HomeMy WebLinkAboutCity Council - 02/16/2021
AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, FEBRUARY 16, 2021 CITY CENTER
5:00 – 6:25 PM, HERITAGE ROOMS
6:30 – 7:00 PM, COUNCIL CHAMBER
CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG
Narayanan, and Lisa Toomey
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 - Heritage Rooms I and II (5:30)
I. SOUTHWEST TRANSIT UPDATE Len Simich (5:00-5:30)
II. CITY COUNCIL PRIORITIES (5:30-6:30)
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM
III. ADJOURNMENT
SouthWest Transit
State of the Agency 2020
February, 2021
2020 Highlights and Impacts
2020 Far from Normal
•Ridership and Farebox Revenue -78%
•Service Reduced -60%
•Staffing Reduced -50%
•Received $2.5m in federal CARES Act funding
•Early action gave the agency the opportunity to
balance 2020 and 2021 budgets, and build
operations back once the coronavirus is
controlled.
2020 Highlights and Impacts
Operations:
•Immediate social-distance overload response
•Road call per mile over 1/50,000 miles
•100% of all scheduled trips operated
•Chargeable accidents below .75 per 100,000 miles
Finance
•Fund balance above 25% floor
•Received GFOA award for Financial Excellence
Major Projects
•Completed Strategic Plan Update
•Completed Asset Management Plan Update and 20 year Facility Assessment
•Updated Emergency Preparedness Plan
•Completed Vehicle Annunciator Project
•Expanded Prime service to include Prime MD
•Completed Garage/Office Expansion (on-time and within budget)
•Developed and Implemented COVID Response
New SouthWest Transit
Garage and Administrative
Facility
What’s in store for
2021
Build back express operations as Downtown/U
of M reopens.
Explore new markets.
Suburb-to-Suburb Services
494/MOA/Airport
Opportunity to build back services smarter.
Create more efficient and attractive
service schedules.
Better leverage microtransit capabilities
–First Mile/Last Mile
Resume Special Event services.
State Fair
Sporting Events
Concerts
Pilot evolving technologies.
Mobility as a Service
Electric Vehicles
Autonomous Vehicles
SouthWest Transit Legislative Priorities
Legislative Goals/Positions (These actions should not be viewed as partisan issues but as
local issues to improve regional transit).
Maintain the existing Funding Model currently in place. Despite the inequities that exist today in
funding suburban transit operations, SouthWest Transit understands now is not the time to seek
additional funding while the State continues to deal with the impacts of COVID-19.
o To balance its budgets in 2020 and 2021, SouthWest Transit furloughed or eliminated over 50% of our
workforce, and reduced service by over 60%.
o SWT has budgeted $3.2 million of its operating reserves to balance our 2021 budget -This reduction
would bring our remaining balance to 25% of our annual operating budget -the minimum amount
identified by both the Metropolitan Council and the State Auditor.
Ensure and Expand Autonomy.
o Control operating area that meets the intentions of the enabling legislation.
o Gain stronger flexibility to direct our own operation (fare setting; vehicle ownership).
o Maintain our ability to provide services that are important to our communities.
o Continue to build upon the innovation; customer satisfaction; community engagement; and cost
effectiveness we have brought to the region. These should not be viewed as partisan issues but as a
regional asset.
Governance Concerns
Opponents of suburban transit cite the shift from local Property Taxes to the Statewide Motor Vehicle
Sales Tax (MVST) in 2002 as the reason to fold suburban operations back under Metro Transit/Met
Council control.
o Over 10% of the current MVST receipts are generated by suburban transit communities. However,
suburban transit systems only receive 4% of MVST revenues.
o In contrast, Metro Transit/Met Council communities generate 33% of MVST receipts and receive 32% of
MVST revenues.
o SWT and other suburban providers have not been receiving our fair share of MVST since 2008 –see
attached graph.
82.61%
17.39%
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
80.00%
90.00%
100.00%
Metro Transit/Met Council Suburban Providers
MVST Transit Funding Allocation
(2002-2008)*
*Based off 21.5% of Total MVST.
95%
5%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
Metro Transit/Met Council Suburban Providers
Additional MVST (RAMVST) Since 2008*
*Based off 36% of Total MVST proceeds.
Potential Merge Discussion
Options for Discussion
Full Fold-In Merge: SWT becomes part of MVTA or vice versa.
Creation of an entirely new transit entity.
Shared Administrative Umbrella Entity: Retains local control funding and branding.
Questions?
AGENDA
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, FEBRUARY 16, 2021 7:00 PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG
Narayanan, and Lisa Toomey
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. BLACK HISTORY MONTH PROCLAMATION
B. PROP FOOD SHELF COLLECTION
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 2, 2021
B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 2, 2021
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. TERREY PINE COFFEE (2020-08) by Java Companies. Second Reading of an
Ordinance for Planned Unit Development with waivers and Zoning Changes from
Office to HWY Commercial on 0.511 acres, Resolution for Site Plan Review on
0.511 acres (Ordinance for PUD District and Zoning Change; Resolution for
Site Plan Review; Development Agreement)
C. MINOR SUBDIVISION- 13905 CHESTNUT DRIVE (2020-07A) by FPA
Multifamily, LLC. Resolution for Minor Subdivision on 5.7 acres (Resolution for
Minor Subdivision)
CITY COUNCIL AGENDA
February 16, 2021
Page 2
D. APPROVE FOURTH AMENDMENT TO LEASE WITH PUREGRACE LLC
AT SMITH-DOUGLAS-MORE PROPERTY FOR SMITH COFFEE AND
CAFÉ
E. APPROVE PURCHASE FROM STRYKER MEDICAL FOR
REPLACEMENT OF LUCAS CPR DEVICES
F. DECLARE GPS UNIT SURPLUS AND APPROVE PURCHASE OF NEW
SURVEY EQUIPMENT
G. APPROVE AGREEMENT WITH ADVANCED ENGINEERING &
ENVIRONMENTAL SERVICES FOR WELL #17 DESIGN AND
CONSTRUCTION MANAGEMENT
H. AWARD CONTRACT TO PUMP AND METER SERVICE, INC.
FOR INSTALLATION OF HEAVY TRUCK LIFT
I. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH PARROTT
CONTRACTING, INC. FOR WATER, SEWER, AND STORMWATER
UTILITY REPAIRS
J. APPROVE AGREEMENT WITH VALLEY RICH COMPANY, INC. FOR
WATER, SEWER, AND STORMWATER UTILITY REPAIRS
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
CITY COUNCIL AGENDA
February 16, 2021
Page 3
1. Approve Revised Layout for Duck Lake Road Improvements
2. Approve Agreement with Riley Purgatory Creek Watershed District for
Duck Lake Road Reconstruction Project
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
XVI. ADJOURNMENT
ANNOTATED AGENDA
DATE: February 12, 2021
TO: Mayor and City Council
FROM: Rick Getschow, City Manager
RE: City Council Meeting for Tuesday, February 16, 2021
___________________________________________________________________________________________
TUESDAY, FEBRUARY 16, 2021 7:00 PM, COUNCIL CHAMBER
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting,
typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the
Council Chamber. If you wish to speak at Open Podium, please contact the City Manager’s Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not
recorded or televised. If you have questions about Open Podium, please contact the
City Manager’s Office. IV. PROCLAMATIONS / PRESENTATIONS
A. BLACK HISTORY MONTH PROCLAMATION
B. PROP FOOD SHELF COLLECTION
Synopsis: Throughout the month of November, the City's three municipal liquor
stores partnered with the PROP food shelf and invited customers to donate to the food shelf. Eden Prairie Liquor stores held a Dollar Drive inviting customers to contribute just $1 each time they visited. We would like to thank Eden Prairie Liquor patrons for their generosity.
Together, these efforts raised a total of $10,587.90 for the PROP food shelf.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Move to approve the agenda.
VI. MINUTES
MOTION: Move to approve the following City Council minutes:
ANNOTATED AGENDA February 16, 2021
Page 2 A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 2, 2021
B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 2, 2021
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
MOTION: Move approval of items A-J on the Consent Calendar. A. CLERK’S LICENSE LIST B. TERREY PINE COFFEE (2020-08) by Java Companies. Second Reading of an Ordinance for Planned Unit Development with waivers and Zoning Changes from
Office to HWY Commercial on 0.511 acres, Resolution for Site Plan Review on
0.511 acres (Ordinance for PUD District and Zoning Change; Resolution for Site Plan Review; Development Agreement)
C. MINOR SUBDIVISION- 13905 CHESTNUT DRIVE (2020-07A) by FPA Multifamily, LLC. Resolution for Minor Subdivision on 5.7 acres (Resolution for Minor Subdivision)
D. APPROVE FOURTH AMENDMENT TO LEASE WITH PUREGRACE LLC
AT SMITH-DOUGLAS-MORE PROPERTY FOR SMITH COFFEE AND CAFÉ
E. APPROVE PURCHASE FROM STRYKER MEDICAL FOR REPLACEMENT OF LUCAS CPR DEVICES
F. DECLARE GPS UNIT SURPLUS AND APPROVE PURCHASE OF NEW SURVEY EQUIPMENT
G. APPROVE AGREEMENT WITH ADVANCED ENGINEERING &
ENVIRONMENTAL SERVICES FOR WELL #17 DESIGN AND CONSTRUCTION MANAGEMENT
H. AWARD CONTRACT TO PUMP AND METER SERVICE, INC. FOR INSTALLATION OF HEAVY TRUCK LIFT I. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH PARROTT CONTRACTING, INC. FOR WATER, SEWER, AND STORMWATER UTILITY REPAIRS
J. APPROVE AGREEMENT WITH VALLEY RICH COMPANY, INC. FOR
WATER, SEWER, AND STORMWATER UTILITY REPAIRS
ANNOTATED AGENDA February 16, 2021
Page 3 IX. PUBLIC HEARINGS / MEETINGS
X. PAYMENT OF CLAIMS
MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote).
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
1. Approve Revised Layout for Duck Lake Road Improvements Synopsis: The Duck Lake Road Improvements are included in the City’s Capital Improvement Plan. The City Council previously approved a Layout Plan for the project on September 18, 2018. Since that time, the Layout Plan was revised to include a bridge over Duck Lake. The
inclusion of the bridge in the Project is a result of numerous meetings with
the DNR and the Riley Purgatory Bluff Creek Watershed District regarding minimization of impacts to Duck Lake and optimizing restoration efforts. The layout plan now includes pedestrian facilities on both sides of Duck Lake Road and incorporates a fishing pier on the east
side of the bridge, thereby providing recreational opportunities for
residents. City Council authorized a final bridge design contract for the project with Bolton & Menk as the consultant on August 20, 2020. This action approves the revised design layout for the project including the bridge.
Easements and properties identified with the previous layout plan were obtained; two temporary easements will require extension. A request to City Council will be made at a later date for approval of a resolution for the appraisal values of the additional easement(s) to be acquired and to
authorize the City Attorney and City Engineer to acquire these easements
ANNOTATED AGENDA February 16, 2021
Page 4 needed for the Project. A cooperative agreement with the Riley Purgatory Bluff Creek Watershed
District regarding a partnership with RPBCWD, including financing of the project will be presented to Council under separate cover. MOTION: Move to approve the revised Layout dated January
28, 2021 for the Duck Lake Road Improvements, City Project
Number I.C. 17-5983.
2. Approve Agreement with Riley Purgatory Creek Watershed District for Duck Lake Road Reconstruction Project Synopsis: The City began developing plans for the reconstruction of Duck Lake Road from Mallard Court to Duck Lake Trail in 2017. The original plans for the project included the reconstruction of the roadway with a trail on the west side of road with a box culvert connecting Duck Lake. After
numerous meetings and environmental efforts with the Riley Purgatory
Creek Watershed District (RPBCWD) and the Department of Natural Resources (DNR), a consensus was reached to revise the plans to include a 235’ bridge over Duck Lake. Pedestrian facilities will be included on both sides of the project and a fishing pier on the east side of the bridge. The
bridge design provides for the following environmental benefits:
Reconnect the historical connection of the lake sections and remove habitat fragmentation within Duck Lake allowing aquatic organisms to move freely between the divided sections, enabling
plant communities to becomes established in the newly connected
corridor, and providing habitat for macroinvertebrates, fish, and amphibians
Restore lake bed
Minimize wetland fill
Reduce wetland bounce in the western bank of Duck Lake to improve shoreline native vegetation establishment
Increase storage volume of Duck Lake and improve floodplain
impacts MOTION: Move to approve the Cooperative Agreement
between the City of Eden Prairie and Riley-Purgatory-Bluff
Creek Watershed District for the Duck Lake Road
Reconstruction Project.
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
ANNOTATED AGENDA February 16, 2021
Page 5 XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Move to adjourn the City Council meeting.
Proclamation
City of Eden Prairie
Hennepin County, Minnesota
WHEREAS, The City of Eden Prairie recognizes and honors the contributions of all members of our
communities, and is committed to diversity, equity, inclusion and mutual respect as a fundamental
aspect of a healthy, thriving community; and
WHEREAS, The Association for the Study of African American Life and History (ASALH) first
sponsored a week to recognize African American history in 1926, which gradually evolved into a full
month of reflection after the Civil Rights Movement until it was officially recognized as Black History
Month by President Gerald Ford in 1976; and
WHEREAS, The Month of February was selected as Black History Month because it marks the birth
of Frederick Douglas, W.E.B. DuBois, Langston Hughes and Abraham Lincoln, leaders whose actions
greatly impacted the lives of the American Black population; and
WHEREAS, The contributions Black Americans made and continue to make to our nation’s economic
strength, as well as to our history, music, arts, national defense, written words, discoveries and
inventions, are often overlooked; and
WHEREAS, Despite all of the progress, the legacy of slavery and segregation still persists in our
nation in the forms of mass incarceration, the school to prison pipeline, racial profiling, educational
inequalities, housing and employment discrimination, racism and bias; and
WHEREAS, In 2021, Black History Month theme centers on “The Black Family: Representation,
Identity and Diversity,” and the rich tapestry of images and complexities for exploring the African
American past and present; and
WHEREAS, The City of Eden Prairie invites all members of the Eden Prairie Community to renew
their commitment to ensuring racial equality, understanding and justice and to participate in
activities designed to advance the cause of freedom and equality for all.
NOW, THEREFORE, the Eden Prairie City Council does hereby proclaim February 2021 as Black
History Month in Eden Prairie, Minnesota and encourages all citizens to observe this month and
honor the history made by Black Americans.
_________________________
Ronald A. Case, Mayor
ITEM NO.: IV.A.
CITY COUNCIL AGENDA
SECTION: Proclamations and Presentations
DATE:
February 16, 2021
DEPARTMENT / DIVISION:
Jaime Urbina, Manager
Administration / Liquor Operations
ITEM DESCRIPTION:
PROP Food Shelf Collection
ITEM NO.:
IV.B.
Synopsis
Throughout the month of November, the City's three municipal liquor stores partnered with the PROP food shelf and invited customers to donate to the food shelf. Eden Prairie Liquor stores held a Dollar Drive inviting customers to contribute just $1 each time they visited. We would like to thank Eden Prairie Liquor patrons for their generosity.
Together, these efforts raised a total of $10,587.90 for the PROP food shelf.
Background Information
The City's three municipal liquor stores partnered with PROP to give back to the community. PROP’s mission is to compassionately provide food and comprehensive support to people in Eden Prairie and Chanhassen who are facing financial hardship or crisis to create a path toward greater
self-sufficiency. Their primary services include a food shelf, short-term financial help, support for
low-income families with children and teens, and support for seniors and individuals with disabilities.
UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, FEBRUARY 2, 2021 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey
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 - Heritage Rooms I and II (5:30) I. COMMISSION WORK PLANS
A. HERITAGE PRESERVATION COMMISSION
Case stated the Council relies on and appreciates the expertise of those serving on
Commissions. This is an opportunity for the Council to learn more about the work
each Commission is doing and ask questions. Getschow stated the chair of each
Commission is presenting today and other Commission Members are attending
virtually.
Steve Olson, Heritage Preservation Commission (HPC) chair, provided an overview
of the mission statement. He stated they have six current members and a great group
of six student members. In regards 2020 accomplishments, HPC received $100 in
grant funds for Rod Fisher to attend the National Alliance of Preservation
Commissions conference. The street sign fundraiser total is at $32,720, with $1,060 in
sales in 2020. In 2020 HPC worked with public works on an interpretive panel design
about the Railroad Depot at the City Water Reservoir site
Case inquired what the $32,720 is allocated for. Olson responded he does not believe
there are specific guidelines for use. HPC does feel some ownership, and would like
to have some say in how the funds are used. Getschow responded it is a separate line
item, but legally the money could be used for any purpose. Original conversations
were to utilize funds for restoration of the Flying Red Horse. It was an HPC project to
begin working on the sale of the street signs. Olson noted another idea mentioned for
the funds was hanging historic photographs or maps up at Fat Pants Brewery.
City Council Workshop Minutes February 2, 2020
Page 2 Olson stated other 2020 projects included updating the City Heritage Sites Interactive
Map by including more images with greater resolution. HPC assisted with the
preparation of the Yorkville and Bloomington Road Heritage Site Preservation Plan.
There were a few proposals to do the work, and HPC selected John Gertz’s group.
They are now in the review process. There was also an attempt to secure some
additional funding for upgrades to the upper-level of Cummins Phipps Grill House.
Although funds were not secured, they continue to make efforts to improve the
upstairs. Several Commission Members attended the virtual Preserve Minnesota 2020
conference. In 2020, they hosted David Mather, from the State Historical Preservation
Office (SHPO), to talk about the history of the Minnesota River Valley near Eden
Prairie. HPC will likely purse a grant to work on a public archeological project at the
Yorkville and Bloomington Road site. In 2020 they also created a student member
learning experience where students picked one of four Historic Places nomination
forms to present a report on.
Olson stated, in regards to 2021 goals, they held a joint meeting with the Parks,
Recreation and Natural Resources Commission last night. They have plans to hold
joint meetings with other commissions and the Historical Society in the future. The
HPC staff liaison, Beth Novak-Krebs, created a new Commission Member training
curriculum to be used for new members. HPC will explore ideas for projects
communicating the diversity in Eden Prairie’s history. They intend to review and
approve the Yorkville and Bloomington Road Heritage Site Preservation Plan. They
will continue collaborating with City Staff on presenting oral histories on the City
website. HPC will work on additional signage at the Water Reservoir. They will
continue vetting solutions for the Flying Red Horse restoration and location. The
HPC Award will be presented in the spring. HPC will pursue a grant to replace the
roof on the Cummins, Phipps, Grill House. Lastly, they hope to engage in PeopleFest!
And Fall Harvest events later in the year.
Narayanan inquired if HPC communicates with other cities to learn about their
projects and processes. Olson replied in previous years the students have been
assigned the task of reviewing comparable website and other City’s projects. In this
process, they did not gather many new insights.
Toomey inquired about the blacksmith shop they would like to dig for and who could
participate. Olson stated they have contemplated having this open to the public for
those who are interested.
Freiberg stated there is such enthusiasm in the Commission and it is impressive.
Toomey inquired where the Flying Red Horse will be located. Getschow replied there
have been many discussions and suggestions such as light rail transit (LRT) stations,
public locations, and the Eden Prairie Center. A decision has not been made.
City Council Workshop Minutes February 2, 2020
Page 3
Nelson inquired if there are opportunities for historical signs to be placed on trails,
especially as with a lot more trail usage. Case added this is a great idea. HPC has
sponsored many kiosks educating the public on Eden Prairie history, the most recent
kiosk at the entrance of the Richard T. Anderson Conservation Area. It would be
interesting to have another kiosk located on the big woods trail between Eden Prairie
Road and Dell Road. Every decade there are more new residents to inform about the
history of the City. He thanked the Commission Members for their work.
B. PLANNING COMMISSION
Andrew Pieper, Planning Commission (PC) chair, stated the Commission has a very
knowledgeable group of commission members who have great discussions. In 2020,
they reviewed 13 development projects. Flying Cloud Commons was phase three of
the Castle Ridge Redevelopment Project. It includes a grocery store, foot fast food
restaurant with drive thru, bank with drive thru, and 1.8 acre outlot for future
commercial development opportunity. Golden Triangle Industrial Development was a
previously undeveloped parcel within half a mile from light rail transit (LRT). 80
percent of the building will be used for warehouse and 20 percent will be used for
office space. Eden Ridge was a proposal for ten single family lots. There were a lot of
features for green, energy efficient homes and a sustainable approach to
neighborhood design. There are always many discussions about energy efficiency,
electric vehicles, and green designs amongst the Commission Members. Tiller Plant
Corporation 912 was a proposal to relocate the plant processing and stockpile areas
within the site. Terrey Pine Coffee was a recent addition mostly catering to drive thru
patrons. They reviewed three variance applications: Bowlero rear yard setbacks and
base area ratio, Rogers Road side yard setbacks for a shed, and Melrose Chase
proposal to exceed impervious surface coverage to construct a swimming pool. They
reviewed three code amendments: lighting, gymnasiums, and towers and antennas
Pieper stated the 2021 work plan initiatives include development projects
applications, Housing Task Force recommendations, Aspire 2040 implementation
strategies, code amendments such as new zoning districts, and e-plan review training.
Case stated PC is one of the two statutorily mandated commissions. The Commission
occasionally handles controversial issues surrounding development, and the Council
appreciates the opportunity to watch those meetings and read those minutes.
Nelson stated she appreciates the Commissions continued discussions on green design
and encouraging developers to consider incorporating these ideas. It would be helpful
to consider additional training on topics of interest. Narayanan stated he also
appreciates the sustainability efforts the commission discusses and asks of
City Council Workshop Minutes February 2, 2020
Page 4 developers. The Council relies on the PC for their expertise. Toomey noted the PC
was also able to save a heritage tree at the Terrey Pine Coffee site. She learned a lot
during her time on the PC. Freiberg also stated the Commission helps Council to
successfully do their job. Pieper added there are many efforts to save heritage trees.
C. SUSTAINABILITY COMMISSION
Case stated he is excited to see the name change to sustainability rather than
conservation. Sustainability is a one of the major goals of all of the Council Members.
Cindy Hoffmann, Sustainability Commission (SC) chair, stated each Commission
Member brings their own expertise, whether energy, landscape, air, or water. In
regards to 2020 accomplishments for events and outreach, they were still able to host
Park Clean Up Days while socially distanced at Riley Lake. The Commission did
another clean up in September at Round Lake. They promoted the Home Energy
Squad Intercity Challenge and had 136 visits scheduled, putting Eden Prairie in third
place. The curbside and electronics drop off recycling event took place in June, and
there was an additional event held in October. Two Commission Members became
certified through the Hennepin County Master Recyclers program in the fall.
Hoffmann stated 2020 accomplishments in regards to input and support include the
Council approving the Climate Action Plan. They conducted the Sustainable Eden
Prairie awards, awarding five total. They did not receive a nomination for the energy
category and would like to put more effort into it this year. A Metro-wide
Environmental Commission meeting has taken place the last three years to come
together and share ideas. It is a great opportunity to hear what other cities are doing.
They also continued to participate in GreenStep Cities. They had an opportunity to
tour the ground storage reservoir construction site. SC has partnered with many
groups including the West Metro Cities Climate Conversation. They continue to stay
connected with the cities surrounding Eden Prairie as sustainability is a bigger issue.
Hoffmann stated their 2021 work plan goals will be somewhat COVID-19 dependent
in regards to events. In regards to educational materials, there will need to be specific
communication on the organics recycling program. Information gathered from a
survey to the haulers shows they have some concerns about contamination of
organics. In 2021 they will continue with the water conservation rebate programs for
irrigation. They will work on implementing the Climate Action Plan in 2021. Xcel
Energy is in the process of long-term resource planning, and they will be sharing their
comments. Better Buildings MN is State legislature energy code adaptation to reach
net zero by 2036 instead of 2048 as currently planned. SC decided to host a zero
waste webinar in 2021 to educate residents, similar to one hosted in Chanhassen.
City Council Workshop Minutes February 2, 2020
Page 5 Narayanan stated sustainability is a very important topic to the Council. He inquired
if there is a corporate energy award. Hoffman replied the energy award if for
individuals and associations or corporate businesses. Narayanan noted encouraging
businesses could have a greater impact on overall energy efficiency.
Toomey inquired if organics collection has to be done by 2022. Getschow responded
this effort is in regards to haulers doing organics collection for residents. Toomey
inquired if there will be a tour of the organics processing site. Hoffman stated SC will
potentially tour the site. Their main goal is to educate residents before organics
recycling is happening, so the haulers are ready for implementation.
Case stated organics may be a good opportunity to go to a single hauler. He inquired
if haulers have stated a preference for one business to collect organics. Hoffmann
noted many of the haulers were not thrilled about organics. Hassebroek stated Staff
met with each hauler over the summer, and all of the haulers except one stated they
were happy to add this service. Case asked the SC if they could come up with a
recommendation to Council about whether a single hauler would be beneficial. Doing
organics recycling all at once may be overwhelming and it may be helpful to start
with food to focus on the education. Conservation Minnesota has been reaching out as
a possible partner to assist with organics education. Hoffman stated this is a good idea
to take into consideration. Case stated if we are looking at changing the carbon
neutrality date, any advice to help fine tune the Climate Action Plan is appreciated.
Hoffmann expressed thanks to the Council for their support on this work.
