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HomeMy WebLinkAboutCity Council - 05/18/2021 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MAY 18, 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. RACE AND EQUITY INITIATIVE UPDATE Open Podium - Council Chamber (6:30) II. OPEN PODIUM A. TOM ROBERTS – RIVERVIEW ROAD III. ADJOURNMENT EDEN PRAIRIE RACE EQUITY INITIATIVE COUNCIL WORKSHOP MAY 18, 2021 Race Equity Initiative Project Statement The City of Eden Prairie would like to find ways for the City to become more responsive to residents’ diverse needs and to advance racial equity, diversity, and inclusion. We will be actively engaging with the community to learn about our members’ needs.We will also complete a review of current policies and procedures to identify barriers. As a result, we hope this project will create and strengthen community relationships, encourage shared decision making and minimize disparities wherever possible. Race Equity Initiative Areas of Inquiry 1.Emergency Response 2.Facility/Program Accessibility and Culture 3.Recruiting, Hiring and Retention 4.Connection to Community 5.Community Experience 6.Developing Future Leaders Race Equity Initiative Landmark Dates December 2020: Project definition and grounding Design engagement process January 2021: Internal scan (document review and interviews) February 2021: Review of literature on best practices April 2021: Community Listening June 2021:Data analysis and review of findings July 2021: Reporting of findings Race Equity Initiative Internal Scan 37 Documents from 3 inquiry areas: Recruiting, Hiring and Retention: 47% Connection to Community: 19% Emergency Response (Police): 33% Race Equity Initiative Internal Interviews Area of Inquiry Individual Interviews (Leadership) Individual Interviews (Staff)Focus Groups Emergency Response Police Leadership Police/Fire Personnel (11 participants) Police Leadership Focus Group Hiring, Recruitment and Retention Human Resources (2 participants) Diverse Employee Focus Group Connection to Community City Leadership (7 participants) Community Experience Customer-Facing Employee Focus Group Race Equity Initiative World Café Events Resident input was provided through World Café Events Conducted virtually Community liaisons served as a connection to community members from diverse communities Expectation of confidentiality Included topics from 5 areas of inquiry Race Equity Initiative Community Organization Sessions Non-Profit Organizations gave input through conversations with Commissioners Conversations were facilitated by Commissioners 14 participants from 6 Eden Prairie organizations Interview protocol mirrored the World Café protocol Conversation notes were submitted to DeYoung for analysis alongside World Café sessions Race Equity Initiative Equity and Inclusion Survey The City of Eden Prairie released a communitywide survey in June 2020 812 participants Not specific to the framework of the EPREI, but provided additional insight into community perspectives Data can be disaggregated for deeper analysis Race Equity Initiative Next Steps Mid August-Early September: Presentation to City Council Late July: Final Report Completed by DeYoung Consulting Mid-July: Review by Human Rights and Diversity Commission Late June: Review by City Project Team Mid-June: Draft Report Completed by DeYoung Consulting QUESTIONS OR FEEDBACK? AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 18, 2021 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Maggie Neuville, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. ARBOR DAY PROCLAMATION B. STERLING AWARD FOR TREE CITY USA ACCOMPLISHMENTS C. HUMAN RIGHTS AWARDS D. ACCEPT DONATION FROM LOCAL RESIDENT TOWARDS SENIOR CENTER UPGRADES (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 4, 2021 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 4, 2021 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LICENSE LIST B. APPROVE CONTRACT FOR GOODS AND SERVICES WITH ISPACE ENVIRONMENTS FOR UPGRADES TO EOC STATION 4 TECHNOLOGY CITY COUNCIL AGENDA May 18, 2021 Page 2 C. APPROVE AGREEMENT WITH TYLER TECHNOLOGIES FOR IMPLEMENTATION OF MOBILEEYES MOBILE FOR FIRE DEPARTMENT D. AWARD CONTRACT TO JOHNSON CONTROLS INC. FOR CITY CENTER BOILERS REPLACEMENT E. AWARD CONTRACT TO CASTRO CLEANING LLC FOR ANNUAL CLEANING SERVICES AT WATER TREATMENT PLANT F. AWARD CONTRACT TO NORTHSTAR MUDJACKING FOR 2021 MUDJACKING G. AWARD CONTRACT TO GMH ASPHALT CORPORATION FOR CUMBERLAND ROAD REHAB H. APPROVE AGREEMENT WITH HTPO FOR ENGINEERING SERVICES FOR REHABILITATING TWO CITY SANITARY SEWER LIFT STATIONS I. APPROVE AGREEMENT WITH AE2S FOR ENGINEERING SERVICES FOR INSTRUMENTATION AND CONTROLS AT TWO CITY SANITARY SEWER LIFT STATIONS J. AWARD BIDS AND ENTER INTO CONSTRUCTION AGREEMENT WITH BKJ FOR MARTIN DRIVE TRAIL CONSTRUCTION K. APPROVE AGREEMENT FOR CONSTRUCTION ADMINISTRATION SERVICES WITH HTPO FOR MARTIN DRIVE SIDEWALK IMPROVEMENTS PROJECT L. AUTHORIZE LEASE WITH METROPOLITAN AIRPORTS COMMISSION FOR FLYING CLOUD BALLFIELDS IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS CITY COUNCIL AGENDA May 18, 2021 Page 3 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 1. Presentation of the 2020 Annual Report G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: May 14, 2021 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, May 18, 2021 ___________________________________________________________________________________________ TUESDAY, MAY 18, 2021 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II.PLEDGE OF ALLEGIANCE III.OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium, please contact the City Manager’s Office at 952.949.8412 by noon of the meeting date with your name, phone number, and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium, please contact the City Manager’s Office. IV.PROCLAMATIONS / PRESENTATIONS A. ARBOR DAY PROCLAMATION B. STERLING AWARD FOR TREE CITY USA ACCOMPLISHMENTS Synopsis: The City has been taking part in the Tree City USA program since the early 1980s. The program provides the framework for communities to manage and expand their public trees. In order to achieved Tree City USA status, The City must meet four core standards of sound urban forestry management; maintaining a tree board or department, having a community tree ordinance, spending at least $2 per capita on urban forestry and celebrating Arbor Day. The Tree City USA Growth Award is presented by the Arbor Day Foundation to participating Tree City USA communities that demonstrate higher levels of tree care and community engagement during the calendar year. To receive the Sterling Award, a community must receive 10 years of Growth Awards. The City of Eden Prairie is only the sixth community in Minnesota to receive this award, and the first since 2016. ANNOTATED AGENDA May 18, 2021 Page 2 Receive the Sterling Award in recognition of 10 years of Growth Awards from the Arbor Day Foundation. C. HUMAN RIGHTS AWARDS Synopsis: Human Rights & Diversity Commissioners will present the four Human Rights Awards. The Eden Prairie Manifesto continues the development of a multicultural community which will not tolerate acts of harassment and intolerance and establishes, communicates and encourages community standards that respect diversity and promote acceptance and respect for individuals in an atmosphere of caring for others. Individual Award: Joan Howe-Pullis Presenting the Award: Leslie Philmon (Tentative- may change) Joan Howe-Pullis upholds the values of the Eden Prairie Manifesto by demonstrating a deep commitment to building a more welcoming and inclusive community. She has been involved in countless community initiatives and organizations, including the Eden Prairie Housing Task Force, Eden Prairie Human Rights and Diversity Commission, Interfaith Outreach, and New American Development Center. Joan’s position as the Director of Justice at Pax Christi Catholic Community has allowed her to mobilize the Pax Christi Community in service of others through initiatives such as The Giving Garden. Joan is tireless in her service of others. From showing up at Broadmoor Apartments with a truck, ready to help displaced residents move into new housing. To advocating for affordable housing opportunities through her work on the Eden Prairie Housing Task Force. Her accomplishments and contributions are too extensive to list, but her spirit remains consistent. Joan believes that regardless of race, economic status, gender, relationship status- all are equal stakeholders. It is a recognition that whether you are a new arrival to Eden Prairie, or a longtime resident, Eden Prairie is stronger when there is a place for everyone. Her impact on our community is immeasurable and we are honored to recognize her tonight. Youth Award: Abshir Noor Presenting the Award: Serena Jain (Tentative- may change) Abshir Noor upholds the values of the Eden Prairie Manifesto by supporting his fellow students as they strive to maintain their educational goals during the COVID crisis. By helping his peers maintain a connection to their education, he eased their mental strain during distance learning. He encourages his peers to treat one another with respect and accept one another for who they are. His future is bright, as he pursues an internship to learn the science of soil cultivation. He plans to develop skills to battle food insecurity by empowering ANNOTATED AGENDA May 18, 2021 Page 3 youth to grow their own food. Abshir is a shining example of a young person that strives to support those around him and we look forward to seeing where his path takes him. Non-Profit Award: The Hope Speaks Project (Unable to attend, sent message in lieu of appearance, commissioner will read) Presenting the Award: Sam Griffin The Hope Speaks Project upholds the values of the Eden Prairie Manifesto by providing a platform for parents to learn how to talk about racism with their children, for parents to build relationships with one another and support a strong multicultural community in Eden Prairie. The Hope Speaks Project recognized that silence perpetuates racism and that there is a need for families to have honest, open, personal and engaged conversations to actively combat racism in our homes and community. Co-Executive Directors, Megan Malone and Kristen Pehl, provide a support environment for participants to have uncomfortable conversations and the compassion that they model empowers participants to go into our community with a greater understanding of ourselves, neighbors and community. By empowering community members to address racism head on, The Hope Speaks Projects makes a brighter future possible. Business Award: Southwest Transit Prime MD Presenting the Award: Phil Skeie Southwest Transit’s Prime MD program upholds the values of the Eden Prairie Manifesto by providing non-emergency medical transportation to ensure that residents have access to appropriate medical care. Transportation access impacts the daily lives of residents and is a social determinant of health. Seniors, individuals with disabilities, and those with barriers to transportation benefit most from Prime MD’s services. As Eden Prairie’s demographics continue to shift, accessible transportation has been a challenge for community members. Prime MD offers the opportunity for residents to maintain their independence and health needs and we are thrilled to recognize them this evening. D. ACCEPT DONATION FROM LOCAL RESIDENT TOWARDS SENIOR CENTER UPGRADES (Resolution) Synopsis: This donation from a local resident will go to the Senior Center to fund building renovations that improve accessibility, traffic flow and overall customer service. MOTION: Move to adopt the Resolution accepting the donation in the amount of $25,000 from a local resident to go towards Senior Center building improvements. ANNOTATED AGENDA May 18, 2021 Page 4 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, MAY 4, 2021 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 4, 2021 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR MOTION: Move approval of items A-L on the Consent Calendar. A. CLERK’S LICENSE LIST B. APPROVE CONTRACT FOR GOODS AND SERVICES WITH ISPACE ENVIRONMENTS FOR UPGRADES TO EOC STATION 4 TECHNOLOGY C. APPROVE AGREEMENT WITH TYLER TECHNOLOGIES FOR IMPLEMENTATION OF MOBILEEYES MOBILE FOR FIRE DEPARTMENT D. AWARD CONTRACT TO JOHNSON CONTROLS INC. FOR CITY CENTER BOILERS REPLACEMENT E. AWARD CONTRACT TO CASTRO CLEANING LLC FOR ANNUAL CLEANING SERVICES AT WATER TREATMENT PLANT F. AWARD CONTRACT TO NORTHSTAR MUDJACKING FOR 2021 MUDJACKING G. AWARD CONTRACT TO GMH ASPHALT CORPORATION FOR CUMBERLAND ROAD REHAB H. APPROVE AGREEMENT WITH HTPO FOR ENGINEERING SERVICES FOR REHABILITATING TWO CITY SANITARY SEWER LIFT STATIONS ANNOTATED AGENDA May 18, 2021 Page 5 I. APPROVE AGREEMENT WITH AE2S FOR ENGINEERING SERVICES FOR INSTRUMENTATION AND CONTROLS AT TWO CITY SANITARY SEWER LIFT STATIONS J. AWARD BIDS AND ENTER INTO CONSTRUCTION AGREEMENT WITH BKJ FOR MARTIN DRIVE TRAIL CONSTRUCTION K. APPROVE AGREEMENT FOR CONSTRUCTION ADMINISTRATION SERVICES WITH HTPO FOR MARTIN DRIVE SIDEWALK IMPROVEMENTS PROJECT L. AUTHORIZE LEASE WITH METROPOLITAN AIRPORTS COMMISSION FOR FLYING CLOUD BALLFIELDS IX. PUBLIC HEARINGS / MEETINGS X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF 1. Presentation of the 2020 Annual Report G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY ANNOTATED AGENDA May 18, 2021 Page 6 XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. PROCLAMATION ARBOR DAY – April 30, 2021 WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for homes, fuel for our fires and countless other wood products; and WHEREAS, trees, whenever they are planted, are a source of joy and spiritual renewal; and WHEREAS, Eden Prairie first celebrated Arbor Day in 1982; and WHEREAS, Eden Prairie has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree stewardship and tree planting ways. NOW, THEREFORE, I, Ron Case, Mayor of the City of Eden Prairie, Minnesota, do hereby proclaim April 30th, 2021, as Arbor Day in the City of Eden Prairie, and urge all citizens to support efforts to protect our trees and woodlands and to support our City’s urban forestry program; and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well-being of present and future generations. ADOPTED by the Eden Prairie City Council on May 18, 2021. Ronald A. Case, Mayor ITEM NO.: IV.A. CITY COUNCIL AGENDA SECTION: Proclamations and Presentation DATE: May 18, 2021 DEPARTMENT/DIVISION: Matt Bourne Lauren Stufft Parks and Recreation ITEM DESCRIPTION: Presentation of the Sterling Award from the Arbor Day Foundation ITEM NO.: IV.B. Requested Action Receive the Sterling Award in recognition of 10 years of Growth Awards from the Arbor Day Foundation. Synopsis The City has been taking part in