MN 55344 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CERTIFICATE HOLDER CANCELLATION DATE (MM/DD/YYYY) 5/7/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh & McLennan Agency LLC 2725 South Moorland Road New Berlin WI 53151 CONTACT NAME: PHONE (A/C, No, Ext): 800-242-7001 FAX (A/C, No): E-MAIL ADDRESS: PRODUCER CUSTOMER ID #: STERNLANTE INSURER(S) AFFORDING COVERAGE NAIC # INSURED Sternberg Lanterns, Inc. 555 Lawrence Avenue Roselle IL 60172 INSURER A : Fireman's Fund Indemnity Corporation 11380 INSURER B : National Surety Corporation 21881 INSURER C : Employers Preferred Insurance Company 10346 INSURER D : INSURER E : INSURER F : 4/29/2020 New Seven Year Limited Warranty ISternberg Lighting EXHIBIT C enter search keywords HOME SUPPORT PAR'TlllERS ABOUT CONTACT CONTEMPORARY HISTORICAL TRANSITIONAL BOLLARDS ARMS,POLES, & FITTERS Homa Warranty HID - 5 YEAR LIMITED WARRANTY I LED - 7 YEAR LIMITED WARRANTY Forcomplete warranty coverage, refer to our Prodyct and Fin i sh Warrantv Since 1923, Sternberg has earned a reputaijon throughout the lighting industry for high quality products and services. We warrant that our products and finishes are manufactured in accordance with theirapplicable material specifications and are free from defects in materials and workmanship. Sternberg will, as its option, either repair or replace without charge, any property installed Sternberg products that fails under normal operating conditions within five years from date of purchllllll. Product must be ratumed, freight prepaid,lg our plant end our inspection must datarmine that it isdefuciiva under the terms of warranty. This warrantyis only for product manufactured by Sternberg end doBS not extend to transportation, installation or replacement charges, nor does itapply 1g any equipment of another manufacturer usedin conjunction with Sternberg equipment. This warranty specifically excludes fatigue failure or similar phenomena resulting from induced vibration, harmonic osclllatlon or resonance assoclatlld with movement of air currents aroundIha product. The above warranties are givenIn !!au of all other warranties express orImplied, Including without l!mltatlon, the warranty of merchantabl!!ty and the warranty of sultab!l!tyfor a particular purpose. It Is expressly stated that Sternberg 888umes no liability for consequential of liquidated damages arising out of a breach of the sale, including any warranties arising therefrom, and buyes remedy shall be limited to repair or replacement of defeciiva perl!J as deecribed above. Terms & Conditions Catalog lnklrmation: Tlie productinformation published in our catalogs and 1naratura is not guaranteed. IIhas bean compiled wnh care and is sufficiently accurate for most purposes. It issubject to change without notice. Occasionally, it may be necessary to modify the components, materials orfinishes ofthe product. These changes willin noway reduce the function or performance for which the product iaintended. All s181amants, technicalinklnnation and racommandations containedin our ln&ratura are baaed on lnklrmatlon end tests we believeto be reliable. The accuracy or complelenaes thereof are notguaranteed. In accordance with stembarg'8 Terms and Conditions of Sale, end since conditions of use era outside our control,the purchaser should determine the sullabllltyof the product for his/herIntended use and assumes ellrisk and ablllty whatlloever in connection therewith. All sales of Stembarg produds era specifically subject to Iha Terms and Conditions of Salesdasaibad hara. Measurements: Dimensions in our catalogs and litanrtura are epprt>Ximate, and should not ba used for construction purposes. Consult "project specific" engineering submittal drawinll'I and anchor boft templates for construction dimensions. Order Cancellation or Modification: Dueto Ihawide saleetion of Sternberg product offering and options, all products are builtto order.Buyer may not cancel or modify an order unless buyer has received por written approval from stembarg.In Ihaevent of any cancellation or modlltcatlon without por written approval from stembarg, buyer shell be obl!gated to pay a aubstanUal cancellatlon charge. Holdfor Releue orders eicplra 8 months after receipt byfec:tcry end may be subject to raquote or cancellatlon If not released. Sales Taxes: state end local taxes apply If appllceble. Freight Terms: All shipments will be FOB origin. Most orders will ba shipped common carrier and fnlight prepaid (freight allowed) by Sternberg. Consult buyefs quotation for the spacmc fnllght terms. Nocan1er accounts or specific can1er requests accepted. Addlllonal fnl!ght charges to the buyer maybe eppllcabla for reconsigned or storage charges. Residential shipments willincur a $100 surcharge, per shipment. For all common carrier shipments it isthe buyefs rasponsibiity to unload the goods immediately upon delivery. Ownership oftha goods passes to Iha buyer as soon as they leavethe factory.Please contacl our customer service deparbnant for any shipping assistance. Lamps: Screw in lamps not provided by factory. Pricing: All prices quoted are in United States currency unless otherwise stated on our quotation. Order Approval: All orders ara subject to credit review and approval. Bacausa each product is builtto order,orders over $10,000 invalue, custom orders, vaguely detailed or unclear orders era required by stemberg to have the specifier approve, sign and return Stemberg's submittal drawing priorto production. Lead mes quoted excdathe order approval process. Anchor Bolts: stemberg, upon raques and for eppruvad orders, wlll ship anchor boltsahead of the pole shipment to aid buyerIn sit& praparaUon. Unless otherwise stat&d, no addftional freight charge will be assessed for this service. Return Policy: No merchandise may be returned by buyerwithout written authoriZlllion in the form of a Return Goods Authorization (RGA), which has been issued by Sternberg expressly for the men:handisa to be returned. This RGAwill ba issued at Iha sole discntion of stemberg. stambarg products are builtto customer's order, and stemberg does not slo<lk 11my finished produ<Jts due tocustomers highly optioned end customized choices. For these reasons, St&rnberg willnot consider product returns unless claimed to be defective in workmanshipor materials. Merchandise accepted for return must be shipped prepaid to the factory or other destination specified by Sternberg. Shipment Dates: Shipping dates are approximate and are based on conditions existing at the time of Stemberg's receipt of buyas firm order and order approval.Sternberg will In good faith endeavor to ship by the esHmated shipping date but shall not be responsible for any delay or any damage ar1slng therefrom. Minimum Order Charge: Ord81'8 must total at laest $50.00 Invalue. All Products Coatings DLC Qualifications Photometry Traffic Signs Street Signs Options/Accessories On-Line Literature Literature Order Fonn @2020 Sternberg L.JghHng. All Rights Reserved. I Site Map + Have a project, need assistance? https://www.stemberglighting.com/warranty/ 1/1 4/29/2020 Sternberg Complete Warranty ISternberg Lighting enter search keywords HOME SUPPORT PAR'TlllERS ABOUT CONTACT CONTEMPORARY HISTORICAL TRANSITIONAL BOLLARDS ARMS,POLES, & FITTERS Homa Complete Warranty Coverage Sternberg Lighting's Warranty Information Effeellve on all •hlpments 6r 3/7/2005 Since 1923, Sternberg has eemad a reputation throughout Ihaelectrical induslly for high quality products and service. We wanant lhet our products are manufactured in accordance with its applicable melerial specifications and are free from defects in materials and wortcmanship. Sternberg will,et its option, either repair or replace without charge, any proper1y installed stemberg product that fails under normal operating conditions within five years from date of purchase. Product must be returned, freight prepaid, to our plantand our Inspection must determinethat It Isdefective under the terms ofwananty. For 8JC8111pla, the IOI/owing components and their W81T1lnty periods 818 as /ollows: LED Diode Syatema and Driv9r11 • 7 yaar11 (Effective on all shipments after 511/2010) The lumlnalre shall be free from alldefects In materials and workmanship for a period of seven (7) years from the date of manufacture. Thelumlnalre manufacturer shell warrant the LED boards/system, during the stated wananty