Ellis stated after meeting with local haulers many stated they would like to choose
how they collect organics. Customers will likely want to pick a hauler based on how
they will collect organics if they do not want an additional can. Case stated it may be
beneficial to go to a single hauler for less wear on the roads, consistency of
messaging, and more involvement from residents in organics collection. Ellis added
the City consistently has the highest rates for recycling in the County and he believes
it may not be necessary to go with a single hauler. Getschow noted there will be a
Council workshop in March dedicated to sustainability.
Nelson inquired about having a website with additional information on the Better
Buildings MN. Narayanan inquired if any commission members are a part of the local
climate action plan group. Hoffmann stated none she is aware of.
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM III. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, FEBRUARY 2, 2021 7:00 PM, CITY CENTER
CITY COUNCIL: Mayor Ron Case, Council Members Mark Freiberg, P G Narayanan, Kathy Nelson, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet
Jeremiah, Parks and Recreation Director Jay Lotthammer, Police Chief Greg Weber, Fire Chief Scott Gerber, 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 City Council Members were present. Council Member Nelson attended the meeting virtually.
II.PLEDGE OF ALLEGIANCE
III.OPEN PODIUM INVITATION
IV.PROCLAMATIONS / PRESENTATIONS
A. SWLRT CONSTRUCTION STATUS UPDATE
Getschow stated we are in the midst of a major infrastructure project in Eden Prairie with the Southwest Light Rail Transit (SWLRT) construction. Representatives from the Metropolitan Council’s SWLRT project office are here to provide a project update.
Jim Alexander, SWLRT Project Director reported he and James Mockovciak, SWLRT
Communications Outreach Coordinator, will present a PowerPoint giving a project overview, a project update, a recap of 2020 construction completed, an overview of 2021 construction plans, and an update on communications and outreach.
Mr. Alexander explained we are in the middle of the construction sequencing for the
Metro Green Line Extension project. At the end of 2020 the civil construction was 35% completed overall, with a higher percentage completed in Eden Prairie. Thus far eight of 16 stations are underway, 23 of 29 bridges are underway or completed, five of the eight tunnels are underway, and 47% of the 127 retaining walls have been completed.
Mr. Alexander elaborated on two major construction challenges that have been encountered for the project: the corridor protection wall added between the BNSF
CITY COUNCIL MINUTES February 2, 2021
Page 2 freight line and the SWLRT trains on the eastern part of the project, and the secant pile wall in the Kenilworth tunnel. The corridor protection wall was not incorporated in the original project, rather it will be added as a change. Consequently, that portion of the
SWLRT project may be more costly than anticipated. They are in the middle of contract negotiations for that segment of the line which involves building next to an active rail line so there is not a lot of space in which to work. Toomey asked how long construction of this corridor protection wall will delay the
project. Mr. Alexander replied they are in the process of evaluating that and don’t know how long it will take the civil contractor to do the work. The system contractor needs to fit this into their schedule once the civil work is completed. Mr. Alexander continued to describe the second challenge of building the secant pile
wall in the Kenilworth tunnel. He explained this came about because of unforeseen soil
conditions that caused settling during construction activities. An alternative construction method was needed to mitigate soil movement adjacent to existing buildings. The factors involved in construction of this wall are to do the work adjacent to an active freight/railroad line, a confined work area with limited access points, and
the impact on the project schedule. The addition of a secant wall on this 500-foot
section of the project was done in an abundance of caution to protect the buildings next to the construction site. They are in the process of finishing up the design of the secant wall and will then seek a change order for the construction.
Mr. Alexander explained both of the additional construction projects are major projects
by themselves and, taken together, have a significant impact to the project’s overall schedule due to their scope and complexity. While the two additional construction projects are being negotiated, they are trying to open up some of the project in Eden Prairie earlier than anticipated. They will communicate as more of the details on the
impact of the additional projects become known; however, it will impact the original
completion date of 2023. Toomey asked how much more the cost will be than the original estimate. Mr. Alexander replied they don’t have that number now as that is part of their negotiation
with the original contractors. Toomey then asked if the money for the additional
projects will come out of the $200,000,000 reserve for the contract. Mr. Alexander responded they started the construction with a 12% contingency fund and are currently at around the 10% mark. They hope to be able to use those funds for the two changes to the project; however, they don’t know at this point if it will cover the additional cost.
Narayanan asked for an estimate on when the construction in Eden Prairie will be completed. Mr. Alexander responded they don’t have that figure, but the Eden Prairie potion is probably more completed than the overall 35% completion of the civil construction portion for the entire project because several of the bridges in Eden Prairie
are completed. Narayanan asked when the pilings will be completed so the noise level
can go down. Mr. Alexander replied that information is coming on an upcoming slid,e and he would like to wait to answer the question.
CITY COUNCIL MINUTES February 2, 2021
Page 3 Mr. Alexander displayed images of construction in Eden Prairie. He noted they have worked with Len Simich, SouthWest Transit CEO, on SouthWest Station, and work is continuing on SouthWest Station and the Prairie Center Drive bridge during the winter
months. He reported the northern portion of the Hwy 62 tunnel is completed, and they plan to continue work on the south section of the tunnel in 2021. They plan to begin installation of the LRT track this year, starting at the west end of the project. Mr. Alexander displayed a map with 2021 construction highlights which will be put on
their website. There will be more pile driving at the Southwest Station and a couple of other locations in 2021. They will do their best to get word out on the pile driving work schedule. He reviewed the roadway closures planned for 2021 in Eden Prairie. Narayanan asked if the number of complaints from residents has changed. Mr.
Alexander replied that will be covered under Mr. Mockovciak’s presentation. He noted
they are available to give updates to the City Council at any time. Mr. Mockovciak gave a PowerPoint update on the communications and outreach for the SWLRT project. He reported they have over 16,000 subscribers to the construction
update website. In 2020, they have received 45 calls from Eden Prairie residents on the
24-hour construction hotline. Those calls are answered within 24 hours and are directed to the construction contractor if it involves a construction emergency. The outreach staff handles hundreds of emails and calls from community members. There are construction information workgroups in every city on the SWLRT line. The workgroup
consists of community members who are willing to meet with SWLRT representatives
once a month to engage in conversations about how the SWLRT can do the job better. They have seven or eight active members in the Eden Prairie group which met eight times during 2020.
Mr. Mockovciak reviewed several lessons they have learned to date:
Broadly communicate potential impacts;
Maps and other visuals of construction activities help the community know
what to expect;
Community members appreciate targeted messages to distinct parts of the corridor;
Concerns persist about construction noise and vibration;
Safety remains a key concern. Mr. Mockovciak reported their community engagement focus in 2021 will include videos of “What to Expect” and site tours. They will continue meeting with the
community workgroups and hope to return to in-person public engagement when
possible. They plan a virtual town hall meeting with a movie clip to explain the construction project and what happens next. They would like to give site tours this summer, if possible.
Narayanan stated he will be really excited to see this finished because it is a very
important project for Eden Prairie. Mr. Mockovciak expressed his appreciation for the
CITY COUNCIL MINUTES February 2, 2021
Page 4 support they receive from the Eden Prairie City Council and City staff members. Case thanked the two SWLRT representatives for coming out and updating the
community. He noted the Council may want to take a workshop excursion to visit one of the construction sites this summer. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Freiberg moved, seconded by Toomey, to approve the agenda as published. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JANUARY 19, 2021 B. CITY COUNCIL MEETING HELD TUESDAY, JANUARY 19, 2021 MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the
Council workshop held Tuesday, January 19, 2021, and the City Council meeting held Tuesday, January 19, 2021, as published. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. FLYING CLOUD COMMONS (CASTLE RIDGE RETAIL) By Oppidan Investment Company. Second Reading of Ordinance 1-2021-PUD-1-2021 for PUD District amendment with waivers on 7.27 acres; Resolution 2021-17 for Site Plan
review on 7.27 acres; Development Agreement (Ordinance No. 1-2021-PUD-1-2021
for PUD District amendment with waivers, Resolution No. 2021-17 for Site Plan review, Development Agreement) C. APPROVE SECOND READING OF ORDINANCE NO. 2-2021 AMENDING CITY CODE CHAPTER 5, SECTION 5.40, RELATING TO GAMBLING AND ADOPT RESOUTION NO. 2021-18 APPROVING SUMMARY ORDINANCE D. APPROVE PURCHASE FROM JEFFERSON FIRE AND SAFETY FOR REPLACEMENT TURNOUT GEAR WASHER FOR FIRE STATIONS 1, 2, AND 3
E. APPROVE WRITTEN CONSENT RELATED TO INCREASE IN DEBT
AMOUNT FOR CASCADE AT TOWN CENTER
CITY COUNCIL MINUTES February 2, 2021
Page 5 F. APPROVE CONSTRUCTION CONTRACT WITH KEYS WELL DRILLING TO SERVICE AND UPGRADE MUNICIPAL WELL NO. 4 G. APPROVE CONSTRUCTION CONTRACT WITH BERGERSON-CASWELL TO SERVICE AND UPGRADE MUNICIPAL WELL NO. 6 H. AWARD CONTRACTS FOR WATER TREATMENT CHEMICALS FOR 2021 I. ADOPT RESOLUTION NO. 2021-19 TO SUPPORT BETTER BUILDINGS STANDARDS IN MINNESOTA J. APPROVE CONTRACT WITH COLORADO TIMING SYSTEMS FOR PURCHASE OF AQUATICS CENTER SCOREBOARD MOTION: Toomey moved, seconded by Nelson, to approve Items A-J on the Consent Calendar. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” IX. PUBLIC HEARINGS / MEETINGS
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 Freiberg, Narayanan, Nelson,
Toomey, and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF
CITY COUNCIL MINUTES February 2, 2021
Page 6 G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Toomey moved, seconded by Freiberg, to adjourn the meeting. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” Mayor Case adjourned the meeting at 7:38 pm.
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 16, 2021
DEPARTMENT/DIVISION:
Christy Weigel, Police/ Support Unit
ITEM DESCRIPTION:
Clerk’s License Application List
ITEM NO.:
VIII.A.
These licenses have been approved by the department heads responsible for the licensed activity.
Requested Action Motion: Approve the licenses listed below
2021 Renewal Licenses
Private Kennel Debra Wegler
8571 Saratoga Lane
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 16, 2021
DEPARTMENT/DIVISION:
Community Development/Planning
Janet Jeremiah/Beth Novak-Krebs
ITEM DESCRIPTION:
Terrey Pine Coffee
ITEM NO.:
VIII.B.
Requested Action
Move to:
•Approve the 2ndt Reading of an Ordinance for Planned Unit Development District
Review with waivers and a Zoning Change from Office to HWY-Commercial on 0.511acres
•Adopt the Resolution for Site Plan Review on 0.511 acres
•Approve the Development Agreement for Terrey Pine Coffee
Synopsis
This is the final reading for Terrey Pine Coffee. The applicant is requesting approval to construct a drive through coffee shop at 16315 Terrey Pine Drive. The property is located just east of the Burger King site at the corner of Eden Prairie Road and Highway 5. The property is .511 acres.
The applicant is proposing to demolish the existing office building, remove the associated site features and build a new 950 square foot coffee shop. The coffee business will provide drive through service, a walk up window, and online ordering and pick up. Indoor seating is not provided with this new prototype.
Background
The applicant does not intend to provide outdoor seating at this time. A patio with outdoor seating may be added in the future if there is a demand for it. The building does not include public restroom facilities. The Development Agreement addresses the possible addition of a
public restroom should the tenant add outdoor seating.
The 120-day review period expires on March 8, 2021.
Attachments
1. Ordinance for PUD2. Ordinance Summary3. Resolution for Site Plan4.Development Agreement
TERREY PINE COFFEE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 3-2021-PUD-2-2021 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed from the
Office Zoning District and be placed in the Highway Commercial Zoning District. Section 3. That action was duly initiated proposing that the designation of the land be amended within the Highway Commercial Zoning District as 3-2021-PUD-2-2021 (hereinafter
"PUD-2-2021”).
Section 4. The City Council hereby makes the following findings:
A. PUD-2-2021 is not in conflict with the goals of the Comprehensive Guide Plan of
the City. B. PUD-2-2021 is designed in such a manner to form a desirable and unified environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-2-2021 are justified by the design of the development described therein. D. PUD-2-2021 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Office Zoning District and placed in the Highway Commercial Zoning District
respectively as noted in Exhibit A and shall be included hereafter in the Planned Unit
Development PUD-2-2021 and the legal descriptions of land in each district referred to in City
Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of February 16, 2021 entered into between Java 16315 Terrey Pine Dr. LLC, and the City of Eden Prairie, (hereinafter “Development Agreement”). The
Development Agreement contains the terms and conditions of PUD-2-2021, and are hereby made a part hereof. Section 7. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled
“Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 8. This Ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of January, 2021., and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 16th day of
February, 2021.
ATTEST:
__________________________________ ___________________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Current on__________________, 2021.
EXHIBIT A
Legal Description: Lot 2, Block 1, Burger King Eden Prairie Addition. Hennepin County, Minnesota
Abstract Property
TERREY PINE COFFEE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 3-2021-PUD-2-2021
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AMENDING THE DESIGNATION OF CERTAIN LAND WITH A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at 16315 Terrey Pine Drive from the Office Zoning District to the Highway Commercial Zoning District and amends the designation of that land into a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication. ATTEST:
___________________________ _____________________________ Kathleen Porta, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on February 25, 2021. (A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2021-____
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR TERREY PINE COFFEE BY JAVA COMPANIES WHEREAS, Java Companies, has applied for Site Plan approval of Terrey Pine Coffee to construct a drive through coffee shop;
WHEREAS, zoning approval for the drive through coffee shop was granted by an Ordinance approved by the City Council on February 16, 2021; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at
its December 14, 2021 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its January 5, 2021 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval is granted to construct a drive through coffee shop, subject to the Development Agreement between Java 16315 Terrey Pine Dr. LLC and the City of Eden Prairie, reviewed and approved by the City Council on February
16, 2021.
ADOPTED by the City Council of the City of Eden Prairie this 16th day of February, 2021.
____________________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
Kathleen Porta, City Clerk
Terrey Pine Coffee Development Agreement 1
DEVELOPMENT AGREEMENT
Terrey Pine Coffee THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of __________, 2021, by Java 16315 Terrey Pine Dr. LLC, a Minnesota limited liability company, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City”:
WITNESSETH: WHEREAS, Developer has applied to City for a Planned Unit Development Concept Review on .511 acres, Planned Unit Development District Review with waivers on .511 acres,
Zoning District Change from Office to Highway Commercial Zoning District on .511 acres, and
Site Plan Review on .511 acres (the “Applications”), for real property legally described on Exhibit A (the “Property”); NOW, THEREFORE, in consideration of the City adopting Resolution No. __________
for Planned Unit Development Concept Review, Ordinance No. __________ for Planned Unit
Development District Review and Zoning District Change from Office to Highway Commercial on .511 acres, and Resolution No. ____________ for Site Plan Review. Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised
and stamp dated February 8, 2021, reviewed and approved by the City Council on February 16, 2021, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and
Terrey Pine Coffee Development Agreement 2
modifications as provided herein.
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Property, construction thereon, or failure to
fulfill an obligation imposed upon the Developer pursuant to this Agreement, City shall give 24 hour notice of such violation in order to allow a cure of such violation, provided however, City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing, unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee.
4. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys’ fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors,
suppliers and agents. Developer shall not be released from its responsibilities to release,
defend and indemnify because of any inspection, review or approval by City. 5. EXISTING DEVELOPMENT AGREEMENT: This Agreement supersedes in its entirety that certain Developer’s Agreement relating to the Property by and between the
City and Bud Redburn Insurance Agency, Inc., dated November 1, 1988.
6. EXTERIOR MATERIALS: Prior to building permit issuance, Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property.
Prior to issuance of any occupancy permit for the Property, Developer shall complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C, attached hereto.
7. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION
PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer must submit and obtain the City
Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan must include:
Terrey Pine Coffee Development Agreement 3
1. Wetland information, including wetland boundaries, wetland buffer strips
and wetland buffer monument locations;
2. “Stormwater Facilities” as that term is defined in City Code Section 11.55, Subd. 2, including all stationary and permanent stormwater BMPs designed, constructed and operated to prevent or reduce the discharge of pollutants in stormwater as well as structures built to collect, convey or store
stormwater (“Stormwater Facilities”), and
3. Any other items required with the land alteration permit application and/or by the City Engineer for release of the permit. B. LAND ALTERATION PERMIT: Developer must submit the following with all
land alteration, grading and/or filling permit applications as described below and in
accordance with City Code: 1. Design calculations for storm water quality, rate, 100-year high water level (HWL), and volume together with a drainage area map; ; 2. Financial security in the form of a bond, cash escrow, or letter of credit, equal
to 125% of the cost of the improvements to be made pursuant to the permit, in
a format approved by the City and as required by City Code Section 11.55 Subd. 11 (the “Land Alteration Security”); 3. At the request of the City Engineer, a maintenance and monitoring plan must be submitted for all privately owned Stormwater Facilities to ensure they
continue to function as designed in perpetuity, pursuant to and in accordance
with City Code Section 11.55, Subd. 7 (“Maintenance and Monitoring Plan”). The Maintenance and Monitoring Plan must include, at a minimum: a) The party(s) responsible for maintenance; b) Access plans for inspections, monitoring and/or maintenance;
c) Planting plan (if applicable);
d) Routine and non-routine inspection procedures; e) Frequency of inspections; f) Sweeping frequency for all parking and road surfaces (if applicable); g) Plans for restoration or repairs (including reduced infiltration when
applicable);
h) Performance standards; i) Corrective actions that will be taken if the Stormwater Facility(s) does not meet performance specifications; and
j) Documentation establishing that Stormwater Facilities constructed and
installed under a structure are designed in conformance with the standards outlined in the Minnesota Stormwater Manual published by the Minnesota Pollution Control Agency (the “Minnesota Stormwater Manual”). The underground system must be kept off-line until construction is complete 4. Erosion and sedimentation control plan;
5. Infiltration Practices: All proposed practices, measures and methods must be in accordance with the
Terrey Pine Coffee Development Agreement 4
Minnesota Stormwater Manual. For land alteration permit applications for
projects that incorporate infiltration practices as part of the Stormwater Facility,
this includes but is not limited to: a) Construction management practices that will be used to assure the infiltration system(s) will be protected during construction and functional after completion of construction;
b) Erosion control measures that will be used to delineate and protect the
infiltration system(s) during construction; c) Proposed infiltration volumes in cubic feet and rates in inches per hour; d) Methods that will be used for field verification of infiltration for stormwater infiltration systems;
e) Methods that will be used to assure that infiltration is restored, if needed.
f) Locations for material storage establishing that materials will not be stockpiled or stored within the proposed infiltration area(s); g) Vehicular access and parking routes must not be allowed within the infiltration area(s); and
h) Construction techniques that will be used to protect the infiltration
capacity by limiting soil compaction the greatest extent possible, including use of erosion control fencing to delineate the infiltration area and use of low-impact earth moving equipment.
C. STORMWATER FACILITY MONITORING DURING CONSTRUCTION:
The Developer must employ the design professional who prepared the final grading plan or a professional engineer (to be approved in writing by the City Engineer) to complete the following:
1. Monitor the construction of Stormwater Facilities and temporary BMPs for
conformance to the approved final grading plan, the Minnesota Stormwater Manual, and Stormwater Pollution Prevention Plan (SWPPP). 2. Enter all inspection, monitoring, and maintenance activities and/or reports regarding site construction and land alteration permit requirements into the
City's web-based erosion and sediment control permit tracking program
(currently PermiTrack ESC). Inspections must be conducted at least bi-weekly between April 1 and October 31 and after precipitation events exceeding 0.5 inches.
D. STORMWATER FACILITY MAINTENANCE: Stormwater Facilities must be
maintained by the Developer during construction and for a minimum of two (2) full growing seasons after acceptance of the public infrastructure as determined by the City Engineer. Repairs completed during this time must be done in accordance with the land alteration permit and City Code Section 11.55 Subdivision 7. Repairs to privately owned and maintained Stormwater Facilities must be done in
accordance with the Maintenance and Monitoring Plan. If the Stormwater Facilities
Terrey Pine Coffee Development Agreement 5
are not functioning as designed at the end of the minimum 2-year period, the City
Engineer may extend the Developer’s maintenance responsibility.
Once the minimum 2-year period has been reached or the City has determined that the Stormwater Facilities conform to the design criteria established in the land alteration permit and the SWPPP, whichever is longer, the then-current owner of
the Property will be responsible for all future inspections and maintenance of the
Stormwater Facilities in accordance with City Code Section 11.55 Subdivision 7. If there is a drainage easement present over the Stormwater Facility(s), the easement holder will be responsible.
Pervious surfaces must be stabilized with seed and mulch or sod and all impervious
surfaces must be completed prior to final grading and planting of the stormwater infiltration systems. E. LAND ALTERATION PERMIT FINANCIAL SECURITY: Prior to release of
the Land Alteration Permit Security, Developer must complete implementation of
the approved SWPPP. Any remaining Land Alteration Security shall be released to the person who deposited the Land Alteration Security upon determination by the City that the requirements of City Code Section 11.55 and the conditions of the land alteration permit have been satisfactorily performed.
8. IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City Planner's written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan shall be designed so that water is not directed on or over public trails and sidewalks.
Developer shall complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy permit for the Property.
9. LANDSCAPE & TREE REPLACEMENT PLAN: Prior to building permit issuance,
the Developer shall submit to the City Planner and receive the City Planner's written approval of an executed landscape agreement and a final landscape plan for the Property including all proposed trees shrubs, perennials, and grasses as depicted on the Exhibit B Plans.
Prior to building permit issuance, Developer shall also submit to the City Planner and receive the City Planner's written approval of a security in the form of a cash escrow, or letter of credit, equal to 150% of the cost of said improvements including all proposed trees, shrubs, perennials, and grasses as depicted on the landscape and tree replacement plan on the Exhibit B Plans.
The approved landscape plan shall be consistent with the quantity, type, and size of all
Terrey Pine Coffee Development Agreement 6
plant materials shown on the landscape plan on the Exhibit B Plans. The approved
landscape plan shall include replacement trees of a 2.5-inch diameter minimum size for a
shade tree and a 6-foot minimum height for conifer trees. The approved landscape plan shall also provide that, should actual tree loss exceed that calculated herein, Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss.
The installation shall conform to the approved landscape plan including but not limited to
the size, species and location as depicted on the Exhibit B Plans. Any changes, including but not limited to removal and relocation, to the landscape plan or landscaping installed on the Property shall be reviewed and approved by the City prior to implementing said changes. Developer shall complete implementation of the approved landscape plan as
depicted on the Exhibit B Plans and in accordance with the terms and conditions of Exhibit
C of this Agreement. 10. MECHANICAL EQUIPMENT SCREENING: Developer shall submit to the City Planner, and receive the City Planner's written approval of a plan for screening of
mechanical equipment on the Property. For purposes of this paragraph, "mechanical
equipment" includes gas meters, electrical conduit, water meters, and standard heating, ventilating, and air-conditioning units. Security to guarantee construction of said screening shall be included with that provided for landscaping on the Property, in accordance with City Code requirements. Developer shall complete implementation of the approved plan
prior to issuance of any occupancy permit for the Property.
If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet the Code requirements to screen mechanical equipment from public streets and
differing, adjacent land uses, then the City Planner shall notify Developer and Developer
shall take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the security provided until Developer completes all such corrective measures.
11. OTHER AGENCY APPROVALS: The Developer shall be responsible for submitting
to the City Engineer copies of all necessary approvals issued by other agencies for the project. These submittals are required prior to issuance by the City of the corresponding City permit(s). The agencies issuing such approvals include, but are not necessarily limited to, the following: the Minnesota Pollution Control Agency, Metropolitan Commission
Environmental Services, Riley Purgatory Bluff Creek Watershed District.
The City Planner may determine that conditions of approval required by the Riley Purgatory Bluff Creek Watershed District require changes to the City approvals which may entail additional City review, including public hearing(s) for recommendation by the Planning Commission and approval by the City Council. Developer consents to such
additional review as determined by the City Planner and agrees to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the additional review.
Terrey Pine Coffee Development Agreement 7
12. OWNER’S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner’s
Supplements to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof: A. Jon P. Fransway and Janet J. Barney Fransway, as Trustees of the Jon P. Fransway
and Janet J. Barney Fransway Revocable Trust dated May 30, 2019
13. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property shall be
operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the
Property boundary lines. 14. SANITARY SEWER AND WATER SERVICES: Prior to issuance of a permit from the Engineering Division for the connection of the existing private sanitary sewer and water
services to the public mains, the Developer must field locate the existing sewer and water
services and confirm the sizes of the existing services. If the existing services sizes are determined by the City Engineer to be adequate to provide the required capacity, Developer must use and extend those existing services instead of installing new services. The existing water service size and location must be shown on the building permit plan. If the City
Engineer determines that the existing water service is not sized to provide required
capacities, Developer must remove the water service to the main. 15. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code requirements within the Highway Commercial Zoning District through the Planned Unit
Development District Review for the Property and incorporates said waivers as part of
PUD (list PUD number): A. Impervious Coverage The property is located within a Shoreland area. City Code allows a maximum
impervious surface of 30%. The waivers allows an impervious coverage 50.7% of the
Property. B. Drive Lanes City Code requires 25’ wide drive lanes in the parking lot. The waiver allows 24’ wide
drive lanes in the parking lot.
