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HomeMy WebLinkAboutCity Council - 03/16/2021 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MARCH 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. SUSTAINABLE EDEN PRAIRIE UPDATE Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT City Council Update March 16, 2021 Sustainable Eden Prairie Overview Ongoing effort focusing on education and implementation of sustainable practices to protect the environment and natural resources our community enjoys. Building upon the success of the 20-40-15 initiative, the City is leading by example and providing a foundation for residents and businesses to carry out sustainable practices in four areas: Energy Climate Action Plan Business as Usual Emissions Planned Emissions Reductions C/I Electric and Natural Gas Emissions Residential Electricity and Natural Gas Emissions Electric Grid Mix Emissions Travel Emissions Waste Emissions Climate Action Plan Implementation Actions 2020/2021 Encouragement Actions Home Energy Squad Intercity Challenge Regulatory Actions Xcel Energy Integrated Resource Plan Comments Better Buildings Minnesota Fleet Upgrades Public and City Use EV Charging Stations LED Lighting Upgrades Closed Landfill Solar Waste Organics Recycling Curbside and Drop Off Recycling Events Yard Waste Site Eden Prairie Recycling Rates Water Historical Water Usage Rates Irrigation Rebate Program # OF PARTICIPANTS GRANT $City Match $ 108 $17,060 $4,265 Wyland National Mayor’s Challenge for Water Conservation Landscape Landscape Rebate Program City-owned Pollinator Projects Education and Outreach -Website Edenprairie.org/SustainableEP Most visited pages Community Drop-Off Day Yard Waste Disposal Garbage and Recycling Recycling Guide Sustainable Eden Prairie Education and Outreach -Print Education and Outreach –Social Media and Email Questions? AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 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 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 2, 2021 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 2, 2021 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. ADOPT RESOLUTION APPROVING ISSUANCE OF PREMISES PERMITS FOR LAWFUL GAMBLING TO BE CONDUCTED BY EDEN PRAIRIE HOCKEY ASSOCIATION AT BOWLERO EDEN PRAIRIE, CHAMPPS KITCHEN & BAR, AND GREEN MILL EDEN PRAIRIE C. APPROVE CONTRACT WITH LIFE FITNESS FOR PURCHASE OF COMMUNITY CENTER FITNESS EQUIPMENT D. APPROVE CONTRACT WITH AVR, INC. FOR 2021 CONCRETE SUPPLY E. APPROVE CONSTRUCTION CONTRACT WITH HYDROCORP, INC. FOR REMOVAL AND REINSTALLATION OF NEW CELLULAR AMI WATER METERS CITY COUNCIL AGENDA March 16, 2021 Page 2 F. APPROVE CONTRACT WITH METERING TECHNOLOGY SOLUTIONS, INC. FOR CELLULAR AMI WATER METERS G. APPROVE AGREEMENT WITH HTPO FOR ENGINEERING SERVICES FOR REHABILITATING REGIONAL CENTER ROAD WATER MAIN H. APPROVE CHANGE ORDER FOR GROUND STORAGE RESERVOIR AND PUMP STATION CONSTRUCTION CONTRACT I. AWARD CONTRACT TO JOHNSON CONTROLS INC. FOR PURCHASE OF MATERIAL FOR COMMUNITY CENTER LED LIGHTING PROJECT J. APPROVE FIRST AMENDMENT TO LEASE AND SOLAR EASEMENT FOR COMMUNITY SOLAR GARDEN ON COMMUNITY CENTER ROOF IX. PUBLIC HEARINGS / MEETINGS A. VACATION OF SMITH VILLAGE EASEMENTS (Resolution) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Mayor’s Water Challenge (Resolution) 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 Agreement with Republic Services for Material Disposal at 2021 Drop Off Day Event F. REPORT OF POLICE CHIEF CITY COUNCIL AGENDA March 16, 2021 Page 3 G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: March 12, 2021 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, March 16, 2021 ___________________________________________________________________________________________ TUESDAY, MARCH 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 V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, MARCH 2, 2021 B. CITY COUNCIL MEETING HELD TUESDAY, MARCH 2, 2021 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-J on the Consent Calendar. ANNOTATED AGENDA March 16, 2021 Page 2 A. CLERK’S LICENSE LIST B. ADOPT RESOLUTION APPROVING ISSUANCE OF PREMISES PERMITS FOR LAWFUL GAMBLING TO BE CONDUCTED BY EDEN PRAIRIE HOCKEY ASSOCIATION AT BOWLERO EDEN PRAIRIE, CHAMPPS KITCHEN & BAR, AND GREEN MILL EDEN PRAIRIE C. APPROVE CONTRACT WITH LIFE FITNESS FOR PURCHASE OF COMMUNITY CENTER FITNESS EQUIPMENT D. APPROVE CONTRACT WITH AVR, INC. FOR 2021 CONCRETE SUPPLY E. APPROVE CONSTRUCTION CONTRACT WITH HYDROCORP, INC. FOR REMOVAL AND REINSTALLATION OF NEW CELLULAR AMI WATER METERS F. APPROVE CONTRACT WITH METERING TECHNOLOGY SOLUTIONS, INC. FOR CELLULAR AMI WATER METERS G. APPROVE AGREEMENT WITH HTPO FOR ENGINEERING SERVICES FOR REHABILITATING REGIONAL CENTER ROAD WATER MAIN H. APPROVE CHANGE ORDER FOR GROUND STORAGE RESERVOIR AND PUMP STATION CONSTRUCTION CONTRACT I. AWARD CONTRACT TO JOHNSON CONTROLS INC. FOR PURCHASE OF MATERIAL FOR COMMUNITY CENTER LED LIGHTING PROJECT J. APPROVE FIRST AMENDMENT TO LEASE AND SOLAR EASEMENT FOR COMMUNITY SOLAR GARDEN ON COMMUNITY CENTER ROOF IX. PUBLIC HEARINGS / MEETINGS A. VACATION OF SMITH VILLAGE EASEMENTS (Resolution) Synopsis: The property owners of Lot 1 through Lot 6, Block 1, Villas at Smith Village, have requested the vacation of a part of the drainage and utility easements over these lots to facilitate the building of new homes. It was recently discovered that the legal description of the easement vacation as submitted by the property owner’s surveyor was incorrect. The published notice of the easement vacation included the error in the legal description. The corrected legal description for the easement vacation is included in the attached resolution and site plan. MOTION: Move to:  Close the public hearing; and  Adopt the Resolution vacating Drainage and Utility Easements. ANNOTATED AGENDA March 16, 2021 Page 3 X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. Mayor’s Water Challenge (Resolution) Synopsis: The attached resolution is a commitment from the City of Eden Prairie to once again support water conservation efforts by encouraging residents to participate in the Mayor’s Challenge for Water Conservation from April 1 to April 30, 2021. MOTION: Move to adopt the resolution supporting the Wyland Mayor’s Challenge for Water Conservation. 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 Agreement with Republic Services for Material Disposal at 2021 Drop Off Day Event Synopsis: A request for proposal was sent to two waste hauler companies. Republic Services was the only vendor to submit a proposal. The proposal included an estimated price of $63,672.88 for material disposal services. The event will be held Saturday morning on June 19, 2021. MOTION: Move to approve the agreement with Republic Services for material disposal at the 2021 Drop Off Day Event at an estimated cost of $63,672.88. F. REPORT OF POLICE CHIEF ANNOTATED AGENDA March 16, 2021 Page 4 G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MARCH 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. PROPOSED CITY CODE AMENDMENTS Getschow stated the workshop is devoted to various code amendments from planning. If there is time remaining he will discuss police department code amendments. These are previews to future Ordinance revisions to be brought before Council. Julie Klima, City Planner, stated the code amendments include new zoning districts, performance standard updates, and general code maintenance housekeeping. In the Aspire Comprehensive Plan, there were several new land use categories. As a part of implementation, they are in the process of drafting new zoning districts to correspond with the land use categories. First, there are two areas guided as a flex service zoning district located along Martin Drive and Pioneer Trail areas. The purpose for flex service zoning district is to address the older industrial areas that are being repurposed. Flex service would incentivize the location of certain uses not ideally suited for Golden Triangle, Town Center and transit-oriented development (TOD) areas. They would create regulations identifying permitted uses and performance standards. They are in the drafting stages. Once finished, they would anticipate engaging with others for feedback before Planning Commission and City Council review. Case inquired how rezoning works with properties who have met the previous standards and are grandfathered in. Klima stated Staff are created the regulations for the zoning districts rather than rezoning properties. They wait for development to occur until rezoning. Case inquired if the value of the property is affected due to rezoning. Neuville stated a property could keep its current zoning. If they wanted to do something different on the property it could be rezoned into the new district. Getschow noted the flex service district is not in existence. It is not creating a problem, but rather a tool for redevelopment opportunities. City Council Workshop Minutes March 2, 2021 Page 2 Klima stated the second new category is the mixed use district. This is largely Eden Prairie Center, surrounding properties, and the ends of Martin Drive. The intention behind this zoning district and the land use guiding associated with it is to create more vertical and horizontal integration of uses and to allow for more flexibility. Right now residential is not a permitted use near the mall, but the mixed use district would allow residential similar to the trends in the market place. Staff is in the drafting stage, and would look to identify permitted uses, and provide for shared amenities and architecture. They would then do outreach with the community for feedback prior to review and approval. The Eco-Innovation Zoning district is the former landfill site. The purpose is to establish sustainable and innovative reuse for the site. The zoning district could be applied to other properties in the future. In order to create this zoning district for the former landfill site, Staff would need to coordinate with Minnesota Pollution Control Agency (MPCA) to adopt a final land use plan. This would put in place the zoning district regulation, so the foundation would be in place for future uses. Klima stated the last category is the Industrial Flex Tech. Previously there was only an industrial land use category. The purpose is to provide flexibility in uses of buildings to reflect changing market conditions. Staff would revise the existing zoning standards for the I- 2 and the I-5 zoning district to allow for flexibility. This could include adjusting the permitted uses and performance standards to reflect current proposals, market trends, and how these buildings could be utilized. Narayanan inquired if it would make sense to have an area zoned based on green initiatives. Klima responded Staff would want to work with the sustainability coordinator to help determine how sustainability initiatives could be incorporated in industrial areas. Narayanan added criteria could be put in place to help meet the carbon neutral goal by 2050. Case stated this would be an interesting philosophy based on the end goal. This may be able to be accomplished through incentives for businesses. Nelson added she likes the concept of incorporating some of these sustainability standards while still allowing the business flexibility through new zoning districts. Freiberg noted the only problem would be creating a zoning district for scattered sites rather than a concentrated area. Klima presented on other performance standards. The purpose of the sign code update is not to establish a new sign code, but to revise existing code to bring it into conformance with the Supreme Court Ruling on content neutrality. Another objective is to update the code to create sign regulations for all zoning districts, including newly created districts. Case inquired about the impact to campaign signs. It may be beneficial to consider limitations. Many residents still believe campaign signs are only allowed seasonally. If limitations were set, they would have to apply to all signs. Narayanan inquired if there is a limit to the size of campaign signs. Neuville stated in general, in regards to non-commercial speech, we can regulate size but not content. Advertising a business has less protections than non-commercial speech. Narayanan inquired if a home owners association (HOA) can prohibit signs. Neuville stated they are not City Council Workshop Minutes March 2, 2021 Page 3 a government entity and they are treated differently. Presumably, people are aware of HOA requirements before they move in. Klima stated the City can regulate signs based on size, location, and safety setbacks. Case noted regulating the timing of signs would have to apply to all signs. Neuville stated regulating signage based on timing could also be challenged by the Supreme Court. The City could potentially limit the number of signs and the size. There would have to be more discussion on complete prohibition. Case stated he would like to see campaign signs limited to certain periods of time. Neuville stated campaign signs would need to be defined. Getschow noted all of this is categorized under temporary signs. Nelson added she thought campaign signs were only allowed from filing day to the week after the general election. Case clarified those stipulations were ruled illegal. Neuville stated Minnesota law says cities have to allow any sign of any size during the campaign period. Outside of the campaign period there can be some restrictions applied to all signs. Narayanan inquired if the number of signs can be limited. Case noted commercial signs can be limited but not political signs. Klima stated Staff will do housekeeping related updates to the sign code to increase usability and provide more clarity. The objective is to bring the code into compliance on content neutrality, create sign code regulations specific to all zoning districts, organize and reformat to be user friendly, and to provide housekeeping updates. Staff will review surrounding cities updated sign code and engage with local community and business leaders for input. In regards to timing, there are multiple issues needing to be addressed and it would be a multi- year project to be completed in phases. The recommended sequence is content neutrality, sign regulations for zoning districts and new districts at the time a new district is established, and housekeeping and formatting. Narayanan inquired if there are standards for Americans with Disabilities Act (ADA) compliance for people who are color blind. Klima responded this is something they will review and inquire of professional organizations when updating the code. Klima stated lighting performance standards are also being considered. There are standards addressed in all development agreements regarding lighting. The amendment would be to include current practices in the policy documents. Items to be addressed include downcast, cut-off lighting fixtures and minimizing light spill onto adjacent properties. Case stated the senior residence off Hennepin Town Road has brought up some of these issues. The lights are shinning into the houses across the street. This type of issue should be resolved with updates. Klima stated Staff has conducted research because of this very issue. This property is currently in compliance, but the use of light-emitting diode (LED) lighting omits a different kind of light. Getschow noted the property did adjust their lighting on three different occasions to try to mitigate the issue. Freiberg noted there were many conversations with residents regarding this issue. Case added it may be an issue of how much light is City Council Workshop Minutes March 2, 2021 Page 4 needed around a building for safety purposes. Narayanan asked if it would be worthwhile to include a requirement for LED lighting. Klima responded developers have indicated LED lights are now the industry standard. Nelson inquired if downcast is the same as dark sky compliant. Klima replied it can be considered similar. Downcast is a move towards dark sky compliant. Case added it may be worthwhile to investigate any of the negative ramifications of being dark sky compliant. Klima stated another performance standard being considered is parking. The first aspect is the parking stall and drive aisle dimensions housekeeping change based on function, sustainability, and recent trends. There are frequent requests to reduce drive aisles. Also, current multifamily parking requirements are two stalls per unit. The change would be based on the type of multifamily unit such as studios, memory care, or senior living. A lot of current proposals include parking waiver requests. Another change would be to consider incentives related to parking for affordable housing. Case noted to be careful with changing parking requirements, specifically for commercial properties. The proof of parking alternative is preferable in case less parking does not work out. He likes the idea of less parking requirements for senior living and memory care buildings. Klima stated Staff is also looking at addressing parking requirements based on size of the retail center rather than tenant use for shopping centers. The intent is to simplify the parking requirements. Retail requirements are based on square footage, but restaurants are based on number of seats. The change would be to provide a more uniform parking metric. Case inquired if currently restaurants require more parking stalls by seat than by square footage. He stated parking can be problematic, and lack of parking could cause tension between retailers. Proof of parking would still be beneficial in case parking stalls need to be added at a later time. Klima noted a specific example of a development agreement requiring a mix of uses. Currently, if the building leans more towards one use, they may be required to go to the City Council for approval. Klima stated Staff are also considering addressing restaurant patios and providing parking requirements specific to outdoor dining areas. In regards to code maintenances, group usable open space (GUOS) is land area and facilities designated and developed for group recreation or social activities. The standard has been in place since 1969 and applies to multifamily buildings per unit metric. Development patterns have changed in Eden Prairie, and many developments are happening on smaller, infill sites. The update would be to still require GUOS, but to amend the Ordinance to reflect more recent development patterns and define the type of GUOS. Similarly, the gross site area per dwelling unit has been in place since 1969. The intent is to provide more land area as density increases. The current trend is increased density on smaller sites. Staff are looking to revise this to reflect current development trends. Currently, gymnasiums are not a defined use. It can be categorized differently, leading to inconsistencies. Staff is proposing to provide a definition of a gymnasium and to limit a gymnasium to a certain percentage of the building square footage. City Council Workshop Minutes March 2, 2021 Page 5 Planning Commission preferred to only provide a definition and to continue to allow up to 100 percent usage of a building. Freiberg inquired why the usage would