the Tree City USA program since the early 1980s. The program provides the framework for communities to manage and expand their public trees. In order to achieved Tree City USA status, The City must meet four core standards of sound urban forestry management; maintaining a tree board or department, having a community tree ordinance, spending at least $2 per capita on urban forestry and celebrating Arbor Day. The Tree City USA Growth Award is presented by the Arbor Day Foundation to participating Tree City USA communities that demonstrate higher levels of tree care and community engagement during the calendar year. To receive the Sterling Award, a community must receive 10 years of Growth Awards. The City of Eden Prairie is only the sixth community in Minnesota to receive this award, and the first since 2016. CITY COUNCIL AGENDA SECTION: Presentations DATE: May 18, 2021 DEPARTMENT/DIVISION: Janet Jeremiah, Community Development Director. Jonathan Stanley, Housing & Community Services Manager ITEM DESCRIPTION: Human Rights Awards ITEM NO.: IV.C. Synopsis Human Rights & Diversity Commissioners will present the four Human Rights Awards. The Eden Prairie Manifesto continues the development of a multicultural community which will not tolerate acts of harassment and intolerance and establishes, communicates and encourages community standards that respect diversity and promote acceptance and respect for individuals in an atmosphere of caring for others. Individual Award: Joan Howe-Pullis Presenting the Award: Leslie Philmon (Tentative- may change) Joan Howe-Pullis upholds the values of the Eden Prairie Manifesto by demonstrating a deep commitment to building a more welcoming and inclusive community. She has been involved in countless community initiatives and organizations, including the Eden Prairie Housing Task Force, Eden Prairie Human Rights and Diversity Commission, Interfaith Outreach, and New American Development Center. Joan’s position as the Director of Justice at Pax Christi Catholic Community has allowed her to mobilize the Pax Christi Community in service of others through initiatives such as The Giving Garden. Joan is tireless in her service of others. From showing up at Broadmoor Apartments with a truck, ready to help displaced residents move into new housing. To advocating for affordable housing opportunities through her work on the Eden Prairie Housing Task Force. Her accomplishments and contributions are too extensive to list, but her spirit remains consistent. Joan believes that regardless of race, economic status, gender, relationship status- all are equal stakeholders. It is a recognition that whether you are a new arrival to Eden Prairie, or a longtime resident, Eden Prairie is stronger when there is a place for everyone. Her impact on our community is immeasurable and we are honored to recognize her tonight. Youth Award: Abshir Noor Presenting the Award: Serena Jain (Tentative- may change) Abshir Noor upholds the values of the Eden Prairie Manifesto by supporting his fellow students as they strive to maintain their educational goals during the COVID crisis. By helping his peers maintain a connection to their education, he eased their mental strain during distance learning. He encourages his peers to treat one another with respect and accept one another for who they are. His future is bright, as he pursues an internship to learn the science of soil cultivation. He plans to develop skills to battle food insecurity by empowering youth to grow their own food. Abshir is a shining example of a young person that strives to support those around him and we look forward to seeing where his path takes him. Non-Profit Award: The Hope Speaks Project (Unable to attend, sent message in lieu of appearance, commissioner will read) Presenting the Award: Sam Griffin The Hope Speaks Project upholds the values of the Eden Prairie Manifesto by providing a platform for parents to learn how to talk about racism with their children, for parents to build relationships with one another and support a strong multicultural community in Eden Prairie. The Hope Speaks Project recognized that silence perpetuates racism and that there is a need for families to have honest, open, personal and engaged conversations to actively combat racism in our homes and community. Co-Executive Directors, Megan Malone and Kristen Pehl, provide a support environment for participants to have uncomfortable conversations and the compassion that they model empowers participants to go into our community with a greater understanding of ourselves, neighbors and community. By empowering community members to address racism head on, The Hope Speaks Projects makes a brighter future possible. Business Award: Southwest Transit Prime MD Presenting the Award: Phil Skeie Southwest Transit’s Prime MD program upholds the values of the Eden Prairie Manifesto by providing non-emergency medical transportation to ensure that residents have access to appropriate medical care. Transportation access impacts the daily lives of residents and is a social determinant of health. Seniors, individuals with disabilities, and those with barriers to transportation benefit most from Prime MD’s services. As Eden Prairie’s demographics continue to shift, accessible transportation has been a challenge for community members. Prime MD offers the opportunity for residents to maintain their independence and health needs and we are thrilled to recognize them this evening. Human Rights and Diversity Commission members are:  Greg Leeper, Chair  Shahram Missaghi, Vice Chair  Leslie Philmon  Katherine Lucht  Asad Aliweyd  Philip Skeie  Tyler Aman  Sana Elassar  Anjali Limaye  Samuel Griffin  Michael Mullins  Susan Weaver  Jon Urbanski CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: May 18, 2021 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation from Local Resident to Senior Center ITEM NO.: IV.D. Requested Action Move to: Adopt the Resolution accepting the donation in the amount of $25,000 from a local resident to go towards Senior Center building improvements. Synopsis This donation from a local resident will go to the Senior Center to fund building renovations that improve accessibility, traffic flow and overall customer service. Background The Eden Prairie Senior Center, when fully operational, generates several hundred visits per week for drop-in programs, enrichment classes, fitness opportunities and social events. Prior to the pandemic, participation had shown significant annual growth and the community’s use of this resource is expected to continue to increase in the coming years. Several building improvements have been identified that will enhance the accessibility, functionality and overall welcoming environment at the Senior Center. The mission of the Eden Prairie Senior Center is to provide for social, recreational, educational, psychological and physical needs; enhance the visibility of older adults; and promote their participation in all aspects of community life. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2021- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $25,000 from a local resident to be used for the Senior Center building improvements is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 18th day of May 2021. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Kathleen Porta, City Clerk UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MAY 4, 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.2020 AUDIT AND FINANCIAL STATEMENTS (5:30-6:15 p.m.) Andrew Grice, Certified Public Accountant (CPA) with BerganKDV, presented an overview of the 2020 audit and financial statements. BerganKDV provided an unmodified and clean opinion on the financial statements. They issue a report in accordance with Government Auditing Standards. There were no significant deficiencies in internal control and no compliance findings. They also conducted a Federal Single Audit since the City utilized two federal programs totaling more than $750,000. This included the Coronavirus Relief Funds and the Federal Transit Capital Improvement Grant. There were no internal control deficiencies to note and no compliance findings to report. The Independent Auditor’s Report on Minnesota Legal Compliance was conducted and no compliance findings were found. Case inquired how the findings compare to other cities. Grice responded the City is within the top five percent or higher. Grice stated they also issued a communications letter. This provides information on how they consider internal controls part of the audit, required communication, and provides a financial analysis. The general fund revenues presented show a five year history. Revenue in total increased about $1.7 million. There were significant changes in a couple categories. Charges for services decreased about $3.7 million. The largest impact was the COVID-19 pandemic. This category includes fees associated with operating the Eden Prairie Community Center (EPCC), youth programs, organized athletics, and the Senior Center. All of these were significantly impacted. Intergovernmental revenues increased from $1.8 million to just over $6.2 million. The City received just over $4.4 million in Coronavirus relief funds, causing a significant increase. Tax revenues increased about $1.3 million. This was an increase in the City Council Workshop Minutes May 4, 2021 Page 2 amount allocated in terms of the levy to the general fund. Other sources had minimal difference. Grice stated in regards to general fund expenditures there were some impacts from the pandemic. Overall general fund expenditures decreased about $385,000. There were some impacts to parks and recreation due to changes in programming. There was a significant decrease of $1.4 million. Fire expenditures for the year increased about one half million dollars. This was due to an increase in wages, benefits, supplies, equipment, repairs and maintenance, and other various expenditures. Grice provided a comparison of the general fund budget to actual results. Originally, the budget called for about $48 million in revenues and about $48 million in expenditures. Effectively there was a flat budget for the year. Actual revenues came in around $51 million, better than anticipated. There was a $2.8 million less expenditures than anticipated. Charters for services were about $3.9 million under budget. Intergovernmental revenue exceeded the budget by $5 million due to Coronavirus Relief Funds. Licenses and permits were over budget by about $1.1 million. Investment revenues were about $336,000 better than anticipated. Tax revenue was about $323,000 better than anticipated. These were all related to conservative budgeting. Case inquired if there are political ramifications for the budget being in the positive by $5 million. Kotchevar responded there were qualifying expenditures for the grant revenue, and they were able to transfer funds to the capital improvement plan. Initially they were unaware there would be more federal funding and some of the money was allocated for 2021. The long-term effects of Coronavirus are still unknown, so they continue to be prudent with the funds. Getschow noted they are in a similar scenario to other cities, and it is politically and legally alright. He noted another contributor was development revenue was very positive this year. A lot of revenue was lost in other areas such as parks and recreation. Grice stated it is very consistent with how they are seeing funds utilized across the State. Most cities, based on specific guidance from the Department of Treasury, are taking advantage of the approach of using funds towards public safety costs. Grice stated in regards to expenditures the City had about six percent variance in the budget. The public works department came in under budget by about $398,000 due to less design engineering, repair and maintenance, and electrical costs. General fund operations includes the cash and investment balances for the last five years as well as the unassigned fund balance. The general fund unassigned fund balance is a great way to evaluate the financial health of the general fund. The unassigned fund balance remained relatively consistent, increasing about $843,000. The unassigned fund balance at the end of the year does comply with the City’s policy. City Council Workshop Minutes May 4, 2021 Page 3 Grice presented on the City’s enterprise funds, specifically the water fund operations. Operating revenues increased about $1.3 million. This was the result of a change in rates and usage and continued development in the City. Operating expenses decreased about $228,000 due to less expenses related to capital items in 2020. The net effect was an operating loss of $354,000, a significant improvement over prior years. The depreciation was $2.9 million, a non-cash operating expense. When excluding depreciation, the fund is positive $2.5 million. Grice provided an overview of cash and investment balances and the unrestricted net position. Unrestricted net position is the metric used to evaluate enterprise funds. The cash and investment balances did decrease by $2.8 million. Unrestricted net position decreased $6.6 million. However, this was a result of capital improvements done in 2020, specifically the ground storage reservoir. In regards to the wastewater fund, there was an increase in operating revenue of $169,000 based on rates and usage. Expenses decreased by $157,000, related to a decrease in Metropolitan Council user fees. The operating loss was $605,000, a significant improvement over prior years. The City is covering about 64 percent of depreciation costs. If this were excluded there would be a positive operating surplus for the year of just over $1 million. Toomey inquired if it is unusual for the Metropolitan Council to decrease their fees. Getschow responded yes. Ellis stated he would argue the decrease is due to City efforts of cleaning lines, sealing of man holes, and getting residents to reroute their sump pump discharge out of the sanitary sewage. This reduces everyone’s total cost. Grice stated cash and investment balances and the unrestricted net position of this fund is trending up. Cash and investments increased $1.4 million and the unrestricted net position increased $1.2 million. In the stormwater fund there was an increase of $251,000 and expenses increased $116,000. The increase in expenses relate to engineering costs and contracted services. In total, there was a surplus of about $858,000. The fund is covering 100 percent of depreciation costs. Excluding depreciation, there was a surplus for the year of about $2 million. The cash and investment and unrestricted net position of the stormwater fund continues to grow. A $1.8 million increase in cash and investment balances and a total of $5.2 million in unrestricted net position. In regards to the liquor fund, there was an increase in sales of about 6.7 percent. This is consistent with other cities as there were less people going to bars and restaurants. There was a total operating income of $1.1 million, the highest in the last five years. The gross profit percentage did increase from 2019 to 2020. Case inquired when Total Wine moved nearby. Kotchevar responded around 2017. Case noted we have recovered. Kotchevar stated in the past the fund did not include the Den Road building fund. About $150,000 of the profit is related to the Den Road building. Nelson inquired if the full amount is transferred. Kotchevar responded they transferred $850,000 to provide a consistent transfer to the capital improvement plan (CIP). Freiberg inquired what fund the difference gets transfer to. Kotchevar stated it is retained in the liquor operations fund. Getschow noted we approached $12 million in sales, similar to their best years. City Council Workshop Minutes May 4, 2021 Page 4 Grice stated there were increases in both the cash and investments and unrestricted net position of the liquor fund. Cash and investments increased $460,000 and unrestricted net position increased $402,000. In regards to governmental activities, the intergovernmental revenues decreased due to a significant amount of street aid provided in 2019. Licenses and permits decreased per capita. Charges for services decreased, with recreation programs having a large impact. In regards to governmental activities expenditures per capita, administration is significantly below the amount spent per capita state-wide. Overall, the governmental expenditures per capita decreased $175. The majority is related to a significant amount of capital outlays in 2019. One other interesting thing to note is significantly less debt service compared to state-wide expenditures. Case noted the parks and recreation expenditures are much higher for our City in comparison to other cities state-wide because the City values parks and open spaces. Grice stated the tax capacity has increased consistently, with a 3.5 percent increase in the last year. The levy increased about 3.5 percent as well, allowing the City to maintain a flat tax capacity rate at 31.51 percent. It is the lowest in the last five years. Case thanked BerganKDV as well as the finance staff who continue to do great work. Council echoed those sentiments. II. FINANCIAL POLICIES (6:15-6:30 p.m.) Sue Kotchevar, Finance Manager, stated it is the beginning of the two year budget process again, so they would like to take this opportunity remind everyone of the financial policies. The policies help protect the City from financial emergencies and help in times of transition. The objective of the policies are to protect and enhance the City Council’s policy-making ability. With COVID-19, before the relief funds arrived, there were funds to help the City transition before it would have been an emergency. The City practices having a balanced budget and does not use one-time revenues for ongoing operations. Accurate information is provided about the full cost of the City’s operations, proposals, and capital requests. Staff are asked to determine the costs of their capital as well as the operating costs to have the full impact and information on how to budget. These practices are done for the utility funds as well, and periodically an outside rate study is conducted. Staff provide accurate and timely information through preparing quarterly reports and annual reporting. They are done with their financials earlier than most cities, even cities similar in size. They ensure the legal use and protection of all City funds through a good system of financial and accounting controls. These policies and procedures help protect and enhance the City’s credit rating. Kotchevar stated in regards to financial management they save time by developing a two- year budget. In regards to revenue, the City budgets conservatively. Departments are asked to budget for fees and charges and estimate for inflation. The City sets fees and user charges for utility enterprise funds at a level that fully supports the total costs. This is done through the CIP and utility rate studies. The City has an independent audit and contracts with an auditor City Council Workshop Minutes May 4, 2021 Page 5 for three years. After the three years they have consistently switched auditors to have a fresh set of eyes on their policies and processes and to determine room for improvement. Annually Staff work to maintain recognition from the Government Finance Officers Association (GFOA) stating they are following all national standards. In regards to debt policy, the City tries to only issue debt for larger projects with a life of more than five years but less than 20. At least 50 percent of the principal should be paid off within ten years. The City’s percentage was at 74 percent the last time they issued debt. The total debt levy shall remain under 15 percent of the general fund budget. The City does not issue any variable rate debt. The debt is planned through the Capital Improvement Plan. Most of the projects are paid with cash through the CIP, the City’s strong pay-as-you-go program. Liquor profits are a dedicated funding source of the CIP. Getschow added the other benefit of the two-year budget is the dedicated time Staff spend on the CIP during the off year. Kotchevar stated the fund balance policies have been in place for quite some time, and the City is in compliance. The City has other policies, but the policies presented are the key policies related to the budget process. Narayanan inquired if the liquor fund profits are dedicated to specific projects in the CIP or generally funded. Kotchevar replied the CIP is one pool for general City dollars. The CIP is updated as requests are made and is balanced based on the total amount available. Getschow added the capital improvement and maintenance fund are the catch all for projects that do not have dedicated funds. Nelson inquired if playground improvements are funded from these funds. Lotthammer responded if it is a replacement, they are often funded from the capital reinvestment fund. If it is new or a substantial improvement it is often funded from both the capital reinvestment fund and capital improvement. Open Podium - Council Chamber (6:30) III. OPEN PODIUM IV. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 4, 2021 7:00 PM, CITY CENTER CITY COUNCIL: Mayor Ron Case, Council Members Mark Freiberg, PG 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, City Planner Julie Klima, 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 Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. 2020 ANNUAL COMPREHENSIVE FINANCIAL REPORT Getschow explained Minnesota statutes require that the City prepare an annual financial report and statements in accordance with Generally Accepted Accounting Principles. The 2020 report was prepared by the Finance Division and audited by the independent auditing firm of BerganKDV. The Council received a detailed presentation of the report at tonight’s workshop meeting. The full report is available on line. Andrew Grice, representing BerganKDV, gave a PowerPoint presentation on the 2020 financial report. He reported they were able to issue a “clean” or “unmodified” opinion on the financial statements. In addition, there were no compliance findings for Government Auditing standards, the Federal Single Audit and the Report on Minnesota Legal compliance. He reviewed the General Fund revenues of $51,003,613 and General Fund expenditures of $45,851,253. The tax capacity rate has remained flat for the last five years. Narayanan thanked City Manager Getschow and the staff for the wonderful job of managing our finances. Case pointed out we are one of the few cities that has received a AAA bond rating over the past couple of decades. Further, we have an amazing record over the past 40 years of CITY COUNCIL MINUTES May 4, 2021 Page 2 investing in our environment and in our parks and recreation while being fiscally responsible and having a stable budget. MOTION: Toomey moved, seconded by Nelson to accept the 2020 Annual Comprehensive Financial Report (ACFR). Motion carried 5-0. B. SENIOR AWARENESS MONTH PROCLAMATION Lotthammer said this item comes around every year during Senior Awareness Month in May. During the colder weather and the COVID restrictions we had virtual events for our seniors, but in May we will offer some in-person events and activities inside the Senior Center. He reviewed several of the activities planned for the month. Nelson asked what the hours will be for the shredding truck. Lotthammer said he would have to check the exact hours and get back to her. Case read a proclamation proclaiming May 2021 as Senior Awareness Month. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Narayanan moved, seconded by Freiberg, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, APRIL 20, 2021 B. CITY COUNCIL MEETING HELD TUESDAY, APRIL 20, 2021 MOTION: Nelson moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, April 20, 2021, and the City Council meeting held Tuesday, April 20, 2021, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CODE AMENDMENT FOR GYMNASIUMS by City of Eden Prairie. Second Reading of Ordinance No. 5-2021 to amend City Code Chapter 11 relating to Gymnasiums (Ordinance No. 5-2021) B. 7076-7078 SHADY OAK FAÇADE REMODEL by SOT G OWNER LLC. Resolution No. 2021-31 for Site Plan minor amendment review on 6.31 acres; Development agreement (Resolution No. 2021-31 for Site Plan Minor Amendment Review, Development Agreement) CITY COUNCIL MINUTES May 4, 2021 Page 3 C. APPROVE SECOND READING OF ORDINANCE NO. 6-2021 AMENDING CITY CODE CHAPTER 5, SECTION 5.36 RELATING TO LICENSING OF COLLECTORS OF WASTE AND ADOPT RESOLUTION NO. 2021-32 APPROVING SUMMARY ORDINANCE D. APPROVE CONTRACT WITH ELBIT SYSTEMS OF AMERICA FOR PURCHASE OF NIGHT VISION SYSTEMS AND ASSOCIATED EQUIPMENT E. AWARD CONTRACT FOR PURCHASE OF MATERIAL AND INSTALLATION OF CITY CENTER BOILERS REPLACEMENT TO JOHNSON CONTROLS INC. F. AWARD CONTRACT FOR 2021 SURFACE SEAL PROJECT TO CORRECTIVE ASPHALT MATERIALS, LLC G. AWARD CONTRACT FOR 2021 PAVEMENT REHAB PROJECT TO BITUMINOUS ROADWAYS, INC. H. APPROVE PSA WITH BRAUN INTERTEC CORPORATION FOR 2021 PAVEMENT REHAB PROJECT I. DECLARE POLICE SQUAD #239 SURPLUS PROPERTY AND AUTHORIZE REPLACEMENT VEHICLE PURCHASE J. APPROVE PSA WITH BLUE WATER SCIENCE FOR 2021 WATER QUALITY MONITORING PROGRAM K. APPROVE LICENSE AGREEMENT WITH NINE MILE CREEK WATERSHED DISTRICT HYDROLOGIC AND HYDRAULIC MODEL L. APPROVE CONSTRUCTION AGREEMENT WITH XCEL ENERGY FOR STREET LIGHTING FACILITIES ON TECHNOLOGY DRIVE Getschow said Item VIII.E. should be pulled from the Consent Calendar because it is not ready for approval. MOTION: Toomey moved, seconded by Narayanan, to approve Items A-D and F-L on the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS / MEETINGS A. NOBLE HILL (2021-02) by Pulte Homes. Resolution No. 2021-33 of Findings and Facts for Citizen Petition EAW request; Resolution No. 2021-34 for a Planned Unit Development concept review on 27.51 acres; First reading of an ordinance for Planned Unit Development with waivers and a Zoning District change from Rural to R1-9.5 on 27.51 acres; Resolution No. 2021-34 for Preliminary Plat of 3 Parcels into 50 Lots and CITY COUNCIL MINUTES May 4, 2021 Page 4 4 Outlots for 27.51 acres (Resolution No. 2021-33 for Findings and Facts for Citizen Petition EAW Request, Resolution No. 2021-34 for PUD Concept Review, Ordinance for PUD District Review and Zoning Change, Resolution No. 2021-35 for Preliminary Plat) Getschow said the Pulte Homes is requesting approval to develop 50 single-family lots on 27.51 acres located at 9955 and 9875 Spring Road. The property currently includes a single family home and a former Christmas tree farm. The City has received a citizen petition requesting an Environmental Assessment Worksheet (EAW) be conducted, and the City Council is the decision maker as to whether we are to move forward with an EAW. A decision must be made on the EAW request prior to taking action on the development project. Dean Lotter, Manager of Land Planning and Entitlement for Pulte Homes, gave an extensive PowerPoint presentation on the development. He noted a portion of the presentation will be given by John Dustman, geologist with Summit Envirosolutions. Mr. Lotter reviewed his own background and experience dealing with issues regarding groundwater contamination. He noted the Standal property is currently zoned as rural and is designated for low density residential in the City’s 2040 comprehensive plan. Mr. Lotter displayed a map of the area and pointed out Riley Creek and the associated wetland areas, a sand gravel prairie habitat and the existing vegetation on the Standal property. All of the sensitive areas will be protected on the property as part of Outlot D which will be dedicated to the City of Eden Prairie. Over 31% of the site will be dedicated as open space. He noted the Pulte development proposes nine fewer homes than a previous proposal considered previously by the Planning Commission, as well as preserving 14% more trees, reducing retaining walls by 35% and reducing the impervious surface by 5%. They identified 789 significant trees on the property, 445 of which will be removed but 344 of which will be saved. In addition, 18 of the 39 heritage trees will be saved, and Pulte will plant 327 new trees. Mr. Lotter showed examples of the homes to be built, most of which will be 3169- 3539 square feet. Pulte Homes are rated at a score of 47 to 53 on the energy efficiency scale used by the U.S. Department of Energy, whereas the typical existing home on the market scores a 130, with a lower score meaning better energy efficiency. Options offered include pre-wiring for an electric vehicle (EV). Mr. Lotter addressed the issue of the Frederick Miller Spring which is located across Spring Road from the Standal property. He stated the Standal property is not the source of the spring nor is it in the watershed of the spring. The source of Miller Spring is located on the west side of Spring Road. In addition, stormwater from the development would go through eight filtration ponds on site. To further explain the topography of Miller Spring, Mr. Lotter introduced John Dustman who has 35 years of experience performing geologic, hydrogeological and CITY COUNCIL MINUTES May 4, 2021 Page 5 environmental assessments. Mr. Dustman, a registered professional geologist with Summit Envirosolutions, reviewed the spring outlet location. During the course of the review he performed for Pulte Homes, he spent time with local residents whose families have lived in the area for many years. The