C. Parking Lot Islands City Code requires parking lot islands to have a size of not less than 160 square feet. The waiver allows two of the islands to be less than 160 square feet.
16. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and
Terrey Pine Coffee Development Agreement 8
obtain the Chief Building Official's written approval of detailed plans for any retaining
walls greater than four feet in height.
These plans shall include details with respect to the height, type of materials, and method of construction to be used for the retaining walls.
Developer shall complete implementation of the approved retaining wall plan in
accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. All maintenance and repair of all retaining walls on the Property shall be the responsibility
of the Developer, its successors and assigns.
17. SIDEWALK CONSTRUCTION AND EASEMENT: The approved Plans show a sidewalk from the building to the existing driveway apron for Lot 1, Block 1, Burger King Addition (the “Adjacent Property”) at the Terrey Pine Drive cul-de-sac (the “Sidewalk”).
A portion of the Sidewalk crosses the Adjacent Property. As of the date of this Agreement,
Developer has not provided the City with evidence that it has the legal right to construct the Sidewalk on the Adjacent Property. Prior to issuance of a building permit for the Property, Developer’s obligations with respect to the Sidewalk are as follows:
A. Developer must make reasonable efforts to secure an easement from the owner of
the Adjacent Property to allow Developer to construct and maintain the Sidewalk (the “Sidewalk Easement”). Developer must provide to the City the draft Sidewalk Easement between Developer (or the then-current owner of the Property, if not Developer) and the owner of the Adjacent Property for approval by the City
Engineer that documents Developer’s right to construct the portion of the Sidewalk
on the Adjacent Property. The Sidewalk Easement must at a minimum: (1) address ownership and maintenance of the Sidewalk; (2) provide that the Sidewalk remain open to the public except for temporary closures for maintenance purposes; and (3) provide that the easement cannot be rescinded, revoked, or amended without the
prior approval of the City Engineer. After approval of the draft by the City
Engineer, no building permit will be issued until Developer provides proof to the City that the Sidewalk Easement has been recorded with the Hennepin County Recorder’s Office. Developer must then construct the Sidewalk at the time of the development work.
B. If Developer is unable to secure the Sidewalk Easement after reasonable efforts, Developer must, prior to building permit issuance, deposit with the City a cash escrow in the amount of 125% of the estimated cost of the Sidewalk, as determined by the City Engineer in his/her sole discretion, which will be used by the City to construct the Sidewalk at a later date. Any amounts remaining in the cash escrow
after the construction of the Sidewalk will be returned to the then-current owner of the Property at the taxpayer address on file with Hennepin County
Terrey Pine Coffee Development Agreement 9
18. SIGNS: Developer agrees that for each sign which requires a permit by Eden Prairie City
Code, Section 11.70, Developer shall file with the City Planner and receive the City Planner's written approval of an application for a sign permit. The application shall include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size,
material construction, and location of any such sign, consistent with the sign plan shown
on the Plans and in accordance with the requirements of City Code, Section 11.70, Subdivision 5a. Developer intends to utilize the existing freestanding sign to the north of the proposed
building. Developer acknowledges that the freestanding sign is a legal nonconforming use
due to its location within the setback. Any expansion or relocation of the sign will require conformance with all current City Code standards. 19. SITE LIGHTING: Prior to building permit issuance, Developer shall submit to the City
Planner and receive the City Planner's written approval of a plan for site lighting on the
Property. All pole lighting shall consist of downcast cut-off not to exceed 25 feet in height. Developer shall complete implementation of the approved lighting plan prior to issuance of any occupancy permit for the Property.
20. SNOW STORAGE: Snow storage shall not occur within any parking stalls on the
Property or in areas directly draining to the porous pavement surface. If there is not adequate snow storage on the parking lot on the Property, snow shall be removed from the Property.
21. TRASH ENCLOSURE: Developer has submitted to the City Planner, and obtained the
City Planner's written approval of a plan for the design and construction of the outside trash enclosure for the Property. This trash enclosure shall be constructed with face brick to match the building, include a roof, and heavy duty steel gates that completely screen the interior of the enclosure. Developer shall complete implementation of the trash enclosure
plan prior to issuance of any occupancy permit for the Property.
22. PUBLIC RESTROOMS. Developer plans to lease the Property to a tenant who will operate a coffee shop providing only drive-through and walk-up service. The tenant does not intend to provide a public restroom for customers. The proposed tenant indicates that
there will be no indoor seating and there is no current plan to provide outdoor seating on
the patio shown on the Plans unless there is customer demand for such outdoor seating. Developer must include in any lease for the Property a provision requiring that, should the tenant determine to provide outdoor seating, the tenant will provide public restroom(s) to the extent required by, and in accordance with the requirements of, the State Building Code.
Terrey Pine Coffee Development Agreement 10
23. MORTGAGEE CONSENTS. For any mortgage liens recorded against the Property prior
to the recording of this Agreement, Developer will deliver to City consents in the form
attached hereto as Exhibit D.
Terrey Pine Coffee Development Agreement 11
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE
By___________________________ Ronald A. Case Its Mayor
By____________________________ Rick Getschow Its City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2021, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
_______________________ Notary Public
Terrey Pine Coffee Development Agreement 12
Terrey Pine Coffee Development Agreement 13
EXHIBIT A
DEVELOPMENT AGREEMENT – TERREY PINE COFFEE
LEGAL DESCRIPTION Lot 2, Block 1, Burger King Eden Prairie Addition. Hennepin County, Minnesota Abstract Property
Terrey Pine Coffee Development Agreement 14
EXHIBIT B
DEVELOPMENT AGREEMENT – TERREY PINE COFFEE
PLANS
LIST OF MATERIALS 1. Project Narrative dated 10/20/2020 by Java Companies
2. Title Sheet dated 02/05/21 by Civil Site Group 3. Site Survey dated 02/05/21 by Civil Site Group 4. Removals Plan dated 02/05/21 by Civil Site Group 5. Tree Preservation Plan dated 02/05/21 by Civil Site Group 6. Vehicle Turning Movements dated 02/05/21by Civil Site Group
7. Grading Plan dated 02/05/21 by Civil Site Group
8. Utility Plan dated 02/05/21 by Civil Site Group 9. Civil Details dated 02/05/21 by Civil Site Group 10. Civil Details dated 02/05/21 by Civil Site Group 11. Civil Details dated 02/05/21 by Civil Site Group
12. Landscape Plan dated 02/05/21 by Civil Site Group
13. Landscape Plan Notes and Details dated 02/05/21 by Civil Site Group 14. Lighting Plan dated 01/14/21 by Luma Sales Associates 15. SWPPP – Existing Conditions dated 02/05/21 by Civil Site Group 16. SWPPP – Proposed Conditions dated 02/05/21 by Civil Site Group
17. SWPPP – Details dated 02/05/21 by Civil Site Group
18. SWPPP – Narrative dated 02/05/21 by Civil Site Group Architectural Site Plan dated 01/08/21 by Lampert Architects Floor Plan and Building Elevations dated 01/08/21 by Lampert Architects
Color Building Elevations stamp dated 02/08/21 by Lampert Architects
Building Material Board stamp dated 02/08/21 by Lampert Architects
Terrey Pine Coffee Development Agreement 15
EXHIBIT C
DEVELOPMENT AGREEMENT – TERREY PINE COFFEE
I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer,
100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed
District for review and approval. Developer shall follow all rules and recommendations of
said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property.
IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City’s reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the
Property before the Development Agreement and all approvals listed above were approved.
V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property.
VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the
City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except:
INSERT ANY NAME/COMPANY LISTED IN ANY OWNER’S SUPPLEMENT TO THE DEVELOPER’S AGREEMENT) With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and
Terrey Pine Coffee Development Agreement 16
other encumbrances. Prior to final plat approval, Developer shall provide to the
City a current title insurance policy insuring such a condition of title.
B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited
to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec.
115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store,
dispose of, place or otherwise have, in or on the Property, any Hazardous
Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous
substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or
warranties and/or resulting from or due to the release or threatened release of Hazardous
Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives.
VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances.
IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years’ street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs.
X. Developer shall submit detailed water main, fire protection, and emergency vehicle access
plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and
that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law.
Terrey Pine Coffee Development Agreement 17
Developer agrees, therefore, that in the event Developer violates, fails, or refuses to
perform any covenant, condition, or provision made herein, City may, at its option, institute
and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a
waiver of any other remedy.
XII. Developer shall, prior to the commencement of any improvements, provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 14404 Excelsior Blvd., Minnetonka, Minnesota 55305 or
CenturyLink, 14200 Wayzata Blvd. Ste F., Minnetonka, MN 55305.
XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge
(WAC), and park dedication. Contact the Metropolitan Council to determine the number
of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or
removed as required by City ordinance and all permits obtained through the Inspections
Department. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with
approved street names, lot arrangements and property lines.
XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer.
XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the
City.
XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of any conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 ½ by 6 inch sign or decal reading “Scenic/Conservation Easement Boundary, City of Eden Prairie”, will be affixed to the top
of the post.
Terrey Pine Coffee Development Agreement 18
XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record
the Development Agreement at the Hennepin County Recorder’s Office and / or Registrar
of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause
completion in whole or part of all of the Developer’s obligations under this Agreement for
which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the “Security”) is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the
nature of the cure is such that it is not possible to complete the cure within ten (10) days, it
shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so.
The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days’ notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days
prior to the expiration of the Security and if the Security has not then been renewed,
replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys’ fee, incurred by the City
in enforcing this Agreement.
XXI. The Developer hereby grants the City, it’s agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement.
XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person
not a party hereto.
XXIII. Except as specifically authorized by the Director of Public Works, no permit shall be issued for the Property until the Developer has recorded the final plat with Hennepin County Recorder's Office/Registrar of Titles' Office.
XVII. Developer shall pay upon demand to the City all costs incurred by the City in conjunction with the Applications. These costs include internal City administrative, planning and,
Terrey Pine Coffee Development Agreement 19
engineering costs and consulting costs, including but not limited to legal, engineering,
planning and financial, in review, investigation, administering and processing the
Applications and implementation of the approvals granted by the City.
Terrey Pine Coffee Development Agreement 20
EXHIBIT D
DEVELOPMENT AGREEMENT – TERREY PINE COFFEE
FORM OF MORTGAGEE CONSENT AND SUBORDINATION
Terrey Pine Coffee Development Agreement 21
CONSENT AND SUBORDINATION
The undersigned, owner of that certain Mortgage dated the ___ day of __________, recorded in the office of the County Recorder or Registrar of Titles (as applicable) in and for Hennepin County, Minnesota, on the ___ day of ____, ____ as Document No. ______ covering
the Property described on Exhibit A hereto, for valuable consideration, does hereby consent to the
and subordinates it interest in the Property to that certain Development Agreement, to which this Consent and Subordination is attached, dated ______ __, 20__ by ____________________________ to the City of Eden Prairie.
By: Its:
STATE OF MINNESOTA ) ) ss.
COUNTY OF ________________ )
On the ______ day of _______________, 20__, before me personally came ___________________________, to me known, who being duly sworn by me stated that he/she
is the __________________________ of the said _______________________and that he/she is
duly authorized to execute the foregoing instrument.
______________________________
Notary Public
Terrey Pine Coffee Development Agreement 22
EXHIBIT A To Mortgagee Consent and Subordination
Legal Description: Lot 2, Block 1, Burger King Eden Prairie Addition.
Hennepin County, Minnesota
Abstract Property
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 16, 2021
DEPARTMENT/DIVISION:
Community Development/Planning
Janet Jeremiah/ Sarah Strain
ITEM DESCRIPTION:
Parkway Apartments 2nd Addition Minor Subdivision
ITEM NO.:
VIII.C.
Requested Action
Move to: Adopt a Resolution for a Minor Subdivision on 14.4 acres
Synopsis
The proposed Minor Subdivision is being requested by the property owners. The intention is to create two (2) new parcels from the existing undeveloped land and to sell the new parcels to a developer for future development.
Background
The Minor Subdivision request is for the existing Lot 3, Block 2 and
Lot 2, Block 3, of the Parkway
Apartments addition. The gross area of the subject parcel is about 14.4 acres and is part of a larger development area with five (5)
existing apartment buildings. The
Minor Subdivision request will create four (4) separate lots to be platted as Lots 1-2, Block 1 and Lots 1-2, Block 2, Parkway Apartments
2nd Addition. The undeveloped
green space is not connected to any open space requirements or density off-sets for the existing apartment development.
The portions outlined in blue in the image to the right are intended to be kept by the property owner. The new lot lines ensure that the existing apartment buildings comply with all
zoning and setback requirements.
The portions outlined in red are intended to be sold to a developer for future development.
Minor subdivisions, as specified in Chapter 12, can be reviewed and approved by City Council if they are of small size and situated in a locality where conditions are well defined. The minor subdivision process does not require Planning Commission review and recommendation. The City may impose conditions on any proposed minor subdivision that are deemed reasonable and
necessary to protect the public interest including, but not limited to dedication or vacation of
easements. The proposed Minor Subdivision complies with zoning and land use regulations of City Code. City Code Chapter 12 states that the City Council shall review requests for minor subdivisions and approvals shall be made in the form of a resolution. Upon written adoption of a resolution, the applicant shall be responsible for filing the plat with the County Recorder’s or
Registrar of Title’s office, as applicable.
The 120 day review period expires on May 4, 2021. Staff Recommendation Staff recommends approval of the Minor Subdivision. Attachments 1. Resolution for Minor Subdivision
2. Minor Subdivision Drawing
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-___ A RESOLUTION APPROVING THE MINOR SUBDIVISION FOR PARKWAY APARTMENTS 2ND ADDITION
BY FPA MULTIFAMILY, LLC WHEREAS, the Minor Subdivision for Parkway Apartments 2nd Addition has been submitted in a manner required for subdividing land under the Eden Prairie Ordinance Code and under
Chapter 505 of the Minnesota Statutes and all proceedings have been duly had thereunder; and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
A. That the Minor Subdivision request for Parkway Apartments 2nd Addition is approved subject the plans stamp dated January 21, 2021 and staff report dated February 16, 2021.
B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certification
of approval on behalf of the City Council upon compliance with the foregoing
provisions. ADOPTED by the Eden Prairie City Council on the 16th day of February, 2021.
_______________________ Ronald A. Case, Mayor ATTEST: ________________________ Kathleen Porta, City Clerk
Requested Council Action
Move to approve the fourth amendment to the lease between the City of Eden Prairie and Puregrace LLC at the Smith-Douglas-More Property located at 8107 Eden Prairie Road for Smith Coffee and Cafe.
Synopsis
To help finance kitchen renovations planned at the Smith Douglas property this spring, the tenant asked the City to abate additional “percentage” rent owed by the tenant for a 3-year period starting
June 1, 2021. The abated rent, estimated to be between $50,000 - 60,000 will be used to help pay for
the renovations. In return, the percentage rent “breakpoint” will be lower to $450,000 resulting in the
tenant paying more “additional” rent starting July 2024. The City will continue receiving base-rent
from the tenant. If or when the lease would ever be terminated the new walk-in cooler, hood vent, and related equipment affixed to the property will stay with the property.
Background
In order to meet health codes and increase capacity for preparing and serving food, the tenant is planning renovations to the kitchen and serving area. They also plan to erect a 6-foot fence around
the rear yard area to enhance security and allow outdoor alcohol consumption and events. A
Certificate of Appropriateness (COA) will be required from the HPC and will be processed
independently from the lease.
Smith Douglas More property was purchased by the City in 1981 to preserve the historical structure
and property. A major renovation to the home was completed in 2002 for a new Dunn Bros coffee
store which operated through 2007. Since 2008, the property has been leased to Puregrace LLC (Ann
Shuster) who franchised a Dunn Bros until 2016, a Rustica coffee/bakery for two years, and since
2018 has operated independently with a new brand she created called Smith Coffee and Café - in honor of the home’s original owner Sheldon Smith.
Attachment
Fourth Lease Amendment
CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: February 16, 2021
DEPARTMENT/DIVISION:
Community Development:
Janet Jeremiah/David Lindahl
ITEM DESCRIPTION:
Smith Coffee Lease Fourth Amendment
ITEM NO.
VIII.D.
FOURTH AMENDMENT TO LEASE
THIS FOURTH AMENDMENT TO LEASE (the “Fourth Amendment”) is made this ____ day
of _________________, 2021 between THE CITY OF EDEN PRAIRIE ("Landlord"), and PureGrace, LLC, a Minnesota limited liability company (“Tenant”). WHEREAS, Landlord and Tenant are parties to that certain Lease executed on November 11,
2011 by Tenant and November 15, 2011 by Landlord with a Reference Date of November 15,
2011 and Commencement Date of January 1, 2012 (the “Lease”), as amended by that certain First Amendment to Lease (the “First Amendment”) dated the July 16, 2013, and as further amended by that certain Second Amendment to Lease dated March 6, 2018 (the “Second Amendment”), and as further amended by that certain Third Amendment to Lease dated March 25, 2020 (the
“Third Amendment”) for Premises located at 8107 Eden Prairie Road, City of Eden Prairie,
Minnesota, consisting of approximately Three Thousand Three Hundred Twenty Seven (3,327) square feet. The Lease, the First Amendment, the Second Amendment, and the Third Amendment are collectively referred to herein as the “Third Amended Lease.” The Lease, the First Amendment, the Second Amendment, the Third Amendment, and this Fourth Amendment are
collectively referred to herein as the “Fourth Amended Lease”; and
WHEREAS, Tenant and Landlord desire to correct an error relating to the term of the Lease, document Landlord’s consent to certain improvements on the premises, provide for an abatement of Percentage Rent to assist Tenant in paying for those improvements, and to amend the terms of
the coronavirus emergency rent abatement as provided by the Third Amendment, all as set forth
herein. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, Landlord and Tenant hereby agree as follows:
1. The Reference Page is amended to amend TERM OF LEASE to “Sixteen years, beginning on the Commencement date and ending on the Termination Date (unless sooner terminated pursuant to the Fourth Amended Lease).”
2. Section 1.2 of the Lease, as amended by the First, Second, and Third Amendments, is
deleted in its entirety and replaced with the following: 1.2 This Lease shall have a term of approximately sixteen (16) years, beginning on the Commencement Date and ending on December 31, 2027, plus a period of time
equal to the duration of the Abatement Period as described in Section 35.”
3. Section 2.3 of the Lease, as amended by the First, Second and Third Amendments, is hereby deleted in its entirety and replaced with the following:
2.3 During and for each Lease Year, Tenant shall pay percentage rent (“Percentage
Rent”) which is defined herein as the Percentage (set forth below) of Gross Sales
in excess of a specified Gross Sales break point (“Break Point”), as follows:
Lease Year Percentage Break Point
1–9 (2012–2020) 6% $500,000
10 (2021)
• Jan–May
• June–Dec
6%
0%
$500,000
--
11–12 (2022–2023) 0% --
13 (2024)
• Jan–May
• June–Dec
0%
6%
--
$450,000
14–16 plus Abatement
Period (2025–2027+)
6% $450,000
4. Section 35 of the Third Amended Lease, as added by the Third Amendment, is hereby
deleted in its entirety and replaced with the following: 35. CORONAVIRUS EMERGENCY RENT ABATEMENT
Tenant shall have no obligation to pay any Monthly Installment of Rent for the
period beginning April 1, 2020 and ending August 31, 2020. Tenant shall pay at least fifty percent (50%) of the amount due for Monthly Installments of Rent for the period beginning September 1, 2020 and continuing until the earlier of: (1) the lifting of any restrictions on indoor dining imposed by executive order or other law
adopted to address the coronavirus/COVID-19 emergency such that Tenant is again
permitted to offer food or beverage for on-premises consumption on the Premises without restriction; or (2) written notice from Landlord that Tenant must resume normal payment of Monthly Installments of Rent. The term beginning April 1, 2020 and ending as described in the preceding sentence shall be referred to herein as the
“Abatement Period.” The parties hereby agree that the term of this Lease shall be
extended beyond the current Termination Date of December 31, 2027 for a period of time equal to the Abatement Period. During the Abatement Period, Tenant shall continue to fulfill all of its other obligations under the Lease, including but not limited to those related to the payment of utilities and insurance and regular repair
and maintenance of the Premises.
5. By executing this Fourth Amendment, Landlord hereby consents to Tenant’s proposed improvements to the kitchen on the Premises, which consent is required by Section 6 of
the Lease. Prior to commencing work on the improvements, Tenant must obtain the written
consent of the Eden Prairie Historic Preservation Commission as required by Section 6 of the Lease. 6. Except as amended herein all terms of the Third Amended Lease remain unchanged and in
full force and effect.
IN WITNESS WHEREOF, Landlord and Tenant have caused this Fourth Amendment to Lease to be executed as of the date set forth above.
[Signatures on Following Page]
LANDLORD: CITY OF EDEN PRAIRIE
By: ____________________________ Ronald A. Case, Its Mayor
By: ____________________________ Rick Getschow, Its City Manager
Dated: _________________________
TENANT:
PURE GRACE, LLC By: ____________________________
Its: ____________________
Dated: _________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
February 16, 2021
DEPARTMENT / DIVISION
Department
Scott Gerber/Fire Department
ITEM DESCRIPTION
Approve purchase from Stryker Medical for LUCAS CPR devices and Accessories
ITEM NO.
VIII.E.
Requested Action
Move to: Approve the purchase of replacement LUCAS CPR devices from Stryker Medical. Stryker Medical is a State Approved vendor and they provided a quote of $64,142.80. This purchase is being paid for with 2021 CIP funds allotted for this project.
Synopsis
This purchase will replace older model LUCAS devices. These devices are used in medical response to assure effective service delivery. The models being replaced are older and these new updated devices will bring all current LUCAS devices utilized by the fire department to the same model.
Attachments
Quote – Stryker Medical Goods and Services contract
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 16, 2021
DEPARTMENT / DIVISION:
Public Works
Carter Schulze
ITEM DESCRIPTION:
Declare GPS Unit Surplus and Approve Purchase of New Survey Equipment from
State Contract Number 171661
ITEM NO.:
VIII.F.
Requested Action
Move to: Declare GPS Unit Surplus and Approve Purchase of New Survey Equipment from State
Contract Number 171661 in the amount of $31,138.50.
Synopsis
Purchasing of new GPS equipment will allow for the use of new technology to enhance the Engineering
Division’s surveying ability. The new equipment will increase precision as well as improve efficiency.
Our Engineering Department will benefit via increased accuracy of designs and record keeping of City infrastructure. This purchase also includes training services offered by the vendor.
The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV).
This enables the City to buy equipment under the terms of contracts already negotiated by the State of
Minnesota. The existing unit declared as surplus will be traded in at a value of $1,500.00 towards the purchase of the new equipment.
Purchasing will utilize engineering budget funding.
Attachment
Quote for Equipment
Frontier Precision, Inc.
10900 73rd Avenue North
Maple Grove, MN 55369
763.496.1366
www.frontierprecision.com
Quote
Date: Jan 15, 2021 09:33 AM
Quote Number: 44019
Valid Until: Feb 16, 2021
Quotation by: Dustin Harr
For questions, contact dharr@frontierprecision.com
BILL TO:
City of Eden Prairie
Dan Sletten
8080 Mitchell RD
Eden Prairie, MN 55344 United States
dsletten@edenprairie.org 952-949-8476
SHIP TO:
City of Eden Prairie
Dan Sletten
,
dsletten@edenprairie.org 952-949-8476
Product Details Qty Price Total
1.R12I-101-60-01 Trimble R12i, Model 60, ROW
Trimble R12i, Model 60, ROW
1 $ 8,000.00 $ 7,200.00
2.R12I-CFG-001-40 Trimble R12i Configuration Level
Trimble R12i Configuration Level - R12i Base and Rover Mode
1 $ 20,500.00 $ 18,450.00
3.101071-00-01 Power Supply and Power Cord For Dual Charger
Trimble Geospatial Accessory - Power Supply and Power Cord for Dual Battery Charger
(North America)
1 $ 95.00 $ 85.50
4.TSC7-1-1111-00 Trimble TSC7-QWERTY keypad
Trimble TSC7 controller - QWERTY keypad, USB/Serial boot, Worldwide region, Standalone
1 $ 4,800.00 $ 4,320.00
5.121354-01-1 Trimble Accessory - Carry Case Shoulder Bag
Trimble Accessory - Carry Case Shoulder Bag
1 $ 79.00 $ 71.10
6.121349-01-1 TSC7 Pole Mount
Trimble TSC7 Accessory - Pole Mount
1 $ 221.00 $ 198.90
7.121358-01-1 External Battery Charger + Batt 2-pack
Trimble Accessory - External Battery Charger w/ Int. Cord, Battery 2-pack
1 $ 445.00 $ 400.50
8.EWLS-TA-LOYAL-STOCK Trim Access RNST lapsed > 12m
Loyalty Program Trimble Access Annual SW RNST
Transfer Trimble Access software to new TSC7 controller after maintenance applied. 1 year
software warranty
1 $ 1,125.00 $ 1,012.50
9.DISCOUNT_GIVEN DISCOUNT_GIVEN
Trade in credit
1 $ -1,500.00 $ -1,500.00
10.FPI-TRAINING-SURVEY Training Fee / Onsite Installation
Onsite training or new product installation and training - 1/2 Day setup and orientation
1 $ 900.00 $ 900.00
Sub Total: $ 31,138.50
Tax: $0.00
Grand Total: $ 31,138.50
Special Notes:
Prices reflect Minnesota State Contract 171661.