period, againstfai ure defined as mare then 10 percent non-operating LEDs. The driver shell be warranted for seven (7) years. Ballots: Magnetic • 2 years, Electronic • 3 years. Phatocalla: 2 years. PL & HID Lamps: 1 year. Induction Lighting Syate11111 and Components: 5 years. Claek Motor,GPS and Controls: 1year Claek Structure and Flnlah: 5 years Thiswarranty is only for product manufactured by Sternberg end does notextend to transportation, installation or replacement charges, nor does it apply to any equipment of another manufacturer used in conjunction with Sternberg equipment. Thiswarranty specifically excludes fatigue failure or similar phenomena resulting from induced vibration, harmonic oscillation or resonance associated with movement of aircurrents around the producl The above warranties are given in lieu of all other warranties express orimplied, including without limitetian, the warranty of merchantability and the warranty of suitability for a particular purpose. IIis expressly staled that Sternberg assumes no liability for consequential or liquidated damages arising out of a breach of sale, including any warranties arising there from, and buyer's remedy shall be limited to repair or replacement of defective parts as desC!lbed above. Sternberg LightingInc.warrants that for a period of five (5) years* (the "Limited Warranty Period") from the date of shipment, thet Sternberg's Paint Finish: Will not fade in color more then five units as measured by Hunter L*a*b* Color Difference as set forth in ASTM D2244 Section 6.3as of the date of this latter and in such a way as ta significantly adversely effect the appearance of the surface ta which the product has bean applied and result in damage ta the surface; Will exhibit gloss retention of a minimum of 30% of the original as measured in accordance with ASTM 0523 using 60 degree readings; Will not chalk in 8XC8SS of standard number 8 ratingfor colors, No. 6 for whiles as illustratedin the ASTM 04214 Test Method A. Wiii not corrode or exhibitalack of adhesion. • stemberg Steel Poles are limited to a one (1) year wananty. Longer warranty periods are available based on selecllan of venous opllonal surface preparation requirements for a particular geographic location. Consult factory for details. Concrete Pole WarrantY. Click Here Tlmberwood Pole Warranty, Ciiek Here Terms and Conditions MEASUREMENTS: Colar measurements (delta E) are measured at 10 degrees and on exposed coated surfaces that have bean cleaned of all external depasilB including chalk and compared to the original unexposed coated surface. For comparison purposes, Sternberg will maintaina standard paint panel and/or documentation indicating color, gloss and other properties. It is understood that fading may not be uniform if the coated surfaces are not equally exposed to the sun and weathering elements. Prior to the delermlnaUon of a glass value using an angle of Incidence of 60 degrees follawlng ASTM 0523, the surface must be cleaned using a 1% aqueous solutlon of awetting agent with a soft sponge under light pressure. This warranty extends only to parts exposed to nonnal atmospher1c conditions In the United states. In addition, a systemaUc maintenance program must be Instituted to clean the surface par1odlcelly so as to prevent accumulations of salt deposits and hannfUI pollutants. MAINTENANCE:The cleaning recommendations for Sternberg Paint Finish isanintegral part of the warranty given for gloss, color retention, and chalking. The warranty requires that regular cleaning has ta be performed periodically,at least once a year end twice a year for structures directly exposed to areas of high salt concentration, such as near a seashore. Suggested maintenance program Clean waler with slight amounts of mild alkaline detergents must be used. The cleaning effect maybe increased by rubbing with a soft, nontching cloth or cotton with modest pressure. The temperature of the perta ID be cleaned must not exceed 80 F. For removal of grease and oily substances isopropyl alcohol may be used. The cleaning solution must not be allowed ta react for more than one (1) hour. After cleaning, the surfaces must be rinsed with clean coldwater. A proper maintenance record has to be kept and documented. This documentation must containthe followinginformation: Data Name and Address of performing party Description of cleaning proceduf9 anddetsrgsnts used Signature of person perfomr/ng the cleaning procedure This warranty does not extend to Damage to the coating caused by moisture or other contamination during storage of the product. Corrosion, peeling, flaking or discoloration caused by ects of Gad, such as but not limited to acid rein, hail, tree sap, flooding or 1 Damage caused byaccident, vandalism, damage caused by installation, signage or any other foreign equipment attached ta ths Products not supplied by stemberg that are attached or used in conjunction with our product. + Have a project, need aniatance? https://www.stemberglighting.com/complete-warranty-coverage/ 1/2 4/29/2020 Sternberg Complete Warranty ISternberg Lighting Loss of use or loss profit, or any other consequential damages. Improper cleaning or maintenance. Claim Procedure In the event of a claim, claimant shall demonstrate that the failure of the product was due to a breach of this warranty and fUmlsh proof of purchase of the defective Stemberg product, including order number. Claims must be made in writing within 1hirty days after the customer becomes aware of the fai ure or potential failure of the coating. Stemberg must be given an opportunity toinspect the coating or product that forms the basis for the claim, aswell as records and documents conceming maintenance the! relate to the coated part or manufactured product the! is the subject of the claim, all of which records and documents must be maintained by the customer for a claim to be valid. Your exclusive remedy under this warranty or o1herwise and Stemberg's sola liability shall be limited to, at Stemberg's sola discretion,the reimbursement of repair costs, replacement of the defective material at our expense or a refund of that portion of the purchase price attributable to the def&ctive material. Sternberg shall not beliable for incidental,special or consequential damages. This warranty is extended to you, the direct purchaser of the products from Stemberg, and Is nottransferable or assignable. No other warranty, express or Implied,Is given, Including without llmltatlon any Implied warranty of merchantability or fitness for a particular purpose, and no terms or conditions other than those steted herein shall be binding on Sternberg. This warranty may be modified only by a writing signed by an authorized representative of Stemberg. All Products Coatings DLC Qualifications Photometry Traffic Signs Street Signs Options/Accessories On-l ne Literature Literature Order Form 02020 Sternberg Lighting. All Rights Reserved. I Site Map + Have a project, need assistance? https://www.stemberglighting.com/complete-warranty-<X>Verage/ 212 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 19, 2020 DEPARTMENT/DIVISION: Rick Wahlen Public Works/Utilities ITEM DESCRIPTION: Approve Professional Services Agreement for System Programming and Integration Services for the Upgrade of the City’s Sanitary Sewer Lift Station Controls System ITEM NO.: VIII.E. Requested Action Move to: Approve the Standard Agreement for Professional Services with Advanced Engineering and Environmental Services (AE2S) for System Programming and Integration Services for the Upgrade of the City’s Sanitary Sewer Lift Station Controls System. Synopsis The City’s 22 sanitary sewer lift stations and our new Preserve Boulevard storm water lift station are managed by a computerized control system utilizing servers operating on Windows 7 and using a machine control software that is being phased-out by the manufacturer. Our computers are old and must be replaced by computers operating on Windows 10 software. New control software must be installed and integrated to properly function with the new version of Windows, and to replace the obsolete control software currently installed. Background Information The City’s sanitary sewer lift stations collect and pump sewage from neighborhoods where the natural terrain is not sufficient to sustain the downhill passage of flows. These pump stations are