oral history provided by those residents revealed the original seep was discovered on the hillside west of Spring Road. The water flow eroded the unpaved roadway so a tub and clay piping were used to convey the water downhill and beneath the road. The seep was originally a wet area on a natural terrace at the top of the hill; however, with digging in the area the water began to flow down the hill and across the unpaved road. Mr. Dustman reviewed the topography of the area around the spring and displayed a graphic of the potential recharge area of the spring. He explained the surficial geology of glacial areas and displayed a map of the surficial geology area in the area around Miller Spring. In order to determine the topography of the underlying clay, 18 wells were placed in the area to log the sand thickness and the top of the clay in order to create a map to use to determine the possible spring recharge area. The clay provided a terrace for the water to run down to the actual spring outlet structure. He stated there is no probable way the water from the proposed development could enter the recharge area. Mr. Lotter returned to the podium to describe Pulte Home’s measures to control the rate and quality of water leaving the site, mitigating the volume of water for impervious surfaces, protecting wetlands and meeting discharge standards. He noted both the total suspended solids and total phosphorous loading would be considerably reduced by the development. The stormwater management system proposed will remove 98% of total phosphores and 98% of total suspended solids, both levels well above stormwater regulatory rules. He stated any hardcover within the Outlot D area will be removed and returned to natural land. He observed the areas identified as moderate to high biodiversity are part of Outlot D; the development surpasses the requirements regarding potential impairment of Riley Creek; the Frederick Miller Spring source is located to the west and will not be impacted by the development; and the homes proposed are energy efficient and will be built in a low density neighborhood. In conclusion, Mr. Lotter stated they have completed extensive studies and investigations for the proposal including both Phase I and Phase Environmental Site Assessments; therefore, an EAW is not needed and they request the petition be denied. He then reviewed the planned schedule for the development if it is approved. Mayor Case stated the yelling and catcalling taking place by those outside the Council Chamber is not influencing the Council Members and nor does it enhance the position of the audience members regarding the development. The City Council has thoroughly studied the proposal, done their due diligence, and taken the many emails and phone calls from those who either favor or oppose the development. The landowner is in the audience tonight. They have chosen to sell the land to a developer rather than to the City of Eden Prairie or a conservation group, and that is their CITY COUNCIL MINUTES May 4, 2021 Page 6 American right. It is the Council’s job tonight to look at this proposal and decide if it is the right development for the land parcel. This property will be sold to someone, and that may not be what members of the audience would like to see. While it is good for American democracy that so many people are here to express their opinions on the development, some of the behavior tonight is not good. As he opened the public hearing, Case asked the audience to let the City Council do their job. He emphasized each Council member has chosen to be an activist in their own right by serving on the Council and by other actions to show their love for the City of Eden Prairie. He stated he will limit the time for each speaker to two minutes because there are so many who have signed up to speak. He proceeded to call the names of those who signed up to speak tonight, beginning with those who are attending the meeting virtually. Noelle Olson, resident of Minnetonka, asked the Council not to destroy the trees, the water and the beauty that surrounds the spring. She believed the proposed development is a poor substitute for what is there now. She thought the water will not be protected from the dirt coming from the construction. Kyle Krueger, 17782 S Shore Ln W in Eden Prairie, expressed concern that due diligence needs to be done for the project because we are in the midst of a massive climate change. We should make sure the environment is being conserved, so he asked that the EAW be conducted. Kristen Engeseth, 11782, S Shore Ln W in Eden Prairie, stated she was a recent conservation biology graduate with an emphasis on aquatic management. We are in a critical time in our generation as water resources across Minnesota are being degraded beyond repair. Development projects are contributing to that degradation. She declared water to be a unique natural resource and asked the Council to approve the petition for an EAW. A representative of Professor Calvin Alexander, Jr., resident of Minneapolis, read Dr. Alexander’s statement in which he expressed concern that the proposed development poses substantial environmental risks to both Riley Creek and the Frederick Miller Spring. The material submitted by the developer is based on obsolete hydrogeological information, presents an unrealistic interpretation and does not consider possible alternative considerations. Miller Spring is unambiguously a spring, and much of the geologic material from the developer is based on an 1899 geologic atlas of Hennepin County which has been superseded by the atlas published in 2018. Dr. Alexander maintained the evidence presented here does not rule out the argument that artesian conditions exist under the Frederick Miller Spring. Ramona Kitto Stately, resident of Shakopee and Chair of the Minnesota Indian Education Association, said the area is the spiritual resting place of her ancestors. She was concerned that the word used for spring did not convey the correct meaning in the Dakota Language as the word should translate to life force. The streams and CITY COUNCIL MINUTES May 4, 2021 Page 7 waterways have been polluted for the last 150 years by those who took over the native lands. Dr. Elaine Evans, a bee expert at the University of Minnesota, was concerned about the rusty patch bumblebee which is protected under the Endangered Species Act. Construction proposed for this project will be done in the area designated as a highly protected zone. The bees nest underground so any excavation underground will potentially destroy their nesting areas. It is impossible to remove them in order to protect them. In addition, there will be a general loss of habitat because of the construction activity. Christi Michaels, 9041 East Staring Lane in Eden Prairie, read a poem she wrote when she first came to Eden Prairie. In her poem, she expressed the idea that the settlers used the spring and always made it available to all. Andrew Jansen, resident of Minneapolis, said he has been going to the spring for about six years with his nine-year old daughter. He emphasized the importance of water for generations to come. Rebecca Prochaska, 15781 Porchlight Ln in Eden Prairie, was concerned there have been different interpretations of the data given tonight, and that is why a study is needed to determine what is right. She did not think there had been enough time given to consider the concerns expressed about the development. She stated there has been a disregard for the cumulative effects of all the development that surrounds this project. Justin DeAngel, resident of Chaska, was concerned about several points in the City’s Findings of Fact to deny the EAW. His concerns included such points as not listing the reversibility of environmental effects, the fact the developer’s survey of plants and wildlife was completed during a period of below freezing temperatures, and a recommended slope stability report was not completed. Jourdan Guiley, resident of St. Paul, reported she is a ten-year drinker of the Miller Spring water. She believed the City has not fulfilled its obligation to complete an environmental review of the development around this project. She was concerned the City is using an outdated EAW that was completed for a different project. She and others are opposed to the changes in zoning from rural to urban, and their goal is to acquire the land to be conserved, either by expanding the conservation area to the south or by extending the wildlife refuge to the east. Miel Arredondo, resident of Minneapolis, brought samples of the spring water and said she cherishes the spring. The EPA’s Clean Water Act was broken by Pulte Homes across five state lines in 2008 and again in 2013. Pulte has a pattern of violations indicating a general disregard of environmental regulations. She believed Pulte strong arms communities. CITY COUNCIL MINUTES May 4, 2021 Page 8 Korey Matlock, resident of Minneapolis, asked why it was a good idea for the Council to approve the project. He was concerned an entire nation was cut off from this discussion earlier tonight when an indigenous woman was cut off from expressing her concerns about the mounds located here. Chelsea Hoppe, resident of Minneapolis, said she found out about the spring while attending school and continues to go the spring for water. She was concerned about the threat to endangered species’ habitat and did not trust Pulte to work in accordance with ecological sensibility. Leo Bryslatsev, resident of Burnsville, said he has been drinking the spring water for two decades and was concerned about protecting the shoreline and the proposed use of a trunk septic system. He asked if Pulte will be making a cash payment in lieu of the trees they are not planting. Cassandra Caballero, resident of St Paul, noted she is an indigenous woman who still enjoys the land by drinking this spring water. She asked the builder to consider building elsewhere. Jeffrey Gundtner, resident of Marine on St. Croix, recently became aware of the spring and was also aware of the difficulties in making decisions where there are so many stakeholders involved. He did not understand why it was a foregone conclusion that the land would be developed and did not understand why they would not sell to a conservation group. He felt it was important to see the big picture here and decide what kind of future world we and future generations want to live in. Diana Rohlfsen, resident of Burnsville, was concerned about the impact the hearings and the invasion of privacy has had on the Standal family over the past months. She reported the Standal family has been very generous over the years. They are relinquishing 45 years of memories experienced on their cherished land. She supports approving the development. Ted Mellby, 17881 Germaine Terrace in Eden Prairie, said he served as a city attorney so he knew about public hearings. He also was a founder and executive of a watershed foundation that did 45 acquisitions for the State of Minnesota. He believed the two-minute limit tonight is like a gag order. The environmental impact of this project needs to be studied by those who are experts in the field. Sever Peterson, 15900 Flying Cloud Drive in Eden Prairie, was in favor of the development and also in favor of preservation of flora and fauna. Everyone is in favor of clean water. He is in the fifth generation of his family to live in Eden Prairie and still has a working farm here. He noted the turbulence of Riley Creek has been mitigated over the years by the development occurring in the Riley Creek Watershed District with the expertise of watershed district personnel and City staff. He believed the quality of Riley Creek will be further improved by this development. He pointed out there is an 8-1/2-acre dedication to the City as part of the project. CITY COUNCIL MINUTES May 4, 2021 Page 9 Jeremy Hamel, 8310 Heather Ave in Eden Prairie, stated he was here to protect the water which means a lot to his family. Miller Spring water is a part of his life every day as it is for all those who come to the spring. Brianna Crusan, resident of Minneapolis, said she was a former resident of Eden Prairie who was concerned about the cost of repairing after erosion occurs. The cost to repair Riley and Purgatory Creeks was $100-200,000 each. The most recent data about erosion is from 2014; therefore, a study should be done before this development begins since the taxpayers will be billed for repairs after the erosion that will be caused by this project. Bill Kelly, resident of Hopkins, said he has been a drinker of Miller Spring water since 1990 and has spent a lot of money in Eden Prairie on his trips to the spring. He wanted future generations to be able to drink the water from Miller Spring, and he felt the Council has an obligation to ensure that for future generations. He wanted governmental agencies to buy this land to keep it rural so the family will get their money and the land could be kept as it is. Jordan Urrutta, resident of Rogers, said he gets 15 gallons of the spring water once or twice a week because it is so healthy. The water and its quality is very important to his family, and he was concerned an independent study is needed about the water. He was also concerned about the reliability of Pulte Homes. Ian Mosbeck, resident of Belle Plaine, stated history will be a race between education and utter catastrophe. We are not willing to set aside our desire for big houses and many cars for the larger group values. He asked what kind of future we want to leave for our grandchildren. Ken Brown, 10840 Park View Ln in Eden Prairie, said this decision matters a lot, and he hoped all the Council Members were still open to all alternatives. He was a retired geologist and was concerned because of the date of the data and the fact it was not vetted by the Minnesota Department of Health. He encouraged the Council to do an EAW with current data. He also had concerns about past issues with Pulte Homes. Theresa Shipp, 14251 Wedgeway Ct in Eden Prairie, noted she appreciated the Standal family wants the best for Eden Prairie. She has lived in Eden Prairie for 40 years and has been impressed with how Eden Prairie listens to the residents who value parks and recreation. She asked the Standal family and the City to find a way to keep the land for everyone to enjoy in its natural state. She believed we need more time to evaluate and complete the EAW. Joselynne Fynboh, 9940 Frederick Pl in Eden Prairie, noted she provided a presentation to Council Members before the meeting. She said we need to trim our greenhouse gases by 50% by 2030, and any growth means that’s net zero. We do not just need to sustain what we have but must move to regeneration, and Eden Prairie is in a great position to make