Terms and Conditions
All invoices are in U.S. Dollars.
Payment terms are Net 30 days.
Shipping and handling charges are included at no charge per contract terms.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 16, 2021
DEPARTMENT/DIVISION:
Joe Dusek
Public Works/Utilities
ITEM DESCRIPTION:
Approve Agreement for Professional Services with Advanced Engineering & Environmental Services LLC for Well # 17 Design Services
ITEM NO.:
VIII.G.
Requested Action
Move to: Approve Professional Engineering Services Agreement for Well No. 17 in the amount of $56,600.00.
Synopsis
The purpose of the professional services agreement with Advanced Engineering and Environmental Services (AE2S) is to design and manage the construction of a new well required to meet our growing city’s population projections. AE2S will provide the scope of professional services as
described in Exhibit A of the contract, and will serve as the city’s agent at ensuring the well meets
all necessary regulatory and statutory requirements for a public water supply well.
Background Information
With Eden Prairie’s projected population growth, it may become difficult to provide all the water
that the community will require without expanding our water supply. Increased community water conservation steps have helped significantly and will continue to be necessary to obtain approval for additional wells in the future.
The well 17 location will be at the southwest corner of Pheasant Woods Park. In 2008, well 16
was constructed on the northeast corner of Pheasant Woods Park. At the time well 16 was constructed, we planned that a second well will be required to meet future population growth for the City of Eden Prairie. By selecting two well sites at Pheasant Woods Park, we can use the existing collector line and economize on construction costs to minimize the total expense of
expanding our well field.
Funds for this project are available and will be paid from Water Access Charges (WAC).
Attachment
Standard Agreement for Professional Services from AE2S
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 16, 2021
DEPARTMENT / DIVISION:
Public Works
Paul Schlueter / Fleet Services
ITEM DESCRIPTION:
Award Contract for Installation of Heavy Truck Lift
ITEM NO.:
VIII.H.
Requested Action
Move to: Award the contract for installation of a Rotary V80-32F heavy truck lift in the Fleet Services
shop to Pump and Meter Service, Inc. for $42,302.65.
Synopsis
The City’s 2021-2030 approved Capital Improvement Plan includes a project to install a new heavy truck
lift in the Fleet Services shop.
Fleet Services obtained two (2) installation quotes from reliable contractors that we have previously worked with and a summary of those quotes is noted below.
Vendor: Quoted Price:
Pump and Meter Service, Inc. $42,302.65
Lube-Tech, Inc. $56,737.52
The low quote for installation of the heavy truck lift was provide by Pump and Meter Service. Staff is recommending award of the contract for installation of the heavy truck lift to Pump and Meter Service, Inc.
for the quoted amount of $42,302.65.
Attachment
City of Eden Prairie / Pump and Meter Service, Inc. – Standard Construction Contract
2018 08 01
Construction Contract
This Contract (“Contract”) is made on the 16th day of February, 2021, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Pump and Meter Service, Inc., a Minnesota Corporation (hereinafter "Contractor") whose business address is 11303 Excelsior Boulevard, Hopkins MN 55343.
.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Contract is to set forth the terms and conditions for the provision of services by Contractor for installation of a Rotary V80-32F heavy truck lift and accessories hereinafter referred to as the "Work". (The Rotary V80-32F truck lift will be purchased under a separate State of MN purchasing contract)
The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the
provisions of the Work in accordance with attached Exhibit A. Any general or specific
conditions, terms, agreements, contractor or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner.
2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by July 30, 2021. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $42,302.65 as
full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay.
Standard Construction Contract 2018 08 01 Page 2 of 12
4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an
itemized invoice for services performed under this Contract. Invoices submitted shall be paid
in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if
provided for in Exhibit A, the Contractor shall provide an itemized listing and such
documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien
waivers from all subcontractors on the project waiving liens for work for which
payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: “I declare
under penalty of perjury that this account, claim, or demand is just and correct and
that no part of it has been paid.” c. Final Payment. Contractor’s request for final payment shall be accompanied by Contractor’s affidavit that all payrolls, bills for materials and equipment, and other
indebtedness connected with the Work for which the City or its property might in any
way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall
constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the
Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement.
5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall
put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties.
Standard Construction Contract 2018 08 01 Page 3 of 12
6. Project Manager and Staffing. The Contractor shall designated a Project Manager and
notify the City in writing of the identity of the Project Manager before starting work on the
Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City.
7. Condition and Inspection. All goods and other materials furnished under this Contract shall
be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current
manufacture may be returned to the Contractor at the Contractor’s expense.
8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The
Contractor shall bear all costs of correcting such rejected Work.
9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of the
Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity.
Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL
NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public.
The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work
and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties.
Standard Construction Contract 2018 08 01 Page 4 of 12
10. Private Property. The Contractor shall not enter upon private property for any purpose
without having previously obtained permission from the City. The Contractor shall be
responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work.
11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to
remove them and deduct the cost of removal from any amount owed to Contractor.
12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to
the Contractor to resume. If the City’s suspension of all or part of the Work causes additional
expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph
shall not be construed as entitling the Contractor to compensation for delays due to inclement
weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the
Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the
Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons:
a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials;
c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City;
Standard Construction Contract 2018 08 01 Page 5 of 12
e. Assignment or work without permission of the City;
f. Abandonment of the work by Contractor;
g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being
completed in the prescribed time.
Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the
expiration of such ten (10) day period unless the City Council shall withdraw its notice of
termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools,
construction equipment and machinery thereon owned by the Contractor and may finish the
Work by whatever methods the City may deem expedient at the Contractor’s expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of
finishing the Work, including compensation for additional managerial and administrative
services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or
fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable
attorney's fees. 15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or
suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due.
16. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless
Standard Construction Contract 2018 08 01 Page 6 of 12
specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract
within the ten (10) days of the Contractor's receipt of payment by the City for undisputed
services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty
payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than
$100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action.
17. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect
employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 18. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and
pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work:
Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit
$500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate
$2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense
Standard Construction Contract 2018 08 01 Page 7 of 12
Comprehensive Automobile Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.) Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial General
Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured.
f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations.
g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City.
i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of
the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein.
l. 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
Standard Construction Contract 2018 08 01 Page 8 of 12
non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City.
m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing.
n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence
of insurance, or to advise Contractor of any deficiencies in such documents and
receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph.
o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified
insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of
Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of
limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company.
Standard Construction Contract 2018 08 01 Page 9 of 12
Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City.
19. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its
agents, contractors and employees, or any negligent or intentional act or omission performed,
taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
20. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also
may use the Information for its purposes. Use of the Information for the purposes of the
project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom.
21. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration
Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden
Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
GENERAL TERMS AND CONDITIONS 24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party.
25. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and
Standard Construction Contract 2018 08 01 Page 10 of 12
regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract.
26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void.
27. Counterparts. This Contract may be executed in multiple counterparts, each of which
shall be considered an original. 28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of
business.
29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Contract and for one (1) year thereafter, without prior written consent
of the former employer in each case.
30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of
the rights or remedies of the City under this Contract.
31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The
entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed
by the parties, unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not
discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration
for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the
Standard Construction Contract 2018 08 01 Page 11 of 12
Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a
nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may
change its address for the service of notice by giving written notice of such change to the
other party, in any manner above specified, 10 days prior to the effective date of such change. 35. Rights and Remedies. The duties and obligations imposed by this Contract and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City.
37. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract.
38. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government
Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those
requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language.
Standard Construction Contract 2018 08 01 Page 12 of 12
39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________________
Mayor ___________________________________ City Manager
CONTRACTOR
By: ________________________________ Its: ________________________________
Proposal No:
2021063-0
Date: 2/4/2021 Page: 1 of 3
To: City of Eden Prairie Job Site: City of Eden Prairie
Paul Schlueter 15150 Technology Drive
15150 Technology Drive Eden Prairie, MN 55344-
Eden Prairie, MN 55344- Ph: (952) 294-5936Fax:
Ph: (952) 294-5936 Fax: Salesman: Dave Davenport
Email: pschlueter@edenprairie.org
Job Description: Install Rotary Supplied Vrex 80-32F
__________________________________________________________________________________________________________
Installation (Labor & Material)
Seq Description
1. Excavating for recessed pit. Sawcut and breakout concrete 13’ by 36’.
2. Trench to the wall to Run PVC chase pipe for hydraulic service lines and air lines for multi-locks to each lowering leg
location and power unit.
3. Form and pour pits.
4. Unpack, assemble runways and components.
5. Set all (4) base plates (Do Not Anchor). Shoot elevations in several places along the base plate outline.
6. Place full contact shims, if necessary.
7. Use a chalk line for centering platforms and lowering in with (2) fork lifts for stability.
8. Once in place anchor lowering legs.
9. Set control panel.
10. Install rolling bridge jacks and LED light kit.
Electrical Scope of Work:
1. Run 1” conduit from breaker panel to new hoist location.
2. Install 60-amp 3 phase local disconnect.
3. Run seal-tight from local disconnect to hoist control cabinet.
4. Install 60-amp 3 phase circuit breaker.
5. Pull and terminate new hoist circuit.
6. Install 4 – 1” underground conduits from control cabinet to hoist.
7. Pull and terminate sensor cables.
8. Pull and terminate lighting power.
Total Consideration
$42,302.65
Total Amount
Fueling Systems - Electronic Gauging &
Inventory Controls - Fiberglass Tanks & Pipe
Line Testing - Tank Testing
Self-Serv Equipment - Compressors
Auto Lifts & Parts - Service Station Pumps
Card Control Systems - Canopies
Main Office - 11303 Excelsior Blvd. - Hopkins, MN 55343
Phone: (952)933-4800 - Fax: (952) 939-0418
www.pump-meter.com
Email: pump-meter@pump-meter.com
Bejin Pump Service - A division of Pump & Meter Service, Inc.
3497 129th Street - Chippewa Falls, WI 54729
Phone: (715)723-8223 - Fax: (715)723-7242
Duluth Branch
Phone: (218)389-6359 - Fax: (218) 389-6359
SERVICE SALES INSTALLATION Pump and Meter Service, Inc.
Proposal No:
2021063-0
Date: 2/4/2021 Page: 2 of 3
Work Scope Exclusions
Description
* Any underground obstructions encountered such as rock, water, frost, utilities, or excessive caving requiring shoring, would be extra
to this proposal and handled on a time and material basis.
* Scissor lift by owner.
* Proposal does not include prevailing wage rates and is figured with our normal hourly labor rate.
* Assumes concrete is 8” thick.
* Concrete coloring/painting not included.
* In floor heat will be the reasonability of the city, we are not responsible for repairing, if damaged.
Terms
Payment to be made as follows:
Equipment invoiced upon receipt from factory. Installation invoiced in partial progress billings. Net 30 days all invoices, no retainage.
A finance charge of 1.5% per month (18.0% per annum) will be applied to unpaid balance after 30 days.
Payments made by credit card over $1,500.00 will be subject to a 2.6% processing fee.
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices.
Authorized Signature:
Dave Davenport
Note: This proposal may be with-
drawn by us if not accepted within
30
Days Prepared by: J. Mcfarlin
Acceptance Of Proposal The above prices, specifications and conditions, including the terms on the reverse side, are satisfactory and are hereby
accepted. You are authorized to do the work as specified. Payment will be made as outlined above.
Owner of Job Site: Signature:
Owner Tenant Other
Date of Acceptance: Title:
Fueling Systems - Electronic Gauging &
Inventory Controls - Fiberglass Tanks & Pipe
Line Testing - Tank Testing
Self-Serv Equipment - Compressors
Auto Lifts & Parts - Service Station Pumps
Card Control Systems - Canopies
Main Office - 11303 Excelsior Blvd. - Hopkins, MN 55343
Phone: (952)933-4800 - Fax: (952) 939-0418
www.pump-meter.com
Email: pump-meter@pump-meter.com
Bejin Pump Service - A division of Pump & Meter Service, Inc.
3497 129th Street - Chippewa Falls, WI 54729
Phone: (715)723-8223 - Fax: (715)723-7242
Duluth Branch
Phone: (218)389-6359 - Fax: (218) 389-6359
SERVICE SALES INSTALLATION Pump and Meter Service, Inc.
Proposal No:
2021063-0
Date: 2/4/2021 Page: 3 of 3
1. The Owner/Client hereby warrants and represents to PMSI that he/she has the authority to enter into this Contract and that every person, firm and entity
either having an interest in the real property defined herein as the Job Site and whose consent to the Job is required is aware of this Contract and all
matters contemplated hereby and has consented thereto.
2. Delay. If the job is delayed or postponed due to floods, explosions, strikes, storms, terrorism or other acts of God through no fault of PMSI, Owner/Client
shall pay, in addition to the Contract Price, any and all increases in the cost of labor and materials in excess of those in effect on the date of this contract.
3. Liens. PLEASE TAKE NOTICE THAT:
o ANY PERSONS OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY
MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE
CONTRIBUTIONS.
o UNDER MINNESOTA LAW YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIAL FOR THIS
IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE
AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU
A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIALS FOR THE IMPROVEMENT AND
WHO GAVE YOU TIMELY NOTICE.
4. Indemnification. Owner/Client shall indemnify, defend and hold harmless PMSI or any of PMSI's subcontractors from and against any and all claims,
damages, losses, and expenses (including attorney's fees) arising out of or resulting from the performance of this contract and related construction
project, which are caused in full or in part by or arise from any negligent act(s) or omission(s) of Owner/Client to the fullest extent permitted by law.
5. Insurance. The Owner/Client shall purchase and maintain general liability, fire, theft, and casualty insurance, including vandalism to cover the materials,
personal property and improvements, and PMSI's operations during the job at the job site. Any loss or damage incurred or suffered by the Owner/Client
which arises out of or relates, in any way to PMSI's performance of the job, and whether covered by insurance or not, shall be the sole responsibility of the
Owner/Client. PMSI shall maintain liability and workers' compensation insurance in the amount required by law or deemed adequate by PMSI.
6. Underground Tank. Upon notification by PMSI, Owner/Client shall be responsible for filling all underground storage tanks with product, or if product is
unavailable, water immediately upon PMSI’s placement of tanks into excavations. The Owner/Client shall be responsible for any and all damages and
losses that may occur due to floating or unstable tanks, if the tanks are not tilled as requested.
7. Additional Work or Work Stoppage. If any governmental body or agency requires any other work completed in addition to the contracted job,
Owner/Client must pay the cost of such other work in an amount equal to the costs incurred by PMSI plus overhead. If a stop work order is issued, PMSI
may remove its equipment from the Job Site. Additional charges will be added to the contract if the Job is recommenced.
8. Contaminated Soils or Environmental Clean-up. Any costs generated during underground excavation for environmental clean-up, site assessments,
consulting fees, disposal of contaminated soil, etc., are the sole responsibility of the Owner/Client, unless specifically stated otherwise in our proposal.
9. Underground Hazards. Any underground obstructions encountered, such as bed rock, water, frost, foundations, non-locatable underground utility lines or
excessive caving requiring shoring are not covered, unless specifically agreed to in our proposal.
10. Partial Completion. If the job is terminated or postponed for reasons including but not limited to the above and which are not attributable solely to
PMSI, the Owner/Client shall pay to PMSI that portion of the Contract Price representing the percentage of the Job completed upon termination or
postponement.
11. Terms of Payment. Net thirty (30) days unless otherwise stated on Contract. By signing this Contract, the Owner/Client agrees to pay on
demand all costs and expenses including legal fees and out-of-pocket expenses incurred in connection with the collection of amounts due under this
contract. Interest will be added to unpaid balance at the rate of 1.5% per month (18% per year).
12. Warranty Exclusions and Liability Limitation. Owner/Client agrees that it has selected each item of equipment based on its own judgment and hereby
disclaims any reliance on statements or representations made by PMSI. PMSI MAKES NO WARRANTY WITH RESPECT TO THE EQUIPMENT,
EXPRESS OR IMPLIED, EXCEPT FOR ANY MANUFACTURER’S WARRANTY WHICH SHALL PASS THROUGH TO OWNER/CLIENT AND
PMSI EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. Any
Equipment sold hereunder and not covered by a manufacturer’s warranty is accepted by Owner/Client “AS-IS, Where-IS,” and “with all faults.” PMSI
further disclaims and Owner/Client waives any claim for consequential damages arising out of the use of or inability to use the Equipment. PMSI’s
liability hereunder for any claim alleged by Owner/Client shall be expressly limited to a measure of damages equivalent to Owner/Client’s return of
Equipment sold hereunder and PMSI’s refund to Owner/Client of the purchase price. Owner/Client agrees that the damages referred to in the preceding
sentence shall be its sole and exclusive remedy for any breach or negligence of PMSI. Owner/Client hereby waives and releases PMSI from any and all
liability whatsoever relating to Equipment failure or nonperformance caused by or resulting from software or programming issues. In the event any legal
action is commenced regarding this contract and the work related thereto, PMSI shall be entitled to recover its attorney’s fees and costs from
Owner/Client.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 16, 2021
DEPARTMENT/DIVISION:
Rick Wahlen
Public Works/Utilities
ITEM DESCRIPTION:
Approve Standard Agreement for Contract Services with Parrott Contracting, Inc. for Water, Sewer, and Stormwater Utility Repairs
ITEM NO.:
VIII.I.
Requested Action
Move to: Approve the Standard Agreement for contract Services with Parrott Contracting, Inc. for Water and Sewer Utility Leak Repairs in the amount of $173,500.
Synopsis
This contract provides for the emergency repair of public water, sewer, and stormwater underground utilities. The annual contract is an estimated maximum amount, and actual costs will be billed on a time-and-material basis.
Background Information
Eden Prairie’s underground utilities require periodic excavation and repair. This contract provides for short-notice, emergency repair needs that occasionally occur without notice. The agreement with Parrott Contracting is the larger contract of two council-approved agreements,
because most of our repairs do not require large crews or special coordination. Parrott Contracting is a small two-person work crew, and their flexibility at responding to these more frequent smaller repairs coupled with their demonstrated record of knowledge and performance make them an ideal repair partner. Parrott will be notified to perform work on an as-needed basis using Exhibit A to the agreement.
All costs accumulated within this agreement will be paid from the water utility enterprise operations and maintenance fund.
Attachments
Attach – 1 Agreement Attach – 2 Exhibit A, Work Order Attach – 3 Exhibit B, Rate Schedule
2017 06 01
Agreement for Contract Services
This Agreement (“Agreement”) is made on the _16th_day of_February_, 20_21_, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Parrott Contracting, Inc._, a Minnesota _corporation_(hereinafter "Contractor") whose business address is_30090 State Highway 93,
Henderson, MN 56044_.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a
variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for _Water, Sewer, and Stormwater Utility Repairs_ hereinafter referred to as the "Work".
The City and Contractor agree as follows:
1. Scope of Work. The Contractor agrees to provide, perform and complete water and sewer utility leak repairs as requested by the City. The services are described in the City’s “Standard Detail Specifications for Sanitary and Storm Sewer and Watermain Systems; Excavation, Installation, and Restoration Procedures” (latest revision) and the City’s
“Standard Detail Specifications for Water Main Systems” (latest revision) (collectively the “Specifications”) which are available upon request from the Manager of Utility Operations or from the city website. All Work shall be performed by Contractor pursuant to a work order (“Work Order”) issued by the City. Each Work Order shall be in the form attached hereto as
Exhibit A and shall specify the Work to be completed and date by which it must be completed. All Work shall be performed pursuant to the applicable Work Order and Specifications and shall be subject to the terms and conditions of this Agreement. No Work shall be performed by the Contactor until it has received a Work Order from the City. Any
Contractor’s proposal and/or general conditions are not a part of this Agreement.
2. Effective Date and Term of Agreement. This Agreement shall become effective as of _February_ _16_, 20_21_. The Agreement shall continue for two (2) years thereafter
unless terminated earlier as provided herein. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A.
b. Contractor’s personnel must be neat appearing and abide by the City’s no smoking policies.
c. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the
Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 10
necessary image or attitude, in the judgment of the owner, to present a first class operation.
d. Contractor shall ensure all repair methods follow AWWA standards of water main health safeguards, including ANSI/AWWA Standard 600-606, AWWA Standard C651-14, and the most recent version of the Ten States Standards for Water Works.
4. City’s Obligations. City will do or provide to Contractor the following:
a. Provide access to City properties as appropriate.
b. Provide City employees to isolate water mains and operate the system. c. Provide for the trucking of removed spoil material and the supply of new fill material unless otherwise specified in the Work Order.
d. City will provide Hydrovac support when available and specified in the Work Order. e. City may provide traffic control per the Work Order instructions.
5. Compensation for Services. City agrees to pay the Contractor hourly at the rates set forth in the rate schedule attached as Exhibit B with total payments made in each one year period not to exceed $173,500 as full and complete payment for the labor, materials and services
rendered pursuant to this Agreement. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices
setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include
the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.”
Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 10
c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City of
the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City.
8. Standard of Care . Contractor shall exercise the same degree of care, skill and diligence in
the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the
fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably
foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance.
a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall
include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work: Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit $500,000 disease each employee
Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations
Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense
Comprehensive Automobile
Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 10
Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.)
Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors.
d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available.
e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City.
i. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the
Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the
coverages required herein. l. 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.
Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 10
m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do
business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing.
n. A copy of the Contractor’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence
of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph.
o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that
this indemnity shall be construed and applied in favor of indemnification. Contractor
also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of
limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company.
Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City.
Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 10
10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative
to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or
employees.
11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the
Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity.
Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or
nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any
damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of
removing the defective or nonconforming Work and materials from the site, (b) the cost of
correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other
Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties.
12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or
non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The
Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 10
notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate.
b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises
any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such
termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive
termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any
proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall
terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall
deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be
construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the
American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden
Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 10
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the
provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The
violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original.
19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business.
20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written
consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection
with the enforcement by the City during the term of this Agreement or thereafter of any
of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is
in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as
well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein.
23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 10
24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race,
color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive
consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects
of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address
listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may
change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies . The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Contractor not
specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is,
for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions.
a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to
Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 10
be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government
data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with
those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act
compliance language.
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE __________________________________ Mayor
___________________________________ City Manager
CONTRACTOR
By: ________________________________ Its: _______________________________
Exhibit A
Utility Repair Contractor Work Order
For Standard Agreement for Contract Services between Parrott Contracting, Inc.
and the City of Eden Prairie dated 16 February, 2021
Address / Location of Repair
Date Issued Time Issued
Complete by date/time Water Storm Sewer
Description of Repair
Contractor Contact Contractor Contact Phone
City Contact City Contact Phone
City Obligations Contractor Responsibilities
Traffic control Excavator
Pavement and curb saw cuts Trench Box
Dump with operator Compactor
Water isolation and turn-on Skid-Steer
Repair parts Traffic Control
Fill material per city spec Repair parts per city spec
Street surface restoration Asphalt replacement
Curb restoration Concrete replacement
Turf restoration Turf restoration
Permits by City Contractor
Locates by City Contractor
Easement access City Contractor
Notes
EXHIBIT B
2021-2022 EQUIPMENT AND LABOR RATE SHEET
PARROTT CONTRACTING, INC.
Rates with Operator Unit Price Unit
200 Excavator 220$ HR
130 Excavator 185$ HR
Hydraulic Compactor 300$ DA
Trench Box 245$ DA
Mobilization 162$ HR*
Skid Loader 148$ HR
Service Truck with Tools 220$ DA
Tri-Axle 108$ HR
Dozer 700 John Deere 165$ HR
Dozer 850 Case 160$ HR
Laborer 106$ HR
Overtime 53$ HR/PERSON
Double Time (Sundays & Holidays)106$ HR/PERSON
Note: Mobilization is charged for the amount of time it takes
to transport personnel & equipment to the job site (One-Way only).
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
February 16, 2021
DEPARTMENT/DIVISION:
Rick Wahlen
Public Works/Utilities
ITEM DESCRIPTION:
Approve Standard Agreement for Contract Services with Valley Rich Company, Inc. for Water, Sewer, and Stormwater Utility Repairs
ITEM NO.:
VIII.J.
Requested Action
Move to: Approve the Standard Agreement for contract Services with Valley Rich Company, Inc. for Water, Sewer, and Stormwater Utility Repairs in the amount of $150,000.
Synopsis
This contract provides for the emergency repair of public water, sewer, and stormwater underground utilities. The annual contract is an estimated maximum amount, and actual costs will be billed on a time-and-material basis.
Background Information
Eden Prairie’s water, sewer, and stormwater systems require emergency excavation and repair at times, and this contract provides for these services. Valley Rich is our contractor who performs our larger, more complicated repair projects, and does repairs in major traffic locations requiring
more resources and coordination. Valley Rich will be notified to perform work on an as-needed basis using Exhibit A to the agreement.
All costs accumulated within this agreement will be paid from the water utility enterprise
operations and maintenance fund.
Attachments
Attach – 1 Agreement
Attach – 2 Exhibit A, Work Order
Attach – 3 Exhibit B, Rate Schedule
2017 06 01
Agreement for Contract Services
This Agreement (“Agreement”) is made on the _16th_day of_February_, 20_21_, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Valley Rich Company, Inc._, a Minnesota
_corporation_(hereinafter "Contractor") whose business address is_147 North Jonathan
Boulevard No. 4, Chaska, MN 55318_. Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide a
variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for _Water, Sewer, and Stormwater Utility Repairs_ hereinafter referred to as the "Work".