linked by a computer control network which communicates with our utility on-call personnel, showing the operator real-time information about each lift station and sharing alarm conditions that could result in a sewer overflow if not monitored. This system is very modern, however computer manufacturers upgrade operating systems every few years, and because we now need new computers, the new operating systems that come with the new computers will not be compatible with the old control software. Furthermore, the existing control software we purchased 10 years ago is now being replaced by a more capable system and the old software is being phased-out. This professional services agreement is for the technical work necessary to install and program the new hardware and software to make our lift station fully capable for the next decade. Funds for this upgrade are included in the 2020 wastewater capital improvement budget for lift station rehabilitation. Attachments Agreement Exhibit A, Scope of Work 2017 06 01 Version 2017 06 01 Agreement for Professional Services This Agreement (“Agreement”) is made on the _19th_ day of _May_, 20_20_, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Advanced Engineering & Environmental Services, Inc._ (“Consultant”), a North Dakota corporation (hereinafter "Consultant") whose business address is _6901 East Fish Lake Road, Suite 184, Maple Grove, MN 55369_. 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_System Programming, Installation, and Integration Services for the Upgrade of the City’s Sanitary Sewer Lift Station Control System_ 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 ( Scope of Work ) 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 _May 19, 2020_through _May 20, 2021_ the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 68,287 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. Page 2 of 10 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 3 of 10 2017 06 01 b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of Page 4 of 10 2017 06 01 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 Comprehensive Automobile Page 5 of 10 2017 06 01 Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. h. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. Page 6 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. l. 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 Page 7 of 10 2017 06 01 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 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 Page 8 of 10 2017 06 01 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 9 of 10 2017 06 01 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. Page 10 of 10 2017 06 01 b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________ ___ _____ Mayor ______________________________ _____ City Manager CONSULTANT _______________________________________ By: Aaron Vollmer Its: Operations Manager Exhibit A, Scope of Work, to Professional Services Agreement with Advanced Engineering & Environmental Services (AE2S) for Bulk Water Sales Station Controls Upgrade and System Programming Services Scope of Work CONSULTANT will perform the following services: 1. Project management, coordination, and meetings with CITY staff. 2. Install the following control system components: • Primary logic controller: 1769-L16ER-BB1B • Analog Input Module 1734-IE4C • Operator Interface Screen: Panelview Plus 7 (6”) • Keypad • Power Supply • Ethernet Switch: Cisco IE-2000-4TS-G-B • Uninterruptible Power Supply 3. Provide all necessary supplies needed to complete the installation of the above components to make a fully functioning control system. 4. Perform supervisory control and data acquisition (SCADA) programming to develop bulk water sales station graphics and navigation. 5. Perform SCADA programming to create graphics data tagging and achieve communications with lift stations master telemetry primary logic controller (PLC). 6. Perform SQL Database Programming. 7. Perform PLC Programming to provide the necessary functionality required of the fill station PLC. 8. Perform operator interface terminal (OIT) programming 9. Develop reports requested by the utility operations specialist 10. Provide all necessary system drawings requested by the CITY 11. Provide printed manuals and instructions 12. Perform system commissioning and testing. 13. Provide operator training. Additional Services Services resulting from significant changes in the general scope, extent, or character of the Assignment are not included as a part of the Scope of Work. CITY’s Responsibilities CITY shall do the following in a timely manner, so as not to delay the services of CONSULTANT: 1. Designate a person to act as CITY’s representative with respect to the services to be rendered under this Agreement. Such person shall have authority to transmit instructions, receive information, and interpret and define CITY’s policies and decisions with respect to services for the Assignment. 2. Provide access to the relevant sites sufficient for CONSULTANT to perform its services under this Agreement. 3. Procure and provide CONSULTANT with system components listed in paragraph 2 of the scope of work, unless CONSULTANT agrees with CITY’s consent to provide the materials within the scope of this agreement. Exhibit A, Scope of Work, to Professional Services Agreement with Advanced Engineering & Environmental Services (AE2S) for Bulk Water Sales Station Controls Upgrade and System Programming Services 4. Provide functional, existing Ethernet radio hardware from current water sales station. CITY shall bear all costs incident to compliance with its responsibilities pursuant to this section. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 19, 2020 DEPARTMENT/DIVISION: Rick Wahlen Public Works/Utilities ITEM DESCRIPTION: Approve Professional Services Agreement for System Programming and Integration Services for the Upgrade of the City’s Bulk Water Fill Station ITEM NO.: VIII.F. Requested Action Move to: Approve the Standard Agreement for Professional Services with Advanced Engineering and Environmental Services (AE2S) for System Programming and Integration Services for the Upgrade of the City’s Bulk Water Sales Controls System. Synopsis The City’s aging control computers must be replaced by new servers operating Windows 10, which requires the replacement of control software that will no longer function on the new operating system. The bulk water sales station uses the same server and network as the sanitary sewer lift station control system, and should be upgraded at the same time to avoid problems. Background Information The City’s bulk water sales station provides water to commercial water tankers who fill swimming pools and provide large volumes of treated water for construction and other purposes. Typical customers pick-up 5,000 to 20,000 gallons in a single visit to the station. This is a good source of revenue for the water utility fund. The automated vending system in use communicates with the water treatment via Ethernet radio system and its function is so basic that we cannot access a customer account if someone is using the machine. This makes management of each account very challenging, especially when trucks are lined up at the vending station as seems to be the case more often than not. The bulk water sales system operates on the same controls network as the City’s sanitary sewer lift stations. The lift station network must be upgraded due to obsolete computer operating software and expiring controls software. It is the most efficient and practical time to upgrade the bulk water system controls while we are doing the remainder of the telemetry. Funding for this project is included in our sanitary sewer capital improvements budget in our lift station rehabilitation line-item. Attachments Agreement Exhibit A, Scope of Work 2017 06 01 Version 2017 06 01 Agreement for Professional Services This Agreement (“Agreement”) is made on the _19th_ day of _May_, 20_20_, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Advanced Engineering & Environmental Services, Inc._ (“Consultant”), a North Dakota corporation (hereinafter "Consultant") whose business address is _6901 East Fish Lake Road, Suite 184, Maple Grove, MN 55369_. 