that move. Options available to attain regeneration would CITY COUNCIL MINUTES May 4, 2021 Page 10 be to require the Pulte construction to be builder compliant with official LEED residential certified Version 4.1 requirements. Emmett Dysart, 12950 Deerfield Trail in Eden Prairie, said he has been going to the spring his whole life and has been active in schools and organizations in the City. He suggested if Council Members spent time at the spring talking with people it would become obvious we should go ahead with the study and thereby do the right thing. Hannah Tierney, resident of Minneapolis, said there will be 455 trees removed, which creates a deficit of over 1656 caliper inch of trees. Pulte has proposed a cash payment for the deficit. This shows little respect for the deeply cherished land and significant wildlife loss. In addition to the tree waiver, there are four other waivers being made against the City code. This sends the message Eden Prairie does not hold their land, wildlife and community as their first priority. Chesney Enquist, resident of Minneapolis, said she travels regularly from her home to collect water from the spring so she has a stake in keeping the spring water clean. This provides her with an experience of cohesion like that she first experienced while in the St. Croix River valley. Susa Jeffrey, resident of Minneapolis, said she was a member of Friends of Coldwater. The Friends of Coldwater have written to the State Archeologist with their concerns about the mounds at the top of the ridge. This is a landslide area, and we are experiencing climate change with huge rainfall events. The hills will need to be stabilized, and that will prove to cost more than the expected revenue from property taxes on these new homes. She noted this is the only accessible spring in Hennepin County. The Friends of Coldwater definitely recommend doing the EAW. Viyan Senthil, 16200 Summit Dr, said he is seven years old and lives in Eden Prairie. He really likes the spring because it gives water to the trees which he also really likes. He also loves animals and they need the water. Colleen Boniwell, resident of New Prague, was concerned that the audience is limited to two minutes while the developer had much more time. She wanted Eden Prairie to spend the money to preserve the spring for the future because water is necessary for life, and it is the Council’s responsibility to preserve it. Katy Sudlow, resident of Carver, said this is an heirloom for the City. There are thousands from all over the area who visit the spring, and everyone is very kind. People who come to Miller Spring form a unique community. Not having the spring would mean thousands of people are without clean water. Scott Metson, resident of Blaine, said he comes to Miller Spring because Blaine failed to provide clean water. He believes this development poses a watershed problem and not just an issue about the spring. CITY COUNCIL MINUTES May 4, 2021 Page 11 Sydney Ginp, resident of Minneapolis, asked the Council to be respectful of those here to speak. As a builder who uses hempcrete, she was confused by the energy efficient claims Pulte is making. She did not see enough certifications on their record to be deemed an energy efficient builder. She believed the steps to go through the full EAW to get all the facts evaluated is the most responsible way to proceed. Blak Childs, resident of New Brighton, displayed a lead faucet and noted lead pollutes water so health is an issue here. He noted the water is an issue in New Brighton. He suggested the Christmas tree farm should be kept because it would be an opportunity for a community gathering place. Jesse Mercado, Hennepin Village in Eden Prairie, said the research done by Pulte is faulty, such as their comparison of nitrate numbers. When Hennepin Village was built, there was no EAW completed, and there have been more houses built since then. He believed the creek has been impaired and asked that an unbiased source perform an EAW. Teresa Hulonen, resident of Golden Valley, said she has been drinking the spring water for 12 years, and it is her only source for living water. If the rezoning is completed, it will affect people from all over who come to collect spring water. Sue Bennett, 9992 Indigo Dr in Eden Prairie, said she has lived in Eden Prairie for over 30 years and was amazed how quickly the news of this rezoning has spread. Through the citizen petition which now has over 3200 signatures she learned how people feel about Riley Creek and the overdevelopment of Eden Prairie. She learned the Planning Commission relied on a 14-year old EAW that was completed for a roadway only. Her group’s application to the Minnesota Environmental Quality Board (EQB) was accepted, and they were told that application would be submitted to the responsible governing body. They believed they were following a fair process where 3200 petition signatures had a voice. They offered to acquire the land and convert it to a conservation area. Jeff Borowiak, resident of Minneapolis, asked to relinquish his two minutes to Ms Bennett. Mayor Case did not allow that, and a verbal exchange between the two ensued. Mr. Borowiak was asked to leave the Council Chamber. Mayor Case thanked all those in the audience who have been respectful and participatory this evening. Ashley Kennedy, resident of Chanhassen, stated she is a cofounder of Zero Waste Advocates of Minnesota. She was surprised the City would go forward on a project like this without doing the due diligence provided by an EAW done by an outside agency. The previous property owner gifted the spring to the benefit of the community, but the 50 new houses to be built in the development will not give benefit to the community. CITY COUNCIL MINUTES May 4, 2021 Page 12 Kari Rightfoot, a resident of Minneapolis, said she was here for the water and the trees, all of which is on Anishinaabe and Dakota land. She read portions of an Anishinaabe history of the land. Sadie Seaborn, a resident of Minneapolis, said the Noble Hill project is building on an already declining ecosystem. Frederick Miller Spring is a hot spot for bird watchers, and protecting water quality and heritage trees will protect the birds. She asked the Council to approve the EAW. Jon Richardson, a resident of Minneapolis, said the Miller Spring is a treasure for Eden Prairie and greater Minnesota so this project affects all of us. He believed there are a lot of reasons not to approve the rezoning without first performing the EAW, including many legal reasons not to approve rezoning. Roslynn Hansen, a resident of Savage, said she started drinking the water at the age of 19, and she and her children still drink the water. She noted workers for Prince would collect the water for him to drink. Fred Guercio, a resident of Burnsville, noted Pulte’s statements regarding phosphores are meaningless because all fertilizer now has phosphorus removed. Pulte’s claim to be highly efficient may not be correct if judged by Minnesota standards which are more strict than national standards. He has been drinking the spring water because Burnsville’s water does not provide the right balance of minerals and their water is pulled from an area in the extremely polluted Minnesota River Watershed. Alison Hoyer, a resident of Minneapolis, believed we need to talk about the whole ecosystem and not just the spring itself. She believed the fact the land was originally taken from the Dakota should be a factor in the decision. There are morality and spirituality values involved in this. Many people are advocating for the preservation of the spring, and it should not go into private ownership. David Klopp, a resident of Minneapolis, said we value our lakes, rivers and springs in Minnesota, and he didn’t understand why we can’t do an EAW for this project. He stated Eden Prairie is a rich suburb and could well afford to do an EAW. The Eden Prairie parks system could be better, and this water resource should be embraced. The Miller Spring water is free, and there are not many things that are free in the world. The bluffs are unstable and the trail there is collapsing. Tara Fahey, resident of Minneapolis, said she has been drinking the water for many years. She studies native plants and was brought to the Richard T Anderson Conservation Area to see the amazing biodiversity there with plants that are unique and medicinal. She believed the water at Miller Spring is much better than at the conservation area. Artesian drinking water is very valuable, and she believed an EAW is essential to evaluate this important water source. CITY COUNCIL MINUTES May 4, 2021 Page 13 David Lucx, 15817 Porchlight Ln in Eden Prairie, was concerned about the volume of traffic on Spring Road, and how the additional 50 homes will add to that traffic volume. He was concerned about the 2018 findings of Dakota artifacts along Flying Cloud Drive which represent a recent disruption of historical land just to the southeast of the development. It would be a shame if the Pulte construction activity disturbed a native American burial ground. Haley Ousky, a resident of Excelsior, believed the ancestors of those who owned this land before will not let the new owners take over the land. This development takes away everyone’s natural home, Mother Earth, along with our water and shelter. The animals and plants that live here deserve the space as much as we do. David Smith, 9500 Flying Cloud Drive in Eden Prairie, said he has been involved in this community and has taught at all five elementary schools. He chose to stay in Eden Prairie because he believed the City places a high priority on preserving green areas and maintaining parks and trails. All of the green area has been reduced by development, and now 456 irreplaceable trees will be removed for another development. The wildlife will be driven from their critical habitat. He was also concerned that the homes to be built are not affordable homes which is not in alignment with the presentation given about adding to the stock of affordable homes in the City. Jeanna Christiansen, a resident of Victoria, said she lived in Eden Prairie for a number of years and has been going to the spring for 35 years. She reviewed the history behind the Frederick Miller Spring and noted Mr. Miller could have sold the spring to a bottling company but chose to entrust it to the City for the community and the people. The Council needs to honor that and keep the water pure for the community. She asked the Council to do the right thing and approve the EAW. Roger Cuthbertson, a resident of Shorewood, said he lives near the headwaters of Purgatory Creek and taught school for many years in Minnetonka. We know the value of our creeks and watersheds that run through the metropolitan area. He emphasized how precious the water is and the fact so many in the audience rely on this water. Ryan Rouchak, a resident of Eagan, was concerned about the heritage trees. He takes his daughter to the Miller Spring to teach her about the earth and the value of water. Pine trees were cut down during colonial days and they have not yet recovered. There are long term consequences for these decisions about development. Elena Vorobyov, a resident of St. Paul, said her family discovered Miller Spring when they immigrated from Russia 30 years ago. Her family commuted from Coon Rapids for the spring water. The spring is very important to many in the Russian community. She is hoping to buy a home in this area and likes Eden Prairie because of the parks and safety. She believed the environmental impact of this development is too important to overlook. The parks in Eden Prairie are already crowded and this development will add to that. CITY COUNCIL MINUTES May 4, 2021 Page 14 Jackie Quiram, a resident of Chaska, said her family lived in Eden Prairie for 14 years so it is very special to her. She has been drinking the water for five years. She wanted the Council to know this has been a watering hole for 130 years and is now a place where a diverse group of people meets. Sue Schindler, a resident of Savage, was concerned this situation is similar to her experience with the Credit River which took a great deal of time and effort to clean up after the area was developed. Damage will be done here when excavating begins for the development infrastructure. People just want to ensure the water is safe when they go to Miller Spring. It was not unreasonable to take the time for a study. Trey Anderson, a resident of Wayzata, said it would be good to restore life and to bring back trout to Riley Creek. The effect of this development cannot truly be known until the EAW is done. The community would gain peace of mind knowing the development is safe. Mitch Michaelson, 15190 Riverview Rd in Eden Prairie, said he has lived in Eden Prairie his whole life and came before the Planning Commission to speak in favor of the project. He respected the process and the work that has been done by the developer, City staff, the Planning Commission and the discussion here tonight. He did not respect the approach used by some who have been opposed to the development. There has been a spread of disinformation on social media along with harassment of the landowner and he did not respect that. He asked the Council to approve the proposal. Madhura Patel, a resident of Shakopee, said she was here to speak on behalf of the trees, plants and the critical habitat. She asked that justice be done for all the endangered species and all the trees and plants. Liz Reach, a resident of Minneapolis, said she used to live in Eden Prairie and continues to return for the water and to enjoy the entire ecosystem in the area. She collects the water, hikes along the bluff, and experiences the spirituality of the area. She was concerned about the landslides, the erosion and climate change, and she believed the proposed easement is not big enough. She would like to see an EAW of the area by experts and to do further study of the archeological features here. Petr Zubkov, a resident of Jordan, said he wanted to speak for the people here who are here for the water. He asked the Council to allow the water to flourish so people may drink the water and be blessed. Eden Prairie is a garden, and this is a very big choice to make. Ariadne McElligan, a resident of the state of Illinois, said he and his friends drink from Frederick Miller Spring which is a pure living water. Many people from a multi- state area come here for this water which is natural and free. It would be heartbreaking to have the water change over time after development occurs. CITY COUNCIL MINUTES May 4, 2021 Page 15 Maggie Schmitz, 15605 N. Lund Rd in Eden Prairie, asked the Council to deny the rezoning and approve the EAW in order to understand the impact of the