be limited. Klima stated the intention was incentivize and allow gymnasiums at 100 percent in the flex service area. Freiberg stated it would be better to have a gymnasium occupy 100 percent of a building than for it to sit vacant. Nelson agreed. Klima stated as part of the other updates there will be housekeeping amendments. Kennels are a permitted use in Industrial districts. There would be clarification that treatment of animals is allowed as an accessary use in a kennel. There would also be an update to building material requirements for parking ramps. There would be a definition for public art to differentiate from signage. Administrative lot combinations would be limited to a specific number of original parcels. Getschow presented on the City code amendments related to the police department. The first amendment in regards to kennel licenses is to no longer require a private kennel license. People will be limited to no more than five dogs, cats, or a combination totaling five. More detail will be added to the Commercial Kennel License application process, adding conditions and restrictions. Freiberg inquired about the number selected. Five sounds like a lot. Weber added the rationale behind choosing the number five is because they could previously apply for a kennel license. Case noted residents would have to prove the amount of space if they applied. He does not mind eliminating the kennel license, but would prefer three cats or dogs or a total of five. Toomey asked how many private kennel licenses are in Eden Prairie. Christopher Wood stated an average of 12 to 15. Getschow added three total would eliminate some of the kennel licenses but still require a license for greater than three. Nelson added cats and dogs are different. There could be a mix. Getschow stated another amendment is to redefine the permitted firearm discharge area. All of the permitted area would be south of Flying Cloud Drive along the Minnesota River. The Ordinance would include a map showing the permitted area and permits from the City would not be required for US Fish and Wildlife land. US Fish and Wildlife could manage their land. Case stated he would like to have a discussion on banning discharge of a firearm in Eden Prairie. Getschow stated another amendment is to modernize the noise code to add leaf blowers, power trimers, and power saws. There would be exemptions for fairway and greens mowers used to maintain golf courses, parks, and other publicly owned property; City-owned ice rink maintenance equipment; and parking lot sweepers and street sweepers. Narayanan inquired about the amount of noise from speakers. Getschow replied this would be under the noise Ordinance and could be measured by decibel meters. Getschow stated lastly there is an amendment for garbage cans. Staff do not want to require screening, but want them to not be visible from the road. City Council Workshop Minutes March 2, 2021 Page 6 Open Podium - Council Chamber (6:30) II. OPEN PODIUM A. WAYNE ANDERSON – BAKER ROAD Wayne Anderson, 6625 Promontory Drive, stated he is against the proposed changes. The left turn lanes would be a disaster, especially across CSAH 62. B. MARY MARCH – BAKER ROAD Mary March, 13225 Cardinal Creek Road, stated they have not been many accidents. Highway ramps and businesses will be affected. If the changes are made there will be backups on the road. It doesn’t make sense for the community. She would like to see the process stopped. C. ROGER SWIGART – BAKER ROAD Roger Swigart, 13184 Cardinal Creek Road, stated there are other solutions to the speed limit. After several requests they received information from Hennepin County. The information indicates there were 22 accidents over a four year period of time. These are accidents of all types. About half could potentially be addressed with the lane change. The speed issue will not be addressed by decreasing the lanes. It is generally more dangerous to have a center turn lane. D. AL HANSON – BAKER ROAD Al Hanson, 6923 Rosemary Road, stated he has lived off the road for about 50 years. Currently the road is serving its purpose. There are traffic ramifications to decreasing the lanes and changing the left turn lane. The County process for public input has not been good. The County could restripe for one year as a trial and reevaluate after a year and make corrections if needed. Case stated he appreciates the comment made. Council and Staff have received a lot of other feedback as well prior to the Council meeting. III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MARCH 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. BAKER ROAD 2021 PAVEMENT MAINTENANCE AND RESTRIPING Getschow said representatives of Hennepin County are here virtually to give an update on the County’s 2021 pavement maintenance and restriping project along Baker Road. Emily Kettell and Chad Ellos, representing Hennepin County Transportation Planning, gave a PowerPoint presentation about the pavement maintenance project. Ms Kettell stated their presentation will give an overview and set out the goals of the project, describe the existing conditions, outline some of the benefits of a three-lane roadway, report some of the public feedback they have received, and describe the next steps for the project. Ms Kettell said the project will include pavement maintenance and restriping on Baker Road between Martin Drive and I-494. There will be pedestrian ramp upgrades and improved corridor safety and comfort for all modes of transportation. The goals of the project include preserving the existing roadway by upgrading the pavement surface, improving safety, reliability and comfort for all transportation uses, reducing crashes along the corridor, improving access for people walking and biking, and maintaining good traffic operations. She reviewed traffic counts on the various segments of the CITY COUNCIL MINUTES February 16, 2021 Page 2 roadway and noted there were 22 crashes from 2016-2019 on the segment from Pinnacle Drive to St. Andrew Drive. She elaborated on the benefits of a three-lane roadway. Mr. Ellos described the crash reduction features included in the improvements. He noted the majority of the 22 crashes that occurred were rear end or angle crashes which they would expect to be reduced or eliminated with a three-lane section of roadway. Ms Kettell explained the anticipated enhancements which included increasing the comfort of walking and biking by providing a buffer space between vehicles and the trail/sidewalks and providing flexible shoulder space. She then described the expected traffic calming effects from slightly narrower lane widths to calm traffic speed, a more predictable traffic flow, and eliminating swerving to change lanes. She noted the traffic volumes there are well below the congestion threshold for a three-lane section. Ms Kettell recounted in January Hennepin County staff completed extensive public engagement for the project including mailing postcards to 800+ residents and businesses within 500 feet of Baker Road. They received 125 comments from residents via phone, email and website with 62 preferring to move forward with the project, 56 preferring not to move forward, and seven neither for nor against the project. The concerns expressed included increased congestion, access to and from Baker Road, reduced ability to pass other vehicles, and a need for restriping. Mr. Ellos reviewed the next steps for the project. Hennepin County recommends moving forward with the four to three-lane conversion from Pinnacle Drive to St. Andrew Drive. The work is scheduled to be completed with the pavement preservation project this year. Case asked if they are still taking comments on the website. Ms Kettell replied the comment period continues and the website is still open. Nelson expressed concern about residents turning in and out of the residential areas after the conversion to a three-way roadway. She asked if this has been used in residential areas or just in commercial areas. She also asked if they have examples of similar conversions that have been successful. Mr. Ellos responded by citing several such conversions over the past 15-20 years including Park Avenue and Portland Avenues, Medicine Lake Road in Golden Valley and Douglas Drive in Crystal. Nelson noted having a speed limit of 40 MPH on the one-lane roadway may make it difficult for residents to get out of their neighborhoods. Toomey said she lived very close to Baker Road 11 years ago when the County tried to do a similar project. At that time, she received notification, but this time the neighborhood did not receive any notification. She would have hoped the County would do what they did last time in terms of notification and also would have liked them to hold a public meeting so people could talk about the project. She had a particular issue with the large volume of traffic that will be turning into Forest Hills CITY COUNCIL MINUTES February 16, 2021 Page 3 Elementary School twice a day which will cause traffic to be tremendously backed up on the side streets. Parents are dropping off and picking up their kids more nowadays. She was also concerned about bus traffic and would like to see any safety studies done for such three-lane roadways. She thought the main problem in the area is right-hand turns from Baker Road onto Hwy 62 and believed the majority of the accidents occurred there. People do not have to stop before turning onto Hwy 62, but many of them do. She noted there are no cross walks in the area they are discussing, and it would be a good idea to install those with signage. She stated right now she was not in favor of decreasing the roadway from four lanes to two with a turn lane. Narayanan noted he does not live close to this neighborhood; however, this is his third year on the City Council, and this project is one of the items he has heard the most about. Most of the responses he heard from people were that they don’t want to have the project done. He noted the County representatives stated there were 100,000 vehicles through that area, but Eden Prairie is also growing so every year that traffic figure will grow. He believed if you go from four lanes to three lanes, the traffic congestion will increase tremendously, and he was concerned that would lead to more accidents. He asked what the projected traffic growth will be in the next five to ten years because he didn’t think we would want to change the road every few years. He believed there should be more study done and more time allowed to understand where the residents are coming from; however, he felt like it sounded as if this is a done deal. He thought we should get more feedback because there are a lot of people not happy about this approach. Freiberg stated the County representatives mentioned receiving 125 responses from residents, and it was about a 50/50 split for and against. He displayed a stack of papers that represented 300 responses against the project. While they did meet the requirements with mailings about the project to 800 residents and businesses, there was not any sort of public meeting held. The County needs to understand where people are coming from. If the figures are true regarding vehicle counts of 100,000 vehicles on that stretch of roadway, then only 22 accidents in three years is not a very high number. He believed this project is going against what the people of Eden Prairie are saying. Case thought it was important to underscore this is a County roadway over which the County has decision making power. He did believe the various levels of government should get along, and the comments and discussion from the City of Eden Prairie is very valid. The Council Members are citizens and each of us has another role in life that we have in addition to serving on the City Council. We hire staff to help us with decisions, then we weigh what is in the data and what is in the anecdotal opinions. He believed the County wants to do the best for the City, but the City Council has an obligation to do what is right as the elected officials of Eden Prairie. If the data showed 90% efficacy, he would favor it; however, he didn’t think this is a 90/10 situation, rather it is more of a 52/48 split. He has driven that roadway every day and understands the positives and negatives of the situation. He was concerned about the residents who live along the roadway having difficulty exiting and entering onto Baker Road. CITY COUNCIL MINUTES February 16, 2021 Page 4 Case felt the lack of right turn lanes would stop everybody while vehicles make a right turn. There have been only 22 accidents in three years, and the County representatives said the changes will reduce those by 33-50%. He would like more statistics and more information about the 22 traffic accidents. He said he will side with the four other Council Members because he did not believe the gain was enough in the face of all of the public opposition. He believed if this were a 90/10 situation, it would be important to make the changes and then educate people about the change; however, this is not a 90/10 situation. He noted having traffic lights might make a difference, and the lanes should be relined. Case asked, if the decision is made to go ahead, could the project be run as a pilot project that would be looked at in a couple of years. If it did not work as well as the County anticipates, he would like to consider returning it to four lanes. Nevertheless, he was going to honor the opinions of the neighborhood and recommend the roadway stay as it is. Mr. Ellos said they were here to give the presentation, to judge your reactions and to gather feedback. He noted they don’t get a lot of detail on crashes that have occurred. They will take the feedback to their leadership for review. Case encouraged residents to continue to leave comments on the County website and email or phone the Council Members about the project. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Narayanan moved, seconded by Freiberg, to approve the agenda as amended. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, FEBRUARY 16, 2021 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 16, 2021 MOTION: Toomey moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, February 16, 2021, and the City Council meeting held Tuesday, February 16, 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 CITY COUNCIL MINUTES February 16, 2021 Page 5 B. AWARD CONTRACT TO GARLAND/DBS, INC. FOR FIRE STATION #1 ROOF REPLACEMENT C. AMEND THE CONSERVATION EASEMENT OVER OUTLOT A OF REEDER RIDGE D. APPROVE AGREEMENT WITH BOLTON & MENK FOR WILLOW CREEK ROAD BRIDGE REPLACEMENT FEASIBILITY DESIGN E. APPROVE PURCHASE OF CRACK SEALANT MATERIAL FROM MIDSTATES EQUIPMENT AND SUPPLY F. AWARD CONTRACT TO PEARSON BROTHERS, INC. FOR 2021 STREET SWEEPING PROJECT MOTION: Nelson moved, seconded by Freiberg, to approve Items A-F 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 A. 2021 CDBG FUNDS (Resolution No. 2021-22) Getschow said this item is an annual event where Eden Prairie allocates the CDBG funds used on programs for low to middle income families. These are federal funds, and there are a lot of reporting and monitoring requirements for use of the funds. He noted this is not related to the special COVID allocations. We take applications from area non-profits and have a staff committee that meets to evaluate all the applications for the CDBG dollars. He reported that the four public service activity groups that applied will receive amounts equal to their requests. He stated most of the funding goes to housing and administrative activities, such as the Housing Rehabilitation Deferred Loan and First Time Homebuyer programs. Case noted these are federal dollars so these are pass-through funds. The money allows us to fund activities we otherwise would not be able to fund. Janet Palmer, representing PROP, appreciated the opportunity to thank the Council for the funds the City allocates to PROP for housing support services, vehicle repair, and childcare programs. She reported their essential service operations stayed open during this challenging year. The situation of many Eden Prairie residents is dire. This year PROP has spent triple what is normally spent for help with mortgage payments. They are seeing a lot of people who have never used PROP before. Brenda Wolke, Executive Director of Homes Within Reach, reported her non-profit has added 16 affordable homes in Eden Prairie since 2005. Homes Within Reach leverages CDBG funding with state and county funds as they try to target homes that are in need CITY COUNCIL MINUTES February 16, 2021 Page 6 of repair. Many people can’t afford to live in this community, and her group tries to do the best they can for the homeowners. She appreciated the help of the partners in the City of Eden Prairie and noted it shows the City supports its workforce. Jon Burkhow, representing the HOME program, explained his public service non-profit helps adults 60 and older to stay in their homes. This has been a challenging year, especially for older adults. During the past year HOME employees have tried to continue to serve the older adults by such activities as driving around to people’s homes to deliver face masks. They are doing a lot of phone calls to check how people are doing and to suggest places that could provide help if needed. They have developed a new website, Minnesota Senior Centers, which offers free Zoom 101 classes. They hope to expand the website to help connect people. He thanked the Council for their partnership with HOME. Toomey asked the name of the website. Mr. Burkhow replied it is mnseniorcenters.org. MOTION: Freiberg moved, seconded by Toomey, to close the public hearing and to adopt Resolution No. 2021-22 approving the use of 2021 CDBG funds as recommended by the Eden Prairie Human Services Review Committee. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” Toomey noted her appreciation for the support this funding gives to non-profits. It is especially important now during the pandemic. Case added it is very important because we couldn’t do everything without their help. Narayanan reemphasized these are federal funds we can use to help the non-profits in our city. B. POLICE BODY-WORN CAMERAS Getschow said we have been looking into the acquisition of police body-worn cameras (BWC). By State law we are required to take public comment prior to finalizing the purchase the acquisition of the cameras. Police Chief Weber and Lieutenant Wood are here tonight to give a presentation. He stated the action tonight is to take public comment. Weber reported we currently have a system of squad cameras and intend to integrate the BWC’s into that system. They hope to bring back the contract to the Council with the best price soon. Wood gave a PowerPoint presentation about the Watchguard V300 BWC. He noted the Police Department’s current squad camera system is also made by this company. The BWC devices have a detachable battery if officers have to switch out batteries. The camera has a natural field of view which eliminates the fisheye effect. The data collected will be stored in a secure cloud network. They have worked with the IT Department to make sure this is the best option. Access to the data will be limited to people involved in the specific case. A period of time for public comment was offered CITY COUNCIL MINUTES February 16, 2021 Page 7 on the City’s website from February 8-21. The policy regarding use of the BWC’s is based on the League of Minnesota Cities model policy. They expect to purchase the equipment by mid-March and will train officers and records staff on the use of the cameras in May and June. Toomey asked how long the data will be retained. Weber replied it depends on to what it relates. In the case of a criminal act, it is seven years, while other acts have a reduced time of retention. Narayanan asked if the data is encrypted when it is stored. Weber replied it is encrypted on the company’s cloud website. Case asked for clarification of the proposed motion. Getschow responded it would follow the regular process to ask for comments and then close the public hearing. This is not the typical public hearing where we are required to give notice to residents. Neuville clarified the statute says that the governing body must receive public comment at an open meeting, and does not require public notice before hand. Case asked what happens after tonight. Getschow replied the Council will have authorized staff to negotiate, but the Council will take action at a future meeting to enter into the contract. Al Hanson, 6923 Rosemary Road, commented he was in the IT field for a number of years and was aware that companies come and go regularly. He asked if the data is protected if the data is moved from Company A to Company B. He also asked if the data retention policy has been determined. Wood replied the company itself is owned by Motorola, and we have a contract with them for protection of the data. The data retention is determined by State statute. Neuville added there will be a provision in our contract with the company that any time we wish to move the data they have to give us the data at no cost. MOTION: Narayanan moved to close the public comment period. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” X. PAYMENT OF CLAIMS MOTION: Toomey 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 A. FIRST AND SECOND READING OF ORDINANCE NO. 4-2021 AMENDING CITY CODE SECTION 2.23, SUBD. 3, RELATING TO MEMBERSHIP RANGE FOR HUMAN RIGHTS & DIVERSITY COMMISSION CITY COUNCIL MINUTES February 16, 2021 Page 8 Case noted the Council held a discussion about the membership range for the Human Rights & Diversity Commission when they interviewed commission applicants in February. MOTION: Narayanan moved, seconded by Nelson, to approve First and Second Reading of Ordinance No. 4-2021 amending City Code Section 2.23, Subd. 3, relating to the membership range for the Human Rights and Diversity Commission. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS A. 2021 COMMISSIONS Getschow explained the goldenrod sheet has one additional person for membership on the Heritage Preservation Commission. Case observed the City Council position is a part time one, so we depend on experts who can apply for membership on the commissions to advise us on their areas of expertise. Every January we put out the word to apply for commission membership. We then interview the applicants and appoint the members at the March Council meeting. MOTION: Nelson moved to appoint to the Flying Cloud Airport Advisory Commission Chilkunda Narendranath (community) with a term ending March 31, 2023; and Bob Barker (community) and Michael Lawrence (business rep) with terms ending March 31, 2024; Toomey moved to appoint to the Heritage Preservation Commission Steve Schumacher with a term ending March 31, 2023; and Robert Bowes, George Maxwell, and Paul Thorp with terms ending March 31, 2024; Narayanan moved to appoint to the Human Rights and Diversity Commission Samuel Griffin and Michael Mullins with terms ending March 31, 2023; and Greg Leeper, Sana Elassar, Asad Aliweyd, John Urbanski, and Susan Weaver with terms ending March 31, 2024; Freiberg moved to appoint to the Parks, Recreation & Natural Resources Commission Swati Kumar and Ashley Young with terms ending March 31, 2024; Nelson moved to appoint to the Planning Commission Ed Farr, Carole Mette, and Robert Taylor with terms ending March 31, 2024; Toomey moved to appoint to the Sustainability Commission Jeff Nobleza with a term ending March 31, 2023; and Emily Eddy, Cindy Hoffmann, and Aaron Poock with terms ending March 31, 2024. Seconded by Nelson. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” B. 2021 COMMISSION CHAIRS & VICE CHAIRS MOTION: Nelson moved to appoint Dan Dorson Chair and Andrew Kleinfehn Vice Chair of the Flying Cloud Airport Advisory Commission; Toomey moved to appoint CITY COUNCIL MINUTES February 16, 2021 Page 9 Pamela Spera Chair and Valerie Ross Vice Chair of the Heritage Preservation Commission; Narayanan moved to appoint Gregory Leeper Chair and Shahram Missaghi Vice Chair of the Human Rights and Diversity Commission; Freiberg moved to appoint Patrice Erickson Chair and Cecilia Cervantes Vice Chair of the Parks, Recreation and Natural Resources Commission; Nelson moved to appoint Andrew Pieper Chair and Ed Farr Vice Chair of the Planning Commission; Toomey moved to appoint Aaron Poock Chair and Priya Senthilkumar Vice Chair of the Sustainability Commission. Seconded by Freiberg. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” C. 2021 BOARD OF APPEAL AND EQUALIZATION Case explained the Board of Appeal and Equalization is a way for people to present questions they may have about their property assessments. This Board is made up of real estate professionals with extensive knowledge of the southwest metro area. Citizens make their appeal to the Council but these experts provide us with expertise in the area of real estate. MOTION: Nelson moved to appoint Lyndon Moquist; Toomey moved to appoint Eileen Canakes; Narayanan moved to appoint James Lawver; Case moved to appoint Nate Thompson; and Freiberg moved to appoint Kristin Rial to the Board of Appeal and Equalization for the period of March 1, 2021 through May 31, 2021, or until the Board of Appeal and Equalization completes its work. Seconded by Narayanan. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey, and Case voting “aye.” XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS CITY COUNCIL MINUTES February 16, 2021 Page 10 XVI. ADJOURNMENT MOTION: Narayanan 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 8:31 pm. - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 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 Temporary Liquor Organization: Eden Prairie Lions Club Event: Schooner Days Date: June 4-6, 2021 Place: Round Lake Park & EP Community Center Parking Lot 16691 & 16700 Valley View Road Temporary Liquor Organization: Eden Prairie Lions Club Event: Hometown Celebration Date: July 3-4, 2021 Place: Round Lake Park 16691 Valley View Road Temporary Liquor Organization: Eden Prairie Lions Club Event: Corn Feed Date: August 7, 2021 Place: Round Lake Park 16691 Valley View Road CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 16, 2021 DEPARTMENT / DIVISION: Greg Weber Police Department ITEM DESCRIPTION: Approval of Issuance of Three Lawful Gambling Premises Permits for Eden Prairie Hockey Association ITEM NO.: VIII.B. Requested Action Move to: Approve Resolution Approving Issuance of Three Premises Permits for Lawful Gambling to be Conducted by the Eden Prairie Hockey Association Synopsis The Eden Prairie Hockey Association (EPHA) recently approached the City regarding its desire to sell pull-tabs at one or more bars or restaurants in the City as a fundraising effort to help reduce the cost of fees, equipment, ice time, and other expenses for EPHA participants. In February 2021, the City amended City Code § 5.40 relating to lawful gambling to allow EPHA and other eligible organizations to conduct lawful gambling in the City without owning the premises. The Code limits lawful gambling to 6 premises in the City; there are currently no permitted premises on which lawful gambling is being conducted. Under state law, EPHA must obtain both an organizational license and a premises permit for each site from the statewide Gambling Control Board. A premises permit requires the approval of the local government in which the proposed site is located. EPHA has begun the process of applying for the necessary license and permits from the state, and has requested that the City approve the issuance of premises permits for three sites in Eden Prairie: Green Mill, Bowlero, and Champps. City approval is necessary before EPHA’s applications can be submitted to the Gambling Control Board. EPHA must still complete the full application process and obtain approval from the Gambling Control Board before any lawful gambling may occur at these sites. EPHA has met the requirements of City Code § 5.40 and staff recommends approval of issuance of the premises permits for Green Mill, Bowlero, and Champps. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021- A RESOLUTION APPROVING ISSUANCE OF THREE PREMISES PERMITS FOR LAWFUL GAMBLING TO BE CONDUCTED BY THE EDEN PRAIRIE HOCKEY ASSOCIATION WHEREAS, Eden Prairie Hockey Association is submitting applications to the Minnesota Gambling Control Board for approval of three Premises Permits to conduct lawful gambling at the following locations within the city limits of the City of Eden Prairie, Minnesota: Green Mill Eden Prairie 8266 Commonwealth Drive Eden Prairie, MN 55344 Bowlero Eden Prairie 12200 Singletree Lane Eden Prairie, MN 55344 Champps Kitchen & Bar 8010 Glen Road Eden Prairie, MN 55344 (the “Premises”); and WHEREAS, Eden Prairie Hockey Association will be responsible for operating and managing the lawful gambling activity on each Premises and must comply with all applicable requirements of state law and Eden Prairie City Code § 5.40. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota that, pursuant to Minnesota Statutes Section 349.213, subd. 2(1) and Eden Prairie City Code § 5.40, the City Council does hereby approve the issuance of Premises Permits to Eden Prairie Hockey Association to conduct lawful gambling at the three Premises described above and directs the City Clerk to certify a copy of this resolution for Eden Prairie Hockey Association for inclusion with the state applications. ADOPTED by the Eden Prairie City Council this 16th day of March, 2021. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 16, 2021 DEPARTMENT/DIVISION: Parks and Recreation / Community Center ITEM DESCRIPTION: Approve Purchasing Contract for Goods and Services with Life Fitness for replacing treadmills at Community Center ITEM NO.: VIII.C. Motion Move to: Approve the Purchasing Contract for Goods and Services with Life Fitness for the purchase of seven treadmills at the Community Center in the amount of $48,007.26 Synopsis Staff recommends entering into a Standard Agreement for Goods and Services with Life Fitness for the purchase of seven treadmills for the Community Center. The new treadmills will replace seven existing treadmills that have become costly to maintain due to high use and age. Background The current fleet of treadmills are the most heavily utilized fitness equipment at the Community Center. Strategic preventative maintenance is performed on all equipment in an effort to get optimal usage out of each piece. The treadmills proposed for replacement are breaking down more frequently; signaling that it is time to trade them in and purchase new equipment. Staff solicited multiple quotes from several vendors. Although each vendor is slightly different based on model and level of performance, the Life Fitness treadmill is most preferred because of specifications, level of capability and the usability by members. We currently have Life Fitness treadmills that members like the functionality of and are accustomed to using for the past five years. Vendor Brand/description Price per unit (base + console) Trade-in per unit Life Fitness Life Fitness Integrity treadmill with Discover HD 21" touchscreen console $6,999 $700 Johnson Fitness Matrix Performance treadmill with 16" touchscreen console $8,088 $415 Push Pedal Pull True TC900 treadmill with 16" envision console (larger base) $6,700 $500 Push Pedal Pull Precor TRM 885 Experience treadmill with 15" console (larger base) $8,700 $500 Push Pedal Pull Precor TRM 781 Experience treadmill with 15" console (smaller base) $7,423 $500 Recommendation The proposal from Life Fitness was the least expensive of the quotes presented to staff. Upon reviewing the proposal, staff recommends the purchase of seven new treadmills through Life Fitness. Attachment Purchasing Contract for Goods and Services 2017 06 10 Contract for Goods and Services This Contract (“Contract”) is made on the 16th of March, 2021, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and ___Life Fitness, whose business address is 9525 Bryn Mawr Avenue, Rosemont, IL 60018. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for the purchase of treadmills for the Eden Prairie Community Center hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by June 1, 2021. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $48,007.26, as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. The Vendor has designated Life Fitness staff to perform the Work. They shall be facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES] 6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both Standard Purchasing Contract 2017 06 01 Page 2 of 5 personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 10. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. GENERAL TERMS AND CONDITIONS Standard Purchasing Contract 2017 06 01 Page 3 of 5 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, Standard Purchasing Contract 2017 06 01 Page 4 of 5 disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of Standard Purchasing Contract 2017 06 01 Page 5 of 5 the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager VENDOR By: ________________________________ Its: _______________________________ Document Attachment Name Vendor Brand/description EPCCDSTIMSE3HD02112021rev03022021 LifeFitness LifeFitness Integrity treadmill with Discover HD 21" touchscreen console (premium console) Performance Series Treadmills - EP CC with quote Johnson Fitness Matrix Performance treadmill with 16" touchscreen console Eden Prairie Com Ctr - True TC900 - 23 Push Pedal Pull True TC900 treadmill with 16" envision console (larger base) Eden Prairie Com Ctr - Precor TRM 885 - 23 Push Pedal Pull Precor TRM 885 Experience treadmill with 15" console (larger base) Eden Prairie Com Ctr - Precor TRM 781 - 23 Push Pedal Pull Precor TRM 781 Experience treadmill with 15" console (smaller base) Number of treadmills priced in quote Price per tread Price per console Price per unit (base + console) Trade-in per unit 23 $4,000 $2,999 $6,999 $700 6 $8,088 included $8,088 $415 23 $4,900 $1,800 $6,700 $500 23 $8,700 included $8,700 $500 23 $7,423 included $7,423 $500 Total (including freight/installation, minus trade-in Notes $155,165.92 Price per tread and console is the same when buying fewer than 23 $46,718 Approximately $175,000 for 23 treadmills, including trade in value being deducted $152,680 Price per unit will increase as number of unit purchased decreases $197,730 Price per unit will increase as number of unit purchased decreases $168,205 Price per unit will increase as number of unit purchased decreases CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 16, 2021 DEPARTMENT/DIVISION: Mary Krause Public Works/Engineering ITEM DESCRIPTION: I.C. 21804 Award Contract for 2021 Concrete Supply to AVR, Inc. ITEM NO.: VIII.D. Requested Action Move to: Award the Contract for the 2021 supply of concrete to AVR, Inc. at the unit prices as indicated in the quote summary. Synopsis Quotes were received on March 3, 2021 for the 2021 supply of concrete required to perform annual street maintenance projects including curb repair and replacement. Three quotes were received. The quote summary is: AVR, Inc. $66,900.00 Cemstone Products Company $74,350.00 Rivers Edge Concrete $86,994.50 Background Information The low quote for the different concrete mixes is from AVR, Inc. The concrete is purchased on a per cubic yard basis based on the quantity required to perform maintenance needs. Attachment Contract Contract for Goods and Services This Contract (“Contract”) is made on the _____day of______________, 2021, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and AVR, Inc., a Minnesota Corporation (hereinafter "Vendor") whose business address is 14698 Galaxie, Avenue, MN 55124. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for 2021 Supply of Concrete hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by November 12, 2021. 3. Compensation for Services. City agrees to pay the Vendor $122/C.Y. of 3F52 Mix, $120/C.Y. of 3F52F Mix and $132/C.Y. of 3HE52 Grade F Mix, as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 6. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. Standard Purchasing Contract 2017 06 01 Page 2 of 5 b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 7. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 8. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 9. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 10. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 11. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 12. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. Standard Purchasing Contract 2017 06 01 Page 3 of 5 GENERAL TERMS AND CONDITIONS 13. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 14. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 15. 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. 16. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 17. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 18. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 19. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 20. 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. 21. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. Standard Purchasing Contract 2017 06 01 Page 4 of 5 22. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 23. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 24. 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. 25. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 26. 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. 27. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as Standard Purchasing Contract 2017 06 01 Page 5 of 5 defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 28. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager VENDOR By: ________________________________ Its: _______________________________ QUOTE FORM I.C. 2 I 804 202! CONCRETE SUPPLY The undersigned understands that each item may be awarded separately and that if the bid price is accepted, he is to furnish the materials as specified previously and at the unit bid price until November 13, 2020. All bid prices shall be inclusive of all fuel surcharges, environmental fees and applicable sales tax. 2 3 MN/DOT 2461 Concrete Mix 3F52 MN/DOT 2461 Concrete Mix 3F52F (with flyash) MN/DOT Ready Mixed Concrete 3!-IE52 Grade F Concrete Short Load Charge (less than 3 cubic yards) 11 ,.. ,··1 ·"" _ __,_l.-1�, _\,,__.t__,_t ,:_, .