The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete water and sewer
utility leak repairs as requested by the City. The services are described in the City’s
“Standard Detail Specifications for Sanitary and Storm Sewer and Watermain Systems; Excavation, Installation, and Restoration Procedures” (latest revision) and the City’s “Standard Detail Specifications for Water Main Systems” (latest revision) (collectively the “Specifications”) which are available upon request from the Manager of Utility Operations or
from the city website. All Work shall be performed by Contractor pursuant to a work order
(“Work Order”) issued by the City. Each Work Order shall be in the form attached hereto as Exhibit A and shall specify the Work to be completed and date by which it must be completed. All Work shall be performed pursuant to the applicable Work Order and Specifications and shall be subject to the terms and conditions of this Agreement. No Work
shall be performed by the Contactor until it has received a Work Order from the City. Any
Contractor’s proposal and/or general conditions are not a part of this Agreement. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of _February_ _16_, 20_21_. The Agreement shall continue for two (2) years thereafter
unless terminated earlier as provided herein. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor’s personnel must be neat appearing and abide by the City’s no smoking
policies. c. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the
Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 10
necessary image or attitude, in the judgment of the owner, to present a first class
operation.
d. Contractor shall ensure all repair methods follow AWWA standards of water main health safeguards, including ANSI/AWWA Standard 600-606, AWWA Standard C651-14, and the most recent version of the Ten States Standards for Water Works.
4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate.
b. Provide City employees to isolate water mains and operate the system.
c. Provide for the trucking of removed spoil material and the supply of new fill material unless otherwise specified in the Work Order.
d. City will provide Hydrovac support when available and specified in the Work Order.
e. City may provide traffic control per the Work Order instructions. 5. Compensation for Services. City agrees to pay the Contractor hourly at the rates set forth in
the rate schedule attached as Exhibit B with total payments made in each one year period not
to exceed $150,000 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement. a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay.
6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City.
b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.”
Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 10
c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid.
7. Project Manager. The Contractor shall designated a Project Manager and notify the City of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the
Project Manager without the approval of the City.
8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the
fullest extent permitted under applicable law, without limitation, for any injuries, loss, or
damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for
costs, delays or damages arising from unreasonable delays in the performance of its duties.
9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of
operations by Contractor or by any subcontractor or by anyone employed by any of
them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law.
b. Contractor shall procure and maintain the following minimum insurance coverages
and limits of liability for the Work: Worker’s Compensation Statutory Limits
Employer’s Liability $500,000 each accident
$500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily
Liability injury per occurrence
$2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense
Comprehensive Automobile
Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 10
Liability $1,000,000 combined single limit each accident
(shall include coverage for all owned, hired and
non-owed vehicles.) Umbrella or Excess Liability $1,000,000
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial General
Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured.
f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations.
g. All polices shall contain a waiver of subrogation in favor of the City.
h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City.
i. All polices, except the Worker’s Compensation Policy, shall insure the defense and
indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance
of the Work.
k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. 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.
Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 10
m. Contractor shall maintain in effect all insurance coverages required under this
Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing.
n. A copy of the Contractor’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and
receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s
right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that
this indemnity shall be construed and applied in favor of indemnification. Contractor
also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City.
Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 10
10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed,
taken or not performed or taken by Contractor, its agents, contractors and employees, relative
to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees.
11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under
the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other
remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10)
calendar days after receiving written notice and without expense to the City, to repair, replace
and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD.
The Contractor agrees to perform the Work in a manner and at a time so as to minimize any
damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of
removing the defective or nonconforming Work and materials from the site, (b) the cost of
correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials.
The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following.
The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The
Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 10
notified party shall have five (5) days from the date of such notice to cure the breach
or non-performance. Upon failure of the notified party to do so, this Agreement shall
automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the
right, within a reasonable time after such termination to remove from City’s premises
any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive
termination of this Agreement.
c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant,
attachment, levy or similar process involving Contractor, City may, at its option in
addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective.
13. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of
equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be
construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement
shall be subject to mediation as a condition precedent to initiating arbitration or legal or
equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable
action may be instituted for a period of 90 days from the filing of the request for mediation
unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 10
GENERAL TERMS AND CONDITIONS
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party.
16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of
this Agreement and entitle the City to immediately terminate this Agreement.
17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void.
18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to
termination of this Agreement and for one (1) year thereafter, without prior written
consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection
with the enforcement by the City during the term of this Agreement or thereafter of any
of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted,
and applied pursuant to and in conformance with the City's public purpose mission. The
entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly
signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 10
24. Non-Discrimination. During the performance of this Agreement, the Contractor shall
not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision
of this non-discrimination clause and stating that all qualified applicants will receive
consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects
of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the
Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally
to an officer of the party, or if mailed in a sealed wrapper by United States registered or
certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is
given by mail or deposit, that the time for response to any notice by the other party shall
commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change.
26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
27. Services Not Provided For. No claim for services furnished by the Contractor not
specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such
decision shall not affect the remaining provisions of this Agreement.
29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a
period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to
Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 10
be kept confidential, shall not be made available to any individual or organization without
the City's prior written approval. This Agreement is subject to the Minnesota Government
Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is
subject to the requirements of the Data Practice Act and Contractor shall comply with
those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language.
30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement
shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
__________________________________
Mayor ___________________________________ City Manager
CONTRACTOR
By: ________________________________ Its: _______________________________
Exhibit A
Utility Repair Contractor Work Order
For Standard Agreement for Contract Services between Valley Rich Contracting,
Inc. and the City of Eden Prairie dated 16 February 2021
Address / Location of Repair
Date Issued Time Issued
Complete by date/time Water Storm Sewer
Description of Repair
Contractor Contact Contractor Contact Phone
City Contact City Contact Phone
City Obligations Contractor Responsibilities
Traffic control Excavator
Pavement and curb saw cuts Trench Box
Dump with operator Compactor
Water isolation and turn-on Skid-Steer
Repair parts Traffic Control
Fill material per city spec Repair parts per city spec
Street surface restoration Asphalt replacement
Curb restoration Concrete replacement
Turf restoration Turf restoration
Permits by City Contractor
Locates by City Contractor
Easement access City Contractor
Notes
EXHIBIT B
2021-2022 EQUIPMENT AND LABOR RATE SHEET
VALLEY-RICH CO., INC.
Rates with Operator Unit Price Unit Unit Price Unit
Excavators:Earth Movers:
Mini Excavator 158$ HR Track Skid Steer 168$ HR
1/4 Yard Excavator 155$ HR Front End Loader 178$ HR
7/8 Yard Excavator 168$ HR Dozer 178$ HR
7/8 Yard Excavator w/Attachments 211$ DA
Plus Breaker Attachment (Flat Fee)350$ DA Compaction:
Plus Tamper Attachment (Flat Fee)250$ DA Small Hand Tamper 100$ DA
Plus Auger Attachment (Flat Fee)350$ DA Large Plate Tamper 150$ DA
1-1/8 Yard Excavator 205$ HR Electric Hand Tamper 150$ DA
1-1/2 Yard Excavator 225$ HR Walk Behind Drum Tamper 200$ DA
1-3/4 Yard Excavator 255$ HR Riding Compactor 168$ HR
Green Machine E-210 - Electric 168$ HR
Green Machine E-240 - Electric 181$ HR Other Services:
Green Machine E-240 w/ Generator 223$ HR Labor 127$ HR
Overtime 63.50$ HR/PERSON
Tractors:Double Time 127$ HR/PERSON
Tractor Backhoe 163$ HR Sewer Televising 188$ HR
Tractor Backhoe w/ Attachments 183$ HR Pneumatic Gopher, 4"-24" Pipe Borings Call
Plus Breaker (Flat Fee)300$ DA Mobilization - Lowboy Rate 173$ HR
Plus Tamper (Flat Fee)250$ DA Trench Box (Flat Fee)280$ DA
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE: February 16, 2021
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 279805 - 280414
Wire Transfers 1027139 - 1027256
Wire Transfers 8066 - 8080
City of Eden Prairie
Council Check Summary
2/16/2021
Division Amount Division Amount
000 General 110,302 308 E-911 23,636
100 City Manager 9,472 315 Economic Development 194,889
101 Legislative 23,513 509 CIP Fund 4,224
102 Legal Counsel 47,985 512 CIP Trails 271
110 City Clerk 890 513 CIP Pavement Management 261,994
111 Customer Service 2,895 522 Improvement Projects 2006 108,612
112 Human Resources 385 527 CIP - Leasing Costs 2,605
113 Communications 4,029 528 Shady Oak Rd-CR 61 North 20,083
114 Benefits & Training 1,306 532 EP Road Connect Flying Cloud 74,643
130 Assessing 105 536 General LRT 52,406
131 Finance 384 539 2020 Improvement Projects 831
132 Housing and Community Services 16 804 100 Year History 85
133 Planning 26 Total Capital Projects Fund 744,277
136 Public Safety Communications 1,319
137 Economic Development -1,084 601 Prairie Village Liquor 79,469
151 Park Maintenance 23,434 602 Den Road Liquor 156,241
154 Community Center 7,101 603 Prairie View Liquor 92,013
156 Youth Programs 1,680 605 Den Road Building 3,308
157 Special Events 360 701 Water Enterprise Fund 157,071
158 Senior Center 60 702 Wastewater Enterprise Fund 27,119
159 Recreation Administration 3,379 703 Stormwater Enterprise Fund 17,449
162 Arts 1,542 Total Enterprise Fund 532,669
163 Outdoor Center 1,233
168 Arts Center 1,808 802 494 Commuter Services 22,478
180 Police Sworn 49,227 807 Benefits Fund 859,343
184 Fire 25,973 809 Investment Fund 4,012
186 Inspections 239 812 Fleet Internal Service 252,492
200 Engineering 4,111 813 IT Internal Service 118,915
201 Street Maintenance 45,549 815 Facilites Operating ISF 60,444
202 Street Lighting 66,198 816 Facilites City Center ISF 74,125Total General Fund 433,438 817 Facilites Comm. Center ISF 67,774Total Internal Svc/Agency Funds 1,459,583
301 CDBG 9,382303Cemetary Operation 20 Report Total 3,179,368
Total Special Revenue Fund 9,402
City of Eden Prairie
Council Check Register by GL
2/16/2021
Check #Amount Supplier / Explanation Account Description Business Unit Comments
8070 319,491 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Premiums February 2021
8077 273,376 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxed PR Ending 01.29.21
279875 255,167 BKJ LAND COMPANY Improvement Contracts CIP Pavement Management Deerfield Trail Reconstruction Proj.
8075 189,924 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 01.15.21279885185,820 COMMERCIAL PARTNERS TITLE LLC Accounts Receivable Economic Development Fund TOD grant Trail Pointe Ridge/Smith village
1027243 115,057 MTI DISTRIBUTING INC Machinery & Equipment Fleet - Park & Rec New Toro Mower
280176 111,938 ANCOM COMMUNICATIONS INC Capital Under $25,000 General Fixed Asset Account Gr Fire Microwave Project - install/Svc
279902 104,021 EUREKA CONSTRUCTION INC Improvement Contracts Improvement Projects 2006 Preserve Blvd Reconstruction
280218 92,468 I-STATE TRUCK CENTER Autos Fleet - Public Works102718466,818 LOGIS Network Support IT Operating
1027199 66,057 XCEL ENERGY Electric Miller Park
1027255 65,362 XCEL ENERGY Electric Street Lighting
8066 58,359 USB-PURCHASING CARD Licenses, Taxes, Fees Park Maintenance
280200 54,412 EDSTROM DEAN AND KAREN Right of Way & Easement EP Rd Connect to Flying Cloud27992352,406 METRO TRANSIT Other Contracted Services General LRT
1027183 49,277 GREGERSON ROSOW JOHNSON & NILAN LTD Legal EP Rd Connect to Flying Cloud
280268 38,683 MN DNR ECOLOGICAL AND WATER RESOURCES Licenses, Taxes, Fees Utility Operations - General
279879 34,480 CARGILL INC Salt Snow & Ice Control
1027224 33,596 ADVANCED ENGINEERING & ENVIRONMENTAL SE Equipment Repair & Maint Water Capital807927,832 EMPOWER Deferred Compensation Health and Benefits
280174 26,114 ABM ONSITE SERVICES-MIDWEST Janitor Service City Hall (City Cost)
279945 25,000 SOJOURNER PROJECT INC.Other Contracted Services Police Sworn
1027229 23,007 ESRI Software Maintenance IT Operating
1027175 22,965 CENTERPOINT ENERGY Gas Edenvale Park28021722,512 INDEPENDENT EMERGENCY SERVICES LLC Equipment Repair & Maint E-911 Program
280251 21,969 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Other Contracted Services Public Safety Training Facilit
280139 21,848 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
279937 21,785 PRESCRIPTION LANDSCAPE Contract Svcs - Snow Removal Fire Station #1
8078 21,591 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits28026120,083 TRAFFIC CONTROL CORPORATION Other Contracted Services Shady Oak Rd-CR 61 North
280199 20,000 EDSTROM DEAN AND KAREN Right of Way & Easement EP Rd Connect to Flying Cloud
279839 19,177 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
280118 18,107 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
1027228 17,594 DIVERSE BUILDING MAINTENANCE Janitor Service Maintenance Facility28022617,452 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
8068 16,700 FURTHER - AKA SELECT HSA - Employee Health and Benefits
1027176 14,131 DIVERSE BUILDING MAINTENANCE Janitor Service Prairie View Liquor Store
279847 13,858 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
280130 12,645 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
280148 12,271 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
1027163 11,314 CUTTING EDGE PROPERTY MAINTENANCE INC Contract Svcs - Snow Removal Arts Center
279941 11,230 SEECLICKFIX INC Software Maintenance IT Operating
8080 10,731 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission
280252 10,537 SOUTHWEST SUBURBAN CABLE COMMISSION Dues & Subscriptions City Council
1027190 10,300 NOVOTX LLC Software Maintenance IT Operating
280163 10,268 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
279817 10,245 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
280131 9,274 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
8073 9,120 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting
279866 9,012 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
1027188 8,537 MITY-LITE INC Capital Under $25,000 FF&E - Furn, Fixtures & Equip.
279874 8,415 BASELINE INC Other Contracted Services Park Maintenance
1027246 8,125 POMP'S TIRE SERVICE INC Tires Fleet Operating
279831 7,711 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
279823 7,405 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
280125 7,146 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store2798446,945 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
279947 6,826 STANDARD SIDEWALK INC.Improvement Contracts CIP Pavement Management
1027234 6,665 HANSEN THORP PELLINEN OLSON Design & Engineering General Fixed Asset Account Gr
1027194 6,599 STREICHERS Training Supplies Police Sworn
1027222 6,581 WENCK ASSOCIATES INC OCS - Studies Stormwater Capital2802375,669 NATIONAL LEAGUE OF CITIES Dues & Subscriptions City Council
1027242 5,576 METRO SALES INCORPORATED*Other Rentals IT Operating
279854 5,354 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
280264 5,269 UNITED STATES CONFERENCE OF MAYORS, THE Dues & Subscriptions City Council
280109 5,245 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store2799545,191 VAISALA Software Maintenance IT Operating
279860 5,148 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
280170 4,944 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
279905 4,879 GRAYMONT Treatment Chemicals Water Treatment
280207 4,862 GRAYMONT Treatment Chemicals Water Treatment2799084,852 HEALTHPARTNERS Deposits 494 Corridor Commission
1027171 4,631 WENCK ASSOCIATES INC Design & Engineering Stormwater Capital
1027211 4,538 BRAUN INTERTEC CORPORATION Design & Engineering Water Capital
1027249 4,401 SENIOR COMMUNITY SERVICES Other Contracted Services CDBG - Public Service
280117 4,342 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store2798384,264 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
280110 4,236 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
279830 4,168 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
1027250 4,125 ST CROIX ENVIRONMENTAL INC Design & Engineering Water Capital
279809 4,117 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store2798084,061 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
1027236 4,053 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance
8071 4,012 PFM ASSET MANAGEMENT LLC Interest Investment Fund
279939 4,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications
279893 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund2801943,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund
279944 3,973 SMSC ENTERPRISES Other Contracted Services Yard Waste Site
280180 3,890 BIRCH CONSTRUCTION LLC Other Contracted Services Rehab
280144 3,870 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
280183 3,700 CASTRO CLEANING LLC Janitor Service Utility Operations - General
279853 3,693 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
279816 3,614 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
280178 3,503 BADGER STATE INSPECTION LLC Deposits Water Enterprise Fund
280145 3,474 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
280154 3,451 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
280138 3,422 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
279864 3,347 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
279849 3,215 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
8069 3,214 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
Check #Amount Supplier / Explanation Account Description Business Unit Comments
280259 3,180 THE ADVENT GROUP Temp 494 Corridor Commission
1027192 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells)
279913 2,971 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting
1027251 2,946 STREICHERS Clothing & Uniforms Police Sworn
280189 2,900 COMMERCIAL REFRIGERATION SYSTEMS INC Repair & Maint - Ice Rink Ice Arena Maintenance
280128 2,853 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
280122 2,844 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
1027235 2,840 HAWKINS INC Treatment Chemicals Water Treatment2801852,572 CENTURYLINK Telephone City Center - CAM
280156 2,550 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
280155 2,534 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
1027160 2,500 CLAREY'S SAFETY EQUIPMENT EMS Supplies Fire
279907 2,431 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF2801682,417 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
1027177 2,346 DLT SOLUTIONS INC.Software Maintenance IT Operating
279868 2,337 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
280243 2,324 RHOMAR INDUSTRIES, INC.Lubricants & Additives Fleet Operating
1027207 2,300 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store2799212,247 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating
1027180 2,196 GENUINE PARTS COMPANY Equipment Repair & Maint Fleet Operating
1027212 2,174 CLAREY'S SAFETY EQUIPMENT EMS Supplies Fire
279942 2,161 SELTZ JOEL Other Contracted Services Improvement Projects 2006
279870 2,160 ANDERSON EMILY Training Fire2802032,159 ERICKSON ENGINEERING COMPANY LLC Design & Engineering Engineering
279821 2,126 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
279859 2,101 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
279894 2,095 DG CENTRAL 1 LLC Electric Facilities Operating ISF
279851 2,094 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store2801922,027 COREMARK METALS Repair & Maint. Supplies Traffic Signs
279882 2,000 CITY OF EDEN PRAIRIE Dues & Subscriptions Fire
279914 1,995 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
280107 1,979 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
280169 1,876 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store10271501,869 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
279950 1,868 STONEWOOD CORPORATION Other Contracted Services Improvement Projects 2006
280175 1,749 AIRGAS USA LLC Supplies - Pool Pool Maintenance
280123 1,705 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
279843 1,703 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store2798281,640 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
1027152 1,577 VINOCOPIA Liquor Product Received Den Road Liquor Store
280132 1,575 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
279934 1,567 PERA Deposits 494 Corridor Commission
280105 1,567 PERA Wages and Benefits 494 Corridor Commission
1027198 1,532 WALL TRENDS INC Contract Svcs - General Bldg Maintenance Facility
1027202 1,522 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
8067 1,521 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits
280162 1,513 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
280191 1,506 CORE & MAIN Repair & Maint. Supplies Water Distribution
280204 1,500 FAIRWAY WOODS HOMEOWNERS ASSOCIATION Rebates Stormwater Non-Capital
280260 1,500 THE PRESERVE ASSOCIATION Rebates Stormwater Non-Capital
279899 1,497 EDUCATION AND TRAINING SERVICES Conference/Training Utility Operations - General
280224 1,495 LAVAN FLOOR COVERING Contract Svcs - General Bldg Senior Center
Check #Amount Supplier / Explanation Account Description Business Unit Comments
280133 1,462 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
280197 1,406 EARL F ANDERSEN INC Signs Traffic Signs
280198 1,405 EDEN PRAIRIE CHAMBER OF COMMERCE Dues & Subscriptions City Council
280193 1,400 CRAIG RAPP, LLC Dues & Subscriptions Administration
1027173 1,358 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating
1027155 1,340 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
280135 1,335 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
1027168 1,334 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM2801141,322 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
280236 1,313 NATIONAL BUSINESS FURNITURE Operating Supplies Fire
279946 1,268 SPEEDPRO IMAGING INC Operating Supplies Ice Operations
279901 1,266 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet Operating
279876 1,245 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn10271851,180 MCNEILUS STEEL INC Repair & Maint. Supplies Utility Operations - General