development. She was concerned about adding 50 high income homes when the City has expressed commitment to affordable housing in the 2040 plan. She was concerned with how people have been treated and called disrespectful of democracy here tonight. The people are just here to express their right to free speech. Tony Anderson, 5605 N Lund Rd in Eden Prairie, supported the opinions of those who spoke before him. He was concerned about how this development fits into the City’s 2040 plan and into the plans for affordable housing. The homes proposed will be well out of reach of anyone seeking affordable housing as well as those with a a diverse background. He was concerned about asking individuals what city they lived in when they speak as this proposal concerns people from the surrounding area and beyond as they come here for the water. Jeff Abrahamson, a resident of St. Paul, said he was here as an attorney representing the Standal family. The Standal family has lived here since 1977 and have paid taxes on it every year plus assessments of over $80,000. This is a great family in the community who have been great stewards of the property. They are the ones who maintained the property so Riley Creek is the beautiful creek it is today. They have the right to develop their property and have chosen to sell to Pulte Homes because Pulte has done the impact studies. The Standals are asking the Council to follow the City’s comprehensive plan for a low density development here and to approve the proposal which gives eight acres back to the City. Paige Carlson stated she is a resident of the native Dakota Territory. She was concerned about cutting off the indigenous elders tonight who came to share what they believe with the Council. She asked the Council to protect the water. Elizabeth Larson, a resident of Eden Prairie, said she was here tonight to speak about her passion for the spring and to give her help to the efforts to turn this property into a conservation area. They are exploring many sources to fund that effort such as a funding referendum, a legacy fund bill, the U.S. Fish & Wildlife acquisition of the land, and amending the 2040 comprehensive plan to change the property to open space and park. They need cooperation from the parties involved and need the public to have a seat at the table. She was concerned a recent affordable housing development was denied for environmental reasons yet this development is being considered. MOTION: Narayanan moved, seconded by Freiberg, to close the public hearing. Motion carried 5-0. Case expressed his gratitude for those who came tonight. He related his response to a question asked of him during his recent interview with the Sun Current as to whether his mind was already made up on this project. He responded we always have to stay open to a public hearing, but he believed if any government official went into a vote CITY COUNCIL MINUTES May 4, 2021 Page 16 with no idea of how they planned to vote, that individual had not done his due diligence. He stated in all of his research before tonight’s meeting he followed the evidence and responded back to all the phone calls and emails as honestly as he could. He thanked everyone in the audience for their activism and involvement because respectful positive involvement is great for American democracy. Our residents have committed to use their tax dollars to fund all our parks and open spaces, to maintain Miller Spring for everyone to use, and to keep all the other great features we have here in Eden Prairie. Case said the people of Eden Prairie and the City Council pride themselves in our environment. We are the only City that has a 2050 carbon-neutral goal and a plan to get there. Our City has a plan to get an all-electric battery fleet by 2030 and will be the only City to have an electric police car within the year. Our tree replacement policy instituted back in 1996 has been copied by 50 other cities, and Hennepin Village is living proof of that policy. There were no trees in that area before it was developed, and it is now an urban forest. That shows what our tree preservation policy does and where our values are. He thanked the audience for caring about the spring and related his own personal connection to the Frederick family over many years. As part of a separate project, Case believed we should make Miller Spring more accessible and add amenities such as a canopy or shelter there. He has already talked to staff about the possibility of adding more spigots to make this a better experience for all those who come to the spring. Nelson asked the developer how the stability of the slope would be ensured during the regrading and tree removal process and after that is completed. Mark Rausch, Alliant Engineering, said they will work with Braun Intertec, the geotechnical specialist for the project. The site will be graded to a maximum slope of 3-to-1, and it will be revegetated immediately. Much of the outlot slope area will remain undisturbed during the construction process. Nelson asked about what they will do to ensure the safety of the homes located above the project in Hennepin Village. Mr. Rausch responded Hennepin Village has a well-designed containment system so the water is contained and does not come onto this project. There will be a storm sewer installed to help contain the water to the east where the road connection will be set up. Nelson then asked how the dust and debris from the construction will be contained and kept from the stream and the sand gravel habitat. Mr. Rausch replied there will be such things as erosion control, inspections after heavy rainfall, berming and other measures to clean up and stabilize. Nelson asked if the system will be built to be adequate for a hundred-year storm which seems to be happening much more frequently now. Mr. Rausch said they will do the best they can. CITY COUNCIL MINUTES May 4, 2021 Page 17 Nelson noted the cul-de-sac appears to be very tight and the first lot on the cul-de-sac is very tight. She asked how far back the house on that lot will go. Mr. Rausch replied all of the setbacks for those homes on the cul-de-sac will be the same. Nelson noted the City is trying to make homes more sustainable for the lifetime of the first and later owner. Most homes in Eden Prairie were built during a time when two-story homes were very popular, and most of them did not have full bathrooms on the first floor. People who live in them are coming to realize access to a bedroom and full bathroom is needed on the main floor for any family member who cannot climb stairs. If the home does not have that, in many cases they have to move. We are being told people want a home in which they can age in place or care for those who can’t climb stairs, and we are concerned about how we help people to do that. The home plans provided with the materials shows only a half bath on the main floor with a shower as an option. She asked if the optional shower offered could become a basic with an option to opt out. Mr. Lotter replied these homes are being designed for a younger, growing family, but Pulte does provide the option for a full bathroom on the first floor. In recently completed research, the option for a full bathroom on the first floor was chosen 26.4% of the time by Pulte Home buyers. Pulte offers other kinds of housing throughout the metropolitan area. Pulte believes the consumer should be able to choose that option. Given the footprint of these homes, they may be more easily modified than other home designs. Freiberg believed it was important to clarify the difference between a significant tree and a heritage tree. He noted a significant tree can be as small as eight inches in diameter and that size would not be considered a heritage tree. There is a lot of misinformation on the internet about this project and the number of trees to be removed. The information provided the Council reports 789 significant trees on the site, of which 445 will be removed; however, not all of the significant trees to be removed are heritage trees. Mr. Kotter replied those numbers are correct. Toomey asked if the stormwater runoff would go to the south and east of the spring. Mr. Kotter replied the runoff will be contained as to rate and volume, and the quality of the water will meet or surpass the watershed district’s permitting requirements. Outlots A and C at the entrance to the development will have ponding areas in them, and there are infiltration basins to the southwest of the development. Toomey noted Outlot D has a pond on it as well. Mr. Rausch said the stormwater is routed in two different ways: to the north for about 1/3 of the site, and the remainder goes to the south and east of the development after it is captured by the two ponds and is treated at a much higher level before it is ultimately discharged. Narayanan thanked the proponent for providing options for EV charging because that has been a big concern of the Council. He asked if there is a chance runoff could flow into Riley Creek while construction takes place. Mr. Kotter replied they will comply with the City and the watershed district rules regarding management of runoff during the grading and utility work for the infrastructure so that will be monitored every day and will have to comply with watershed district and City rules. CITY COUNCIL MINUTES May 4, 2021 Page 18 Narayanan asked if there is a possibility of the retaining walls degrading so the City would have to repair them in the future. Mr. Kotter replied they will use a lock block retaining wall for this construction rather than a boulder wall. There will be a homeowner’s association established for the development which owners will pay into and which will be responsible for maintaining and repair of walls if needed. Case asked what the life expectancy of the walls will be. Mr. Rausch replied it will be 50 years. Case noted there are many Christmas trees still on the site and asked if even half of those could be saved to be replanted later on the site, especially along the east border. Mr. Kotter responded it is possible, depending on the size and maturity level of the tree. He discussed this with his boss who said they try to do that when possible as it is very economical to do that. Mr. Abrahamson reported the Standal family has been working diligently to preserve as many of those as possible. He noted there are some varieties of pine that do not transplant. Case said his hope was they could be kept on site along the border and by Spring Road for purposes of mitigation. Case said the Council has encouraged developers to put in a EV plugs because those are easily put in at the time of construction and is a minor cost on an $800,000 house. He would like to see that included in this project as well as every new garage in the future because of the City’s commitment to get to a total electric fleet by 2030. He noted it is possible there may be 50-75% electric cars by 2030. Narayanan asked if there is any risk of landslides occurring after development. Mr. Kotter said their engineers have looked at any concerns and have designed to protect against that. Toomey asked if the Occupational Safety and Health Administration (OSHA) would inspect for those conditions. Mr. Kotter was not aware OSHA would be involved in inspecting that type of slope, rather they would usually inspect for trenching or if a trench box might be required. Freiberg stated the Council collectively represents 64-65,000 people, and none of us want dirty water. We are all dedicated to maintaining our resources here in Eden Prairie. He and Mayor Case spent many years serving on the Heritage Preservation Commission, and both are very well versed in the situation here with water. One thing that is very important with this issue is private property rights. Our country is built upon that. If we start to go against that, we will break down the foundation we were built upon. We will always do everything possible to preserve the environment in Eden Prairie. Every person up here believes that in their heart and has a great passion to do the right thing. The right thing in this case is to respect private property rights. He said anyone who doubts that should switch places with the Standals and see how the feelings match up to the facts when you are told you cannot sell the property. He spoke to many people about his decision being predetermined tonight and he told them he will listen to each person’s voice. He was concerned there has been a mix of feelings in the reactions that moved the discussion from water quality onto such things as endangered species and affordable housing. Changing the type of housing CITY COUNCIL MINUTES May 4, 2021 Page 19 would have no effect on water quality He stood strongly behind the right of a property owner to sell his property. Nelson stated we have protected the spring for the last 50 years and plan to protect it for the next 50 and beyond. We have a proud heritage of keeping the water free, clean and available to the public. We may be able to add spigots and build a shelter as Mayor Case suggested. She believed it was important to get the rest of Riley Creek under protection as well as the sand gravel habitat area to protect the plants and animals that live in there. We will have City staff monitor that during the development process. Everything we have learned here along with the history of the spring says the spring is from the other side of the road and goes down through sand. She had no worries about the spring being available to all free of charge with safe parking and safe water. She was okay that the plans will keep the slope safe, and home inspectors will have to make sure it happens. Nelson thanked the Standals for protecting their farm land and being good stewards of the land. That land has had farmers on it since at least 1880. Farmers have always tried to grow crops in the best manner and that probably takes fertilizer and insecticide. So this land has not been wild and uncultivated; rather it has been farmland since this area was first developed. Her main concern was continuing to build the same home style that has caused problems with our current home stock regarding aging in place. It has been a big problem in the City, and there have been families forced to move to another home because of not having a full bathroom on the main level when a family member cannot climb stairs. She was still considering her vote at this point. Narayanan noted this project has consumed a lot of his time during the last month as he assumed it had for the other Council Members. He has received hundreds of calls and emails. He read the information in the 1653-page Council packet two times. The Council is taking this extremely seriously. We will not affect the water quality in Eden Prairie. We have all