• -�·•=J�t\<! -� ·· FIRM Est. Qty. 150 Cubic Yards $ 350 Cubic Yards $ 50 Cubic Yards $ [/ ______ J�t __ ]·t:<(f.,,.�_f;�:�:-_________ '=t ,..l�---------A U't!-IORIZED SIGNATURE } ADDRESS TELEPHONE Unit Price EXHIBIT A CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 16, 2021 DEPARTMENT/DIVISION: Rick Wahlen Public Works/Utilities ITEM DESCRIPTION: Approve Construction Contract with HydroCorp, Inc., for the Removal and Reinstallation of New Cellular AMI Water Meters ITEM NO.: VIII.E. Requested Action Move to: Approve Construction Contract with HydroCorp, Inc. in the amount of $149,659 for the Removal and Reinstallation of New Cellular AMI Water Meters. Synopsis Requests for Proposal were submitted to two qualified water meter installation companies for the replacement of up to 1,900 water meters throughout the city. Midwest Testing declined to offer a proposal, leaving HydroCorp as the sole proposer. HydroCorp is thoroughly qualified to perform the work and provided a very competitive bid. Staff recommends approval of the contract. Background Information Eden Prairie’s water meters at residential and commercial locations were last installed in the late 1990s/early 2000s, and the batteries powering the transmitters are becoming too weak to provide reliable billing data to our remote system. Public works has decided to perform a smaller meter replacement pilot project to verify the methodology of public communication, education, and making appointments before attempting a city wide renewal effort. This contract is with a firm that specializes in public notification, providing customer education, scheduling appointments, and performing meter replacements and cross connection surveys. This project was financially planned in the water utility Capital Improvement Plan. Attachment Construction Contract 2018 08 01 Construction Contract This Contract (“Contract”) is made on the _16th_day of _March_, 20_21_, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _HydroCorp, Inc._, a Michigan _corporation_(hereinafter "Contractor") whose business address is_5700 Crooks Road, Suite 100, Troy, Michigan 48098_. . 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 _the Removal and Reinstallation of New Cellular AMI Water Metering Systems_ hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by _March 15, 2023_. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $_149,659_ 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 17 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 17 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 17 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; Standard Construction Contract 2018 08 01 Page 5 of 17 f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor’s expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds Standard Construction Contract 2018 08 01 Page 6 of 17 shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN $175,000] 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall Standard Construction Contract 2018 08 01 Page 7 of 17 deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. Standard Construction Contract 2018 08 01 Page 8 of 17 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 non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate Standard Construction Contract 2018 08 01 Page 9 of 17 of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the Standard Construction Contract 2018 08 01 Page 10 of 17 services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 25. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to Standard Construction Contract 2018 08 01 Page 11 of 17 termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. Standard Construction Contract 2018 08 01 Page 12 of 17 35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 37. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 38. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract. Executed as of the day and year first written above. Standard Construction Contract 2018 08 01 Page 13 of 17 CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: ________________________________ Standard Construction Contract 2018 08 01 Page 14 of 17 EXHIBIT A: SCOPE OF WORK The scope of services to be provided by the meter installation contractor for the replacement of up to 1,900 residential water meters at specific addresses selected by the City will include the following requirements: GENERAL PROJECT EXPECTATIONS: A. Contractor must devise a postal notification letter approved by City staff to inform water customers of required meter replacement during a specific date range specified in the letter. Letter must be approved by the City to use by the contractor. Notification letter must include advising owner/occupant of temporary water disconnection and responsibilities of owner for providing unobstructed access to within 5 feet surrounding the existing water meter as well as access to the sump basket and the water softener (if any). B. Contractor must devise and host a dedicated website page for setting appointments with water customers at specific intervals during normal business hours. Water customers must have access to schedule their own appointments via a free and secure appointment website system. Website link must be presented on postal notices and City website. C. Contractor must provide designated City staff with online access to the live appointment schedule system described in B. D. Contractor must send postal notification letters to designated water customer addresses to ensure necessary meter replacement appointments are confirmed. E. Contractor must make 2 to 3 attempts to establish an appointment for meter replacement at each address. Definition of attempts: a. 1st Postal Notice b. 2nd Postal Notice or door hangar or both c. 3rd Postal Notice d. Subsequent direct outreach attempts will be made by the City. Once the City successfully contacts the customer, scheduling will be completed by the Contractor. F. Contractor must provide full-time Toll Free 800 number phone support for customer questions and appointment requests by Contractor’s administration staff. Direct phone contact to Contractor staff will be available during normal business hours, five days per week excluding holidays. An after-hours call center or message service must be available to accept, manage, and respond to customer phone calls within 24 hours. G. Contractor must host a dedicated website page(s) for providing educational materials to assist water customers in their understanding of the project and their responsibilities. All educational material must be approved by the City. Standard Construction Contract 2018 08 01 Page 15 of 17 H. Contractor must provide a dedicated web page describing its COVID-19 preparedness and response plan, its Personal Protective Equipment (PPE) policy, and a detailed description of a technician’s Coronavirus safety practices while performing a meter replacement. I. Contractor must document in electronic format relevant identification numbers and meter readings of each existing and new meter installed as well as any other data that may be required by LOGIS in the format specified by LOGIS and the City. Each digital record must include a digital image of the old meter installation (depicting the condition of the pre-replacement condition of the assembly and including any pressure reducing valves, if any), a close-up photo of the meter register including a clear image of the meter serial number and meter reading, and an image of the endpoint radio transmitter showing clearly the serial number of the device. Similarly, photos must be electronically uploaded showing the new meter installation, serial numbers of all meter assembly components, and the initial meter reading. J. Contractor must provide to the City all necessary billing data collected during the meter installation in a format directly importable into the LOGIS database and at a frequency requested by the City. K. Contractor must install new water meter, associated fittings and gaskets as provided by the City’s project supplier. L. Contractor must obtain any necessary activation keys (FOBs/sparkers) in sufficient quantities from the water meter supplier. M. Contractor must verify activation of each meter installed, re-establish water supply and ensure the customer has full water pressure by operating and observing flow from the nearest water tap for no less than 30 seconds. N. Contractor must digitally record the GPS location of each water meter installed and provide the coordinates to the City in the format required. O. Contractor must respond to reported leaks at the meter junction or service control valve within 24 hours (Monday-Friday) after the incident has been reported to the City or to the Contractor’s call-center. P. Contractor must provide for the collection and separation of all removed metering equipment at a salvage site on City property. Meter assemblies will be separated into three bins provided by the City; one bin for brass meter bodies, one bin for non-mercury endpoints, and one bin for endpoints containing mercury components. Contractor will clip the wires between the registers and the endpoints, remove the register from the meter and dispose of the registers into a dumpster provided by the City. Q. As an alternate solution to replaced meter assembly disposal, at the City’s option, Contractor will provide at no additional cost all savage of removed meter equipment Standard Construction Contract 2018 08 01 Page 16 of 17 without City involvement. Contractor will bear all costs associated with disposal and retain any proceeds from scrap-metal salvage. City property may be made available for a collection site if requested by the Contractor and coordinated in advance of submitting the proposal. R. Contractor must arrange with the meter equipment supplier sufficient quantities of materials and supplies to sustain daily operations without additional support from the City. Contractor must retrieve new meters, fittings and gaskets from the City’s supplier and maintain all operational inventories. S. Contractor must provide ongoing meter replacement status reporting during the contract period in a manner agreeable to the City. T. Contractor must record the type of water service material entering the building and the size of the pipe. U. Contractor must document the presence of a pressure reducing valve. CROSS CONNECTION CONTROL SURVEY SCOPE: Contractor must survey each address where meters are replaced for potential cross-connection risks. A. Contractor must document and inventory all testable backflow prevention assemblies during the on-site survey. Contractor must record the data in preparation to manage the tracking and future inspections and testing of these devices should the City decide to undertake a residential cross-connection control program at a later date. All data collected will be the property of the City. B. Contractor must inventory and document all existing backflow prevention devices and pressure reducing valves within the plumbing system for proper installation. This includes exterior irrigation plumbing systems. C. Contractor must inquire about, look for evidence of, and record the presence of any private wells found and determine if there is any cross-connection potential to the potable drinking water supply. Private wells must be reported to the City. D. Contractor must provide a report of all homes with sump pumps. The report must specify if the systems are plumbed correctly in accordance with the state plumbing code. E. Contractor must provide a report of all homes with water softeners and verify the proper plumbing of the brine discharge. The report must specify if the softener is a timer-controlled system or demand-based regeneration system. Contractor must provide the property owner with a City-supplied water softener education brochure. Standard Construction Contract 2018 08 01 Page 17 of 17 F. Contractor must provide to the City a report for each non-compliant property informing the City of installation requirements or required corrective action. Specific plumbing code reference and written corrective action recommendations must be included for each non-compliant address. G. Contractor must document a degree of hazard and appropriate future re-survey frequency upon completion of each survey. H. Contractor must provide to the City a comprehensive report by address and a summary of all cross-connection surveys completed with compliance status in a format exportable to Microsoft Excel. Records must also be accessible via secured website. I. Contractor must provide a full-time employed individual, or individuals to oversee the project with American Society of Sanitary Engineering credentials (ASSE) 5120 and 5150. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 16, 2021 DEPARTMENT/DIVISION: Rick Wahlen Public Works/Utilities ITEM DESCRIPTION: Approve Contract with Metering Technology Solutions, Inc. for New Cellular AMI Water Meters ITEM NO.: VIII.F. Requested Action Move to: Approve Contract with Metering Technology Solutions, Inc. in the amount of $174,550.50 for New Cellular AMI Water Meters. Synopsis Requests for Proposal were submitted to four water meter materials vendors to supply the city’s water meter replacement pilot project. The tabulation of proposals follows: COMPANY PROPOSED COST QUALIFIED 1 Dakota Supply Group $228,087.60 No 2 Midwest Meter $199,080 Yes 3 Hydro Specialties Company $199,032.12 Yes 4 Metering Technology Solutions $174,550.50 Yes Metering Technology Solutions provided a proposal for a system that met 100% of the evaluation criteria at the least cost. Staff recommends acceptance of their proposal. Background Information Eden Prairie’s water meters at residential and commercial locations were last installed in the late 1990s/early 2000s, and the batteries powering the transmitters are becoming too weak to reliably broadcast billing information to our remote data collection system. Public works has decided to perform a smaller meter replacement pilot project to verify the whole breadth of the installation effort as well as the performance of the new cellular meter system before arranging a change-out of all of the city’s 18,538 residential water meters. This contract is for the supply of the water meter components for the pilot project to be installed by a separate firm. This purchase of these water meter systems is included in the water utility Capital Improvement Plan. Attachment Contract 2017 06 10 Contract for Goods and Services This Contract (“Contract”) is made on the _16th_day of_March_, 20_21_, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and __Metering Technology Solutions, __, a Minnesota _corporation_(hereinafter "Vendor") whose business address is_12016 Riverwood Drive, Bursnville, MN 55337_. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for _the replacement of water meters at specific locations in Eden Prairie’s water meter pilot replacement project area_ hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide 711 Badger water meter assemblies consisting of the following components: Badger Recordall meter Model 25 bronze, Badger 8 dial high resolution encoder, Badger Orion cellular LTE-M/LTE-MS endpoint, and all necessary parts and supplies for installation. Vendor agrees to provide warehousing for the materials in sufficient quantities to satisfy the installation schedule of the installation contractor throughout the duration of the project. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by _March 15, 2022_. 3. Compensation for Services. City agrees to pay the Vendor [a fixed sum of $_174,550.50_] as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. The Vendor has designated _Steven and Joe Mereness_to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES] 6. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Standard Purchasing Contract 2017 06 01 Page 2 of 7 7. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 10. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 11. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 12. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. Standard Purchasing Contract 2017 06 01 Page 3 of 7 13. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. GENERAL TERMS AND CONDITIONS 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Standard Purchasing Contract 2017 06 01 Page 4 of 7 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the Standard Purchasing Contract 2017 06 01 Page 5 of 7 City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager VENDOR By: ________________________________ Its: _______________________________ Standard Purchasing Contract 2017 06 01 Page 6 of 7 EXHIBIT A: SCOPE OF WORK Contractor will provide to the City an advanced metering infrastructure (AMI) solution meeting the following specifications: 1. AMI solution must include a customer engagement web portal and a smartphone app allowing the customer to set consumption limits, receive alerts, and manage water use via Android or IoS smartphones. 2. AMI solution includes the provision of meters, endpoints, head end system and a consumer portal all manufactured or developed and supported by the same company. 3. AMI solution includes the capability to upgrade existing installed water meters in good condition using the same endpoint without the need for additional parts or installation cost. 4. All meter housings for this project must be made of metallic materials. 5. Water meters proposed for this project must meet appropriate AWWA Standards, comply with the lead-free provisions of t Safe Drinking Water Act, and be certified to NSF/ ANSI Standards 61 and 372. 6. Meters must be fully tested for accuracy at manufacture and each meter test result must be provided to the City. 7. AMI solution must be provided with an encoder that meets the following requirements: a. The encoder must not contain batteries or rely on battery power to register consumption. b. The encoder must provide a minimum of 8-digit non-contact electromechanical odometer wheels. c. The encoder must have a lid that closes to protect the encoder face. d. Each encoder must be factory programmed and must not require field programming. e. The encoder display must include a visual leak indicator. 8. AMI solution must include an endpoint that meets the following requirements: a. The endpoint shall provide at a minimum 128-bit encryption two-way communication with all authorized systems and devices. b. The endpoint shall collect synchronized reads from the meter/encoder at the beginning of each hour and every 15 minutes. c. A single endpoint must be available for all meter installation options for this project. d. The endpoint must include an inline connector as a standard to eliminate potential installation wiring mistakes. e. The endpoint must not require field programming. f. The endpoint must store a minimum of 40 days of 15-minute interval data. g. The endpoint must collect, store, and transmit data minimally every 15 minutes from the meter encoder while maintaining a 20-year product life without the need for battery replacement. h. The endpoint must support over-the-network firmware updates without the need for IR or local updates. i. The endpoint must be constructed to protect the electronics from harsh environments and to withstand being submerged for any amount of time without damage to the endpoint function. Standard Purchasing Contract 2017 06 01 Page 7 of 7 j. The endpoint must have two-way communication capabilities with the head end system. k. The endpoint must have a minimum of a 20-year warranty (10 years full/10 years prorated.) l. The endpoint must be capable of being read via mobile reading system if required. 