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_System Programming, Installation, and Integration Services for the Upgrade of the City’s Bulk Water Sales Control System_ 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 ( Scope of Work ) 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 _May 19, 2020_through _May 20, 2021_ the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $ 36,679.84 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. Page 2 of 10 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 3 of 10 2017 06 01 b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of Page 4 of 10 2017 06 01 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 Comprehensive Automobile Page 5 of 10 2017 06 01 Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. h. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. Page 6 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. l. 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 Page 7 of 10 2017 06 01 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 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 Page 8 of 10 2017 06 01 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 9 of 10 2017 06 01 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. Page 10 of 10 2017 06 01 b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________ ___ _____ Mayor ______________________________ _____ City Manager CONSULTANT _______________________________________ By: Aaron Vollmer Its: Operations Manager Exhibit A, Scope of Work, to Professional Services Agreement with Advanced Engineering & Environmental Services (AE2S) for Bulk Water Sales Station Controls Upgrade and System Programming Services Scope of Work CONSULTANT will perform the following services: 1. Project management, coordination, and meetings with CITY staff. 2. Install the following control system components: • Primary logic controller: 1769-L16ER-BB1B • Analog Input Module 1734-IE4C • Operator Interface Screen: Panelview Plus 7 (6”) • Keypad • Power Supply • Ethernet Switch: Cisco IE-2000-4TS-G-B • Uninterruptible Power Supply 3. Provide all necessary supplies needed to complete the installation of the above components to make a fully functioning control system. 4. Perform supervisory control and data acquisition (SCADA) programming to develop bulk water sales station graphics and navigation. 5. Perform SCADA programming to create graphics data tagging and achieve communications with lift stations master telemetry primary logic controller (PLC). 6. Perform SQL Database Programming. 7. Perform PLC Programming to provide the necessary functionality required of the fill station PLC. 8. Perform operator interface terminal (OIT) programming 9. Develop reports requested by the utility operations specialist 10. Provide all necessary system drawings requested by the CITY 11. Provide printed manuals and instructions 12. Perform system commissioning and testing. 13. Provide operator training. Additional Services Services resulting from significant changes in the general scope, extent, or character of the Assignment are not included as a part of the Scope of Work. CITY’s Responsibilities CITY shall do the following in a timely manner, so as not to delay the services of CONSULTANT: 1. Designate a person to act as CITY’s representative with respect to the services to be rendered under this Agreement. Such person shall have authority to transmit instructions, receive information, and interpret and define CITY’s policies and decisions with respect to services for the Assignment. 2. Provide access to the relevant sites sufficient for CONSULTANT to perform its services under this Agreement. 3. Procure and provide CONSULTANT with system components listed in paragraph 2 of the scope of work, unless CONSULTANT agrees with CITY’s consent to provide the materials within the scope of this agreement. Exhibit A, Scope of Work, to Professional Services Agreement with Advanced Engineering & Environmental Services (AE2S) for Bulk Water Sales Station Controls Upgrade and System Programming Services 4. Provide functional Ethernet radio hardware from current water sales station. If any portion of the existing network is discovered to be insufficient, CITY will provide replacement resources as prescribed by CONSULTANT. CITY shall bear all costs incident to compliance with its responsibilities pursuant to this section. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 19, 2020 DEPARTMENT/DIVISION: Carter Schulze Public Works / Engineering ITEM DESCRIPTION: I.C. 19839 Award Contract for ADA Pedestrian Ramp Project to Standard Sidewalk Inc. ITEM NO.: VIII.G. Requested Action Move to: Award contract for ADA Pedestrian Ramp Project to Standard Sidewalk Inc. in the amount of $129,427.90. Synopsis Quote requests were distributed and three quotes were received on Thursday, May 7, 2020 for this project. The three quotes received are summarized as follows: Standard Sidewalk, Inc. - $129,427.90 Pember Companies, Inc. - $131,030.85 BKJ Excavating - $153,289.50 City staff recommend awarding the contract for the project to Standard Sidewalk Inc., in the amount of $129,427.90. Background Information This contract provides for the construction of pedestrian ramp improvements as part of the overall ADA transition plan. Ramps included in this project are along Franlo Road between Preserve Boulevard and Prairie Center Drive as well as Staring Lake Parkway between Anderson Lakes Parkway and Twin Lakes Crossing. Project Cost Summary The engineer’s estimate for this project was $137,914. This project will utilize the Pavement Management Fund. Attachment Contract Page 1 of 2 I.C. # 19839 – ADA Pedestrian Ramp Project FORM OF CONSTRUCTION CONTRACT THIS AGREEMENT, made and executed this 19th day of May 2020, by and between City of Eden Prairie hereinafter referred to as the "CITY", and Standard Sidewalk, Inc., 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. # 19839, ADA Pedestrian Ramp Project CONTRACTOR further agrees to do everything required by this Agreement and the Contract Documents. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices based on estimated required quantities is estimated to be $129,427.90. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders b. Proposal Form c. Construction Short Form Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans Page 2 of 2 I.C. # 19839 – ADA Pedestrian Ramp Project (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE __________________________________ By ________________________________ Its City Mayor __________________________________ By_______________________________ Its City Manager CONTRACTOR In Presence Of: Standard Sidewalk, Inc._____ __________________________________ By ________________________________ Its __________________________ __________________________________ _______________________________ Its __________________________ CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 19, 2020 DEPARTMENT/DIVISION: Joe Dusek Public Works / Utilities ITEM DESCRIPTION: Award Contract to Slack Painting LLC for the spot blasting and painting of Baker Reservoir ITEM NO.: VIII.H. Requested Action Move to: Award contract to Slack Painting for spot blasting and painting Baker Reservoir in the amount of $41,500. Synopsis The Eden Prairie Utilities Division obtained proposals from three regional industrial painting contractors for interior wet spot blasting and painting of Baker Reservoir. Slack Painting submitted the low bid, in the amount of $41,500. The quote summary is: Slack Painting, LLC $41,500.00 TMI Coatings, INC. $88,800.00 Osseo Construction Co. LLC $122,000.00 Background Information In 2015, the Baker Reservoir reconditioning project was completed. Currently, there are spots on the wet interior that are in need of repair to maintain the integrity of the tank. These spot failures are typical for a tank that has been in service for 5 years after a recoating project. This contract will provide repairing of the failed spots and will ensure full life expectancy of its most recent coating. Attachment Copy of Contract CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: May 19, 2020 DEPARTMENT/DIVISION: Sue Kotchevar, Office of the City Manager/Finance ITEM DESCRIPTION: Payment of Claims ITEM NO.: X. Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 274749 - 274943 Wire Transfers 1025279 - 1025356 Wire Transfers 7624 – 7653 Purchasing Card 7631 City of Eden PrairieCouncil Check Summary 5/19/2020 Division Amount Division Amount 000 General 5,376 601 Prairie Village Liquor 76,563 100 City Manager 8,403 602 Den Road Liquor 150,985 101 Legislative 10,024 603 Prairie View Liquor -2,998 110 City Clerk 3,214 605 Den Road Building 1,688 111 Customer Service 2,490 701 Water Enterprise Fund 445,808 113 Communications 3,986 702 Wastewater Enterprise Fund 9,913 114 Benefits & Training 10,071 703 Stormwater Enterprise Fund 24,751 130 Assessing 392 Total Enterprise Fund 706,710 131 Finance 371 132 Housing and Community Services 12,023 802 494 Commuter Services 19,111 133 Planning -48 807 Benefits Fund 507,717 136 Public Safety Communications 15,199 809 Investment Fund 3,648 137 Economic Development -1,237 811 Property Insurance 2,046 138 Community Development Admin.323 812 Fleet Internal Service 104,225 151 Park Maintenance 21,705 813 IT Internal Service 16,071 153 Organized Athletics 106 815 Facilites Operating ISF 58,516 154 Community Center 10,675 816 Facilites City Center ISF 149,697 156 Youth Programs 399 817 Facilites Comm. Center ISF 10,598 157 Special Events 8 Total Internal Svc/Agency Fund 871,629 158 Senior Center 44 162 Arts 501 Report Total 2,287,289 163 Outdoor Center -497 168 Arts Center 1,645 180 Police Sworn 18,991 184 Fire 30,136 186 Inspections 3,343 200 Engineering 1,973 201 Street Maintenance 42,406 202 Street Lighting 67,733 Total General Fund 269,754 303 Cemetary Operation 650 Total Special Revenue Fund 650 308 E-911 320 315 Economic Development 7,864 502 Park Development 3,120 509 CIP Fund 7,510 512 CIP Trails 15,836 522 Improvement Projects 2006 252,171 526 Transportation Fund 151,698 804 100 Year History 27 Total Capitol Projects Fund 438,547 City of Eden Prairie Council Check Register by GL 5/19/2020 Check #Amount Supplier / Explanation Account Description Business Unit Comments 1025347 285,454 RICE LAKE CONSTRUCTION GROUP Improvement Contracts Water Capital Ground Storage Reservoir Pump Station 274884 245,726 EUREKA CONSTRUCTION INC Improvement Contracts Improvement Projects 2006 Preserve Blvd Reconstruction 7634 236,030 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll taxes PR Period 04.20.20 7632 175,722 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR period 04.10.20 274917 151,698 MN DEPT TRANSPORTATION Design & Engineering Transportation Fund Traffic control signal system revision construction274895103,198 HENNEPIN COUNTY TREASURER Licenses, Taxes, Fees Capital Impr. / Maint. Fund Property tax 8107 Eden Praire Rd/8080 Mitchell Rd 1025318 64,609 XCEL ENERGY Electric Street Lighting 274887 42,472 FORD OF HIBBING Autos Fleet - Fire 7631 39,009 USB-PURCHASING CARD Operating Supplies Concessions 1025355 32,099 XCEL ENERGY Electric Traffic Signals27489931,760 INVER GROVE HYUNDAI Autos Fleet - Police 274905 30,955 KARL CHEVROLET INC Autos Utility Operations - General 1025331 30,836 ADVANCED ENGINEERING & ENVIRONMENTAL SE Design & Engineering Improvement Projects 2006 274903 26,390 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 7636 25,987 EMPOWER Deferred Compensation Health and Benefits27475724,367 ABM ONSITE SERVICES-MIDWEST Janitor Service City Center - Tenant Cost 274867 21,298 CARGILL INC Salt Snow & Ice Control 7635 20,476 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 274794 19,589 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 274928 18,150 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store102534416,186 PEARSON BROTHERS INC Sweeping Stormwater Non-Capital 1025337 15,836 HANSEN THORP PELLINEN OLSON Other Contracted Services CIP Trails 1025343 15,656 PARROTT CONTRACTING INC Equipment Repair & Maint Water Distribution 7626 15,374 LIFE INSURANCE COMPANY OF NORTH AMERICA Life Insurance EE/ER Health and Benefits 274939 13,727 WASHINGTON COUNTY Other Contracted Services Public Safety Communications27490113,408 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 7652 13,337 FURTHER - AKA SELECT HSA - Employer Health and Benefits 1025334 12,547 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie View Liquor Store 274831 11,889 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 274753 10,650 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store102530210,566 HANSEN THORP PELLINEN OLSON Design & Engineering Stormwater Capital 1025295 10,527 CENTERPOINT ENERGY Gas Edenvale Park 274929 9,883 SOUTHWEST SUBURBAN CABLE COMMISSION Dues & Subscriptions City Council 274856 9,728 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 274930 9,645 SSI KEF SLB LLC Electric Maintenance Facility2747549,448 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 1025348 9,125 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 274755 8,680 3D SPECIALTIES Signs Traffic Signs 274913 8,625 MEMORY INNOVATION LLC Supplies - Fire/Life/Safety Facilities Operating ISF 7637 8,551 I-494 CORRIDOR COMMISSION Payroll-ExecutiveDirector 494 Corridor Commission2747938,421 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 7648 8,410 PRAIRIEVIEW RETAIL LLC Utilities Prairie View Liquor Store 274846 8,020 WM CORPORATE SERVICES INC Waste Disposal Senior Center 274764 7,921 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1025313 7,114 SHERWIN WILLIAMS Operating Supplies Facilities Operating ISF2748607,057 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 274866 7,051 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 7643 6,715 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting 1025354 6,384 WM MUELLER AND SONS INC Asphalt Overlay Wasterwater Collection 274911 6,294 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating2749236,276 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments2748886,000 FULLY PROMOTED EMS Supplies Fire 274805 5,830 MINNESOTA DEPARTMENT OF EMPLOYMENT Unemployment Compensation Organizational Services 274823 5,717 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 274813 5,700 NATIVE RESOURCE PRESERVATION Other Contracted Services Park Maintenance10253415,572 METRO SALES INCORPORATED*Equipment Rentals Customer Service 7627 5,500 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 274749 5,500 MINNESOTA STUCCO AND RENOVATIONS LLC Contract Svcs - General Bldg Cummins Grill House 274914 5,500 MINNESOTA STUCCO AND RENOVATIONS LLC Contract Svcs - General Bldg Cummins Grill House 1025325 5,423 SITEONE LANDSCAPE SUPPLY, LLC Landscape Materials/Supp Flying Cloud Fields10253155,376 STREICHERS Clothing & Uniforms Police Sworn 274854 5,166 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 7651 5,040 FURTHER - AKA SELECT HRA Health and Benefits 274819 5,000 PATCHIN MESSNER DODD & BRUMM Other Contracted Services Improvement Projects 2006 274859 4,995 ACEK9.COM Equipment Parts Fleet Operating2748104,939 MUELLER CO Capital Under $25,000 Water Metering 1025303 4,937 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Water Supply (Wells) 1025292 4,933 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 274891 4,925 GRAYMONT Treatment Chemicals Water Treatment 274785 4,922 GRAYMONT Treatment Chemicals Water Treatment10252974,898 DAKOTA SUPPLY GROUP INC Repair & Maint. Supplies Water Metering 274918 4,802 MUELLER CO Capital Under $25,000 Water Metering 274804 4,672 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering 274841 4,456 ULTIMATE SOFTWARE GROUP, THE Ultimate (prev. Ceridian)IT Operating 274751 4,373 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store2747754,361 DAVE'S FLOOR SANDING & INSTALLING INC Contract Svcs - General Bldg Outdoor Center Facilities 1025296 4,028 COMPRESSED AIR CONCEPTS LLLC Contract Svcs - General Bldg Maintenance Facility 274893 4,000 GRIN NINA Deposits General Fund 274879 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Principal Economic Development Fund 274852 3,700 CASTRO CLEANING LLC Janitor Service Utility Operations - General76473,648 PFM ASSET MANAGEMENT LLC Interest Investment Fund 274752 3,625 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 274803 3,500 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission 7640 3,376 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 274896 3,334 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store2749163,308 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting 274925 3,250 RIGHTLINE DESIGN LLC Other Contracted Services Communications 274830 3,120 SEBCO INC Building Park Acquisition & Development 1025314 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells) 274906 2,976 