been here at least 20 years or more and are passionate about Eden Prairie and are sitting here at 11:40 PM because we are concerned about the 65,000 residents of Eden Prairie. Most of us walked around the site to understand how it is laid out. He stated he believes in science, and all the information has led him to believe the spring will not be affected by the construction. He noted everyone here tonight saw the financial report earlier in the meeting and saw the amount of money the City puts into placing trees around the City. Narayan stated he truly believes the staff at Eden Prairie can be believed and he relies on their analysis because they have seen thousands of developments dome through the approval process. He would not be in favor of this development if he believed it would adversely affect the spring. Also, the watershed district has experts in water quality, and they will also be checking the proposal so another independent body will make sure we did not make a mistake to approve the project. CITY COUNCIL MINUTES May 4, 2021 Page 20 Toomey thanked everyone who spoke to the Council and also those who presented tonight. She approaches things pragmatically and looks at the facts and studies that have been done. She did not believe there is any evidence Riley Creek will be significantly impacted. The City and the watershed district have participated in several stream bank stabilization and creek restoration projects in the past and will continue to do that in the future. The creek has actually improved in certain aspects since studies were begun in 1999. A portion of the runoff from the property now does go into the creek, but that area will be part of the eight acres deeded to the City and replanted with trees. Hennepin County deemed the portion being developed as having no significant biodiversity. The spring will not be affected. Over eight acres will be deeded to the City which will serve as a buffer between the spring and the homes. The spring originates across the road on the west, and the runoff will be to the south and the east. In addition, the runoff will be treated in several retaining ponds on the property. The City will continue to do monthly testing for nitrates, and the spring will be there for many years to come. She understood the trepidation of those opposed to the project, but they must consider the facts and the opinions of the experts who have come with their reports. Many of the emails we received asked us not to get rid of the spring or not to destroy it. She wanted to make it as clear as possible that nothing is going to happen to the spring. In conclusion, Toomey said this is private property we are talking about, and this family has a right to sell their land. The land is being rezoned to low density housing, not urban. Eden Prairie is a great place to live, and we would never approve anything that would harm it. The City Council has a responsibility to do the right thing, and this project is the right thing. She asked the project opponents to read the reports and to look at the facts. Nelson said Eden Prairie has 43 miles of nature trails, 1400 acres of natural areas, plus another 1000 acres of maintained parks and another 160 miles of non-nature trails, so this particular 18 acres is not the only natural area for people to walk. Most towns don’t have 1400 acres of natural area, but we in Eden Prairie have put that together over the last 30-40 years. Case said he understood why neighbors surrounding a property would not want an infill piece of property to be developed. We deal with this situation several times a year now that there are primarily small parcels left to develop. That is what we and our neighboring communities are going now because there are no larger plots for sale. Cities cannot buy every piece of open space across their city. He wanted Eden Prairie residents to know we far surpass cities around us in the amount of open space land and natural areas that we have purchased with tax dollars and referendum money. We own the largest old-growth virgin wood stand in the seven-county metro area, the Big Woods. We own more bluff land along the Minnesota River than any other city near us. We have 10% of all Eden Prairie land in parks and open areas. He suggested the audience members from other cities go back to their cities and tell them to do more because we in Eden Prairie have already done more. CITY COUNCIL MINUTES May 4, 2021 Page 21 Regarding Miller Spring, Case said he understands there is a general belief there is a conspiracy when a developer brings in an expert and that expert will not be open or honest. Summit Envirosolutions is a very reputable company. Our City staff works with them and serves on committees with them. They are certified and licensed and would lose their licenses if they did not come in and speak on behalf of Eden Prairie residents and those who use the spring. The hydrogeologist who was here tonight is one of the best in his field. While we cannot guarantee the project will not damage the spring, and EAW would not do that either. We would have to dig 90 feet underground to get to the clay level to prove something about where the water flows. However, we can make some really good scientific guesses by digging several wells around the area and measuring those. We know that is a seep that comes down from a 90-foot level and we know where it comes out on the west side at elevation level 781. The Noble Hill project is at elevation level 731 so for water to get to the spring from Noble Hill, it would have to travel upwards for 50 feet. He can absolutely assure people this development will not harm the spring. The spring will be protected, the water will be pure and protected for decades to come. This project which is low density and which give the City another eight acres will even further protect the creek and the spring. We will improve the spring and make it an even better place. Case explained Riley Creek and Lake Riley are impaired. The creek encounters all kinds of pollution issues along the way as it flows down to the river. If this property were to stay as a tree farm, they would have to use pesticides, insecticides and fertilizers for the trees. The farms on this property before the Standals used even higher levels of fertilizer and pesticides. All of that washed down into the creek for decades. This project captures 98% of the sediments in the NURP ponds. He proclaimed he is an environmentalist and will work hard to leave Eden Prairie a better place for his grandchildren. In the final analysis, this project leaves the spring and the creek better. As to the tree issue, Case observed not long ago the property was all farm land. Eight acres are now being given to the City, and that eight acres will be wooded. Every project he has every reviewed for the City has cut down trees. He first ran for the City Council on a tree preservation platform because a developer had clear cut 30 or 40 acres and then gone bankrupt. We have had a tree preservation policy for many years and there are more trees in Eden Prairie now than at any time since the glaciers. Trees will be cut down, but they will be replaced and will grow back. Yes, some of the animals will be gone and he feels bad for them, but this project is contiguous to parkland and a deer corridor so the animals will be able to move to a park area. Case explained our job as a Council is to manage development processes. We do not approve projects to improve our tax base. We manage development processes. The landowners decide to sell their land and a developer comes in and asks us if our code, policies and procedures allow their project. We did not choose Pulte Homes to build this project although they have built four times in Eden Prairie since he has been on the Council and we have not had problems with Pulte. We could not, by law, refuse their development because we heard they have a bad reputation. Our City Attorney CITY COUNCIL MINUTES May 4, 2021 Page 22 attends each Council meeting and checks everything we do because she will be the one to defend us in court if we are sued. We are very careful to do things legally and appropriately. The Council has a very broad responsibility, and he believes the evidence shows we have done a really good job. It is not legal to put roadblocks up in front of people so if an EAW is not required, we cannot support having one. All the questions asked in the EAW petition have been answered by the information we received. We trust our staff, the DNR, the watershed district and the expert companies brought by Pulte because our City staff oversaw their work. We, as well as the State EQB, do not operate by just doing an EAW as a backup. Both an EAW and an EIS are meant for very large projects. He noted you can’t build an affordable home on a $200,000 lot and the market determines that figure. It may well be that Eden Prairie and our neighboring cities may never again build an affordable single family home. However, we can build apartments or townhouses that will be affordable. We build along the continuum of housing, and in recent years we have built apartments. He noted the misinformation out there is misleading and is really sad. MOTION: Narayanan moved, seconded by Toomey, to close the public hearing; to adopt Resolution No. 2021-33 denying Citizen Petition for Preparation of an EAW; to adopt Resolution No. 2021-34 for a Planned Unit Development concept review on 27.51 acres; to approve the first reading of the ordinance for a Planned Unit Development district review with waivers and a Zoning District change from Rural to R1-9.5 on 27.51 acres; to adopt Resolution No. 2021-34 for a preliminary plat to divide 3 parcels into 50 lots and 4 outlots on 27.51 acres; to direct staff to prepare a development agreement incorporating staff and commission recommendations and Council conditions; to authorize the issuance of an early land alteration permit for Noble Hill at the request of the developer subject to the conditions outlined in the permit. Case said he wanted to be sure to include the request to put in the EV plugs in all the homes. Nelson said she wanted to make sure the home design can be easily modified to include a full bathroom on the main floor. VOTE ON THE MOTION: Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Toomey moved, seconded by Nelson, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, Toomey and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS CITY COUNCIL MINUTES May 4, 2021 Page 23 XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Toomey, to adjourn the meeting. Motion carried 5-0. Mayor Case adjourned the meeting at 12:08 a.m. - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 18, 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 Gambling/Bingo Organization: Eden Prairie Lions Club Event: Schooner Days Place Round Lake Park 16691 Valley View Road Date: June 4-6, 2021 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 18, 2021 DEPARTMENT/DIVISION: Chief Scott Gerber ITEM DESCRIPTION: Approve Agreement to purchase ISPACE Environments solution for Fire Station 4 EOC Technology ITEM NO.: VIII.B. Requested Action Move to: Approve Contract for Goods and Services with ISPACE Environments for upgrading our current and outdated EOC Technology. Synopsis The Fire Department handles contracting for a variety of services related to Technology. Eden Prairie Fire Station 4 is becoming our backup EOC. (Was Primary EOC) This agreement will help upgrade the existing equipment. The Fire Department recommends accepting the quotation from ISPACE Environments in the amount of $33,503.19. The list of equipment provided by ISPACE is identified in its quotation. The equipment is purchased off of the state contract. Dollar amount will come from our CIP. Attachments Quotation from ISPACE Environments Contract for Goods and Services Fire Station 4 Eden Prairie Fire Department 5/3/2021 Wayne Lusthoff II wayne.lusthoff@ispaceenvironments.com 612.238.4485 Quote Date: WORKPLACE TECHNOLOGY QUOTE 10629Project #: 152128MN State AV Contract: Quote expires thirty (30) days from date of quote shown above EXHIBIT A SCOPE OF WORK Eden Prairie Fire Station 4 Phase 1 - Video Distribution and Displays Displays:iSpace will install one new 86" displays in the front of the room. An additional 55" display will be mounted on a swing-arm mount in place of the existing display on the side wall by the hallway. A 75" display will be mounted on the back wall as a confidence monitor for presenters. The existing displays, projector, and projector screen will be removed and handed over to owner. Sources: Available presentation sources for the room will be: - Three existing cable TV boxes - An existing dedicated PC, which will also be used for softclient videoconferencing in the future - Clickshare wireless presentation (via included Clickshare buttons) - An HDMI wall plate at the front of the room for bring-your-own-device presentation Video: Video distribution will be handled by Crestron NVX video-over-IP platform. Each source will receive an NVX encoder, and each display will receive an NVX decoder for delivering video. This NVX system hardware will also be capable of being connected to Fire Station 1 for "EOC Mode", provided adequate networking infrastructure -- this connection, if desired, to happen at a future date and is not covered in this proposal. Audio: The existing audio system -- amplifier and speakers -- will be re-used through this phase. Control: A Crestron control processor in the rack will handle control for the room. An existing iPad will be updated with new interface controls. Additionally, a wired tabletop touch panel, to be located on a shelf in the room, will provide the same controls as the wireless iPad. Room control will include displays on/off, camera control and presets, phone dialing, and audio control. Rack Equipment: The existing equipment rack will be re-used for the new system, but will be moved to an equipment closet located on the floor directly above the room. Disposal: Customer to provide access to cardboard/package recycling/disposal on site for job related items. Pro-Services: iSpace Environments will provide professional services to include Engineering, Project Management, Installation Labor and Programming Labor. Pricing is based on work performed during a standard business day between 8:00 am – 5:00 pm, Monday through Friday. If changes to project timelines require work done after hours or on weekends, a change order will be initiated for OT at a rate of 1.5 times the standard rate. Examples of changes to the timeline that would result in additional charges are: ·Furniture installation completion dates ·Construction delays ·Network drops and live date delays ·Electrical drops and live date delays ·Phone drops and