9. AMI solution must offer a head-end system designed and maintained by the meter manufacturer which includes the following requirements: a. Head end system has the capability to set up and analyze water loss from District Metering Areas (multiple separate addresses). b. Head end system is able to create AND SAVE ad-hoc user-created account groups/filters on a per user basis. c. Head end system is able to identify unauthorized usage on marked accounts, is able to configure high or low usage parameters and identify accounts which are outside the parameters. d. Head end system is able to identify meters with probable leaks as well as no-usage for a period of 30 days. e. Data can be automatically synchronized between the head-end and the utility billing system. f. Head end database runs on an open-source database and therefore does not require licensing. g. Head end system software is capable of defining a report without exporting the information to a third-party report writer. h. Head end system provides a per-user, user customizable dashboard. i. Head end system supports at least 50 concurrent users. j. Head end system does not require any third-party licensing. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 16, 2021 DEPARTMENT/DIVISION: Rick Wahlen Public Works/Utilities ITEM DESCRIPTION: Approve Professional Services Agreement with HTPO for Engineering Services for Rehabilitating the Regional Center Road Water Main ITEM NO.: VIII.G. Requested Action Move to: Approve Professional Services Agreement with Hansen Thorp Pellinen Olson, Inc. (HTPO) in the amount of $25,650 for Engineering Services in Support of Rehabilitating the Regional Center Road Water Main. Synopsis Approximately 500 feet of the water main within Regional Center Road requires a repair project valued at an estimated $200,000 or more, necessitating the need for the development of plans and specifications by a qualified engineer. Background Information Regional Center Road between Flying Cloud Drive on the east and Prairie Center Drive on the west has experienced multiple water main failures over the years, revealing a set of unique environmental circumstances that continually lead to ongoing corrosion failure of the ductile iron pipe. The west-half of Regional Center Road has been identified as the area needing significant rehabilitation or replacement, and HTPO was contacted to prepare a proposal for design and bidding of the project. The attached proposal serves as Exhibit A, and staff recommends approval of a professional services agreement with HTPO. Project funding will come from the water utility capital improvement budget as well as the water distribution maintenance budget. Attachments Agreement Exhibit A (Scope of Work) 2017 06 01 Version 2017 06 01 Agreement for Professional Services This Agreement (“Agreement”) is made on the _16th_ day of _March , 20_21 , between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Hansen Thorp Pellinen Olson, Inc. (HTPO)_ (“Consultant”), a Minnesota _corporation_ (hereinafter "Consultant") whose business address is _7510 Market Place Drive, Eden Prairie, MN 55344_. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for _civil engineering services for the rehabilitation of approximately 500 feet of the Regional Center Road water main_ hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A ( Scope of Services ) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from _March 16, 2021_ through _November 30, 2021_ the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $_25,650_ for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. Page 2 of 10 2017 06 01 b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such Page 3 of 10 2017 06 01 documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. Page 4 of 10 2017 06 01 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 10. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 11. Insurance. a. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Page 5 of 10 2017 06 01 Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Professional Liability Insurance. In addition to the coverages listed above, Consultant shall maintain a professional liability insurance policy in the amount of $2,000,000. Said policy need not name the City as an additional insured. It shall be Consultant’s responsibility to pay any retention or deductible for the professional liability insurance. Consultant agrees to maintain the professional liability insurance for a minimum of two (2) years following termination of this Agreement. e. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. h. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. j. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Page 6 of 10 2017 06 01 Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. k. Consultant agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. l. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. m. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days’ prior notice to the City. n. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. o. A copy of the Consultant’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant’s Work. Upon request a copy of the Consultant’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City’s right to enforce the terms of Consultant’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. p. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to Page 7 of 10 2017 06 01 the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request Page 8 of 10 2017 06 01 for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the Page 9 of 10 2017 06 01 provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to Page 10 of 10 2017 06 01 examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONSULTANT By: Its: EXHIBIT A 7510 Market Place Drive Eden Prairie, MN 55344 Phone: 952-829-0700 Fax: 952-829-7806 www.htpo.com HANSEN THORP PELLINEN OLSON, INC. February 18, 2021 Rick Wahlen City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Regional Center Road Watermain Rehabilitation Dear Rick, HTPO is pleased to provide this proposal for land surveying and civil engineering services for the Regional Center Road Watermain Rehabilitation project. Per our discussions with John Carlon, it is our understanding that a segment of existing watermain (~500 feet) located within Regional Center Road between Flying Cloud Drive and Commonwealth Drive is to be rehabilitated using a cured-in-place liner. The proposed improvements also include replacing two fire hydrants located in the boulevard on the north side of Regional Center Road. SCOPE OF SERVICES We propose to provide the following services: A. Boundary and Topographic Survey Boundary and topographic survey of the Regional Center Road for the project area described above including the following items: • Survey of hydrants and gate valves. • Portrayal of underground utilities based upon a Gopher State One Call (GSOC) request, mapping provided by utility operators, and field survey of marked utilities. • Identify existing right of way lines and easements per data available from the Hennepin County RecordEase system. • Pavement, curb, and other site features will be based off of aerial imagery only. • Contour data will be based off of City LiDAR data. • Rim and invert of public utility structures will be based off City GIS and as-built data. B. Preliminary Design Includes preliminary design documents, including a watermain lining plan with removals/restoration and temporary erosion & sediment control, a traffic control plan, and construction details. Our scope also includes a preliminary cost estimate and coordination with Hennepin County for work adjacent to Flying Cloud Drive. We are not anticipating the need for temporary construction easements, but we will determine if any temporary easements are required. Includes up to 4 hours for meetings. City of Eden Prairie – Regional Center Road Watermain February 18, 2021 Page 2 C. Construction Documents Includes final design drawings for contractor bidding based on the preliminary design plans incorporating City review comments along with specifications. Our scope includes a final engineer’s estimate, Riley Purgatory Bluff Creek Watershed (RPBCWD) permit submittal, and County review submittal. Includes up to 4 hours for meetings. D. Bid Administration Includes plan distribution, answering contractor’s questions, attendance at bid opening, review of bids and tabulation, and letter of recommendation for award. ASSUMPTIONS • Analysis of different alternatives for watermain rehabilitation is not included. • Survey work is to be performed in non-winter conditions per the schedule described below. • Tree replacement will not be required. • Roadway improvements will not be required. • Project funding is exclusively by the City of Eden Prairie. • Submittal to the RPBCWD (Rule C-Erosion Prevention and Sediment Control only) will be required. • MPCA stormwater permit and a SWPPP will not be required (less than one acre of disturbance is assumed). • Wetland delineation will not be required. • Geotechnical services will be by others, if needed. • Permanent easements will not be required. • If directed by the City, we will provide a separate proposal fee for the development of temporary construction easement documents if determined the documents are required. • If directed by the City, we will provide a separate proposal fee for construction administration following the bid administration phase. SCHEDULE We will begin our scope of work within two weeks of receiving authorization to begin. We assume all work will be performed in 2021. Being the boulevard areas are full of snow, we propose to complete the survey field work described in Scope of Service A above following the snowmelt in spring. It our understanding that the City is anticipating to begin construction in late Spring / early Summer 2021. The tentative construction date will be dependent on receiving permit approval from the Watershed; the permit application is due no less than 30 business days prior to the Watershed Board meeting. COMPENSATION Compensation for those items described in the Scope of Services above are estimated as follows: Total Fees and Expenses $ 25,650 City of Eden Prairie – Regional Center Road Watermain February 18, 2021 Page 3 PAYMENT Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct personal expense, and reimbursable expenses incurred (printing, courier, and other out- of-house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We invoice our services monthly payable within 30 days. We appreciate this opportunity to be a resource to you and we look forward to working with you on this project! If you have any questions or need additional information please do not hesitate to contact us. Sincerely, HANSEN THORP PELLINEN OLSON, INC. Adam Pawelk, P.E. Aaron Carrell, P.E. Project Manager Officer Cc: John Carlon CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: March 16, 2021 DEPARTMENT/DIVISION: Rick Wahlen Public Works/Utilities ITEM DESCRIPTION: Approve Change Order to the Construction Contract for the Ground Storage Reservoir and Pump Station in the amount of $81,609.48 ITEM NO.: VIII.H. Requested Action Move to: Approve Change order in the amount of $81,609.48 for the Construction of the City’s Ground Storage Reservoir and Pump Station. Synopsis Subsequent to delays caused by unforeseen soil conditions which pushed the start of the concrete storage tank from September 2019 to May of 2020, direct tank construction costs increased by $18,000. The required soil modifications contributing to the delay cost an addition $23,000, and another 9 lesser modifications listed in the attached change-order document comprise the remainder of the project adjustments. Background Information The city’s new drinking water storage facility designed to resemble Eden Prairie’s historic railroad depot began construction in early summer of 2019 on a former MnDOT soil collection site. The project was designed over a period of about 3 years in a very thoughtful and deliberate manner. Despite a number of unknown conditions that were revealed as the construction progressed, most changes were achieved without additional cost, resulting in a total change-order value, including this request, of less than 2% of the overall contract. This change-order is easily accommodated in the project budget for this facility. Attachment Change-Order Document Change Order No. 2 Date of Issuance: 02/02/21 Effective Date: 02/16/21 Owner: City of Eden Prairie Owner's Contract No.: Contractor: Rice Lake Construction Group Contractor’s Project No.: 1913-16 Engineer: AE2S Engineer's Project No.: P02009-2018-000 Project: Ground Storage Reservoir and Pump Station Contract Name: The Contract is modified as follows upon execution of this Change Order: Description: See attached summary of items. (WO2 through WO12) Attachments: [List documents supporting change] CHANGE IN CONTRACT PRICE Original Contract Price: $ 7,957,353.00 CHANGE IN CONTRACT TIMES [note changes in Milestones if applicable] Original Contract Times: Substantial Completion: Ready for Final Payment: days or dates [Increase] from previously approved Change Orders No. 1 to No. : $ 63,868.00 [Increase] [Decrease] from previously approved Change Orders No. to No. : Substantial Completion: Ready for Final Payment: days Contract Price prior to this Change Order: $ 8,021,221.00 Contract Times prior to this Change Order: Substantial Completion: Ready for Final Payment: days or dates [Increase] of this Change Order: $ 81,609.48 [Increase] [Decrease] of this Change Order: Substantial Completion: Ready for Final Payment: days or dates Contract Price incorporating this Change Order: $ 8,102,830.48 Contract Times with all approved Change Orders: Substantial Completion: Ready for Final Payment: days or dates RECOMMENDED: ACCEPTED: ACCEPTED: By: By: By: Engineer (if required) Owner (Authorized Signature) Contractor (Authorized Signature) Title: Title Title Date: Date Date EJCDC® C-941, Change Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 Manager, Utilities February 10, 2021 Eden Prairie GSR 2/2/2021 2/2/2021 Change Order No. 2 Items Pay App Item Description Amount ($)Notes: WO2 COP-002 Eartwork Modification T&M $23,380.48 Generator pad and road turnaround peat correction. WO3 COP-003 GSR Manway Size Adjustment $3,633.00 Increase GSR sidewall hatch diameter from 24" to 32" for improved access for maintenance. WO4 COP-004 Utility Modifications Field Order $5,234.00 Additional piping field work due to encountering of encasement on existing 16" watermain and a building sewer connection adjustment. WO5 COP-005 Composite Decking Change $7,449.00 Revised materials and system for composite decking. WO6 COP-007 Additional Pipe Supports $10,797.00 Additional pipe supports for thrust restraint of pump discharge piping. WO7 COP-008 Infiltration Basin Modifications -$450.00 Modifications to infiltration basin piping. WO8 COP-010 Exterior Sign Lighting $1,038.00 Modifications to exterior sign lighting. WO9 COP-011 Preload Delay Materials Escalation $18,576.00 Material escalation for Preload due to encountering poor soils in fall of 2019 resulting in a later mobilization date for Preload. WO10 COP-012 Eliminate Door Cores -$118.00 Elimination of door cores/locks from project. Supplied separately by Owner's lock supplier. WO11 COP-013 Covered Walkway Roofing Mods $10,875.00 Modifications to covered walkway roofing system for drainage. WO12 COP-014 LP1 Modifications $1,195.00 Lighting panel circuit modifications. Total $81,609.48 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE March 16, 2021 DEPARTMENT / DIVISION Administration Rick Clark, Facilities ITEM DESCRIPTION Community Center LED Lighting ITEM NO. VIII.I. Requested Action Move to: Award Contract for the purchase of material for Community Center LED lighting project to Johnson Controls Inc. in the amount of $185,838 Move to: Award Contract for the installation for the Community Center LED lighting project to Johnson Controls Inc. in the amount of $202,235 Synopsis Xcel Energy provides rebates for LED upgrades for this project expected to total $43,692 Project total = $388,073 Xcel Rebate = $43,692 Project Net Cost = $344,381 Minnesota Statutes Section 471.345, subdivision 15, permits the City to contract for the purchase of supplies, materials, or equipment without regard to competitive bidding requirements if the purchase is through a cooperative created by a joint powers agreement that purchases items from more than one source on the basis of competitive bids or competitive quotations. The City participates in a cooperative purchasing program called Sourcewell, formerly the National Joint Powers Alliance, which is a service cooperative created by Minnesota law and authorized to establish competitively awarded purchasing contracts on behalf of its participating entities. In 2017, Sourcewell competitively bid and awarded a contract to Johnson Controls, Inc. for HVAC systems, installation, and service with related products and supplies. As a participating entity, the City will use this Sourcewell contract with Johnson Controls for the purchase and installation of LED lighting and controls at the Community Center. Use of the cooperative purchasing contract enables the City to save time and money for purchases of equipment and installations under price terms already negotiated by Sourcewell. Background As part of the 2021 Capital Improvement Plan and Eden Prairie’s sustainability initiative Facilities staff worked to provide a solution for upgrading the lighting to LED’s at the Community Center. Providing a large decrease in electrical usage the return on investment is estimated at 6 years with a possible energy savings of up to $58,000 annually. This project includes installation of motion sense light activation in multiple areas to further increase the savings possibility. Attachments Standard City Contract for Goods and Services with Johnson Controls Inc. Standard City Construction Contract with Johnson Controls Inc. CITY COUNCIL AGENDA SECTION: Public Hearing DATE: March 16, 2021 DEPARTMENT/DIVISION: Denise Christensen Public Works / Engineering ITEM DESCRIPTION: Vacation 21-01 Vacation of Drainage and Utility Easements ITEM NO.: IX.A. Requested Action Move to: Close the public hearing; and Adopt the Resolution vacating Drainage and Utility Easements. Synopsis The property owners of Lot 1 through Lot 6, Block 1, Villas at Smith Village, have requested the vacation of a part of the drainage and utility easements over these lots to facilitate the building of new homes. It was recently discovered that the legal description of the easement vacation as submitted by the property owner’s surveyor was incorrect. The published notice of the easement vacation included the error in the legal description. The corrected legal description for the easement vacation is included in the attached resolution and site plan. Background Information The drainage and utility easements to be vacated were originally dedicated with the plat of Villas at Smith Village. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021- VACATION OF PART OF THE DRAINAGE AND UTILITY EASEMENT OVER LOT 1 THROUGH 6, BLOCK 1, VILLAS AT SMITH VILLAGE HENNEPIN COUNTY, MINNESOTA VACATION 21-01 WHEREAS, the City of Eden Prairie has certain Drainage and Utility Easements described as follows: Drainage and utility easements as delineated, dedicated and donated on Smith Village and Villas at Smith Village, Hennepin County, Minnesota to be vacated. Said easements described as follows: The northwesterly 15 feet of the southeasterly 25 feet of Lots 1, 2, 3, 4, 5 and 6, Block 1, said Villas at Smith Village. Except southwesterly 5 feet of said Lots 1, 2, 3, 4, 5 and 6. and Except northeasterly 5 feet of said Lots 1, 2, 3, 4, and 5. and Except northeasterly 10 feet of said Lot 6. WHEREAS, a Public Hearing was held after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHERAS, the Council has been advised by City Staff that the proposed vacation of the above described Drainage and Utility Easement has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said Drainage and Utility Easement is not necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said Easements described above are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on March 16, 2021. ____________________________ Ronald A. Case, Mayor ATTEST: __________________________ Kathleen Porta, City Clerk R D .RD.DR.WAL L A C E S.WESTGATEMEADOLA.LUTHER WAYLA.AVE.LAKEROUNDRD.CIR.RPAG E HERIT RD.A TR.SHELDON AVE.WAYWA G N E R SUPERIOR TER.S U P E R I OR T E R . ONTARIO HURON PL.CIR.GARFIELDCT.BAYCV.NECHASCIR . VIEW LA.CANYONRIDGEMORRAINE WAYSANDHILLCIR.COTTOMASONPOINTEWE S TON BAYRD.ISLANDL INCO LN L A . TIMBER LAKE MAINST.C ARNE L IAN FULLE R R D .W. 79TH ST.VENTUREVILLAEGSUMMITDR.REDOAKDR.KELSEY LA.MAYFIELD DR.PKENDICOTTTR.BERGERDR.MEA DOWVALE DR.LAKESHOREDR.DR. R D . CIR. NORWOODRH E CTA THDR.MILLFORDDR.TR.CANDLEWOODSTA NLEY 17.18.SH RDDECT.WAY PINEDR.E TR E N T O N W A Y D A N T O N DR.MILLERPK W Y . C T .CALE PK A R K E T D R .RBYH A N O V EBAINBRIDGE SHO RE LIN DR. CT . VA N T A G E NEWLA . BI T TE R S WEET95.WO MONTGO M E R Y CT. LN.TERREYE KWO OD ODS E EP WY.BELFASTELLET CIR. WW. 78TH ST.BAILEYDR. PINE TERREY SCENI C HEI G H T S 1415CUR IS LA.T BISCAYNEBLVD.GLORYLA.M WYND HEIGHTSRD.H R PRAIRIEEDEN RD.RedLakeMitchellLakeRock21254MillerParkRed RockLake ParkRD.SC H O O L R D . PRESCOTT Central MiddleSchool1720G:\Engineering\Drawings\Public Works\Easements\Vacations\2021\VAC 21-01.dwg DATE: 02/19/2021VACATION LOCATION MAPVAC 21-01SITE SheetDescription Sketch for:1 of 1c 2015 Pioneer Engineering, P.A. CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS 2422 Enterprise Drive Mendota Heights, MN 55120 (651) 681-1914 www.pioneereng.comFax: 681-9488 Brandle Anderson Homes Cad File: 121028 VILLASAT SMITH VILLAGE EASEMENT VACTION.dwg Date: 2-15-21 Folder #: 8519 Drawn by: PJH VACATION 21-01 NOTICE OF VACATION OF DRAINAGE AND UTILITY EASEMENTS OVER, UNDER AND ACROSS LOTS 1 THROUGH 6, BLOCK 1, VILLAS AT SMITH VILLAGE, HENNEPIN COUNTY, MINNESOTA Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on March 16, 2021 at 7:00 p.m. to hear all persons present upon the proposed vacation of a portion of public drainage and utility easements described as follows: Proposed legal description of drainage and utility easement to be vacated: Drainage and utility easements as delineated, dedicated and donated on SMITH VILLAGE and VILLAS AT SMITH VILLAS, Hennepin County, Minnesota to be vacated. Said easements described as follows: The northeasterly 15 feet of the southeasterly 25 feet of Lots 1, 2, 3, 4, 5 and 6, Block 1, said VILLAS AT SMITH VILLAS. Except southwesterly 5 feet of said Lots 1, 2, 3, 4, 5 and 6. and Except northeasterly 5 feet of said Lots 1, 2, 3, 4, and 5. and Except northeasterly 10 feet of said Lot 6. By Order of the City Council Published in the Sun Sailor on February 25, 2021 NOTIFICATION LIST VACATION REQUEST 21-01 A copy of the Public Hearing Notice has been sent to owners of the following parcels: 17-116-22-14-0003 17-116-22-14-0085 17-116-22-14-0088 17-116-22-14-0094 17-116-22-14-0096 17-116-22-14-0095 17-116-22-14-0100 17-116-22-14-0101 17-116-22-14-0102 17-116-22-14-0103 17-116-22-14-0104 17-116-22-14-0105 17-116-22-14-0106 17-116-22-14-0107 17-116-22-14-0108 17-116-22-14-0109 17-116-22-14-0110 A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy CenturyLink Communications Comcast Cable Xcel Energy CITY COUNCIL AGENDA SECTION: Consent Calendar DATE March 16, 2021 DEPARTMENT / DIVISION Administration Rick Clark, Facilities ITEM DESCRIPTION First Amendment to Community Solar Garden Lease ITEM NO. VIII.J. Requested Action Move to: Approve First Amendment to Lease and Solar Easement for a Community Solar Garden on the roof of the Community Center Synopsis CEF Eden Prairie Community Solar, LLC (CEF) intends to develop and build a Community Solar Garden (“Facility”) on the roof of the Community Center based on a Lease originally approved and signed by the City in 2019. Due to a low compensation value for community subscribers in 2019, the project delayed application to NSP to qualify this as a Community Solar Garden and Interconnect to the grid until February 2020 to qualify for the 2020 Value of Solar and achieve better compensation for participating community members. NSP took until July 2020 to confirm acceptance of the project, and then put the project on Hold pending review of other small solar projects in the area until February 2021. NSP has recently confirmed that the project is able to move forward, and CEF expects to receive an Interconnection Agreement from NSP to connect to the grid by May or early June. From that point, the project will be able to begin final permitting and construction, with likely operation beginning either in late 2021 or early 2022 depending on NSP testing schedules. Due to delays, the project will not be able to commence operations by the original target date of 6/30/2021, and is requesting an extension to the deadline to commence operations before a deadline of 6/30/2022. All Xcel Energy bill payers within Eden Prairie will be eligible to become a subscriber. Subscribed become member-owners of Cooperative Energy Futures, the parent company to CEF Eden Prairie Community Solar, LLC. CEF has an optional financial model to serve low-income families, renters, and others who have high energy bill burdens. The City has an option to become a subscriber for up to a maximum amount of ten (10) percent of the Facility capacity. The Lease has a 25 year term. The term starts on commercial operation. Under the Lease CEF will pay the City yearly rent in the amount of $2,000 per year once commercial operation begins. Prior to that CEF will pay $500 per year. Attachment First Amendment to Lease and Solar Easement CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: March 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 280751 – 281061 Wire Transfers 1027353 - 1027468 Wire Transfers 8109 – 8125 Purchasing Card 8110 City of Eden Prairie Council Check Summary 3/16/2021 Division Amount Division Amount 100 City Manager 39,451 308 E-911 342 101 Legislative 3,518 309 DWI Forfeiture 250 102 Legal Counsel 51,669 315 Economic Development 5,873 110 City Clerk 128 445 Cable PEG 9,100 111 Customer Service 3,115 509 CIP Fund 6,376 112 Human Resources 29 512 CIP Trails 4,718 113 Communications 17,533 513 CIP Pavement Management 1,611 114 Benefits & Training 2,765 522 Improvement Projects 2006 14,775 130 Assessing 695 528 Shady Oak Rd-CR 61 North 2,101 131 Finance 1,093 532 EP Road Connect Flying Cloud 3,263 132 Housing and Community Services 86 536 General LRT 52,406 133 Planning 418 539 2020 Improvement Projects 28,626 136 Public Safety Communications 32,718 Total Capital Projects Fund 129,439 138 Community Development Admin.50 151 Park Maintenance 13,541 601 Prairie Village Liquor 88,777 154 Community Center 38,171 602 Den Road Liquor 159,853 156 Youth Programs 1,169 603 Prairie View Liquor 101,612 158 Senior Center 133 605 Den Road Building 6,180 159 Recreation Administration 209 701 Water Enterprise Fund 135,171 160 Therapeutic Recreation 82 702 Wastewater Enterprise Fund 15,966 163 Outdoor Center 1,498 703 Stormwater Enterprise Fund 18,210 168 Arts Center 3,394 Total Enterprise Fund 525,768 180 Police Sworn 38,772 184 Fire 49,487 802 494 Commuter Services 21,076 186 Inspections 2,415 807 Benefits Fund 839,742 200 Engineering 922 809 Investment Fund 4,083 201 Street Maintenance 15,420 811 Property Insurance 80 202 Street Lighting 76,018 812 Fleet Internal Service 61,377 Total General Fund 394,498 813 IT Internal Service 194,899 814 Facilities Capital ISF 4,404 301 CDBG 17,496 815 Facilites Operating ISF 38,374 303 Cemetary Operation 19 816 Facilites City Center ISF 100,935 Total Special Revenue Fund 17,515 817 Facilites Comm. Center ISF 63,450 Total Internal Svc/Agency Funds 1,328,420 435 2008B G.O. Improvement Bonds 142 439 G.O. Refunding Bonds 2011C 425 441 2012A G.O. Refunding Bonds 425 Report Total 2,398,048 442 2012B G.O. Refund Capital Imp 425 443 2012C GO Perm Impr Ref Bonds 425 446 2014A G.O. TAX ABATEMENT BONDS 425 448 2016A GO BONDS - WEST 70TH ST.142 Total Debt Service Fund 2,408 City of Eden Prairie Council Check Register by GL 3/16/2021 Check #Amount Supplier / Explanation Account Description Business Unit Comments 281018 309,850 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits Premiums March 2021 8123 262,586 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 02.26.21 8121 190,726 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR ending 02.12.21 1027468 157,199 XCEL ENERGY Electric Miller Park Multi location electric 281002 110,158 AVOLVE SOFTWARE Software IT Capital Project Dox implement - Plan review system 8110 78,137 USB-PURCHASING CARD Repair & Maint. Supplies Utility Operations - General 1027393 75,965 LOGIS Network Support IT Operating 1027389 54,158 GREGERSON ROSOW JOHNSON & NILAN LTD Legal EP Rd Connect to Flying Cloud 280883 52,406 METRO TRANSIT Other Contracted Services General LRT 1027402 34,874 SRF CONSULTING GROUP INC Design & Engineering EP Rd Connect to Flying Cloud 280860 34,832 INDEPENDENT SCHOOL DISTRICT 272 CAM - School City Center - CAM 280922 33,839 ILEX GROUP INC Deposits General Fund 280996 33,735 ABM ONSITE SERVICES-MIDWEST Tenant 1-Janitor Service City Hall (City Cost) 8125 28,373 EMPOWER Deferred Compensation Health and Benefits 1027444 28,362 CENTERPOINT ENERGY Gas Staring Lake 280829 25,350 COLORADO TIME SYSTEMS Equipment Repair & Maint Pool Operations 280782 23,714 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 8124 21,021 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 280905 19,230 REHBEIN'S AGRICULTURAL SERVICES Lime Residual Removal Water Treatment 1027445 17,672 DIVERSE BUILDING MAINTENANCE Janitor Service Housing and Human Svcs 280957 17,661 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 8115 15,627 FURTHER - AKA SELECT HSA - Employer Health and Benefits 280775 15,318 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 281017 14,935 GRAYMONT Treatment Chemicals Water Treatment 281032 14,799 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 281061 14,605 VIDEOTRONIX INC Equipment Repair & Maint Public Safety Communications 280877 13,471 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 280759 13,421 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 280985 13,355 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 280917 12,770 US DIGITAL DESIGNS Equipment Repair & Maint Public Safety Communications 280902 12,751 PRESCRIPTION LANDSCAPE Contract Svcs - Snow Removal City Center - CAM 280806 12,720 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 280935 11,697 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 280915 10,730 UNGERMAN INC Capital Under $25,000 Senior Center 8109 10,674 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 1027464 10,508 STREICHERS Training Supplies Police Sworn 280774 10,303 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 1027453 10,111 HANSEN THORP PELLINEN OLSON Other Contracted Services Stormwater Capital 281047 10,000 RILEY PURGATORY BLUFF CREEK WATERSHED DI OCS - Studies Stormwater Non-Capital 280949 9,868 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 280968 9,807 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 280776 9,805 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 280909 9,533 SITEIMPROVE, INC Other Contracted Services Communications 280889 9,180 MINNESOTA VALLEY ELECTRIC COOPERATIVE Other Contracted Services Street Lighting 1027366 9,100 AVI SYSTEMS INC Other Contracted Services Cable PEG 280845 9,085 EUREKA CONSTRUCTION INC Improvement Contracts Improvement Projects 2006 280906 8,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications 280992 7,818 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 280869 7,700 JTW ASSOCIATES LLC Small Tools Fire Check #Amount Supplier / Explanation Account Description Business Unit Comments 1027380 7,579 BOYER TRUCKS Equipment Parts Fleet Operating 280912 7,200 TECH SALES CO Equipment Repair & Maint Water Treatment 280793 7,185 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 281052 7,156 SNAP-ON TOOLS Small Tools Fleet Operating 281014 7,145 DREAMSEATS LLC Operating Supplies Fire 280977 7,044 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 280754 6,942 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 281050 6,280 SCHERER WINDOW AND DOOR CONSULTANTS Other Contracted Services Rehab 1027398 6,197 PRAIRIE ELECTRIC COMPANY Contract Svcs - General Bldg Facilities Capital 280812 6,191 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 280950 6,188 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 280801 6,174 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 280864 6,000 IRON MALTESE ATHLETICS Health & Fitness Fire 280766 5,993 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1027459 5,727 METRO SALES INCORPORATED*Other Rentals IT Operating 280928 5,602 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 281021 5,470 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police Sworn 281028 5,310 LAWRENCE PETRA Other Contracted Services Rehab 280866 5,161 ISG Other Contracted Services Capital Maint. & Reinvestment 280852 5,025 GRAYMONT Treatment Chemicals Water Treatment 281034 4,940 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering 280870 4,927 K-TECH SPECIALTY COATINGS, INC Salt Snow & Ice Control 280853 4,852 HEALTHPARTNERS Wages and Benefits 494 Corridor Commission 280753 4,849 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 280781 4,820 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 280818 4,763 AE2S LLC Process Control Services Wastewater Capital 8113 4,658 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 280997 4,604 AE2S LLC Design & Engineering Wastewater Capital 1027391 4,434 JEFFERSON FIRE & SAFETY INC Equipment Repair & Maint Fire 280799 4,394 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 280900 4,394 POSTMASTER Advertising Prairie View Liquor Store 280942 4,380 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 280964 4,298 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 280859 4,100 HP INC Computers IT Capital 8116 4,083 PFM ASSET MANAGEMENT LLC Interest Investment Fund 1027403 4,080 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells) 280800 4,064 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 281013 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund 281045 3,930 RACOM CORPORATION Equipment Repair & Maint Public Safety Communications 280978 3,880 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 280988 3,861 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1027462 3,859 POMP'S TIRE SERVICE INC Tires Fleet Operating 280758 3,804 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 280979 3,782 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 281024 3,721 HOME DEPOT CREDIT SERVICES Small Tools Senior Center 281006 3,700 CASTRO CLEANING LLC Janitor Service Utility Operations - General 280805 3,647 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 280951 3,633 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 280848 3,627 GARAGE FLOOR COATING OF MN Other Contracted Services Rehab 280919 3,603 WM CORPORATE SERVICES INC Waste Disposal Maintenance Facility 281048 3,600 SAMBATEK INC Maintenance Contracts Water Treatment 1027456 3,484 ITRON INC.Maintenance Contracts Water Metering 1027440 3,400 WENCK ASSOCIATES INC OCS - Studies Stormwater Capital Check #Amount Supplier / Explanation Account Description Business Unit Comments 1027426 3,345 CUTTING EDGE PROPERTY MAINTENANCE INC Contract Svcs - Snow Removal Arts Center 280927 3,209 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 280956 3,100 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 8118 3,030 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 281057 2,997 SUBURBAN RATE AUTHORITY Dues & Subscriptions City Council 1027447 2,980 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station 281004 2,975 BAKER TILLY MUNICIPAL ADVISORS, LLC Other Contracted Services Water Capital 1027448 2,890 ESS BROTHERS & SONS INC Equipment Repair & Maint Traffic Signals 280926 2,839 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 280838 2,719 DG CENTRAL 1 LLC Electric Facilities Operating ISF 1027386 2,657 GENUINE PARTS COMPANY Operating Supplies Ice Arena Maintenance 1027379 2,493 WENCK ASSOCIATES INC OCS - Monitoring Stormwater Non-Capital 280940 2,488 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 280984 2,482 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 280846 2,465 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating 1027368 2,455 CUTTING EDGE PROPERTY MAINTENANCE INC Contract Svcs - Snow Removal Fire Station #4 280811 2,451 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 1027461 2,435 ON CALL SERVICES Equipment Repair & Maint Day Care 280828 2,433 CHUCK & DON'S PET FOOD & SUPPLIES Rent - Chuck & Don's Den Bldg. - CAM 280788 2,423 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 280794 2,396 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 280934 2,385 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 1027439 2,273 VAN PAPER COMPANY Cleaning Supplies City Center - CAM 280768 2,230 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 280755 2,220 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 280863 2,137 INTERTECH INC Contract Development IT Operating 280856 2,124 HENNEPIN COUNTY TREASURER Licenses, Taxes, Fees Riley House 281043 2,049 PETERSON COUNSELING AND CONSULTING Health & Fitness Police Sworn 280814 2,020 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 280817 2,007 ABM EQUIPMENT AND SUPPLY COMPANY Equipment Repair & Maint Wastewater Lift Station 280862 1,978 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 1027405 1,966 STREICHERS Clothing & Uniforms Police Sworn 1027467 1,957 WM MUELLER AND SONS INC Gravel Water Distribution 280954 1,917 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 281053 1,894 SPIRALA JOYCE Other Contracted