1027210 1,157 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
1027148 1,130 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
1027153 1,112 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
1027172 1,109 YOUNGSTEDTS COLLISION CENTER Equipment Parts Fleet Operating2802491,100 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal
1027162 1,084 CUSTOM HOSE TECH Equipment Parts Fleet Operating
1027254 1,045 WALL TRENDS INC Contract Svcs - General Bldg Building 51
1027217 1,044 HIRSHFIELD'S Supplies - General Bldg Maintenance Facility
279834 1,038 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store2799111,026 HIRSHFIELDS PAINT MANUFACTURING Operating Supplies Park Maintenance
280159 1,000 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
1027231 996 GARTNER REFRIGERATION & MFG INC Contract Svcs - Ice Rink Ice Arena Maintenance
279836 940 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
279877 924 BOUND TREE MEDICAL LLC EMS Supplies Fire280235906NACMaintenance Contracts Water Treatment
280240 893 PAFFY'S PEST CONTROL Contract Svcs - Pest Control General Community Center
1027174 885 BIFFS INC Waste Disposal Utility Operations - General
279810 879 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
279857 874 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store1027186857MENARDSRepair & Maint. Supplies Park Maintenance
279909 853 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint IT Operating
1027240 826 MENARDS Operating Supplies Senior Center
279935 819 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn
279878 813 BROTHERS FIRE PROTECTION Contract Svcs - Fire/Life/Safe General Community Center280173808WINEBOWLiquor Product Received Prairie Village Liquor Store
280266 802 WM CORPORATE SERVICES INC Waste Disposal Park Maintenance
279869 800 ACTIVE 911 INC Dues & Subscriptions IT Operating
280202 798 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating
280258 783 TALKPOINT TECHNOLOGIES INC Equipment Repair & Maint E-911 Program
280186 781 CENTURYLINK Telephone IT Operating
279912 762 HP INC Capital Under $25,000 Engineering
279805 760 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
279826 752 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
279915 741 INTERTECH INC Contract Development IT Operating
279917 716 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment
280215 714 HP INC Computers IT Operating
1027157 699 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
1027166 696 HACH COMPANY Laboratory Chemicals Water Treatment
Check #Amount Supplier / Explanation Account Description Business Unit Comments
280152 695 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
1027205 680 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
280126 658 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
280227 651 MARS SUPPLY Lubricants & Additives Fleet Operating
279938 650 PROP - PR Charitable Contributions Health and Benefits
279895 649 EDEN PRAIRIE CHAMBER OF COMMERCE Dues & Subscriptions Prairie View Liquor Store
279927 643 NATIONAL MARTIAL ARTS ASSOCIATION, INC Instructor Service Lesson Skills Development
280234 638 MUNICODE Other Contracted Services Records Management8076622ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
280157 622 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
280113 617 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store
1027156 611 VINOCOPIA Liquor Product Received Prairie View Liquor Store
8074 601 SAGE PAYMENT SOLUTIONS Bank and Service Charges Wastewater Accounting1027244593NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment
279918 593 JOHNSON FITNESS & WELLNESS Cleaning Supplies General Community Center
280230 586 MINNESOTA AIR INC Supplies - HVAC Park Shelters
279933 580 PAPCO INC Janitor Service General Community Center
1027179 575 FACTORY MOTOR PARTS COMPANY Lubricants & Additives Fleet Operating280017574JOHNSON CHRISTOPHER AR Utility Water Enterprise Fund
279906 565 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
280246 563 SAMPAIR COMPANIES Other Contracted Services Improvement Projects 2006
1027241 549 METRO ELEVATOR INC Building Repair & Maint.Utility Operations - General
280254 546 SPEEDPRO IMAGING INC Operating Supplies Ice Operations1027200543BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
1027170 543 THE OASIS GROUP Employee Assistance Organizational Services
280394 536 SOMASUNDARAM PORUR AR Utility Water Enterprise Fund
279813 536 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
1027223 526 ZEP SALES AND SERVICE Cleaning Supplies Utility Operations - General280112512DOMACE VINO Liquor Product Received Prairie View Liquor Store
1027219 508 METROPOLITAN FORD Equipment Parts Fleet Operating
279932 498 PAFFY'S PEST CONTROL Contract Svcs - Pest Control City Center - CAM
280111 497 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
1027216 484 GREATAMERICA FINANCIAL SVCS Postage Customer Service279832478CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
280134 476 DOMACE VINO Liquor Product Received Den Road Liquor Store
279890 464 DALCO Janitor Service Facilities Operating ISF
279896 464 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
280103 462 PETTY CASH Office Supplies IT Operating279829461BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
1027253 450 VISTAR CORPORATION Merchandise for Resale Concessions
279820 446 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
1027149 439 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
1027203 435 VINOCOPIA Liquor Product Received Den Road Liquor Store
280248 432 SCHERER BROTHERS LUMBER CO Building Materials Park Maintenance
280048 432 NICKOLAUS-JOHNSON KEITH AR Utility Water Enterprise Fund
279886 430 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits
279953 428 UNITED WAY Charitable Contributions Health and Benefits
280158 428 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store
280172 427 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
280386 426 SCHWARTZ ERIC AR Utility Water Enterprise Fund
280245 425 SAFETY VEHICLE SOLUTIONS Equipment Repair & Maint Fire
1027181 412 GRAINGER Repair & Maint. Supplies Water Treatment
Check #Amount Supplier / Explanation Account Description Business Unit Comments
279880 409 CENTURYLINK Telephone Wastewater Lift Station
280299 409 CULLEN DAVID AR Utility Water Enterprise Fund
279970 408 BROWN ROBERT AR Utility Water Enterprise Fund
280407 405 WEDEL ELMER AR Utility Water Enterprise Fund
280141 403 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
280208 403 GS DIRECT Office Supplies Recreation Admin
279997 402 FREDERICKSON SAMUEL AR Utility Water Enterprise Fund
280205 400 FINNLY TECHNOLOGY LLC Other Contracted Services Ice Operations279904391FIRST STATE TIRE RECYCLING Waste Disposal Fleet Operating
280324 390 HIEB TODD AR Utility Water Enterprise Fund
1027209 390 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
279889 388 CUSTOM GLASS & SCREEN Contract Svcs - General Bldg Park Shelters
279827 387 WINEBOW Liquor Product Received Prairie Village Liquor Store279897385EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
280255 383 STAPLES ADVANTAGE Office Supplies Police Sworn
279850 381 WINEBOW Liquor Product Received Den Road Liquor Store
279833 377 DOMACE VINO Liquor Product Received Den Road Liquor Store
280165 374 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store1027239371MCNEILUS STEEL INC Repair & Maint. Supplies Water Distribution
279806 366 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
279852 366 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
1027221 365 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
280108 362 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store280153362BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
280184 357 CBIZ FINANCIAL SOLUTIONS INC Other Contracted Services Health and Benefits
280129 352 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
280239 350 NORTHLAND PETROLEUM SERVICE INC Equipment Testing/Cert.Fleet Operating
279841 340 MEGA BEER Liquor Product Received Den Road Liquor Store279903325FIRE SAFETY USA INC Equipment Parts Fleet Operating
279892 320 DELTA DENTAL Deposits 494 Corridor Commission
280231 317 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Finance
279925 316 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals
1027147 315 VINOCOPIA Liquor Product Received Prairie Village Liquor Store1027245315PITNEY BOWES Postage Customer Service
1027256 313 ZIEGLER INC Equipment Parts Fleet Operating
280181 312 CALIBER AUTO GLASS Equipment Repair & Maint Fleet Operating
280146 312 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
1027178 309 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits1027204302VINOCOPIALiquor Product Received Prairie View Liquor Store
280196 300 DRAG N FLY WIRELESS INC Other Contracted Services Round Lake
1027165 300 GOODIN COMPANY Supplies - HVAC City Hall (City Cost)
1027238 300 JEFFERSON FIRE & SAFETY INC Protective Clothing Fire
1027215 292 GOODIN COMPANY Repair & Maint - Ice Rink Pool Maintenance
280033 292 LORENTSEN SOREN AR Utility Water Enterprise Fund
1027225 292 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating
279881 291 CINTAS CORPORATION Safety Supplies Community Center Admin
280137 288 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
279871 284 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Den Road Liquor Store
280392 282 SLAVIK JAMES AR Utility Water Enterprise Fund
280120 281 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store
1027247 280 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Fire Station #2
1027237 277 IDEXX DISTRIBUTION CORP Laboratory Chemicals Water Treatment
Check #Amount Supplier / Explanation Account Description Business Unit Comments
280121 276 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
280143 276 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
280167 276 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
1027154 276 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
279865 274 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store
280171 268 STACKED DECK BREWING Liquor Product Received Prairie Village Liquor Store
279951 265 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
280151 264 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store1027252259ULINEOffice Supplies Police Sworn
279952 258 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn
280214 254 HOME DEPOT CREDIT SERVICES Supplies - General Bldg Park Shelters
280150 251 WINEBOW Liquor Product Received Den Road Liquor Store
280348 250 LAWTON KURT AR Utility Water Enterprise Fund280213249HIRSHFIELDS PAINT MANUFACTURING Repair & Maint. Supplies Water Treatment
280106 247 WHITE, KEVIN Travel Expense Police Sworn
1027139 247 BECKER, DAVE Travel Expense Police Sworn
1027140 247 FIETEK, CHRIS Travel Expense Police Sworn
1027141 247 GROVES, TODD Travel Expense Police Sworn1027142247GUSTAD, MARK Travel Expense Police Sworn
1027143 247 HESSEL, ZACK Travel Expense Police Sworn
1027144 247 LEBLANC, ERIC Travel Expense Police Sworn
1027145 247 STAAF, CARTER Travel Expense Police Sworn
280206 245 FIRE SAFETY USA INC Equipment Parts Fleet Operating280297245CLIFTON CHRIS AR Utility Water Enterprise Fund
280393 242 SMITH CHAD AR Utility Water Enterprise Fund
280061 242 RHODES JEFF AR Utility Water Enterprise Fund
280021 241 KLUGE RICHARD AR Utility Water Enterprise Fund
279818 236 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store1027158236NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
280383 235 SCHMELZLE JOHN AR Utility Water Enterprise Fund
280136 234 INBOUND BREW CO Liquor Product Received Den Road Liquor Store
1027164 233 FASTENAL COMPANY Equipment Parts Fleet Operating
280177 231 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Prairie View Liquor Store1027214230FASTENAL COMPANY Safety Supplies Fleet Operating
280326 229 HOLB JOHN AR Utility Water Enterprise Fund
279819 228 OMNI BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
279842 228 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store
280367 227 OPRISH NICK AR Utility Water Enterprise Fund280149226WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
280289 221 BRATTLAND DANIEL AR Utility Water Enterprise Fund
279837 221 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
279999 218 GAFFGA JOSHUA AR Utility Water Enterprise Fund
279964 217 BENAMEUR JAMEL AR Utility Water Enterprise Fund
280332 216 ISRANISIDHWANI AJAY AR Utility Water Enterprise Fund
280216 215 IIMC Dues & Subscriptions City Clerk
280292 210 BYRON JASON AR Utility Water Enterprise Fund
280078 207 STADLER THOMAS AR Utility Water Enterprise Fund
279883 202 COLLIERS ARCHITECTURE, LLC Contract Svcs - General Bldg City Hall (City Cost)
279920 201 LENNOX INDUSTRIES INC.Supplies - HVAC Park Shelters
279822 200 PLASTIC BAG MART Liquor Product Received Prairie Village Liquor Store
279845 200 PLASTIC BAG MART Liquor Product Received Den Road Liquor Store
279926 200 MNIAI Dues & Subscriptions Police Sworn
Check #Amount Supplier / Explanation Account Description Business Unit Comments
280164 199 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
280291 198 BRUEGGEMAN KEVIN AR Utility Water Enterprise Fund
280068 192 SCHUMACHER GARRY AR Utility Water Enterprise Fund
279993 190 ESHETE MERID AR Utility Water Enterprise Fund
280411 189 WILLIAMS MICHAEL AR Utility Water Enterprise Fund
280262 189 TWIN CITIES FLAG SOURCE, INC Building Repair & Maint.Utility Operations - General
280094 188 WEISS CHRISTINE AR Utility Water Enterprise Fund
1027248 188 REINDERS INC Chemicals Tree Disease1027201186NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
280335 186 JOHNSON JOSHUA AR Utility Water Enterprise Fund
279840 183 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
280022 183 KONKEL GREG AR Utility Water Enterprise Fund
280179 182 BARNUM GATE SERVICES INC Building Repair & Maint.Utility Operations - General279990182ELLIOTT YING AR Utility Water Enterprise Fund
280278 181 ANDERSON TIM AR Utility Water Enterprise Fund
1027182 180 GRAYBAR Repair & Maint - Ice Rink Ice Arena Maintenance
279910 180 HENNEPIN COUNTY TREASURER Licenses, Taxes, Fees Concessions
1027220 179 OLSEN CHAIN & CABLE Operating Supplies Park Maintenance1027187178MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
1027167 177 JOHNSTONE SUPPLY Small Tools Facilities Staff
279922 175 MERSC Dues & Subscriptions Organizational Services
280253 175 SPECTRUM SIGN SYSTEMS Sign Permits General Fund
280342 174 KOPYLOV DMITRY AR Utility Water Enterprise Fund280238170NOKOMIS SHOE SHOP Clothing & Uniforms Inspections-Administration
280340 169 KNAUER THOMAS AR Utility Water Enterprise Fund
280339 167 KENYON DAVID AR Utility Water Enterprise Fund
1027193 165 STERICYCLE INC Other Contracted Services Police Sworn
280412 165 WYCOFF MATT & SHELLEY AR Utility Water Enterprise Fund280012164HIMES PAUL AR Utility Water Enterprise Fund
1027159 162 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store
280371 162 PLOUMEN PAT AR Utility Water Enterprise Fund
280372 162 RAKSHIT ABHIK AR Utility Water Enterprise Fund
280244 160 RIEDELL SHOES Operating Supplies Recreation Admin280247160SCHELEN-GRAY AUTO ELECTRIC Repair & Maint. Supplies Water Treatment
1027189 160 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment
280322 159 GUSTAFSON KEVIN AR Utility Water Enterprise Fund
280016 159 IRRGANG JIM AR Utility Water Enterprise Fund
280142 159 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Den Road Liquor Store1027230159FILTRATION SYSTEMS Supplies - HVAC General Community Center
279855 159 DOMACE VINO Liquor Product Received Prairie View Liquor Store
280399 156 SWANSON ERIN AR Utility Water Enterprise Fund
279940 156 SCHMITZ, WENDY Supplies - Int. Landscape City Hall (City Cost)
280276 155 AGUIRE PEREZ ASMEDA AR Utility Water Enterprise Fund
280116 153 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
280003 153 GURALNIK ALBERT AR Utility Water Enterprise Fund
279972 152 CAIRNS RODD AR Utility Water Enterprise Fund
280397 151 STONE TAMMY AR Utility Water Enterprise Fund
280025 151 KUNKEL STEVEN AR Utility Water Enterprise Fund
280363 150 NELSON BRADLEY AR Utility Water Enterprise Fund
280190 150 CONTINENTAL SAFETY EQUIPMENT Repair & Maint - Ice Rink Ice Arena Maintenance
1027197 150 USA SECURITY Maintenance Contracts Water Treatment
280303 150 DEVASAHAYAM JOSEPH AR Utility Water Enterprise Fund
Check #Amount Supplier / Explanation Account Description Business Unit Comments
280124 149 SMALL LOT MN Liquor Product Received Prairie View Liquor Store
280147 149 SMALL LOT MN Liquor Product Received Den Road Liquor Store
280047 149 NICKELS DONALD AR Utility Water Enterprise Fund
1027206 146 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
280296 146 CHRISTOPHERSON STACI AR Utility Water Enterprise Fund
280321 146 GROVES SUSAN AR Utility Water Enterprise Fund
279858 142 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
280316 140 GIBSON WENDY AR Utility Water Enterprise Fund279900139EGRESS WINDOW GUY Building Permits General Fund
280006 138 HANEY CAMERON AR Utility Water Enterprise Fund
280327 137 HP HOLDINGS AR Utility Water Enterprise Fund
280329 137 HUPP SUSAN AR Utility Water Enterprise Fund
280090 136 VARGAS EMILY AR Utility Water Enterprise Fund280083136TERPSTRA ANDY AR Utility Water Enterprise Fund
279846 135 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store
280366 135 OLSON CHRISTINE AR Utility Water Enterprise Fund
280087 135 TUMMALA NAGENDRA AR Utility Water Enterprise Fund
280115 134 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store280379134RUSCH, LORI AR Utility Water Enterprise Fund
280381 132 SCARAMUZZA JOSEPH AR Utility Water Enterprise Fund
280188 131 COMCAST Deposits 494 Corridor Commission
280161 131 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
280385 130 SCHURMAN JAKE AR Utility Water Enterprise Fund280160130INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
279888 129 CORPORATE TECHNOLOGIES Deposits 494 Corridor Commission
280351 128 LOSSING SCOTT AR Utility Water Enterprise Fund
279812 126 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store
279824 126 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store279848126STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
279856 126 HEADFLYER BREWING Liquor Product Received Prairie View Liquor Store
279861 126 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
279867 126 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
280274 126 ABEA MYLENE AR Utility Water Enterprise Fund280079126STURMAN DANIEL AR Utility Water Enterprise Fund
280054 124 PALMER KATHLEEN AR Utility Water Enterprise Fund
280026 124 KURTZ JOSEPH AR Utility Water Enterprise Fund
279916 123 J H LARSON COMPANY Repair & Maint. Supplies Park Maintenance
279825 123 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store279977121CLEMMINGS TREVOR AR Utility Water Enterprise Fund
279962 116 BASTYR TIMM AR Utility Water Enterprise Fund
279931 115 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
279872 115 ASPEN MILLS Clothing & Uniforms Fire
279919 115 JOHNSON SHANNON AR Utility Water Enterprise Fund
280049 114 NORMAN DAVID AR Utility Water Enterprise Fund
280375 114 RICE SARAH AR Utility Water Enterprise Fund
1027208 112 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
279948 111 STAPLES ADVANTAGE Office Supplies Customer Service
280362 111 MOSTOV ALEXANDER AR Utility Water Enterprise Fund
279811 111 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
280325 110 HINES KATIE AR Utility Water Enterprise Fund
280320 110 GRINDSTAFF DOUGLAS AR Utility Water Enterprise Fund
280056 107 PECKHAM MARK AR Utility Water Enterprise Fund
Check #Amount Supplier / Explanation Account Description Business Unit Comments
279924 106 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn
280011 106 HICKEY PAUL AR Utility Water Enterprise Fund
280404 104 WAGENER GREGORY AR Utility Water Enterprise Fund
280035 104 LUSTY KATRINA AR Utility Water Enterprise Fund
280270 102 MN ANNUAL CONFERENCE ATTN: SHEILAH AR Utility Water Enterprise Fund
280334 102 JACOBSON-GRETSCH WENDY AR Utility Water Enterprise Fund
279814 100 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
280104 100 ANOKA COUNTY SHERIFF'S DEPT Deposits General Fund279863100PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
280376 100 RINE DAVID AR Utility Water Enterprise Fund
280038 99 MANDILE LISA AR Utility Water Enterprise Fund
280275 97 ACKLEY SCOTT AR Utility Water Enterprise Fund
280389 95 SHERMAN CINDY AR Utility Water Enterprise Fund102721394CONCRETE CUTTING AND CORING Equipment Repair & Maint Park Maintenance
280377 94 RISSER NANCY AR Utility Water Enterprise Fund
279975 93 CASEY BRIAN AR Utility Water Enterprise Fund
280059 93 RAMSEY BLAIRE AR Utility Water Enterprise Fund
279955 93 VERIZON WIRELESS Telephone IT Operating28036493NEUGEBAUER GARY AR Utility Water Enterprise Fund
280359 92 MOLEPSKE, MICHAEL AR Utility Water Enterprise Fund
280374 92 REEVE MANDY AR Utility Water Enterprise Fund
279965 91 BERKEY STEVE AR Utility Water Enterprise Fund
280378 91 RUSCH THOMAS AR Utility Water Enterprise Fund28002791LAFON NORANN AR Utility Water Enterprise Fund
280282 89 BAUSCH FRANK AR Utility Water Enterprise Fund
280333 89 IVEY JOHN AR Utility Water Enterprise Fund
280314 89 GALVEZ LUIS AR Utility Water Enterprise Fund
280301 89 DEERING PATRICK AR Utility Water Enterprise Fund28021988JERRY'S ENTERPRISES INC Repair & Maint. Supplies Utility Operations - General
280257 88 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
280271 86 MN ANNUAL CONFERENCE ATTN: SHEILAH AR Utility Water Enterprise Fund
280318 86 GORANSON LEE AR Utility Water Enterprise Fund
280361 86 MOSLEY ANTHONY AR Utility Water Enterprise Fund807285SAGE PAYMENT SOLUTIONS Bank and Service Charges Historical Culture
280267 84 XPRES BATH AND SHOWER LLC Building Permits General Fund
280406 84 WASDYKE JOEL AR Utility Water Enterprise Fund
280337 84 KARL ANGELA AR Utility Water Enterprise Fund
279995 83 FERKINHOFF DEAN AR Utility Water Enterprise Fund28000283GRIFFITH DANIEL AR Utility Water Enterprise Fund
279989 83 EDLUND TOM AR Utility Water Enterprise Fund
280013 81 HOFFER JULIE AR Utility Water Enterprise Fund
1027233 81 GRAINGER Small Tools Fire Station #4
280353 81 LYSNE JENNIFER AR Utility Water Enterprise Fund
279983 81 DALEY JAMES AR Utility Water Enterprise Fund
1027151 80 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
280055 80 PARNELL AMY AR Utility Water Enterprise Fund
1027195 79 TOWMASTER INC Equipment Parts Fleet Operating
280387 78 SELDEN MATTHEW AR Utility Water Enterprise Fund
280007 78 HAUGARTH RAYMOND AR Utility Water Enterprise Fund
279985 77 DANIELS RAY AR Utility Water Enterprise Fund
1027227 75 CITI-CARGO & STORAGE CO, INC Other Rentals Winter Theatre
280028 74 LAMOTE ERIC AR Utility Water Enterprise Fund
Check #Amount Supplier / Explanation Account Description Business Unit Comments
279980 73 CYCLONE CONSTRUCTION LLC AR Utility Water Enterprise Fund
280223 72 LANO EQUIPMENT INC Equipment Repair & Maint Fleet Operating
280101 72 ZIPOY JACK AR Utility Water Enterprise Fund
1027161 71 CONCRETE CUTTING AND CORING Operating Supplies Park Maintenance
280222 71 LANGE RENEE P&R Refunds Community Center Admin
279982 71 DAI TRUC AR Utility Water Enterprise Fund
280344 70 LACEY MARK AR Utility Water Enterprise Fund
280031 70 LAWRANCE KARRIE AR Utility Water Enterprise Fund28009168VATINE ALI AR Utility Water Enterprise Fund
280127 68 56 BREWING LLC Liquor Product Received Den Road Liquor Store
279815 68 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
280287 67 BEVAN DEREK AR Utility Water Enterprise Fund
280345 67 LANGELAND TERRY AR Utility Water Enterprise Fund28031266FRIEL ERIC AR Utility Water Enterprise Fund
279979 65 CULLEN DAVID AR Utility Water Enterprise Fund
279873 65 ASSOC OF STATE WETLAND MANAGERS INC Dues & Subscriptions Stormwater Non-Capital
280210 65 HANSON TRACIE P&R Refunds Community Center Admin
280298 65 CODER BRETT AR Utility Water Enterprise Fund28005864PLANTENBERG ERIK AR Utility Water Enterprise Fund
279835 63 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store
1027232 62 GINA MARIAS INC Operating Supplies Volunteers
279930 62 NUSS TRUCK GROUP INC Equipment Parts Fleet Operating
279887 62 CORE & MAIN Repair & Maint. Supplies Water Distribution28009661WILLARD JIM AR Utility Water Enterprise Fund
279929 60 NELSEN JOHN Dues & Subscriptions Inspections-Administration
280209 60 GUNTAMUKKALA SESI PRAVEENA Awards Special Events Admin
280221 60 KUMAR RAVI Awards Special Events Admin
280228 60 MARSAN KRISTEN Awards Special Events Admin28024260QUINTERO ROSE Awards Special Events Admin
280166 60 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store
280093 59 WEINER KEVIN AR Utility Water Enterprise Fund
279963 59 BAYER JEAN AR Utility Water Enterprise Fund
280076 58 SORUM JEFF AR Utility Water Enterprise Fund28000956HENDERSON HAWKINS SUSAN AR Utility Water Enterprise Fund
280041 55 MATSUDA FERNANDA AR Utility Water Enterprise Fund
280272 55 THE NAVE REVOCABLE TRUST AR Utility Water Enterprise Fund
1027169 54 MILLER JENNY Mileage & Parking Finance
280140 53 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store102721852JOHNSTONE SUPPLY Small Tools Facilities Staff
279891 51 DAYROBB BATTERIES PLUS Supplies - Fire/Life/Safety Facilities Staff
280400 51 THORNE KIRK AR Utility Water Enterprise Fund
280341 49 KNAUS JASON AR Utility Water Enterprise Fund
280064 49 SALINAS REBECCA AR Utility Water Enterprise Fund
280368 49 ORR WENDY AR Utility Water Enterprise Fund
279928 48 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
279978 47 COLEMAN RICHARD AR Utility Water Enterprise Fund
280187 46 COMCAST Cable TV Fire
280309 46 FARRELL BRIAN AR Utility Water Enterprise Fund
280402 46 VALCHEV DIMITAR AR Utility Water Enterprise Fund
280050 46 OLSON TAMARA AR Utility Water Enterprise Fund
279807 46 BRASS FOUNDERY Liquor Product Received Prairie Village Liquor Store
280313 46 GAILLOUX DEBORAH AR Utility Water Enterprise Fund
Check #Amount Supplier / Explanation Account Description Business Unit Comments
280382 46 SCHINDLER BART AR Utility Water Enterprise Fund
280225 45 LENNOX INDUSTRIES INC.Supplies - HVAC Fire Station #4
280074 44 SMITH SPENCER AR Utility Water Enterprise Fund
280413 44 YANG ZHENCHAO AR Utility Water Enterprise Fund