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits2747782,885 DREAMSEATS LLC Operating Supplies Fire 274942 2,882 YMCA OF THE GREATER TWIN CITIES Other Contracted Services Housing and Community Service 1025301 2,837 GRAINGER Repair & Maint. Supplies City Center - CAM 274880 2,760 DOCUSIGN INC Operating Supplies City Clerk 274822 2,752 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn2748482,644 XTREME INTEGRATION Capital Under $25,000 Gymnasium (CC) 274780 2,644 EHLERS & ASSOCIATES INC Other Contracted Services TIF-Elevate Apts 7649 2,616 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration 1025335 2,586 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment 1025311 2,556 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical City Center - CAM2748252,480 QUALITY FLOW SYSTEMS INC Equipment Repair & Maint Wasterwater Collection 274919 2,479 NAC Contract Svcs - HVAC General Community Center 274940 2,416 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1025330 2,394 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 274904 2,344 JOHNSON CONTROLS Contract Svcs - HVAC General Community Center76282,328 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits Check #Amount Supplier / Explanation Account Description Business Unit Comments2747822,278 FASTSIGNS Signs Park Maintenance 274931 2,271 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet - Police 1025289 2,240 VAN PAPER COMPANY Repair & Maint. Supplies City Center - CAM 274922 2,234 PEQUOD DISTRIBUTION Liquor Product Received Prairie Village Liquor Store2748402,140 TREE TRUST Other Contracted Services Tree Removal 1025345 2,082 POMP'S TIRE SERVICE INC Tires Fleet Operating 274850 2,070 MINNESOTA POST BOARD Licenses, Taxes, Fees Police Sworn 1025352 2,070 TWIN CITY HARDWARE Contract Svcs - General Bldg City Center - CAM 274869 2,069 CENTERPOINT ENERGY Equipment Repair & Maint Stormwater Collection2747882,025 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police Sworn 274908 1,992 LUBE-TECH & PARTNERS LLC Equipment Repair & Maint Fleet Operating 274910 1,971 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 274786 1,940 HEALTH STRATEGIES Employment Support Test Organizational Services 274861 1,935 ARVIG Fiber Lease Payments IT Operating10253401,929 MENARDS Small Tools City Center - CAM 274883 1,872 EARL F ANDERSEN INC Signs Park Maintenance 274797 1,864 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 274868 1,850 CENTER FOR ENERGY AND ENVIRONMENT Other Contracted Services Sustainable Eden Prairie 274781 1,834 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet - Public Works2748201,768 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 274779 1,692 EARL F ANDERSEN INC Signs Traffic Signs 274791 1,595 INTERTECH INC Contract Development IT Operating 274871 1,561 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 274759 1,500 ADS ON BOARDS Contract Svcs - Ice Rink Ice Arena Maintenance2747601,491 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1025298 1,454 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 274855 1,438 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 7641 1,434 FURTHER - AKA SELECT FSA - Medical Health and Benefits 1025332 1,407 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store2749381,395 VIDEOTRONIX INC Equipment Repair & Maint Public Safety Communications 7625 1,391 FURTHER - AKA SELECT Other Contracted Services Health and Benefits 274862 1,377 BABICH KATHY Accounts Receivable Water Enterprise Fund 274750 1,364 YORKTOWN OFFICES Rent 494 Corridor Commission 1025336 1,335 GRAINGER Cleaning Supplies Facilities Staff2748891,300 GONYEA HOMES INC Deposits General Fund 1025317 1,287 WM MUELLER AND SONS INC Gravel Water Distribution 7629 1,281 FIDELITY SECURITY LIFE INSURANCE CO Accounts Receivable Health and Benefits 274853 1,272 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 274821 1,269 PERA Payroll-Program Manager 494 Corridor Commission2748181,265 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Fire Station #3 274845 1,259 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 274790 1,200 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 274762 1,193 BOUND TREE MEDICAL LLC EMS Supplies Fire 274857 1,158 3D SPECIALTIES Operating Supplies Traffic Signs2747581,125 ACT - ASSOC. FOR COMMUTER TRANSPORTATION Conference/Prof. Dev.494 Corridor Commission 274912 1,083 MARCO INC Hardware - R&M IT Operating 1025287 1,058 STUFFT LAUREN Rebates Stormwater Non-Capital 274900 1,051 J H LARSON COMPANY Supplies - Electrical City Center - CAM 7624 1,043 U.S. BANK - I-494 PURCH. CARD Marketing 494 Corridor Commission2749211,015 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1025339 1,004 MCNEILUS STEEL INC Repair & Maint. Supplies Utility Operations - General 274787 964 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services 274886 944 FIRE SAFETY USA INC Equipment Parts Fleet Operating 274902 920 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment7650916CARD CONNECT Bank and Service Charges Community Center Admin Check #Amount Supplier / Explanation Account Description Business Unit Comments1025328914VINOCOPIALiquor Product Received Prairie Village Liquor Store 274885 885 FIELD TRAINING SOLUTIONS Tuition Reimbursement/School Police Sworn 1025300 876 GRAFIX SHOPPE Autos Fleet - Police 1025321 842 FASTENAL COMPANY Operating Supplies Fleet Operating274812829NACBuilding Repair & Maint.Utility Operations - General 1025281 818 FASTENAL COMPANY Safety Supplies Traffic Signs 274765 780 CARLOS CREEK WINERY Liquor Product Received Den Road Liquor Store 1025312 776 REINDERS INC Landscape Materials/Supp Staring Lake 274892 769 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store274836766SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1025323 754 ROTO-ROOTER Building Repair & Maint.Utility Operations - General 274870 753 CENTURYLINK Telephone Water Treatment 274943 746 ZACKS INC Cleaning Supplies Utility Operations - General 274799 738 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating274934710THE ADVENT GROUP Temp 494 Corridor Commission 1025290 682 VINOCOPIA Liquor Product Received Den Road Liquor Store 1025353 682 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 274847 675 XIGENT SOLUTIONS LLC Other Contracted Services IT Operating 7633 650 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits274816650OUTDOORS AGAIN INC Other Contracted Services Pleasant Hill Cemetery 274837 640 THE ADVENT GROUP Temp 494 Corridor Commission 1025322 634 GREENSIDE INC Contract Svcs - Snow Removal Fire Station #1 274876 628 CONSTRUCTION MATERIALS INC Asphalt Overlay Street Maintenance 274890 621 GRAPE BEGINNINGS Liquor Product Received Prairie Village Liquor Store274898619INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 274756 611 ABM EQUIPMENT AND SUPPLY COMPANY Equipment Repair & Maint Fleet Operating 274849 595 ZOHO CORP Software Maintenance IT Operating 1025316 587 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 1025291 575 ZEP SALES AND SERVICE Operating Supplies Fleet Operating274768558CHARGEPOINTDues & Subscriptions Community Center Admin 1025309 552 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 274827 545 REINFORCEMENT CONSULTING LLC Tuition Reimbursement/School Police Sworn 274798 544 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 1025288 543 THE OASIS GROUP Employee Assistance Organizational Services274924531PRINCIPAL FINANCIAL GROUP Payroll-Program Manager 494 Corridor Commission 274865 516 BROWN LYNN P&R Refunds Community Center Admin 1025329 498 WSB & ASSOCIATES INC Design & Engineering Improvement Projects 2006 1025307 486 MN SUPPLY Contract Svcs - Fire/Life/Safe Facilities Staff 1025338 483 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance1025319457AMERIPRIDE LINEN & APPAREL SERVICES Janitor Service Fire 274802 435 MEGA BEER Liquor Product Received Den Road Liquor Store 274776 430 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 1025349 422 SHI CORP Software IT Operating 274933 411 SUBURBAN CHEVROLET Equipment Parts Fleet Operating1025310408PITNEY BOWES Postage Customer Service 1025305 397 MENARDS Operating Supplies Water Treatment 274767 386 CENTURYLINK Telephone IT Operating 274920 380 NORTHERN TOOL Supplies - General Bldg Maintenance Facility 1025327 374 VAN PAPER COMPANY Cleaning Supplies City Center - CAM274815372OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store 