Services Rehab 1027362 1,833 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 1027392 1,810 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 280764 1,719 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 280946 1,689 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 281025 1,670 IAFC Dues & Subscriptions Fire 280825 1,611 BKJ LAND COMPANY Improvement Contracts CIP Pavement Management 280913 1,600 THE ADVENT GROUP Temp 494 Corridor Commission 1027381 1,584 CDW GOVERNMENT INC.Computers Police Sworn 281059 1,580 THE ADVENT GROUP Temp 494 Corridor Commission 280898 1,567 PERA Wages and Benefits 494 Corridor Commission 280975 1,526 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 280797 1,506 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 1027450 1,451 FORCE AMERICA Equipment Parts Fleet Operating 1027373 1,334 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM 280901 1,325 PRECISE MRM LLC Other Contracted Services Snow & Ice Control 280784 1,312 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 1027365 1,298 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 280795 1,288 WINEBOW Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 1027359 1,284 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 280882 1,247 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Metering 280761 1,237 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 280987 1,236 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 281049 1,236 SCHERER BROTHERS LUMBER CO Building Materials Street Maintenance 280939 1,221 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 281038 1,214 NARTEC INC Operating Supplies Police Sworn 281016 1,200 FOBBE CONTRACTING INC Equipment Repair & Maint Water Distribution 280824 1,184 ASSURED SECURITY Contract Svcs - General Bldg Dunn Brothers 1027372 1,151 HIRSHFIELD'S Supplies - General Bldg Maintenance Facility 280786 1,137 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 280879 1,100 MARTIN-MCALLISTER Employment Support Test Organizational Services 1027458 1,096 MENARDS Operating Supplies General Community Center 1027356 1,085 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 280962 1,070 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 1027433 1,059 HIRSHFIELD'S Supplies - General Bldg Street Maintenance 1027432 1,057 HACH COMPANY Operating Supplies Park Maintenance 280931 1,053 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1027443 1,007 CDW GOVERNMENT INC.Hardware Maintenance IT Operating 1027449 996 FERRELLGAS Gas Outdoor Center 280771 952 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 280994 920 WINEBOW Liquor Product Received Prairie View Liquor Store 280981 907 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 280819 902 AIRGAS USA LLC Supplies - Pool Pool Maintenance 280855 889 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint IT Operating 280910 887 STAPLES ADVANTAGE Office Supplies Customer Service 1027454 882 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 280891 800 MPPOA Dues & Subscriptions Police Sworn 280876 799 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 1027415 796 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1027408 795 XCEL ENERGY Electric Forest Hills Park 280920 795 ZOHO CORP Software Maintenance IT Operating 280971 762 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1027384 745 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station 1027430 744 GOODIN COMPANY Supplies - Plumbing General Community Center 280952 738 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1027354 725 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 280763 720 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 280868 716 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 281056 711 STATE OF MINNESOTA Autos Utility Operations - General 280808 702 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 1027382 694 ECM PUBLISHERS INC Advertising Community Center Admin 1027409 667 HAYES ERIC D Operating Supplies Fire 1027395 656 MARSHALL & SWIFT Dues & Subscriptions Assessing 1027367 640 CONCRETE CUTTING AND CORING Repair & Maint. Supplies Water Distribution 280751 638 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 1027396 632 MENARDS Operating Supplies Park Maintenance 8122 622 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 280810 610 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 280972 609 WINEBOW Liquor Product Received Den Road Liquor Store 1027429 605 FASTENAL COMPANY Equipment Parts Fleet Operating 1027378 596 VAN PAPER COMPANY Cleaning Supplies General Community Center 1027416 584 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 280897 575 OXYGEN SERVICE COMPANY EMS Supplies Fire 1027388 563 GRAINGER Supplies - Plumbing Park Maintenance 1027460 561 METROPOLITAN AIRPORTS COMMISSION Other Rentals Park Maintenance 281011 560 COREMARK METALS Equipment Parts Fleet Operating 281019 550 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Accounts Receivable TIF-Eden Shores Senior Housing 1027360 548 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 1027438 543 THE OASIS GROUP Employee Assistance Organizational Services 280963 534 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 1027375 525 OLSEN CHAIN & CABLE Equipment Repair & Maint Fleet Operating 1027358 516 VINOCOPIA Liquor Product Received Den Road Liquor Store 280773 506 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 1027397 500 ON CALL SERVICES Equipment Repair & Maint Day Care 281015 499 EDUCATION AND TRAINING SERVICES Conference/Training Utility Operations - General 1027363 498 VINOCOPIA Liquor Product Received Prairie View Liquor Store 1027414 494 VINOCOPIA Liquor Product Received Den Road Liquor Store 1027435 490 MINNESOTA CLAY CO. USA Operating Supplies Arts Center 280787 486 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 281008 470 CINTAS CORPORATION Safety Supplies Community Center Admin 280929 455 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 281040 450 NUTRITIONAL WEIGHT & WELLNESS Employee Award Organizational Services 1027423 450 ALBERS, JASON Operating Supplies Fire 1027422 446 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 280779 432 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 280947 426 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 281041 420 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Historical Buildings 280871 415 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Maintenance Facility 281007 411 CENTURYLINK Telephone IT Operating 1027390 401 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Fleet Operating 280835 393 CORPORATE TECHNOLOGIES Computers 494 Corridor Commission 280966 392 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store 1027385 384 FACTORY MOTOR PARTS COMPANY Lubricants & Additives Fleet Operating 280953 382 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 280847 375 FOGARTY KAREN GROTH P&R Refunds Community Center Admin 1027413 374 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 1027364 374 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 1027452 373 GRAINGER Repair & Maint. Supplies Utility Operations - General 8114 364 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 1027353 362 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1027463 349 SCHWAB VOLLHABER LUBRATT SERVICE CORO Supplies - HVAC City Center - CAM 1027431 345 GREATAMERICA FINANCIAL SVCS Postage Customer Service 280960 338 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 1027410 336 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 280881 335 MCCULLAR AARON P&R Refunds Community Center Admin 280821 335 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Den Road Liquor Store 280815 333 WINEBOW Liquor Product Received Prairie View Liquor Store 1027411 332 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 280924 328 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 280783 324 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 281036 321 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 280837 320 DELTA DENTAL Wages and Benefits 494 Corridor Commission 280955 311 INBOUND BREW CO Liquor Product Received Den Road Liquor Store 280803 311 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 1027355 308 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 280944 307 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 281000 305 ASPEN MILLS Postage Fire 1027383 302 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 1027455 300 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Fleet Operating 8111 300 FURTHER - AKA SELECT HRA Health and Benefits 280887 300 MINNESOTA DEPT OF LABOR AND INDUSTRY Supplies - Elevator Maint.City Center - CAM 281033 300 MCFOA Dues & Subscriptions Fire 281044 300 RABBIT RESCUE OF MN Other Contracted Services Specialty Fitness Programs 281046 300 REACH Dues & Subscriptions Ice Operations 280967 294 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store 280890 293 MN DEPT OF TRANSPORTATION Equipment Repair & Maint Traffic Signals 280980 293 DOMACE VINO Liquor Product Received Prairie View Liquor Store 280965 284 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 8112 280 US BANK - PAYMODE Bank and Service Charges Finance 280903 280 PROP - PR Charitable Contributions Health and Benefits 280894 273 NGUYEN FAMILY INC / DBA LOTUS NAILS SPA Rent - Lotus Den Bldg. - CAM 280778 269 DOMACE VINO Liquor Product Received Den Road Liquor Store 1027376 269 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 281042 263 PARAGON DEVELOPMENT SYSTEMS Other Contracted Services IT Operating 280921 262 ZOLL MEDICAL CORPORATION EMS Supplies-EMS Supplies Fire 280878 261 MARCO INC Operating Supplies IT Operating 280843 259 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 1027369 258 FASTENAL COMPANY Safety Supplies Fleet Operating 280790 256 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 280959 254 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 280999 250 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Prairie View Liquor Store 280899 247 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn 280930 245 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 281020 245 HENNEPIN COUNTY CHIEFS OF POLICE Training Fire 280780 244 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 280914 243 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn 280756 243 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 280762 239 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 280785 239 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 280809 239 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 281055 236 STAPLES ADVANTAGE Office Supplies Fire Station #1 1027412 228 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 280769 223 WINEBOW Liquor Product Received Prairie Village Liquor Store 1027437 222 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1027465 222 TRANE U.S. INC Supplies - HVAC Fire Station #1 280804 221 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 280993 212 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 280834 210 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 280851 204 GOPHER STATE ONE-CALL Other Contracted Services Utility Operations - General 280823 200 ASSOCIATION OF MN EMERGENCY MANAGERS Dues & Subscriptions Fire 280932 200 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 1027421 198 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 280760 195 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 280958 194 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 280798 190 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 280969 184 STARRY EYED BREWING LLC Liquor Product Received Den Road Liquor Store 280752 182 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 280777 182 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 280936 181 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 281035 178 MINNESOTA AIR INC Supplies - HVAC Water Supply (Wells) 280813 177 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 280970 177 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 281039 175 NORTH AMERICAN RESCUE EMS Supplies Fire 280937 175 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store 280796 174 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 280990 174 SHAKOPEE BREWHALL Liquor Product Received Prairie View Liquor Store 280895 173 NUSS TRUCK GROUP INC Equipment Parts Fleet Operating 1027374 173 METROPOLITAN FORD Equipment Parts Fleet Operating 280791 170 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 280757 169 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 280938 169 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 280986 169 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1027404 165 STERICYCLE INC Other Contracted Services Police Sworn 280918 164 VESSCO INC Repair & Maint. Supplies Water Treatment 280807 164 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 280943 161 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 280849 160 GAS TANK RENU OF MINNESOTA Equipment Repair & Maint Fleet Operating 280850 159 GOLDEN VALLEY SUPPLY CO Supplies - General Bldg Senior Center 280767 159 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 280925 159 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 280998 159 AQUA LOGIC INC Supplies - Pool Pool Maintenance 1027418 157 VINOCOPIA Liquor Product Received Prairie View Liquor Store 280983 151 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1027407 150 USA SECURITY Maintenance Contracts Water Treatment 280827 147 BTR OF MINNESOTA Equipment Parts Fleet Operating 280867 147 J H LARSON COMPANY Repair & Maint. Supplies Riley Lake 280982 142 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 280989 142 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1027436 142 OLSEN CHAIN & CABLE Repair & Maint. Supplies Stormwater Collection 281027 141 J H LARSON COMPANY Supplies - Electrical City Center - CAM 280820 139 AQUA LOGIC INC Supplies - Pool Pool Maintenance 280770 138 ARBEITER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1027417 136 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 280772 135 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store 1027424 134 CARLSTON, BRANDON Clothing & Uniforms Police Sworn 1027361 132 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 281031 131 MALTBY JANE P&R Refunds Community Center Admin 280831 130 COMCAST Cable TV Fire 1027446 128 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 280826 126 BRO-TEX INC Operating Supplies Fleet Operating 281060 123 VERIZON WIRELESS Telephone E-911 Program 280844 113 ESTATE OF JACQUELYNNE SCHUMINS AR Utility Water Enterprise Fund 1027434 111 MIDWEST SIGN & SCREEN PRINTING SUPPLY CO Operating Supplies Traffic Signs 280802 111 DOMACE VINO Liquor Product Received Prairie View Liquor Store 1027399 110 PREMIUM WATERS INC Operating Supplies - Water Fire 1027401 109 SPS COMPANIES Supplies - Plumbing City Center - CAM 1027357 108 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 1027419 107 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 1027420 106 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 280948 106 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 280872 104 LANO EQUIPMENT INC Equipment Parts Fleet Operating Check #Amount Supplier / Explanation Account Description Business Unit Comments 281023 103 HIGHWAY 5 BP Motor Fuels Fleet Operating 1027441 102 ASPEN EQUIPMENT CO.Equipment Parts Fleet Operating 280945 102 56 BREWING LLC Liquor Product Received Den Road Liquor Store 280974 102 56 BREWING LLC Liquor Product Received Prairie View Liquor Store 281030 100 LEAGUE OF HUMAN RIGHTS COMMISSION Dues & Subscriptions City Council 280908 94 SHRED RIGHT Waste Disposal City Hall (City Cost) 280991 93 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 280816 93 A TO Z RENTAL CENTER Other Rentals Park Maintenance 1027377 90 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Fleet Operating 280880 90 MATTS AUTO SERVICE INC Equipment Repair & Maint Fleet Operating 280961 90 OMNI BREWING COMPANY Liquor Product Received Den Road Liquor Store 281010 90 COMCAST Internet IT Operating 280933 87 INDEED BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 280839 83 DIEDE RYAN Deposits General Fund 281029 80 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 280792 77 SMALL LOT MN Liquor Product Received Den Road Liquor Store 1027428 75 EICHMAN NATHAN Canine Supplies Police Sworn 280892 75 MR CUTTING EDGE Repair & Maint - Ice Rink Ice Arena Maintenance 1027394 75 LYNN PEAVEY COMPANY Office Supplies Police Sworn 280840 74 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 280789 72 PK BLOODY MARY CORP Liquor Product Received Den Road Liquor Store 280941 71 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 280765 70 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store 280832 69 COMCAST Cable TV Fire 280888 69 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 280976 68 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 1027425 68 CONCRETE CUTTING AND CORING Operating Supplies Park Maintenance 280875 67 LYNCH KAYLA Mileage & Parking Skating Rinks/Warming Houses 1027370 67 FLEETPRIDE INC Equipment Parts Fleet Operating 1027387 62 GINA MARIAS INC Operating Supplies Volunteers 1027451 60 GINA MARIAS INC Operating Supplies Volunteers 280896 59 OSOWSKI BEN Mileage & Parking Skating Rinks/Warming Houses 1027406 58 TESSCO INC Equipment Repair & Maint Public Safety Communications 8117 55 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 281001 54 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating 280907 54 ROSEMOUNT SAW & TOOL CO Equipment Repair & Maint Fleet Operating 280854 53 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 281037 52 MSC INDUSTRIAL SUPPLY CO INC Repair & Maint. Supplies Water Treatment 280830 50 COMCAST Internet IT Operating 280923 50 MACIA Dues & Subscriptions Police Sworn 280893 48 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 280916 48 UNITED WAY Charitable Contributions Health and Benefits 280973 48 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 281026 48 INDIGO SIGNWORKS, INC.Supplies - General Bldg City Hall (City Cost) 280995 48 LINDEMAN BRETT Clothing & Uniforms Police Sworn 281009 46 COMCAST Cable TV Fire 281054 45 STADLER HANNAH Operating Supplies Arts Center 1027400 42 SPRINT Cell/Pager Plans IT Operating 280884 42 MINNESOTA AIR INC Supplies - HVAC City Center - CAM 281058 41 SULLIVAN KRISTIN P&R Refunds Community Center Admin 1027457 40 MCNEILUS STEEL INC Repair & Maint. Supplies Wasterwater Collection 280861 39 INDIGO SIGNWORKS, INC.Protective Clothing Fire 281022 33 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating Check #Amount Supplier / Explanation Account Description Business Unit Comments 281003 32 BACKEN DEBRA P&R Refunds Community Center Admin 281005 32 BROWN PAUL J P&R Refunds Community Center Admin 280885 32 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General 280886 32 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General 1027442 32 BOYER TRUCKS Equipment Parts Fleet Operating 280865 31 ISC COMPANIES INC Repair & Maint. Supplies Water Treatment 280873 28 LAPHAM REBECCA Mileage & Parking Skating Rinks/Warming Houses 280822 25 ASPEN MILLS Clothing & Uniforms Police Sworn 