280065 44 SCHEIBLE JAMES AR Utility Water Enterprise Fund
280072 44 SHERMAN LAURA AR Utility Water Enterprise Fund
280010 43 HEY PAUL AR Utility Water Enterprise Fund
1027191 42 SPRINT Cell/Pager Plans IT Operating28003441LOUIS SYLVESTER AR Utility Water Enterprise Fund
280195 40 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
280182 40 CARROLL SHANNON Awards Special Events Admin
280220 40 KALAR TARA Awards Special Events Admin
280229 40 MARWAH AMRUTA Awards Special Events Admin28008940VANTASSEL ROGER AR Utility Water Enterprise Fund
280082 40 TENHOOR CHERYL AR Utility Water Enterprise Fund
279973 39 CALLANAN THAREN AR Utility Water Enterprise Fund
280263 38 ULTIMATE SOFTWARE GROUP, THE Ultimate (prev. Ceridian)IT Operating
280032 38 LEVINE AMY AR Utility Water Enterprise Fund102722637CAWLEY COMPANY, THE Office Supplies City Council
280330 37 HYTJAN COLE AR Utility Water Enterprise Fund
280396 37 SPINNER ROB AR Utility Water Enterprise Fund
280405 37 WARNER ANDREW AR Utility Water Enterprise Fund
280241 37 PRAIRIE LAWN AND GARDEN Repair & Maint. Supplies Utility Operations - General28039836SUPPOGU PREM AR Utility Water Enterprise Fund
280280 36 BAKER ANDREW AR Utility Water Enterprise Fund
280044 35 MORGAN WILLIAM AR Utility Water Enterprise Fund
280286 35 BETZ ROSANNE AR Utility Water Enterprise Fund
280343 34 KRAMER SANDY AR Utility Water Enterprise Fund28000133GRAHAM JUDY AR Utility Water Enterprise Fund
280008 33 HAYES ROBERT AR Utility Water Enterprise Fund
280315 33 GETTINGER MARK AR Utility Water Enterprise Fund
280306 33 DOUDS JILL AR Utility Water Enterprise Fund
280317 33 GOLDSTEIN LESYA AR Utility Water Enterprise Fund28029433CARL PAMELA AR Utility Water Enterprise Fund
280063 33 RUDRUD DEAN AR Utility Water Enterprise Fund
280352 33 LUCHAU WAYNE AR Utility Water Enterprise Fund
280086 32 TRAN QUYNH AR Utility Water Enterprise Fund
280046 32 NERGE JOHN AR Utility Water Enterprise Fund27998131DAHLEN RACHEL AR Utility Water Enterprise Fund
280300 31 DAWSON ADAM AR Utility Water Enterprise Fund
280323 31 HAMERSLEY ROBERT AR Utility Water Enterprise Fund
280311 31 FRANSEN BOB AR Utility Water Enterprise Fund
280350 31 LORINSER AMANDA AR Utility Water Enterprise Fund
280265 30 VERIZON WIRELESS Telephone E-911 Program
280388 29 SHADDUCK JIM AR Utility Water Enterprise Fund
280023 29 KRAHL LAWRENCE AR Utility Water Enterprise Fund
279862 28 OMNI BREWING COMPANY Liquor Product Received Prairie View Liquor Store
280052 27 O'MEARA MAIREAD AR Utility Water Enterprise Fund
280373 27 RAUSER KAREN AR Utility Water Enterprise Fund
280283 26 BECK LIESL AR Utility Water Enterprise Fund
280201 26 ELECTION SOURCE Office Supplies City Clerk
280029 25 LAPOINT CATHERINE AR Utility Water Enterprise Fund
Check #Amount Supplier / Explanation Account Description Business Unit Comments
279959 25 ASSETS LLC REAL AR Utility Water Enterprise Fund
279988 25 DUFFY MICHAEL AR Utility Water Enterprise Fund
279936 25 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn
280077 24 SPEIDEL DAVID AR Utility Water Enterprise Fund
279957 24 DISTINCTIVE DESIGN BUILD LLC AR Utility Water Enterprise Fund
279967 23 BLAKE SARA AR Utility Water Enterprise Fund
279884 23 COMCAST Other Contracted Services Police Sworn
280408 23 WELIVER DEBBIE AR Utility Water Enterprise Fund28041423YOUNG NICK AR Utility Water Enterprise Fund
279991 23 ENFIELD JOSEPH AR Utility Water Enterprise Fund
280370 23 PIRAM CHARLES AR Utility Water Enterprise Fund
280119 23 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
280098 22 WOJTASIAK LAWRENCE AR Utility Water Enterprise Fund28010022ZHU JIN AR Utility Water Enterprise Fund
280097 22 WITZIG DAVID AR Utility Water Enterprise Fund
280288 21 BOYLE BRIAN AR Utility Water Enterprise Fund
280310 20 FISHER RICHARD AR Utility Water Enterprise Fund
280005 20 HANDOJO ALDO AR Utility Water Enterprise Fund28032820HUNTER ROBERT AR Utility Water Enterprise Fund
280319 20 GORSKI ROBERT AR Utility Water Enterprise Fund
280015 20 HOLDINGS LLC CENTERFIELD AR Utility Water Enterprise Fund
280045 19 NELSON GARY AR Utility Water Enterprise Fund
279984 18 DAMIDI ASHOK AR Utility Water Enterprise Fund28004318MONARCHI MICHAEL AR Utility Water Enterprise Fund
280037 18 MAMEDALIEV RAJAB AR Utility Water Enterprise Fund
280070 18 SENESCALL PATRICK AR Utility Water Enterprise Fund
280081 18 TARDIA IRMA AR Utility Water Enterprise Fund
280030 18 LARSON ALEX AR Utility Water Enterprise Fund28030717ERICKSON KEVIN AR Utility Water Enterprise Fund
279943 17 SHRED RIGHT Waste Disposal City Hall (City Cost)
280102 17 ZOERB TIMOTHY AR Utility Water Enterprise Fund
280233 17 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn
280092 16 VONWEISS DAVID AR Utility Water Enterprise Fund28039516SPERBECK KEVIN AR Utility Water Enterprise Fund
280354 16 MAENKE DUANE AR Utility Water Enterprise Fund
280075 16 SOLON AMELIA AR Utility Water Enterprise Fund
280365 16 NUMEDAHL SCOTT AR Utility Water Enterprise Fund
280338 16 KENDING PHILIPPA AR Utility Water Enterprise Fund27997416CARROLL JUSTIN AR Utility Water Enterprise Fund
280356 16 MALAMBO NACHOONGO AR Utility Water Enterprise Fund
280360 15 MORTENSON JAMES AR Utility Water Enterprise Fund
280293 15 CARBONE MICHAEL AR Utility Water Enterprise Fund
280024 15 KROC DANIEL AR Utility Water Enterprise Fund
280369 15 OSTLUND ANDREW AR Utility Water Enterprise Fund
280347 15 LAUPIES PIERRE AR Utility Water Enterprise Fund
280018 15 JOHNSON DAVID AR Utility Water Enterprise Fund
279969 14 BRABENDER DANIEL AR Utility Water Enterprise Fund
279949 14 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating
280053 14 OWENS JOHN AR Utility Water Enterprise Fund
280051 14 OLSON TIMOTHY AR Utility Water Enterprise Fund
280403 14 VISHNUMURTHY SUDEEP AR Utility Water Enterprise Fund
280281 14 BARKER PATRICIA AR Utility Water Enterprise Fund
Check #Amount Supplier / Explanation Account Description Business Unit Comments
280336 14 JOHNSON JULIE AR Utility Water Enterprise Fund
280355 14 MAGNUS RICHARD AR Utility Water Enterprise Fund
280401 14 TIETZ MICHAEL AR Utility Water Enterprise Fund
279996 13 FOSTER BILL AR Utility Water Enterprise Fund
280042 13 MOLINA GUILLERMO AR Utility Water Enterprise Fund
280390 13 SHIN ERICSSON AR Utility Water Enterprise Fund
279971 12 BRYSON ANTHONY AR Utility Water Enterprise Fund
280066 12 SCHILLER ANTHONY AR Utility Water Enterprise Fund28038412SCHULTZ JANE AR Utility Water Enterprise Fund
280308 12 ERTMAN JOSEPH AR Utility Water Enterprise Fund
280269 12 JAMES CLARKSON C/O JILL JORGENSEN AR Utility Water Enterprise Fund
280357 12 MCGLASSON CYNTHIA AR Utility Water Enterprise Fund
280279 12 ANLIKER ANTHONY AR Utility Water Enterprise Fund28006712SCHLUTER DOUG AR Utility Water Enterprise Fund
279994 11 FALKENSTEIN GARY AR Utility Water Enterprise Fund
280331 11 ISKRA WAYNE AR Utility Water Enterprise Fund
280250 11 SOLYST, ANN Operating Supplies Arts Center
280080 11 TALAN TATIANA AR Utility Water Enterprise Fund28007311SHIRLEY ERIK AR Utility Water Enterprise Fund
279960 10 AVERY ANDREA AR Utility Water Enterprise Fund
280277 10 AHMED FARID AR Utility Water Enterprise Fund
280256 10 STAR GROUP LLC Equipment Parts Fleet Operating
280039 10 MARETTE JAKE AR Utility Water Enterprise Fund27996810BLASEWITZ JEANETTE AR Utility Water Enterprise Fund
280380 10 RUTSTEIN CARRIE AR Utility Water Enterprise Fund
279986 9 DAS ANINDYA AR Utility Water Enterprise Fund
280410 9 WENTZ AMBER AR Utility Water Enterprise Fund
279976 9 CINNAMON DAN AR Utility Water Enterprise Fund2803049DITZLER MATTHEW AR Utility Water Enterprise Fund
280088 9 TURNER BARBARA AR Utility Water Enterprise Fund
280391 9 SIEVEKING NATHAN AR Utility Water Enterprise Fund
279998 9 FRISCHMAN MATTHEW AR Utility Water Enterprise Fund
280062 8 ROBERTSON NANCY AR Utility Water Enterprise Fund2800958WHEELER NATHAN AR Utility Water Enterprise Fund
280212 8 HILL ALYSHA Operating Supplies Arts Center
280302 8 DEMANN CAROL AR Utility Water Enterprise Fund
280057 8 PETERSON JAMES AR Utility Water Enterprise Fund
280020 8 KARAMAFROOZ YADOLAH AR Utility Water Enterprise Fund2800858TOMMERAUS JEAN AR Utility Water Enterprise Fund
280409 8 WENDT JOAN AR Utility Water Enterprise Fund
280000 8 GOLLA WARREN AR Utility Water Enterprise Fund
279958 8 ANDERSON MARI AR Utility Water Enterprise Fund
280069 7 SCHURLE DALE AR Utility Water Enterprise Fund
280084 7 THOMSEN KATHRYN AR Utility Water Enterprise Fund
280358 7 MINH VANDY AR Utility Water Enterprise Fund
280290 7 BROOKS SHAWN AR Utility Water Enterprise Fund
279956 7 ARGI TILE & CONSTRUCTION INC AR Utility Water Enterprise Fund
279987 7 DEUTSCHENDORF CAMERON AR Utility Water Enterprise Fund
279961 7 BARBIERI ROBERT AR Utility Water Enterprise Fund
279966 7 BLAKE JASON AR Utility Water Enterprise Fund
280232 7 MINNESOTA STATE FIRE DEPT ASSN Dues & Sub-Magazine etc Fire
280019 7 JOHNSON MATTHEW AR Utility Water Enterprise Fund
Check #Amount Supplier / Explanation Account Description Business Unit Comments
280305 7 DOLAN PATRICIA AR Utility Water Enterprise Fund
280036 7 MAJUMDAR ANIL AR Utility Water Enterprise Fund
280211 7 HANSON TRACY AR Utility Water Enterprise Fund
280040 7 MASTERMAN MICHELLE AR Utility Water Enterprise Fund
280349 6 LEINO RON AR Utility Water Enterprise Fund
280099 6 YAN HENRY AR Utility Water Enterprise Fund
280060 6 REED CATHERINE AR Utility Water Enterprise Fund
280014 6 HOFFER JULIE AR Utility Water Enterprise Fund2803466LASHKOWITZ SETH AR Utility Water Enterprise Fund
280004 6 HAMEED TARIQ AR Utility Water Enterprise Fund
279992 6 ENGSTROM MARK AR Utility Water Enterprise Fund
1027196 6 UPS Postage Human Resources
280284 6 BELFRY DEBBIE AR Utility Water Enterprise Fund2802955CHAO JOHN AR Utility Water Enterprise Fund
280285 5 BERNHARDSON JOHN AR Utility Water Enterprise Fund
280071 5 SHAUGHNESSY ELISHA AR Utility Water Enterprise Fund
280273 5 TRIO INVESTMENTS LLC AR Utility Water Enterprise Fund
279898 5 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits3,179,368 Grand Total
City of Eden Prairie
Purchasing Card Payment Report
2/16/2021
Amount Account Description Business Unit
4,422 Other Revenue General Fund
2,605 Advertising CIP - Leasing Costs
2,089 EMS Supplies Fire
2,001 Operating Supplies Recreation Admin
1,616 Safety Supplies Pool Operations
1,450 Operating Supplies Fire
1,316 Training Supplies Police Sworn
1,282 Training Fire
1,266 Equipment Parts Fleet Operating
1,260 Operating Supplies Fire
1,060 Employee Award Internal Events
1,000 Tuition Reimbursement/School Police Sworn
940 Conference/Training Engineering
880 Employee Award Internal Events
875 Computers IT Operating
838 Bank and Service Charges Prairie View Liquor Store
823 Tuition Reimbursement/School Police Sworn
823 Tuition Reimbursement/School Police Sworn
774 Software/Hardware Maint.IT Operating
770 EMS Supplies Fire
745 Protective Clothing Fire
734 Licenses, Taxes, Fees Staring Lake Concert
733 Licenses, Taxes, Fees Staring Lake Concert
695 Tuition Reimbursement/School Police Sworn
695 Tuition Reimbursement/School Police Sworn
655 Operating Supplies Tree Disease
651 EMS Supplies Fire
598 Operating Supplies Arts Center
589 Employee Award Organizational Services
563 Training Fire
543 Operating Supplies Fire
535 Repair & Maint. Supplies Water Distribution
533 Building Repair & Maint.Utility Operations - General
528 Repair & Maint. Supplies Pool Maintenance
516 Operating Supplies Fire
500 Employee Award Internal Events
495 Tuition Reimbursement/School Police Sworn
465 Conference/Training Fire
462 Training Supplies Fire
450 Employee Award Internal Events
380 Capital Under $25,000 Outdoor Center
359 Tuition Reimbursement/School Police Sworn
359 Tuition Reimbursement/School Police Sworn
355 Small Tools Park Maintenance
Amount Account Description Business Unit
345 Miscellaneous City Council
343 Office Supplies Police Sworn
325 Training Fire
320 Repair & Maint. Supplies Senior Center
319 Operating Supplies Tree Disease
300 Other Contracted Services Liquor Store Delivery
291 Building Repair & Maint.Utility Operations - General
290 Conference/Training Youth Programs Admin
289 Software/Hardware Maint.IT Operating
266 Conference/Training Pool Operations
255 EMS Supplies Fire
251 Landscape Materials/Supp Street Maintenance
250 Tuition Reimbursement/School Police Sworn
250 Tuition Reimbursement/School Police Sworn
250 Tuition Reimbursement/School Police Sworn
250 Dues & Subscriptions City Council
243 Operating Supplies Outdoor Center
242 Repair & Maint. Supplies Utility Operations - General
228 Operating Supplies Pool Operations
223 Office Supplies Police Sworn
219 Dues & Subscriptions Human Resources
213 Operating Supplies Fitness Classes
207 Operating Supplies Youth Programs Admin
200 Dues & Subscriptions Youth Programs Admin
200 Computers Recreation Admin
198 Operating Supplies Fire
198 Operating Supplies Fire
198 Operating Supplies Fire
198 Operating Supplies Fire
190 Conference/Training Pool Operations
190 Dues & Subscriptions Police Sworn
186 Operating Supplies Youth Programs Admin
185 Conference/Training Park Maintenance
185 Conference/Training Park Maintenance
180 Conference/Training Street Maintenance
180 Conference/Training Street Maintenance
180 Conference/Training Park Maintenance
180 Conference/Training Park Maintenance
175 Waste Disposal Fleet Operating
172 Repair & Maint. Supplies Police (City Cost)
172 Operating Supplies Police Sworn
172 Dues & Subscriptions Police Sworn
170 Training Fire
167 Operating Supplies Recreation Admin
161 Training Supplies Fire
150 Conference/Training Pool Operations
150 Conference/Training Pool Operations
150 Conference/Training Engineering
Amount Account Description Business Unit
150 Advertising Community Center Admin
141 Training Fire
141 Training Fire
134 Operating Supplies Street Maintenance
130 Training Fire
125 Equipment Testing/Cert.Fleet Operating
124 Operating Supplies Recreation Admin
124 Canine Supplies Police Sworn
110 Dues & Subscriptions Police Sworn
105 Dues & Subscriptions Assessing
104 Training Fire
100 Conference/Training Engineering
100 Licenses, Taxes, Fees Fitness Classes
100 Dues & Subscriptions Fire
100 Training Fire
100 Operating Supplies Fitness Classes
100 Operating Supplies Recreation Admin
100 Computers IT Operating
100 Equipment Parts Fleet Operating
97 Operating Supplies Arts Center
95 Repair & Maint. Supplies Utility Operations - General
94 Operating Supplies Street Maintenance
94 Operating Supplies Recreation Admin
90 Conference/Training Human Resources
90 Operating Supplies Skating Rinks/Warming Houses
88 Clothing & Uniforms Volunteers
86 Software/Hardware Maint.Fire
86 Operating Supplies Arts Center
85 Training Fire
85 Training Fire
85 Training Fire
81 Operating Supplies Arts Center
79 Conference/Training Fitness Admin.
76 Deposits General Fund
75 Deposits General Fund
75 Dues & Subscriptions Police Sworn
73 Repair & Maint. Supplies Water Distribution
73 Conference/Training Den Road Liquor Store
70 Deposits General Fund
70 Operating Supplies Arts Center
69 Operating Supplies Arts Center
66 Conference/Training Den Road Liquor Store
66 Equipment Parts Fleet Operating
65 Dues & Subscriptions Finance
62 Repair & Maint. Supplies Stormwater Collection
61 Bank and Service Charges Customer Service
60 Operating Supplies Arts Center
59 Repair & Maint. Supplies Stormwater Collection
Amount Account Description Business Unit
59 Operating Supplies Arts Center
57 Waste Disposal Fleet Operating
56 Operating Supplies Police Sworn
56 Software/Hardware Maint.IT Operating
54 Computers IT Capital
53 Repair & Maint. Supplies Park Shelters
53 Operating Supplies Recreation Admin
50 Dues & Subscriptions Tree Disease
50 Operating Supplies IT Operating
48 Operating Supplies Tree Disease
46 Operating Supplies Skating Rinks/Warming Houses
46 Operating Supplies Arts Center
44 Office Supplies Customer Service
43 Operating Supplies Arts Center
43 Operating Supplies Police Sworn
41 Training Supplies Police Sworn
41 Operating Supplies Arts Center
40 Operating Supplies Arts Center
40 Operating Supplies Arts Center
40 Repair & Maint. Supplies Ice Arena Maintenance
40 Deposits General Fund
39 Operating Supplies Arts Center
36 Equipment Repair & Maint Fire
35 Operating Supplies Arts Center
35 Operating Supplies Outdoor Center
34 Operating Supplies Arts Center
34 Equipment Repair & Maint Fire
33 Clothing & Uniforms Stormwater Collection
33 Operating Supplies Outdoor Center
32 Operating Supplies Tree Disease
31 Operating Supplies Recreation Admin
30 Equipment Repair & Maint Fire
30 Conference/Training Community Center Admin
29 Software Communications
29 Training Supplies Arts Center
29 Operating Supplies Recreation Admin
28 Operating Supplies Arts Center
28 Training Supplies Police Sworn
25 Operating Supplies Arts Center
25 Tuition Reimbursement/School Police Sworn
25 Tuition Reimbursement/School Police Sworn
25 Tuition Reimbursement/School Police Sworn
25 Operating Supplies Outdoor Center
25 Computers IT Operating
24 Operating Supplies Arts Center
24 Operating Supplies Police Sworn
23 Operating Supplies Arts Center
21 Operating Supplies Outdoor Center
Amount Account Description Business Unit
20 Operating Supplies Outdoor Center
20 Licenses, Taxes, Fees Utility Operations - General
20 Software/Hardware Maint.IT Operating
19 Operating Supplies Arts Center
19 Operating Supplies Arts Center
18 Operating Supplies Arts Center
18 Operating Supplies Outdoor Center
18 Operating Supplies Skating Rinks/Warming Houses
18 Operating Supplies Arts Center
17 Operating Supplies Outdoor Center
17 Operating Supplies Arts Center
16 Office Supplies Housing and Community Service
15 Conference/Training Planning
15 Operating Supplies Arts Center
15 Operating Supplies Arts Center
14 Operating Supplies Volunteers
14 Repair & Maint. Supplies Water Treatment
14 Operating Supplies Arts Center
14 Operating Supplies Arts Center
14 Operating Supplies Arts Center
11 Office Supplies Utility Operations - General
11 Operating Supplies Pool Operations
11 Operating Supplies Arts Center
10 Licenses, Taxes, Fees Park Maintenance
10 Licenses, Taxes, Fees Park Maintenance
10 Licenses, Taxes, Fees Street Maintenance
10 Licenses, Taxes, Fees Tree Disease
9 Operating Supplies Arts Center
9 Operating Supplies Arts Center
9 Other Contracted Services Inspections-Administration
7 Operating Supplies Arts Center
6 Training Supplies Police Sworn
6 Operating Supplies Arts Center
5 Licenses, Taxes, Fees Fleet Operating
5 Licenses, Taxes, Fees Fleet Operating
5 Operating Supplies Arts Center
4 Dues & Subscriptions Police Sworn
4 Operating Supplies Arts Center
3 Operating Supplies Arts Center
3 Operating Supplies Arts Center
3 Operating Supplies Arts Center
3 Operating Supplies Fitness Admin.
-5 Software/Hardware Maint.Fire
-7 Software/Hardware Maint.IT Operating
-8 Computers IT Operating
-21 Capital Under $25,000 Fitness Classes
-37 Repair & Maint. Supplies Pool Maintenance
-166 EMS Supplies Fire
Amount Account Description Business Unit
58,359 Report Total
1
CITY COUNCIL AGENDA
SECTION: Report of Public Works Director
DATE:
February 16, 2021
DEPARTMENT/DIVISION:
Mary Krause
Public Works / Engineering
ITEM DESCRIPTION: I.C. 17-5983
Approve Revised Layout for Duck Lake Road Improvements
ITEM NO.:
XIV.E.1.
Requested Action
Move to: Approve the revised Layout dated January 28, 2021 for the Duck Lake Road Improvements, City Project Number I.C. 17-5983.
Synopsis
The Duck Lake Road Improvements are included in the City’s Capital Improvement Plan. The City Council previously approved a Layout Plan for the project on September 18, 2018. Since that time, the Layout Plan was revised to include a bridge over Duck Lake. The inclusion of the bridge
in the Project is a result of numerous meetings with the DNR and the Riley Purgatory Bluff Creek
Watershed District regarding minimization of impacts to Duck Lake and optimizing restoration efforts. The layout plan now includes pedestrian facilities on both sides of Duck Lake Road and incorporates a fishing pier on the east side of the bridge, thereby providing recreational opportunities for residents. City Council authorized a final bridge design contract for the project
with Bolton & Menk as the consultant on August 20, 2020. This action approves the revised design
layout for the project including the bridge.
Easements and properties identified with the previous layout plan were obtained; two temporary easements will require extension. A request to City Council will be made at a later date for approval of a resolution for the appraisal values of the additional easement(s) to be acquired and
to authorize the City Attorney and City Engineer to acquire these easements needed for the Project.
A cooperative agreement with the Riley Purgatory Bluff Creek Watershed District regarding a partnership with RPBCWD, including financing of the project will be presented to Council under separate cover.
Background Information
A. Public Involvement
Two public neighborhood meetings were held for the project in 2017 and 2018. Feedback from the public at that time included the following feedback:
•Need to improve pedestrian and bicycle facilities along Duck Lake Road.
•Need to improve the roadway; the current condition is narrow, sloughing at Duck Lake.
2
• Concern with the safety at Duck Lake (lack of pedestrian facilities, narrowness of road
and no shoulders).
• Can be challenging at times for turning movements at Prairie View Elementary School.
• Concerns regarding Duck Lake water overtopping the road after significant rain events.
• Concern with the amount of time it takes the western lobe of Duck Lake to recede after a storm event. Due to current social distancing requirements, an “in-person” public meeting to present the revised layout plan including the bridge and additional pedestrian facilities is not practical.
Instead, a PowerPoint presentation of the project has been placed on the project webpage on the City website and a letter sent to properties adjacent to the corridor providing information regarding the updated layout plan. B. Revised Layout The revised layout for Duck Lake Road, which is available on the project webpage, includes the following significant components:
• Reconstruction of the collector street from Duck Lake Trail to approximately Mallard
Court to include concrete curb and gutter.
• The addition of pedestrian facilities. This includes a bituminous trail on the west side of Duck Lake Road as well as a new concrete sidewalk on the east side of Duck Lake Road from the new pedestrian crossing of the railroad corridor to Duck Lake Trail.
• A 235’ long bridge over Duck Lake is provided that includes a fishing pier on the east side of the bridge.
• Storm water management improvements.
The revised layout with the inclusion of the bridge provides many environmental benefits that include restoration of lake bed, minimization of wetland fill, reconnection of the east and west cells of Duck Lake, remove habitat fragmentation to achieve habitat improvements for aquatic organisms and plants, increase storage volume of Duck Lake and improve floodplain impacts, and provide recreational and educational opportunities for residents.
The bridge will consist of 5 spans and will include a bituminous trail along the west side, a concrete sidewalk on the east, along with a fishing pier on the east side of the bridge. Architectural relief with the use of a concrete cut stone pattern will be used along with ornamental metal railings to provide an aesthetically pleasing bridge design.
The construction of Duck Lake Road was originally anticipated to be constructed in 2019-2020. With the inclusion of a bridge into the project, work is expected to begin in the fall of 2021. 2021 work will entail placing an embankment over the existing organics using a surcharge method on either end of the proposed bridge in multiple stages. The final stage of
surcharging will include the placement of the surcharge over the entire cross-section of the corridor, including the existing road. This surcharge will need to be in place for a minimum of 6 months and the final stage of surcharge will be in place for the 2021-2022 school year, while the roadway is open to traffic.
3
Construction taking place in 2022 will include the removal of the surcharge, reconstruction of the roadway, installation of the bridge, installation of the storm water management and flood
mitigation facilities as well as the trail and sidewalks. Closure of Duck Lake Road will be required for this work. A signed detour will be provided. A new outlet structure for Duck Lake will also be constructed, replacing the existing outlet structure located at the east side of the lake and restoring the original DNR permitted lake level. The majority of the work will be completed in 2022 with final restoration and project clean-up extending into 2023.
Wetland mitigation will be provided off-site through the use of the Minnesota Local Government Road Wetland Replacement Program (LGRWRP). Wetland impacts in the Duck Lake Road area include 0.27 acres of impact; replacement will be made at 2:1 for a total replacement area of 0.54 acres.
The plans will also include drainage improvements in the adjacent side and rear yard areas north of Padons Drive within existing drainage and utility easements of Lots 1-3, Block 1 of Padon Down’s and Lots 1-3, Block 1 of Padon Down’s Second Addition. The installation of these improvements will help relieve flooding issues after large rain events. These
improvements will be constructed concurrently with the Duck Lake Road improvements.
C. Project Cost The preliminary overall cost estimate of the Duck Lake Road Improvements is approximately
$4.7 million. This cost estimate includes engineering, geotechnical, acquisition of easements, construction management and interest. Primary funding for the project will be from Municipal State Aid funds as well as a contribution of up to $1.175 million from the Riley Purgatory Bluff Creek Watershed District through a cooperative agreement. Additional funding will also be provided from the Storm Water Utility fund.
D. Schedule Final design of the project is in progress and expected to be complete in late spring of 2021. Construction on the project is anticipated to be initiated in the fall of 2021 with the majority of
the construction activities occurring in 2022. Attachments Layout Plan
Bridge Renderings
1
2
3 4 5 6 7 8 9
PC: 0+4
2.