274894 370 HEALTH STRATEGIES Employment Support Test Fire 274863 363 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 274763 350 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe Maintenance Facility 274909 346 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store274800345MARCO INC Hardware - R&M IT Operating Check #Amount Supplier / Explanation Account Description Business Unit Comments274935344THOMAS KIM P&R Refunds Community Center Admin 274932 339 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 1025356 328 ZIEGLER INC Equipment Parts Fleet Operating 274907 323 LIFE LINE SCREENING P&R Refunds Community Center Admin274773300COMMERCIAL REFRIGERATION SYSTEMS INC Contract Svcs - Ice Rink Ice Arena Maintenance 274777 300 DRAG N FLY WIRELESS INC Software Maintenance IT Operating 274795 300 JTW ASSOCIATES LLC Training Supply-Operating Fire 274834 297 STAPLES ADVANTAGE Office Supplies Customer Service 274882 293 DOMACE VINO Liquor Product Received Prairie Village Liquor Store274936277TRUCK UTILITIES MFG CO Equipment Repair & Maint Traffic Signs 1025308 275 MTI DISTRIBUTING INC Operating Supplies Park Maintenance 274829 260 ROCK HARD LANDSCAPE Landscape Materials/Supp Street Maintenance 7646 253 US BANK - PAYMODE Bank and Service Charges Finance 274808 249 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Prairie Bluff Conservation274770249CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 274824 239 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 274927 237 SEDORIS CHERYL P&R Refunds Community Center Admin 274915 227 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 274783 224 FIRE SAFETY USA INC Small Tools Fleet Operating274761224ASPEN MILLS Clothing & Uniforms Fire 274842 220 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1025294 218 BOYER TRUCKS Equipment Parts Fleet Operating 274858 207 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store 1025350 205 SPRINT Cell Phones 494 Corridor Commission274878203DELEGARD TOOL CO Small Tools Fleet Operating 1025284 196 PROSOURCE SUPPLY Repair & Maint - Ice Rink Facilities Operating ISF 274875 190 COMCAST Internet IT Operating 7653 189 OPTUM HEALTH Other Contracted Services Health and Benefits 1025333 188 CDW GOVERNMENT INC.Operating Supplies IT Operating274784185GRAPE BEGINNINGS Liquor Product Received Den Road Liquor Store 274796 183 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 274811 174 MUNICODE Operating Supplies Records Management 274877 170 CROWN MARKING INC Operating Supplies Police Sworn 274941 168 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store274835165STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 1025306 164 METRO ELEVATOR INC Contract Svcs - Elevator Fire Station #1 274792 163 JAMISON OPTICAL LLC Capital Under $25,000 Capital Maint. & Reinvestment 1025304 163 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 274864 162 BOUND TREE MEDICAL LLC EMS Supplies Fire1025324157SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 7642 154 SQUARE Bank and Service Charges Den Road Liquor Store 274839 152 TIMBERWALL LANDSCAPE & MASONRY PRODUCTS Building Materials Street Maintenance 1025299 146 FILTRATION SYSTEMS Supplies - HVAC City Center - CAM 274926 140 SCOTT DENNIS AR Utility Water Enterprise Fund1025282139GREATAMERICA FINANCIAL SVCS Postage Customer Service 1025346 135 PRAIRIE ELECTRIC COMPANY Contract Svcs - HVAC City Center - CAM 1025351 128 STREICHERS Clothing & Uniforms Police Sworn 274806 126 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store 274843 121 VERIZON WIRELESS Telephone IT Operating274833119SPEEDPRO IMAGING INC Operating Supplies Fitness Admin. 274832 119 SOUTHWEST NEWS MEDIA Legal Notices Publishing City Clerk 274769 117 CHUCK & DON'S PET FOOD & SUPPLIES Canine Supplies Police Sworn 274873 115 COMCAST Phone/Data/Web 494 Corridor Commission 1025342 115 NORCOSTCO Clothing & Uniforms Winter Theatre274817113OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire Check #Amount Supplier / Explanation Account Description Business Unit Comments1025280110EICHMAN NATHAN Clothing & Uniforms Police Sworn 1025283 107 METROPOLITAN FORD Equipment Parts Fleet Operating 274801 95 MAY COLIN P&R Refunds Community Center Admin 274807 94 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service27487490COMCASTInternetIT Operating 274826 85 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 1025326 69 STRONER, ELIZABETH Operating Supplies Police Sworn 274851 67 BCA - MNJIS Employment Support Test Fire 1025293 63 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Other Contracted Services Police Sworn102528661SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 7638 59 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 274771 53 COMCAST Internet IT Operating 274809 50 MOQUIST, LYNDON Other Contracted Services Assessing 274814 50 O'CONNOR, ANNETTE Other Contracted Services Assessing27482850RIAL KRISTIN Other Contracted Services Assessing 274838 50 THOMPSON, NATE Other Contracted Services Assessing 274844 50 WALKER, TODD Other Contracted Services Assessing 274897 48 HUMPHREY JAN P&R Refunds Community Center Admin 274789 48 HOCH KATIE P&R Refunds Community Center Admin27487245COMCASTCable TV Fire 274881 39 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 274937 31 TRUE BRANDS Liquor Product Received Den Road Liquor Store 7645 27 SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture 274772 23 COMCAST Other Contracted Services Police Sworn102527917CARLSON, JODY Mileage & Parking Assessing 1025320 15 EICHMAN NATHAN Canine Supplies Police Sworn 274766 9 CEF EP COMMUNITY SOLAR LLC Electric General Community Center 274774 4 CORE & MAIN Operating Supplies Park Maintenance 1025285 2 QUALITY PROPANE Equipment Parts Fleet Operating76390ULTIMATE SOFTWARE GROUP, THE Payroll Taxes Health and Benefits 2,287,289 Grand Total City of Eden PrairiePurchasing Card Payment Report 5/19/2020 Amount Account Description Business Unit 3,409 Other Revenue General Fund 2,601 Operating Supplies Fitness Classes 1,791 EMS Supplies Fire 1,580 Capital Under $25,000 Police Sworn 1,538 EMS Supplies Fire 1,499 EMS Supplies Fire 1,462 Miscellaneous Police Sworn 1,350 EMS Supplies Fire 1,290 EMS Supplies Fire 1,248 EMS Supplies Fire 1,199 EMS Supplies Fire 995 Operating Supplies Fire 968 Equipment Parts Snow & Ice Control 932 EMS Supplies Fire 876 EMS Supplies Fire 872 Operating Supplies Fire 855 Software IT Operating 834 EMS Supplies Fire 786 Operating Supplies Emergency Management 750 Tuition Reimbursement/School Police Sworn 739 Bank and Service Charges Prairie View Liquor Store 720 Dues & Subscriptions Communications 700 EMS Supplies Fire 640 EMS Supplies Fire 634 Operating Supplies Police Sworn 612 Operating Supplies Police Sworn 600 Dues & Subscriptions Fire 580 EMS Supplies Fire 538 Office Supplies Police Sworn 478 Operating Supplies Arts Center 460 Advertising Prairie View Liquor Store 459 Employment Advertising Organizational Services 446 Operating Supplies Park Maintenance 439 Operating Supplies Police Sworn 432 EMS Supplies Fire 431 Operating Supplies Police Sworn 400 EMS Supplies Fire 355 Tuition Reimbursement/School Police Sworn 348 Operating Supplies Arts Center 345 Licenses, Taxes, Fees Utility Operations - General 336 Dues & Subscriptions Organizational Services 321 Repair & Maint. Supplies Facilities Staff 307 Operating Supplies Police Sworn 294 Operating Supplies IT Operating Amount Account Description Business Unit294Conference/Training Utility Operations - General 288 Conference/Training Utility Operations - General 285 Operating Supplies Outdoor Center 285 Travel Expense Utility Operations - General 285 Travel Expense Utility Operations - General 279 Operating Supplies Police Sworn 275 Capital Under $25,000 Police Sworn 248 Events/Admission Fee Special Events & Trips 228 Operating Supplies Fire 226 Office Supplies Community Development Admin. 