280874 25 LINDQUIST JOE Mileage & Parking Skating Rinks/Warming Houses 280857 25 HENNEPIN COUNTY TREASURER Conference/Prof. Dev.494 Corridor Commission 280833 23 COMCAST Other Contracted Services Police Sworn 280858 19 HOLCOMB, AUDREY Mileage & Parking Skating Rinks/Warming Houses 281012 17 DELEGARD TOOL CO Small Tools Fleet Operating 281051 16 SIPILIA KIM Operating Supplies Arts Center 280911 14 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating 280904 11 RAHMAN JOSHUA W Mileage & Parking Skating Rinks/Warming Houses 280836 10 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission 1027427 10 DOHERTY, KRISTEN Operating Supplies Arts Center 1027466 9 UPS Postage Police Sworn 280841 5 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 280842 5 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 2,398,048 Grand Total City of Eden Prairie Purchasing Card Payment Report 3/16/2021 Amount Account Description Business Unit 5,130 Operating Supplies Police Sworn 5,070 Repair & Maint. Supplies Ice Arena Maintenance 4,272 Building Surcharge General Fund 4,100 Conference/Training Police Sworn 3,189 Software/Hardware Maint.IT Operating 3,049 Licenses, Taxes, Fees Pool Operations 2,193 Health & Fitness Fire 1,825 Small Tools Fleet Operating 1,790 Tuition Reimbursement/School Police Sworn 1,790 Tuition Reimbursement/School Police Sworn 1,450 Training Fire 1,188 Deposits General Fund 1,140 Small Tools Fire 1,047 Operating Supplies Tree Disease 1,010 Cleaning Supplies Facilities Operating ISF 990 Operating Supplies Street Lighting 975 Licenses, Taxes, Fees Pool Operations 965 Training Fire 902 Bank and Service Charges Prairie View Liquor Store 878 Operating Supplies Fire 795 Training Fire 763 Software/Hardware Maint.IT Operating 750 Tuition Reimbursement/School Police Sworn 695 Tuition Reimbursement/School Police Sworn 675 Operating Supplies IT Operating 673 Operating Supplies Fire 673 Operating Supplies Fire 670 Equipment Repair & Maint Stormwater Collection 625 Operating Supplies Community Center Admin 615 Conference/Training Utility Operations - General 600 Protective Clothing Fire 600 Conference/Training Tree Disease 595 Conference/Training Fire 595 Dues & Subscriptions Finance 549 Licenses, Taxes, Fees Fitness Classes 549 Licenses, Taxes, Fees Fitness Classes 531 Deposits General Fund 518 Tuition Reimbursement/School Police Sworn 517 Repair & Maint. Supplies Utility Operations - General 509 Office Supplies Police Sworn 500 Equipment Parts Fleet Operating 500 Deposits General Fund 480 Fire Prevention Supplies Fire 467 Equipment Repair & Maint Park Maintenance 460 Operating Supplies Fire 450 Dues & Subscriptions Police Sworn 450 Dues & Subscriptions Inspections-Administration 447 Training Supplies Police Sworn 422 Employee Award Organizational Services 403 Dues & Subscriptions Planning 400 Conference/Training Pool Operations 399 Tuition Reimbursement/School Police Sworn 397 Office Supplies Police Sworn 384 Office Supplies Fire 381 Operating Supplies Fitness Center 364 Training Supplies Fire 353 Small Tools Facilities Staff Amount Account Description Business Unit 339 Conference/Training Aquatics Admin. 334 Chemicals Water Treatment 334 Training Supplies Police Sworn 321 Operating Supplies Fire 317 Training Supplies Fire 317 Training Supplies Fire 300 Other Contracted Services Liquor Store Delivery 295 Tuition Reimbursement/School Police Sworn 291 Building Repair & Maint.Water Supply (Wells) 285 Dues & Subscriptions Fire 282 Operating Supplies Police Sworn 280 Operating Supplies IT Operating 270 Operating Supplies Arts Center 266 Equipment Parts Fleet Operating 256 Operating Supplies Arts Center 256 Video & Photo Supplies Engineering 250 Miscellaneous DWI Forfeiture 242 Repair & Maint. Supplies Utility Operations - General 240 Operating Supplies Police Sworn 240 Small Tools Fleet Operating 236 Miscellaneous City Council 235 Dues & Subscriptions Engineering 229 Operating Supplies Fire 223 Operating Supplies Youth Programs Admin 215 Health & Fitness Fire 205 Training Supplies Police Sworn 203 Operating Supplies Fire 200 Conference/Training Inspections-Administration 200 Conference/Training Inspections-Administration 200 Conference/Training Inspections-Administration 200 Conference/Training Inspections-Administration 200 Conference/Training Inspections-Administration 200 Conference/Training Inspections-Administration 200 Conference/Training Inspections-Administration 200 Conference/Training Police Sworn 200 Operating Supplies Park Maintenance 199 Employment Advertising Organizational Services 198 Repair & Maint. Supplies Facilities Staff 197 Repair & Maint. Supplies Wasterwater Collection 195 Operating Supplies Arts Center 190 Dues & Subscriptions Police Sworn 190 Repair & Maint. Supplies Ice Arena Maintenance 186 Operating Supplies Police Sworn 186 Miscellaneous City Council 178 Equipment Repair & Maint Wasterwater Collection 173 Operating Supplies Arts Center 169 Operating Supplies Volunteers 167 Operating Supplies Arts Center 160 Operating Supplies Recreation Admin 158 Operating Supplies Special Events & Trips 151 Repair & Maint. Supplies Pool Maintenance 150 Dues & Subscriptions Police Sworn 150 Conference/Training Street Maintenance 150 Conference/Training Street Maintenance 145 Conference/Training Inspections-Administration 144 Computers IT Capital 144 Operating Supplies Prairie View Liquor Store 142 Office Supplies Police Sworn 140 Operating Supplies Park Maintenance 140 Operating Supplies Arts Center 134 Equipment Parts Fleet Operating Amount Account Description Business Unit 133 Operating Supplies Arts Center 132 Canine Supplies Police Sworn 130 Operating Supplies Police Sworn 128 Operating Supplies Special Events & Trips 125 Conference/Training Engineering 123 Operating Supplies New Adaptive 120 Health & Fitness Fire 120 Operating Supplies Inspections-Administration 114 Operating Supplies Arts Center 113 Operating Supplies Fire 110 Dues & Subscriptions Police Sworn 105 Small Tools Traffic Signs 105 Repair & Maint. Supplies Prairie View Liquor Store 103 Clothing & Uniforms Police Sworn 103 Operating Supplies Facilities Staff 103 Operating Supplies Arts Center 100 Conference/Training Fleet Operating 100 Conference/Training Inspections-Administration 100 Conference/Training Inspections-Administration 100 Conference/Training Inspections-Administration 100 Licenses, Taxes, Fees Fitness Classes 100 Capital Under $25,000 Police Sworn 100 Operating Supplies Fire 96 Operating Supplies Recreation Admin 96 Training Supplies Police Sworn 94 Deposits General Fund 93 Repair & Maint. Supplies Water Distribution 90 Software/Hardware Maint.Fire 89 Repair & Maint. Supplies Water Treatment 88 Software/Hardware Maint.IT Operating 85 Tuition Reimbursement/School Police Sworn 85 Small Tools Facilities Staff 81 Office Supplies Police Sworn 80 Operating Supplies IT Operating 79 Operating Supplies Fire 79 Deposits General Fund 78 Operating Supplies Fire 76 Operating Supplies Fire 76 Operating Supplies Fire 76 Operating Supplies Fire 76 Office Supplies Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Operating Supplies Arts Center 74 Operating Supplies Special Events & Trips 73 Operating Supplies Arts Center 70 Dues & Subscriptions Finance 70 Conference/Training Housing and Community Service 70 Operating Supplies Pool Lessons 70 Lab Supplies Water Treatment 69 Conference/Training Engineering 68 Repair & Maint. Supplies Wasterwater Collection 67 Operating Supplies Arts Center 66 Office Supplies Police Sworn 65 Dues & Subscriptions Park Maintenance 65 Dues & Subscriptions Park Maintenance 64 Operating Supplies Ice Lessons 64 Operating Supplies Arts Center 64 Operating Supplies Arts Center 63 Operating Supplies Senior Center Programs Amount Account Description Business Unit 61 Office Supplies Fire 60 Conference/Training Engineering 58 Training Supplies Police Sworn 58 Training Supplies Fire 58 Operating Supplies Special Events & Trips 58 Office Supplies Police Sworn 57 Tuition Reimbursement/School Police Sworn 57 Tuition Reimbursement/School Police Sworn 57 Operating Supplies Arts Center 57 Operating Supplies Arts Center 56 Repair & Maint. Supplies Stormwater Collection 56 Repair & Maint. Supplies Stormwater Collection 55 Process Control Equipment IT Operating 55 Operating Supplies Arts Center 55 Dues & Subscriptions Police Sworn 54 Operating Supplies Special Events & Trips 54 Operating Supplies Arts Center 54 Repair & Maint. Supplies Utility Operations - General 53 Deposits General Fund 52 Repair & Maint. Supplies Ice Arena Maintenance 52 Operating Supplies Fire 51 Operating Supplies Facilities Staff 50 Conference/Training Community Development Admin. 50 Dues & Subscriptions Police Sworn 50 Conference/Training Utility Operations - General 50 Conference/Training Utility Operations - General 50 Operating Supplies Arts Center 49 Repair & Maint. Supplies Wastewater Lift Station 49 Operating Supplies Arts Center 49 Office Supplies Police Sworn 48 Operating Supplies New Adaptive 46 Repair & Maint. Supplies Water Treatment 45 Conference/Training Engineering 45 Conference/Training Engineering 45 Conference/Training Engineering 45 Operating Supplies Special Events & Trips 42 Dues & Subscriptions Engineering 42 Operating Supplies Arts Center 42 Operating Supplies Arts Center 42 Training Supplies Police Sworn 42 Tuition Reimbursement/School Police Sworn 42 Tuition Reimbursement/School Police Sworn 41 Operating Supplies Skating Rinks/Warming Houses 41 Operating Supplies Arts Center 41 Training Supplies Fire 40 Operating Supplies Arts Center 39 Small Tools Fleet Operating 39 Conference/Training Assessing 38 Repair & Maint. Supplies Utility Operations - General 38 Operating Supplies Outdoor Center 36 Miscellaneous IT Operating 35 Operating Supplies Arts Center 34 Operating Supplies Arts Center 34 Operating Supplies Arts Center 33 Operating Supplies Special Events & Trips 33 Operating Supplies Outdoor Center 31 Training Supplies Police Sworn 31 Operating Supplies Special Events & Trips 31 Operating Supplies Arts Center 30 Operating Supplies Fitness Admin. 30 Operating Supplies Police Sworn Amount Account Description Business Unit 30 Operating Supplies Police Sworn 30 Operating Supplies Police Sworn 30 Operating Supplies Police Sworn 30 Operating Supplies Police Sworn 30 Operating Supplies Police Sworn 30 Operating Supplies Police Sworn 29 Dues & Subscriptions Human Resources 28 Operating Supplies Outdoor Center 28 Licenses, Taxes, Fees Police Sworn 28 Licenses, Taxes, Fees Police Sworn 27 Operating Supplies IT Operating 26 Dues & Subscriptions Fire 26 Dues & Subscriptions Fire 25 Merchandise for Resale Concessions 25 Dues & Subscriptions Fleet Operating 25 Conference/Training Senior Center Admin 25 Conference/Training Senior Center Admin 25 Training Fire 25 Training Fire 25 Training Fire 25 Tuition Reimbursement/School Police Sworn 25 Computers IT Operating 25 Training Supplies Police Sworn 25 Operating Supplies Outdoor Center 25 Operating Supplies Arts Center 24 Operating Supplies Arts Center 24 Operating Supplies Arts Center 23 Operating Supplies Fire 22 Operating Supplies Outdoor Center 21 Repair & Maint. Supplies Wasterwater Collection 21 Operating Supplies Police Sworn 21 Operating Supplies Arts Center 21 Operating Supplies Outdoor Center 21 Operating Supplies Arts Center 21 Operating Supplies Arts Center 21 Operating Supplies Facilities Staff 21 Operating Supplies Outdoor Center 20 Conference/Training Fleet Operating 20 Licenses, Taxes, Fees Utility Operations - General 20 Special Event Fees Senior Center Programs 20 Conference/Training Facilities Staff 20 Conference/Training Facilities Staff 20 Software/Hardware Maint.IT Operating 20 Operating Supplies Fire 20 Operating Supplies Police Sworn 18 Employee Award Organizational Services 18 Operating Supplies Police Sworn 18 Operating Supplies Arts Center 17 Operating Supplies Arts Center 17 Operating Supplies Arts Center 17 Equipment Repair & Maint Public Safety Communications 17 Operating Supplies Recreation Admin 17 Operating Supplies Police Sworn 17 Operating Supplies Arts Center 17 Operating Supplies Arts Center 17 Operating Supplies Skating Rinks/Warming Houses 17 Bank and Service Charges Customer Service 16 Operating Supplies Arts Center 16 Other Contracted Services Organizational Services 16 Other Contracted Services Organizational Services 16 Operating Supplies Housing and Community Service Amount Account Description Business Unit 16 Training Supplies Fire 15 Conference/Training Planning 14 Software/Hardware Maint.IT Operating 14 Operating Supplies Volunteers 14 Operating Supplies Arts Center 14 Repair & Maint. Supplies Water Treatment 14 Operating Supplies Arts Center 14 Operating Supplies Police Sworn 13 Repair & Maint. Supplies Police (City Cost) 12 Operating Supplies Police Sworn 12 Tuition Reimbursement/School Police Sworn 12 Miscellaneous IT Operating 12 Operating Supplies Arts Center 11 Operating Supplies Arts Center 11 Computers IT Operating 11 Operating Supplies Pool Operations 11 Operating Supplies Arts Center 10 Licenses, Taxes, Fees Street Maintenance 10 Repair & Maint. Supplies Water Distribution 10 Operating Supplies Special Events & Trips 10 Operating Supplies Police Sworn 10 Operating Supplies Park Maintenance 10 Operating Supplies Police Sworn 9 Repair & Maint. Supplies Fire 9 Repair & Maint. Supplies Water Distribution 9 Operating Supplies Arts Center 9 Operating Supplies Arts Center 9 Operating Supplies Arts Center 8 Operating Supplies Fitness Admin. 7 Operating Supplies Arts Center 7 Operating Supplies Arts Center 5 Operating Supplies Arts Center 5 Operating Supplies Den Road Liquor Store 5 Licenses, Taxes, Fees Fleet Operating 4 Dues & Subscriptions Police Sworn 3 Operating Supplies Arts Center 1 Operating Supplies Park Maintenance 1 Dues & Subscriptions Fleet Operating 0 Operating Supplies Fire -9 Operating Supplies Arts Center -17 Operating Supplies Arts Center -21 Repair & Maint. Supplies Wasterwater Collection -62 Repair & Maint. Supplies Wasterwater Collection -64 Operating Supplies Recreation Admin -68 Repair & Maint. Supplies Wasterwater Collection -175 Tuition Reimbursement/School Police Sworn -227 Tuition Reimbursement/School Police Sworn -261 Tuition Reimbursement/School Police Sworn -429 Equipment Repair & Maint Park Maintenance -495 Tuition Reimbursement/School Police Sworn -673 Operating Supplies Fire -1,188 Deposits General Fund -4,100 Conference/Training Police Sworn 78,137 Report Total CITY COUNCIL AGENDA SECTION: Reports of Council Members DATE: March 16, 2021 DEPARTMENT Office of the City Manager ITEM DESCRIPTION: Resolution Supporting the “Wyland Mayor’s Challenge for Water Conservation” ITEM NO.: XIV.A.1. Requested Action Move to: Adopt the resolution supporting the Wyland Mayor’s Challenge for Water Conservation. Synopsis The attached resolution is a commitment from the City of Eden Prairie to once again support water conservation efforts by encouraging residents to participate in the Mayor’s Challenge for Water Conservation from April 1 to April 30, 2021. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021-__ RESOLUTION SUPPORTING THE “WYLAND MAYOR’S CHALLENGE FOR WATER CONSERVATION” WHEREAS, the City of Eden Prairie continues to explore ways to manage residential consumption of water and power, and to inspire its residents to care for our natural resources; and WHEREAS, the City of Eden Prairie can engage in efforts to inspire its residents to become better environmental stewards; and WHEREAS, the 10th annual National Mayor’s Challenge for Water Conservation presented by the Wyland Foundation, is a non-profit challenge to residents to encourage pollution reduction and smart water use; and WHEREAS, with the encouragement of their Mayors, residents may register participation in their city's Challenge online by making simple pledges to decrease their water use and to reduce pollution for the period of one year, thereby assisting their cities to apply State and Federal water conservation strategies and to target mandated reductions; and WHEREAS, for the month of April 2021 the City of Eden Prairie wishes to encourage its residents to take the “Wyland Mayor’s Challenge for Water Conservation” by making a series of online pledges at mywaterpledge.com to reduce their impact on the environment and to see immediate savings in their water, trash and energy bills. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie: I. The City of Eden Prairie agrees with and supports the “Wyland Mayor's Challenge for Water Conservation.” II. The program is to be implemented from April 1–30, 2021, through a series of communication and outreach strategies to encourage Eden Prairie residents to take the conservation “Challenge.” ADOPTED by the Eden Prairie City Council on this 16th day of March 2021. ____________________________ Ronald A. Case, Mayor ATTEST: ______________________________ Kathleen Porta, City Clerk CITY COUNCIL AGENDA SECTION: Report of Public Works Director DATE: March 16, 2021 DEPARTMENT/DIVISION: Robert Ellis Public Works ITEM DESCRIPTION: IC 15-5904 Agreement with Republic Services for material disposal at the 2021 Drop Off Day Event ITEM NO.: XIV.E.1. Requested Action Move to: Approve Agreement with Republic Services for material disposal at the 2021 Drop Off Day Event at an estimated cost of $63,672.88. Synopsis A request for proposal was sent to two waste hauler companies. Republic Services was the only vendor to submit a proposal. The proposal included an estimated price of $63,672.88 for material disposal services. The event will be held Saturday morning on June 19, 2021. Background Information The City began providing a cleanup event in 1995 with a few basic items, such as such as yard waste, construction debris, general household trash and recyclables. In 2002 the cleanup was moved to the Hennepin Technical College as the Allied Waste facility could no longer handle the number of people that came to the event. The change allowed the City to increase the number and types of materials including bicycle, yard waste, scrap metal, appliances, electronics, tires, fluorescent bulbs, and propane tanks all for recycling. Over time the event has become so popular it has outgrown the Hennepin Technical College campus. In 2021, the City will open a yard waste site open during the spring, summer and fall months. As a results yard waste will no longer be a part of the Drop Off Day Event. The City will also host two separate events for curbside pick-up and drop off of appliances, electronics, tires, e-waste and other miscellaneous items for recycling. One of those events will occur in the spring and the other in the fall. By separating the recycling events from the Drop Off event we will greatly reduce traffic congestion which has plagued the Drop Off event in recent years. The 2021 agreement includes provisions for 18 rear load trucks for general trash, four 30-yard dumpsters for construction and demolition, one 30-yard dumpster for scrap metal, one 8-yard dumpster for cardboard, as well as 47 personnel to operate equipment, load debris and route traffic. This is an increase of 8 rear loads trucks for general trash, one dumpster for construction and demolition debris, and 17 personnel as compared to the 2019 event. Attachment Agreement