1
7
PT: 2+58.88PI: 8+15.151
2
3 4 5 6 7 8 9
Duck Lake Road
Mallard CourtSouth Shore Lane8' BITUMINOUSTRAIL
30' F/F
Prairie ViewElementary School
5' CONCRETESIDEWALKPavelka Drive5' CONCRETESIDEWALK
CONSTRUCTIONLIMITS (TYP)
EXISTING DRAINAGE &UTILITY EASEMENT (TYP)TEMPORARY CONSTRUCTIONEASEMENT
EXISTING RIGHT-OF-WAY(TYP)
TEMPORARY CONSTRUCTIONEASEMENT
PROPOSEDSTORMWATER BMP
9 10 11 12 13 14 15 16 17 18PI: 10+08.949 10 11 12 13 14 15 16 17 18
Duck Lake Road
South Shore LanePeterborg Road8' BITUMINOUSTRAIL
10' BITUMINOUSTRAIL
30' F/F 26' F/F
Duck Lake
Duck LakePrairie ViewElementary School
CONSTRUCTIONLIMITS (TYP)
PERMANENT EASEMENT(DATED 11/28/2018)
PERMANENT EASEMENT(DATED 12/5/2018)
TEMPORARY CONSTRUCTIONEASEMENT
PROPOSEDSTORMWATER BMP
PROPOSED FLOODSTORAGE MITIGATION
EXISTING EDGEOF WATER (TYP)
EXISTING EDGEOF WATER (TYP)
PROPOSED CONTINUOUSCONCRETE SLAB BRIDGE
PROPOSED FISHING PIER5' CONCRETESIDEWALK
7' CONCRETESIDEWALK
7' CONCRETESIDEWALK
LEGEND
BITUMINOUS STREET / TRAIL / DRIVEWAY
CONCRETE SIDEWALK / DRIVEWAY
CONTINUOUS CONCRETE SLAB BRIDGE
CONCRETE CURB AND GUTTER
STORMWATER BMP
EXISTING RIGHT-OF-WAY
EXISTING DRAINAGE & UTILITY EASEMENT
H:\EDPR\T16113925\CAD\C3D\MISC-Layout-Final 2021-01-15.dwg 1/25/2021 7:28:39 AM
R
FINAL LAYOUT - REVISED JANUARY 2021
EDEN PRAIRIE
DUCK LAKE ROAD RECONSTRUCTION
Figure 1
FEETSCALE
0 6030HORZ.
DUCK LAKE ROAD SEE BELOWSEE ABOVESEE FIGURE 2
15 16 17 18 19 20 21 22 23 24 EP: 24+00.0015 16 17 18 19 20 21 22 23 24
Duck Lake Road Padons DriveDuck Lake Trail10' BITUMINOUSTRAIL
26' F/F
8' BITUMINOUSTRAIL26' F/F
5' CONCRETESIDEWALK
Duck Lake
CONSTRUCTIONLIMITS (TYP)PERMANENT EASEMENT(DATED 12/5/2018)
EXISTING RIGHT-OF-WAY(TYP)
EXISTING DRAINAGE &UTILITY EASEMENT (TYP)
PROPOSED FLOODSTORAGE MITIGATION
EXISTING EDGEOF WATER (TYP)
PROPOSED CONTINUOUSCONCRETE SLAB BRIDGE
7' CONCRETESIDEWALK
RIGHT OF ENTRY FORDRIVEWAY RECONSTRUCTION
LEGEND
BITUMINOUS STREET / TRAIL / DRIVEWAY
CONCRETE SIDEWALK / DRIVEWAY
CONTINUOUS CONCRETE SLAB BRIDGE
CONCRETE CURB AND GUTTER
STORMWATER BMP
EXISTING RIGHT-OF-WAY
EXISTING DRAINAGE & UTILITY EASEMENT
H:\EDPR\T16113925\CAD\C3D\MISC-Layout-Final 2021-01-25.dwg 1/28/2021 12:28:23 PM
R
FINAL LAYOUT - REVISED JANUARY 2021
EDEN PRAIRIE
DUCK LAKE ROAD RECONSTRUCTION
Figure 2
FEETSCALE
0 6030HORZ.
DUCK LAKE ROADSEE FIGURE 1
Duck Lake RoaD BRiDge concept RenDeRing
BiRDs eye View Looking east
DRaft concept - 12/11/2020
Duck Lake RoaD BRiDge concept RenDeRing
Fishing pieR enLaRgement Looking east
DRaFt concept - 12/11/2020
Duck Lake RoaD BRiDge concept RenDeRing
typicaL BRiDge Section
DRaft concept - 1/27/2021
DRive Lane
13’-0”
concRete paRapet
1’-5”
DRive Lane
13’-0”
ShaReD-uSe tRaiL
10’-1”
SiDewaLk
7’-0”
BRiDge guaRDRaiL
1’-7”
8” wiDe cuRB
CITY COUNCIL AGENDA
SECTION: Report of Director of Public Works
DATE:
February 16, 2021
DEPARTMENT/DIVISION:
Mary Krause
Public Works / Engineering
ITEM DESCRIPTION: I.C. #17-5983
Approve Agreement with Riley-Purgatory-Bluff Creek Watershed District for the Duck Lake Road Reconstruction Project
ITEM NO.:
XIV.E.2.
Requested Action
Move to: Approve the Cooperative Agreement between the City of Eden Prairie and Riley-Purgatory-Bluff Creek Watershed District for the Duck Lake Road Reconstruction Project.
Synopsis
The City began developing plans for the reconstruction of Duck Lake Road from Mallard Court to Duck Lake Trail in 2017. The original plans for the project included the reconstruction of the roadway with a trail on the west side of road with a box culvert connecting Duck Lake. After
numerous meetings and environmental efforts with the Riley Purgatory Creek Watershed District
(RPBCWD) and the Department of Natural Resources (DNR), a consensus was reached to revise the plans to include a 235’ bridge over Duck Lake. Pedestrian facilities will be included on both sides of the project and a fishing pier on the east side of the bridge. The bridge design provides for the following environmental benefits:
Reconnect the historical connection of the lake sections and remove habitat
fragmentation within Duck Lake allowing aquatic organisms to move freelybetween the divided sections, enabling plant communities to becomes establishedin the newly connected corridor, and providing habitat for macroinvertebrates, fish,and amphibians
Restore lake bed
Minimize wetland fill
Reduce wetland bounce in the western bank of Duck Lake to improve shoreline
native vegetation establishment
Increase storage volume of Duck Lake and improve floodplain impacts
Background Information
The partnership between RPBCWD and the City regarding the project was first discussed in 2020
as a result of continued conversations regarding the reduction of environmental impacts of the
Duck Lake Road project to Duck Lake as well as opportunities to restore lake bed. The partners are working together to achieve goals to improve the corridor. The project aims to improve water quality, reduce erosion along the road side-slopes, enhance wildlife habitat, mitigate flooding, support water recreation activities, and generate public involvement in water resources.
Financial Implications The RPBCWD will reimburse the City a maximum of $1,175,000 of the project costs based on a five year payment plan as outlined in the Agreement. The total preliminary project cost estimate for the Duck Lake Road Reconstruction project is $4,700,000. This project cost estimate includes preliminary and final design, permitting, geotechnical, construction, contract administration, easement acquisition, interim interest, and legal costs.
Attachment
Cooperative Agreement
02-04-21 Cooperative Agreement 1 Eden Prairie-RPBCWD – Duck Lake Restoration Partnership Project
COOPERATIVE AGREEMENT Between the City of Eden Prairie and
Riley-Purgatory-Bluff Creek Watershed District Duck Lake Restoration Partnership Project
This Cooperative Agreement is made by and between the City of Eden Prairie, a Minnesota
municipal corporation (“Eden Prairie”) and Riley-Purgatory-Bluff Creek Watershed District, a watershed district created pursuant to Minnesota Statutes chapters 103B and 103D (RPBCWD) to achieve shared water-resource protection and improvement goals in connection with the reconstruction of Duck Lake road, including design and implementation of water quality- and habitat-benefitting features.
Recitals WHEREAS RPBCWD has an approved water resources management plan pursuant to Minnesota Statutes section 103B.231 (the Plan) that identifies the improvement of water quality
in Duck Lake as a proposed project in the Purgatory Creek Watershed;
WHEREAS Duck Lake, located in the northwest corner of Eden Prairie, has historically been separated by Duck Lake Road into two bodies of water, negatively impacting water quality and habitat in the lake;
WHEREAS in 2019 Eden Prairie approached RPBCWD to partner in reconstruction of
the Duck Lake Road, including the construction of a bridge over Duck Lake that will allow for the merger of the two bodies of water and associated habitat improvements (the “Project”);
WHEREAS Eden Prairie and RPBCWD moved through an information gathering, engagement, and planning process to understand the environmental benefits affiliated with the Project, which will remove and replace approximately 235 feet (length) by 30 feet (width) of an
existing two way road (a total of approximately 7,050 square feet of roadway) with a bridge
along with adjacent roadway and pedestrian improvements; environmental benefits include restoring an estimated 7,050 square feet of lake bed, minimizing wetland fill, enabling improved establishment of shoreline vegetation, removing habitat fragmentation within Duck Lake, and improving floodplain impacts by increasing storage volume of Duck Lake;
WHEREAS the Project will increase public awareness of water quality best management
practices and resultant habitat and ecosystem benefits, and connect the public to Duck Lake, the watershed of which is home to over 300 residents, and nearby communities of Prairie View Elementary School (~730 students, ~70 staff) and Eden Prairie High School (~3,000 students, ~200 staff);
WHEREAS on October 7, 2020, the RPBCWD board of managers amended the capital
improvements program in the Plan to replace the Duck Lake Watershed Phosphorus Load Control project, DL_3, with the Project;
WHEREAS the total Project cost is anticipated to be approximately $4,700,000; RPBCWD will provide $1,175,000 (one million one hundred seventy five thousand dollars) over
five (5) years for the Project, payments to commence at the end of the 2021calendar year;
02-04-21 Cooperative Agreement 2 Eden Prairie-RPBCWD – Duck Lake Restoration Partnership Project
WHEREAS the RPBCWD’s contribution to the Project is separate and apart from the
requirements that Eden Prairie comply with the RPBCWD’s rules and obtain any necessary permit(s) from the RPBCWD for the Project;
WHEREAS on December 2, 2020, the RPBCWD board of managers conducted a duly-noticed public hearing on and ordered RPBCWD’s participation in the Project in accordance
with Minnesota Statutes section 103B.251;
WHEREAS the Project will be constructed entirely on Eden Prairie property in the area depicted and labeled “Project Area” in Exhibit A, attached to and incorporated into this Agreement;
WHEREAS Eden Prairie will own and maintain Duck Lake Road right of way and the
bridge when the Project is completed;
WHEREAS Eden Prairie and RPBCWD acknowledge that their ability to achieve Project objectives depends on the other party satisfactorily and promptly performing individual obligations and working cooperatively with the other party to this agreement; and
WHEREAS Minnesota Statutes sections 103D.335, subd. 7; 103B.231-251; and 471.59
authorize Eden Prairie and RPBCWD to enter into this Agreement.
Agreement
NOW, THEREFORE Eden Prairie and RPBCWD enter into this agreement to document
their understanding as to the scope of the Project, affirm their commitments as to the
responsibilities of and tasks to be undertaken by each party, and facilitate communication and cooperation to successfully complete the Project. 1 Organization and Relationship of the Parties
A. The RPBCWD administrator and Eden Prairie’s senior project engineer will serve as project leads and the principal contacts for their respective organizations for the Project, charged to conduct the day-to-day activities necessary to ensure that the Project is completed in accordance with the terms of this Agreement.
B. The project leads will coordinate and communicate informally and formally to timely
address any issues of concern to ensure the successful completion of the Project.
C. Eden Prairie and RPBCWD enter this Agreement solely for the purposes of improving water resources in Duck Lake. Accordingly, this Agreement does not create a joint powers board or organization within the meaning of Minnesota Statutes section 471.59, and neither party agrees to be responsible for the acts or omissions of the other pursuant to subdivision
1(a) of the statute. Only contractual remedies are available for the failure of a party to fulfill the terms of this Agreement.
D. Minnesota Statutes chapter 466 and other applicable law govern liability of the parties. The limits of liability for the parties may not be added together to determine the maximum amount of liability of any party.
02-04-21 Cooperative Agreement 3 Eden Prairie-RPBCWD – Duck Lake Restoration Partnership Project
E. This Agreement creates no right in and waives no immunity, defense or liability limitation
with respect to any non-party.
2 Project Design, Construction and Maintenance A. Project Management. Eden Prairie is responsible for all Project management, bidding and
contracting, permitting and regulatory approvals, construction, and all post-construction
operation and maintenance. Any work changes affecting hydraulic profile or shoreline design requires RPCBWD approval, which the RPCBWD will determine promptly and not unreasonably withhold
B. Project Design. Eden Prairie is responsible for Project designs and final specifications.
RPBCWD will provide in-process review and consultation as relevant to water quality-
and habitat benefit-related elements of the Project as requested by Eden Prairie. RPBCWD will review and approve the 90 percent design only as to the following Project elements: flood plain; lake bed and aquatic habitat restoration area; restoration plan for meeting water quality, habitat, and related Project goals; grading; inclusion of fishing pier; inclusion of
plaque commemorating RPBCWD’s funding assistance for the Project; and water quality
impacts. Eden Prairie shall obtain RPBCWD’s prior approval of the design and content of the plaque commemorating RPBCWD’s funding assistance for the Project prior to installation of the plaque.
C. Education and Outreach. Eden Prairie and RPBCWD will collaborate on signage,
community engagement, and publicity for the Project.
D. Monitoring and Maintenance. After completion of construction, the parties will work together to develop specific written schedules, procedures and protocols for routine water resources monitoring and vegetation monitoring, including the need for any specialized
maintenance of emergent vegetation. Water resources monitoring shall be the
responsibility of RPBCWD, and RPBCWD will be available to consult on any specialized maintenance needs. E. Grant reporting. Each party is responsible for complying with its own grant-reporting requirements related to the Project, except that both parties will provide any data on the
Project reasonably requested by the other to meet grant-reporting obligations related to the Project.
3 Funding Commitments A. RPBCWD will reimburse Eden Prairie a maximum total of $1,175,000 of the total
Project costs (including but not limited to engineering, testing, easements, etc.) in five equal payments of $235,000 over a period of five years. The first payment is due no later than December 31 in the year that Eden Prairie has issued the general contractor a notice to proceed in construction of the Project, provided the notice to proceed has been issued
no later than November 15. The remaining four payments are due and payable on or
before December 31 of each of the succeeding four years. If the RPBCWD obligation is reduced as provided in paragraph 3.B, the amount of the reduction will be deducted from
02-04-21 Cooperative Agreement 4 Eden Prairie-RPBCWD – Duck Lake Restoration Partnership Project
the amount due for the fifth and final payment. Eden Prairie will provide the RPBCWD
documentation of its incurred Project costs upon request.
B. The total RPBCWD obligation in paragraph 3.A is based on the total Project cost estimate of $4,700,000.00. If the final Project cost is below the estimate, the RPBCWD obligation will be reduced proportionately. If Eden Prairie does not enter into a construction contract and commence construction of the Project on or before December
31, 2023, this Agreement will automatically terminate and RPBCWD will have no
financial obligation for the Project.
C. Except as specifically provided otherwise herein, each of the parties will bear the incidental costs of fulfilling its responsibilities and obligations under this Agreement and, in the event of cancellation, the parties will bear their own costs incurred prior to the award of a
construction contract for the Project.
D. Eden Prairie is responsible to complete the Project in accordance with those elements of the final plans approved by the RPBCWD. On completion of construction of the Project, Eden Prairie will retain ownership of the Project and Project Area and provide ongoing maintenance of the Project at its sole expense. Eden Prairie will timely address hydraulic
obstruction and shoreline erosion.
4 Parties’ Further Rights and Obligations A. RPBCWD will not be deemed to have acquired by entry into or performance under this
Agreement any form of interest or ownership in the Project Area. RPBCWD will not by
entry into or performance under this Agreement be deemed to have exercised any form of control over the use, operation or management of any portion of the Project Area or adjacent property so as to render RPBCWD a potentially responsible party for any contamination or exacerbation of any contamination conditions under state and/or federal
law.
B. Eden Prairie will provide as-built construction drawings of the Project to RPBCWD within 90 days of final Municipal State Aid certification of the Project.
C. The RPBCWD's role under this Agreement is solely to provide funds to support an alternative Project design that achieves certain water resource benefits. The RPBCWD has no authority to select, or role in selecting, the design, means, method or manner of
performing any part of the Project or the persons or firms who will perform the work. Any RPBCWD review , approval of or concurrence in plans and specifications, or revisions thereto: (a) is solely for the RPBCWD's own accounting of its use of funds; (b) creates no basis of reliance for Eden Prairie, its designers, any other party through which it implements the Project, or any third party; and (c) does not alter, or shift in any respect to
the RPBCWD or its engineer, the duty of care of Eden Prairie's designers. 6 General Terms
A. Publicity and endorsement. RPBCWD and Eden Prairie will collaboratively develop, produce and disseminate public education and outreach materials. Each party, at its sole
02-04-21 Cooperative Agreement 5 Eden Prairie-RPBCWD – Duck Lake Restoration Partnership Project
expense, may develop, produce and, after approval of the other party, distribute
educational, outreach and publicity materials related to the Project. RPBCWD may review
and approve any publicity materials concerning water resources elements of the Project. Any publicity regarding the Project must identify Eden Prairie and RPBCWD as sponsoring entities. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs and similar public notices
prepared by or for Eden Prairie or RPBCWD individually or jointly with others, or any
subcontractors, with respect to the Project. Notwithstanding anything to the contrary in this paragraph, RPBCWD approval shall not be required for Project bid documents or communications or any regular Project status updates that Eden Prairie sends to residents.
B. Data management. All designs, written materials, technical data, research or any other
work in progress will be shared between the parties to this Agreement on request, except
as prohibited by law. As soon as is practicable after such request, the party preparing plans, specifications, contractual documents, materials for public communication or education will provide them to the other party for recordkeeping and other necessary purposes.
C. Data Practices. All data created, collected, received, maintained or disseminated for any
purpose in the course of this Agreement is governed by the Minnesota Government Data
Practices Act, Minnesota Statutes chapter 13, and any state rules adopted to implement the act, as well as federal regulations on data privacy
D. Indemnification. Eden Prairie will defend, indemnify and hold harmless the RPBCWD, its managers and employees with respect to any third-party claim arising from the design,
construction or maintenance of the Project, and any cost, damage or liability associated
therewith (including reasonable attorney fees), and waives the right of subrogation as to claims against the RPBCWD. Except as provided in the preceding sentence, each party is responsible for its own acts and omissions under this Agreement.
E. Insurance. Eden Prairie will require that its construction contractor identify the RPBCWD
as an additional insured under its general commercial liability policy, with a coverage limit
of $1.5 million ($500,000 of which may be provided by umbrella or excess coverage), covering ongoing and completed operations, and on a primary and non-contributory basis, and that the contractor supply the applicable endorsement to the RPBCWD on request.
F. Entire agreement. This Agreement, as it may be amended in writing, contains the complete and entire agreement between the parties relating to the subject matter hereof,
and supersedes all prior negotiations, agreements, representations and understandings, if any, between the parties respecting such matters. The recitals stated at the outset are incorporated into and made a part of the Agreement.
G. Force majeure. Neither party will be liable for failure to complete the Project if the failure results from an act of god (including fire, flood, earthquake, storm, other natural disaster
or other weather conditions that make it infeasible or materially more costly to perform the specified work), health pandemic, embargo, labor dispute, strike, lockout or interruption or failure of public utility service. In asserting force majeure, the asserting party must demonstrate that it took reasonable steps to minimize delay and damage caused by foreseeable events, that it substantially fulfilled all non-excused obligations, and that it
timely notified the other party of the likelihood or actual occurrence of the force majeure event. Delay will be excused only for the duration of the force majeure.
02-04-21 Cooperative Agreement 6 Eden Prairie-RPBCWD – Duck Lake Restoration Partnership Project
H. Waivers. The waiver by Eden Prairie or RPBCWD of any breach or failure to comply with
any provision of this Agreement by the other party will not be construed as nor will it
constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement.
I. Notices. Any notice, demand or communication under this agreement by either party to the other will be deemed to be sufficiently given or delivered if it is dispatched by registered
or certified mail, postage prepaid to:
Eden Prairie RPBCWD Mary Krause Claire Bleser Senior Project Engineer Administrator
8080 Mitchell Road 18681 Lake Drive East
Eden Prairie, MN 55344 Chanhassen, MN 55317 mkrause@edenprairie.org cbleser@rpbcwd.org 952-949-8315 952-607-6512 J. Term; termination. This Agreement is effective on execution by each of the parties and
will terminate upon the earlier of the following: (1) RPBCWD’s final payment to Eden Prairie pursuant to Paragraph 3A of this Agreement; (2) pursuant to the terms of Paragraph 3B of this Agreement; or (3) on the written agreement of both parties.
K. Continuation of Obligations. The provisions of Paragraphs 6A–6D of this Agreement
will survive the termination of the Agreement.
[SIGNATURE PAGE FOLLOWS.]
02-04-21 Cooperative Agreement 7 Eden Prairie-RPBCWD – Duck Lake Restoration Partnership Project
IN WITNESS WHEREOF, the parties have caused the agreement to be duly executed intending
to be legally bound thereby. City of Eden Prairie
_______________________________ By: Ronald A. Case, Mayor
Date: ______________________________
and Rick Getschow, City Manager
Date: ______________________________
Riley-Purgatory-Bluff Creek Watershed District
_______________________________ By: Dick Ward, President
Date: ______________________________
Approved as to form & execution:
_____________________________
RPBCWD counsel
1
2
3 4 5 6 7 8 9
PC: 0+4
2.
1
7
PT: 2+58.88PI: 8+15.151
2
3 4 5 6 7 8 9
Duck Lake Road
Mallard CourtSouth Shore Lane8' BITUMINOUSTRAIL
30' F/F
Prairie ViewElementary School
5' CONCRETESIDEWALKPavelka Drive5' CONCRETESIDEWALK
CONSTRUCTIONLIMITS (TYP)
EXISTING DRAINAGE &UTILITY EASEMENT (TYP)TEMPORARY CONSTRUCTIONEASEMENT
EXISTING RIGHT-OF-WAY(TYP)
TEMPORARY CONSTRUCTIONEASEMENT
PROPOSEDSTORMWATER BMP
9 10 11 12 13 14 15 16 17 18PI: 10+08.949 10 11 12 13 14 15 16 17 18
Duck Lake Road
South Shore LanePeterborg Road8' BITUMINOUSTRAIL
10' BITUMINOUSTRAIL
30' F/F 26' F/F
Duck Lake
Duck LakePrairie ViewElementary School
CONSTRUCTIONLIMITS (TYP)
PERMANENT EASEMENT(DATED 11/28/2018)
PERMANENT EASEMENT(DATED 12/5/2018)
TEMPORARY CONSTRUCTIONEASEMENT
PROPOSEDSTORMWATER BMP
PROPOSED FLOODSTORAGE MITIGATION
EXISTING EDGEOF WATER (TYP)
EXISTING EDGEOF WATER (TYP)
PROPOSED CONTINUOUSCONCRETE SLAB BRIDGE
PROPOSED FISHING PIER5' CONCRETESIDEWALK
7' CONCRETESIDEWALK
7' CONCRETESIDEWALK
LEGEND
BITUMINOUS STREET / TRAIL / DRIVEWAY
CONCRETE SIDEWALK / DRIVEWAY
CONTINUOUS CONCRETE SLAB BRIDGE
CONCRETE CURB AND GUTTER
STORMWATER BMP
EXISTING RIGHT-OF-WAY
EXISTING DRAINAGE & UTILITY EASEMENT
R
FINAL LAYOUT - REVISED JANUARY 2021
EDEN PRAIRIE - EXHIBIT A
DUCK LAKE ROAD RECONSTRUCTION
H:\EDPR\T16113925\CAD\C3D\MISC-Layout-Final 2021-01-15.dwg 1/25/2021 7:28:39 AM
Figure 1
FEETSCALE
0 6030HORZ.
DUCK LAKE ROAD SEE BELOWSEE ABOVESEE FIGURE 2
15 16 17 18 19 20 21 22 23 24 EP: 24+00.0015 16 17 18 19 20 21 22 23 24
Duck Lake Road Padons DriveDuck Lake Trail10' BITUMINOUSTRAIL
26' F/F
8' BITUMINOUSTRAIL26' F/F
5' CONCRETESIDEWALK
Duck Lake
CONSTRUCTIONLIMITS (TYP)PERMANENT EASEMENT(DATED 12/5/2018)
EXISTING RIGHT-OF-WAY(TYP)
EXISTING DRAINAGE &UTILITY EASEMENT (TYP)
PROPOSED FLOODSTORAGE MITIGATION
EXISTING EDGEOF WATER (TYP)
PROPOSED CONTINUOUSCONCRETE SLAB BRIDGE
7' CONCRETESIDEWALK
RIGHT OF ENTRY FORDRIVEWAY RECONSTRUCTION
LEGEND
BITUMINOUS STREET / TRAIL / DRIVEWAY
CONCRETE SIDEWALK / DRIVEWAY
CONTINUOUS CONCRETE SLAB BRIDGE
CONCRETE CURB AND GUTTER
STORMWATER BMP
EXISTING RIGHT-OF-WAY
EXISTING DRAINAGE & UTILITY EASEMENT
R
FINAL LAYOUT - REVISED JANUARY 2021
EDEN PRAIRIE - EXHIBIT A
DUCK LAKE ROAD RECONSTRUCTION
H:\EDPR\T16113925\CAD\C3D\MISC-Layout-Final 2021-01-25.dwg 1/28/2021 12:28:23 PM
Figure 2
FEETSCALE
0 6030HORZ.
DUCK LAKE ROADSEE FIGURE 1