222 EMS Supplies Fire 215 Other Contracted Services Wine Club/Events 213 Operating Supplies Park Maintenance 211 Cleaning Supplies Utility Operations - General 210 Operating Supplies Park Maintenance 205 Tuition Reimbursement/School Police Sworn 201 Operating Supplies Police Sworn 201 Operating Supplies Tree Disease 200 Operating Supplies Park Maintenance 199 Operating Supplies Park Maintenance 199 Operating Supplies Police Sworn 198 Cleaning Supplies Facilities Operating ISF 192 Operating Supplies Ice Operations 176 EMS Supplies Fire 175 Tuition Reimbursement/School Police Sworn 173 Other Contracted Services Winter Theatre 160 Investigation Travel Fire 160 Investigation Travel Fire 160 Operating Supplies Park Maintenance 155 Equipment Parts Fleet Operating 150 Tuition Reimbursement/School Police Sworn 141 Miscellaneous City Council 141 EMS Supplies Fire 140 Office Supplies Utility Operations - General 138 Equipment Repair & Maint Fire 134 Operating Supplies Police Sworn 131 Operating Supplies Police Sworn 126 Clothing & Uniforms Pool Lessons 125 Conference/Training Assessing 124 Operating Supplies Police Sworn 123 Licenses, Taxes, Fees Engineering 122 Operating Supplies Arts Center 115 Conference/Training Utility Operations - General 115 Conference/Training Utility Operations - General 114 Operating Supplies Arts Center 111 Equipment Repair & Maint Water Treatment 111 Operating Supplies Police Sworn 109 Operating Supplies Arts Center Amount Account Description Business Unit108Clothing & Uniforms Tree Disease 107 Software IT Operating 106 Clothing & Uniforms Softball 106 EMS Supplies Fire 100 Clothing & Uniforms Police Sworn 100 Conference/Training Park Maintenance 100 Software Water Metering 100 Operating Supplies Arts Center 98 Training Supplies Police Sworn 96 Operating Supplies Arts Center 96 Clothing & Uniforms Police Sworn 95 Office Supplies Police Sworn 94 Operating Supplies Pool Operations 93 Training Supplies Police Sworn 88 Process Control Equipment IT Operating 87 Operating Supplies Police Sworn 86 Repair & Maint. Supplies City Hall (City Cost) 85 Operating Supplies Fire 84 Operating Supplies Youth Programs Admin 83 Software/Hardware Maint.Fire 83 Miscellaneous Internal Events 83 Operating Supplies Outdoor Center 81 Operating Supplies Police Sworn 77 Operating Supplies Emergency Management 76 Operating Supplies Fitness Classes 75 Capital Under $25,000 Utility Operations - General 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 72 Clothing & Uniforms Winter Theatre 72 Repair & Maint. Supplies Stormwater Collection 70 Operating Supplies Arts Center 69 Repair & Maint. Supplies Water Treatment 69 Computers Utility Operations - General 68 Operating Supplies IT Operating 68 Merchandise for Resale Concessions 65 Office Supplies Community Development Admin. 61 Safety Supplies Park Maintenance 61 Advertising Prairie View Liquor Store 60 Operating Supplies Concessions 60 Small Tools Emergency Management 60 Equipment Repair & Maint Public Safety Communications 60 Repair & Maint. Supplies Water Distribution 59 Computers IT Operating 58 Office Supplies Utility Operations - General 57 Repair & Maint. Supplies City Center - CAM 55 Advertising Summer Theatre 55 Operating Supplies Fire 52 Operating Supplies Elections Amount Account Description Business Unit52Operating Supplies Outdoor Center 51 EMS Supplies Fire 51 Computers IT Operating 50 Operating Supplies Facilities Staff 50 Clothing & Uniforms Tree Disease 49 Repair & Maint. Supplies Stormwater Collection 49 Operating Supplies Police Sworn 48 EMS Supplies Fire 48 Dues & Subscriptions Communications 47 Miscellaneous Safety Camp 45 Operating Supplies Fitness Classes 44 Operating Supplies Outdoor Center 44 Operating Supplies Emergency Management 42 Miscellaneous Internal Events 40 Operating Supplies Arts Center 40 Operating Supplies Senior Center Admin 40 Training Supplies Police Sworn 40 Operating Supplies Prairie View Liquor Store 39 Operating Supplies Arts Center 39 Operating Supplies Police Sworn 36 Deposits General Fund 35 Operating Supplies Arts Center 35 Tuition Reimbursement/School Police Sworn 34 Repair & Maint. Supplies Stormwater Collection 33 Concessions Concessions 32 Deposits General Fund 32 Office Supplies Community Development Admin. 32 Operating Supplies Tree Disease 32 Cleaning Supplies Utility Operations - General 32 Operating Supplies Police Sworn 32 Concessions Concessions 31 Operating Supplies Winter Theatre 30 EMS Supplies Fire 30 Operating Supplies Fire 30 Computers IT Operating 30 Training Supplies Prairie View Liquor Store 30 Advertising Summer Theatre 29 EMS Supplies Fire 28 Operating Supplies Park Maintenance 28 Operating Supplies Outdoor Center 28 Conference/Training Fleet Operating 28 Operating Supplies Arts Center 28 Concessions Concessions 27 Office Supplies Police Sworn 26 Office Supplies Fire 25 Operating Supplies Arts Center 25 EMS Supplies Fire 25 Operating Supplies Police Sworn Amount Account Description Business Unit24EMS Supplies Fire 24 Operating Supplies Arts Center 24 Miscellaneous Skating Rinks/Warming Houses 24 Operating Supplies Youth Programs Admin 23 Operating Supplies Youth Programs Admin 22 Operating Supplies Pool Operations 22 Operating Supplies Winter Theatre 21 Operating Supplies Police Sworn 21 EMS Supplies Fire 21 Computers IT Operating 21 Clothing & Uniforms Winter Theatre 20 Licenses, Taxes, Fees Utility Operations - General 20 Repair & Maint. Supplies City Hall (City Cost) 20 Safety Supplies Arts Center 20 Operating Supplies Fleet Operating 20 Software/Hardware Maint.IT Operating 20 Training Supplies Fitness Classes 19 Operating Supplies Den Road Liquor Store 17 Equipment Repair & Maint Public Safety Communications 16 Operating Supplies IT Operating 16 Operating Supplies Pool Operations 16 Office Supplies Housing and Community Service 16 Cleaning Supplies Utility Operations - General 15 Operating Supplies Den Road Liquor Store 15 Operating Supplies Arts Center 14 Operating Supplies Volunteers 14 Operating Supplies Youth Programs Admin 14 Operating Supplies Police Sworn 14 Operating Supplies Police Sworn 13 Safety Supplies Arts Center 13 Operating Supplies Police Sworn 13 Operating Supplies Outdoor Center 13 Operating Supplies Pool Operations 13 Repair & Maint. Supplies Wasterwater Collection 12 Operating Supplies Den Road Liquor Store 12 Operating Supplies Police Sworn 11 Operating Supplies Arts Center 11 Operating Supplies Outdoor Center 10 Operating Supplies Arts Center 10 Advertising Theatre Initiative 9 Safety Supplies Arts Center 9 Operating Supplies Outdoor Center 9 Operating Supplies IT Operating 8 Mileage & Parking Park Maintenance 8 Operating Supplies Special Events Admin 8 Operating Supplies Arts Center 8 Operating Supplies Outdoor Center 8 Operating Supplies Police Sworn Amount Account Description Business Unit7Operating Supplies Arts Center 6 Operating Supplies Police Sworn 5 Dues & Subscriptions Police Sworn 5 Operating Supplies Arts Center 5 Licenses, Taxes, Fees Fleet Operating 5 Licenses, Taxes, Fees Fleet Operating 4 Operating Supplies Senior Center Programs 4 Operating Supplies Fitness Admin. 4 Operating Supplies Fitness Admin. 2 Bank and Service Charges Customer Service 1 Operating Supplies Community Center Admin 1 Advertising Den Road Liquor Store -1 Operating Supplies Fitness Classes -20 Safety Supplies Arts Center -28 Clothing & Uniforms Winter Theatre -32 Miscellaneous Communications -33 Operating Supplies Police Sworn -48 Conference/Training Planning -60 Conference/Training Arts Center -60 Conference/Training Community Center Admin -65 Conference/Training Youth Programs Admin -125 Other Contracted Services Wine Club/Events -145 Conference/Training Street Maintenance -150 Conference/Training Utility Operations - General -177 EMS Supplies Fire -178 EMS Supplies Fire -178 EMS Supplies Fire -196 Conference/Training Utility Operations - General -200 Tuition Reimbursement/School Police Sworn -234 Tuition Reimbursement/School Police Sworn -235 Conference/Training Utility Operations - General -268 Tuition Reimbursement/School Police Sworn -268 Investigation Travel Fire -268 Investigation Travel Fire -290 Conference/Training Utility Operations - General -308 Tuition Reimbursement/School Police Sworn -350 Tuition Reimbursement/School Police Sworn -425 Tuition Reimbursement/School Police Sworn -500 Deposits General Fund -575 Program Trips Outdoor Center -580 Program Trips Outdoor Center -975 Conference/Training Fire -975 Conference/Training IT Operating -975 Conference/Training IT Operating -975 Tuition Reimbursement/School Police Sworn -975 Tuition Reimbursement/School Police Sworn -975 Tuition Reimbursement/School Police Sworn -975 Tuition Reimbursement/School Police Sworn Amount Account Description Business Unit-1,740 Tuition Reimbursement/School Utility Operations - General 39,009 Report Total