live date delays Additionally, work is planned to happen in a concurrent schedule. If customer or other contractor interruptions to planned schedule occur, a change order will be initiated to cover additional travel costs and labor hours. Training: Formal training and training materials are not included in the final proposal price unless Complete Care contract or Training is purchased separately. Our technicians or Project Manager will provide you with a user run through at the end of installation during signoff. Owner Requirements: Customer to provide the following to ensure the mutual success of meeting all project deliverables per specified timeline. Delays or changes in providing the below items will result in the initiation of a change order: ⦁Identified project champion (our main contact) ⦁Provides signoffs and approvals 1 Provides confirmation of completion of below requested items 2 Provides additional project contacts to iSpace (furniture, network/IT, phone, GC, etc.) 3 Provides updates to project timeline and communicates changes in other contractor’s delivery dates ⦁Uninterrupted Access to each room for 5 days 0 Wall backing, conduit and any millwork installed 3 days prior to iSpace’s start date 1 Furniture delivered and installed 3 days prior to iSpace’s start date 2 Network drops installed and live 3 days prior to iSpace’s start date 3 IP addresses assigned by 5 days prior to iSpace’s start date 4 Phone lines installed and live 3 days prior to iSpace’s start date 5 All iSpace Environments provided IT forms filled out and sent back 5 business days prior to start of installation date 6 A specified on-site staging area supplied for the delivery and storage of equipment once installation begins. If this space is a secured space, iSpace will require access to it. Support Offering: iSpace Service Hub contracts are available for an additional purchase; options and pricing is provided on the summary page of your proposal. Complete Care contracts include: unlimited service calls to our Service Hub, unlimited service visits, all replacement parts and labor, firmware updates, training and training materials as well as one preventative maintenance visit per room per year. Change Order Process: The purpose of a change order is to make official changes to the existing SOW. Changes, additions or deletions will initiate the need for a change order. Change orders may include additional fees or credits and may impact project completion dates, dependent on scope. iSpace Environments provides our best estimate of labor costs based on what we know of your project to-date and initially supplied timelines, which include other contractor completion dates. Pricing is based on work performed during a standard business day between 8:00 am – 5:00 pm, Monday through Friday. If changes to the project timelines require work done after hours or on weekends, a change order will be initiated for OT at a rate of 1.5 times the standard rate. Examples of changes to the timeline that would result in additional charges are: ·Construction delays as a result of another contractor ·Furniture installation completion dates ·Network drops and live date delays ·Electrical drops and live date delays ·Phone drops and live date delays ·Any other delays that prevent iSpace from starting installation per agreed upon timeline Additionally, work is planned to happen in a concurrent schedule. If customer or other contractor interruptions to planned schedule occur, a change order will be initiated to cover additional travel costs and labor hours. Once the need for a change order is identified, the iSpace team will present you with a change order document outlining additional costs (or credits) along with an updated SOW detailing what has changed. Work cannot proceed withoutcustomer approval of the change. We understand there are time sensitive situations which require all parties to move quickly and make rapid decisions to keep a project on track for timely completion. Our team will do everything they can to assist and work with you during this process, however if purchase orders are required as part of your company’s standard operating procedure, iSpace will require receipt of a purchase order prior to work commencement. Project invoicing will not be delayed during the change order process. Once all work is completed per original scope of work (SOW) and proposal, an invoice will be generated. Change orders costs will be invoiced separately. Equipment availability typically has a 2-3 week lead time and is subject to manufacturer availability. Fire Station 4: Video Distribution and Displays QTY PRICEDESCRIPTION Displays CHIEF PDRUB Chief PDR Universal Flat Panel Dual Swing Arm Wall Mount. Extends 37'' (93.98 cm) for viewing from any angle, and remains low-profile in home position $595.921 CHIEF XTM1U FUSION Micro-Adjustable Tilt Wall Mount, (55-100'' Displays) $501.762 CRESTRON DM-NVX-350 DigitalMedia 4K60 4:4:4 HDR network audio/video encoder/decoder $3,186.003 LG 55UT640S0UA 55" 3840x2160 (UHD), HDMI, 500 nit LED Backlit LCD Large Format Monitor $885.921 LG 75UT640S0UA 75'' 4K Ultra high definition TV $2,012.751 LG 86UT640S0UA 86'' UU340C Series 4K Ultra high definition TV $3,545.921 Displays $10,728.27Total Video ClickShare USB Button wireless interface Included in package 2 BARCO ClickShare USB Button -INCL *BARCO ClickShare CSE-200 ClickShare System - includes Base Station, two ClickShare USB Buttons $1,529.281 CRESTRON DM-NVX-350 DigitalMedia 4K60 4:4:4 HDR network audio/video encoder/decoder $1,062.001 CRESTRON DM-NVX-E30 DigitalMedia™ 4K60 4:4:4 HDR Network AV Encoder $3,068.004 CRESTRON DM-NVX-E760 DigitalMedia™ 4K60 4:4:4 HDR Network AV Encoder $1,121.001 CRESTRON HD-TX-101-C-1G-E-B-T DM Lite HDMI over CATx transmitter, wall plate, black textured $224.201 LIBERTY DL-AR3119 DigitalLinx Adapter ring $235.191 MicroFlex Pro AV/IT Certified 4K60 18G High Speed HDMI Cable with ProGrip Jet Black 3ft 3 COMPREHENSIVE MHD18G-3PROBLK 1 space, 17 3/8 inside width, rack shelf 3 MIDDLE ATLANTIC U1 *OWNER FURNISHED CABLE BOX - HD - OFE** [OFE] - Owner Furnished HD Cable box $143.013 OWNER FURNISHED PC - OFE** [OFE] - PC 1 Video $7,382.68Total Control APPLE CRESTRON APP for iPad Crestron App for iPad will need to be purchased by iSpace and loaded to your provided Apple ID. (Once loaded license cannot move accounts) $117.991 Crestron PW-2420RU 50 watt (24vdc @ 2A) power supply - included in package 1 CRESTRON PW-2420RU -INCL *CRESTRON CP4N A rack-mountable control system with a powerful 4‑Series control engine and numerous integrated control ports. Features an isolated control subnet that provides a Gigabit Ethernet LAN dedicated to Crestron devices. $1,609.941 CRESTRON TS-770-B-S 7 in. Tabletop Touch Screen, Black Smooth $1,149.951 EXTREME 220-24p-10GE2 (16563) Extreme Part No.: 16563 220-24P-10GE2 24PT POE+ 2 10GBE SFP+ $1,440.831 MIDDLE ATLANTIC PD-915R 9 outlet, single 15 AMP circuit, surge / spike protected rackmount power $88.151 Control $4,406.86Total Project Administration ISPACE ENVIRONMENTS SHIPPING AND HANDLING Shipping and handling $500.001 ISPACE ENVIRONMENTS TRAVEL EXPENSES Travel expenses $350.001 Project Administration $850.00Total WIREMOLD 800BAC-WH Raceway, PVC, 5', 1.3125'' Wide, White $74.583 WIREMOLD 806-WH Coupling, PVC, White $1.353 WIREMOLD 811-WH Flat Elbow, PVC, White $1.951 $77.88 $23,445.69 Cabling and Hardware Total Fire Station 4: Video Distribution and Displays Total Cabling and Hardware PRO SERVICES Labor charges are based on the current Scope of Work (SOW) and discussed timeline. Changes to SOW and/or timeline may result in additional labor charges and travel fees. Delays due to construction are also subject to additional labor fees.Hourly Rates: installation $85/hr, project management $95/hr, professional/technical services $115/hr. $10,057.50AV LABOR - SUBCONTRACTED Date Date iSpace Environments Client: Contractor By signing this proposal, I acknowledge and agree to the terms & conditions included with this proposal on the following page. PROJECT SUMMARY Equipment: Pro Services: Service Hub Care Packages $3,350.00 Project Total: $23,445.69 $10,057.50 $33,503.19 Decline Complete Care Coverage *iSpace waiver: By declining coverage I agree and understand that all labor repairs and/or replacement parts will be charged at iSpace current rates after the 90 day warranty period expires. The warranty period begins on the day of project sign-off. I also understand that applicable trip fees and shipping fees may apply. Complete Care 1 Year • Full Equipment Coverage • Full Labor Coverage • Priority On-Site Scheduling • Preventative Maintenance • Advanced Parts Replacement • Training $9,000.003 Years Ext PriceUnit PriceManufacturer PartNumber QtyCat Ext CostUnit Cost 10629ADDENDUM Project #: $117.99$117.99APPLE CRESTRON IPAD APP 16.05 $99.99 $99.99 $1,529.28$1,529.28BARCO R9861520NA 115.00 $1,296.00 $1,296.00 $53.10$0.18BELDEN BULKCBL 30018.00 $45.00 $45.00 $382.32$0.64BELDEN BULKCBL 60018.00 $324.00 $324.00 $431.88$1.44BELDEN BULKCBL 30018.00 $366.00 $366.00 $2,476.82$2,476.82BIAMP TESIRAFORTE DAN VT 11.03 $2,099.00 $2,099.00 $595.92$595.92CHIEF PDRUB 114.00 $505.02 $505.02 $501.76$250.88CHIEF XTM1U 214.00 $212.61 $425.22 $47.43$15.81COMPREHENSIVE MHD18G-3PROBLK 318.00 $13.40 $40.20 $1,609.94$1,609.94CRESTRON CP4N 16.02 $1,400.00 $1,400.00 $1,180.00$1,180.00CRESTRON DGE-100 12.04 $1,000.00 $1,000.00 $5,310.00$1,062.00CRESTRON DM-NVX-350 54.12 $900.00 $4,500.00 $3,835.00$767.00CRESTRON DM-NVX-E30 54.12 $650.00 $3,250.00 $1,121.00$1,121.00CRESTRON DM-NVX-E760 14.12 $950.00 $950.00 $224.20$224.20CRESTRON HD-TX-101-C-1G-E-B-T 12.05 $190.00 $190.00 $1,149.95$1,149.95CRESTRON TS-770-B-S 16.05 $1,000.00 $1,000.00 $1,150.00$1,150.00CRESTRON TSD-2220-B 16.05 $1,000.00 $1,000.00 $1,440.83$1,440.83EXTREME 12581559 115.00 $1,221.04 $1,221.04 $0.00$0.00ISPACE ENVIRONMENTS BULKCBL 10099.00 $0.00 $0.00 $925.00$350.00ISPACE ENVIRONMENTS Ship123 399.00 $350.00 $925.00 $600.00$250.00ISPACE ENVIRONMENTS Travel123 299.00 $250.00 $600.00 $885.92$885.92LG 55UT640S0UA 19.01 $791.00 $791.00 $2,012.75$2,012.75LG 75UT640S0UA 19.01 $1,797.10 $1,797.10 $3,545.92$3,545.92LG 86UT640S0UA 19.01 $3,166.00 $3,166.00 $235.19$235.19LIBERTY DL-AR3119 115.00 $199.31 $199.31 $88.15$88.15MIDDLE ATLANTIC PD-915R 13.02 $74.70 $74.70 $95.58$31.86MIDDLE ATLANTIC U1 33.02 $27.00 $81.00 $4,106.40$513.30SHURE MXW6/C 81.04 $435.00 $3,480.00 $2,702.50$2,702.50SHURE MXWAPT8 11.04 $2,350.00 $2,350.00 $1,445.50$1,445.50SHURE MXWNCS8 11.04 $1,225.00 $1,225.00 $3,913.76$3,913.76VADDIO 999-60321-000W 15.07 $3,494.43 $3,494.43 $124.30$24.86WIREMOLD 800BAC-WH 516.00 $21.07 $105.35 $1.80$0.45WIREMOLD 806-WH 416.00 $0.38 $1.52 $3.90$1.95WIREMOLD 811-WH 216.00 $1.65 $3.30 2021 04 22 Version 2017 06 01 Agreement for Professional Services This Agreement (“Agreement”) is made on the 18th day of May, 2021, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and ISPACE Environments (“Consultant”), a Minnesota company (hereinafter “Consultant”) whose business address is 6813 Shady Oak Road, 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 Fire Station 4 EOC Technology upgrade hereinafter referred to as the “Work”. The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from May 18, 2021 through August 31, 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 $33,503.19 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental 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. Page 2 of 10 2021 04 22 Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. 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. Page 3 of 10 2021 04 22 c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the 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 Page 4 of 10 2021 04 22 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. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. 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 Page 5 of 10 2021 04 22 $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 d. 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. e. 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. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. g. 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. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage Page 6 of 10 2021 04 22 resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. 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. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. 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. o. 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. p. 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. q. Effect of Consultant’s Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that Page 7 of 10 2021 04 22 this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City Page 8 of 10 2021 04 22 of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Page 9 of 10 2021 04 22 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. Page 10 of 10 2021 04 22 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: CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 18, 2021 DEPARTMENT/DIVISION: Scott Gerber, Fire Chief ITEM DESCRIPTION: Agreement for implementation of MobileEyes ITEM NO.: VIII.C. Requested Action Move to: Approve the agreement for implementation of MobileEyes Mobile (ie. inspection and pre-plan software) for the Fire Department from Tyler Technologies in the amount of $21,425. Synopsis The Fire Department is requesting the approval of a contract for the purchase and implementation of MobileEyes from Tyler Technologies. This implementation will include access/use, setup, configuration, training, support and annual maintenance of the MobileEyes software. This project cost is $21,425 and will be funded by the fire department budget. Background MobileEyes is a Mobile fire inspection and pre-plan software. This software will enable the fire inspections staff to implement a paperless fire inspection process, which will reduce redundant manual data entry, improve planning, scheduling and tracking of inspections, and enable our fire inspectors to increase fire inspection productivity. Cost Breakdown: - Implementation: $10,419 - Annual Maintenance: $11,006 Attachment Tyler Quote 2021-224858-Y6T3F7 Page 1 Quoted By:Christina Milson Quote Expiration:7/10/21 Quote Name:MobileEyes Sales Quotation For: City of Eden Prairie 8080 Mitchell Rd Eden Prairie MN 55344-2203 Tyler Software Description License Discount License Total Year One Maintenance New World Public Safety Other Software MobileEyes to New World Interface $ 0 $ 0 $ 0 $ 0 SmartDraw - Pre-plan Drawing Tool $ 300 $ 0 $ 300 $ 96 Total $ 300 $ 0 $ 300 $ 96 TOTAL $ 300 $ 300 $ 96 Annual / SaaS Description Fee Discount Annual New World Public Safety Other Software MobileEyes Company Inspector - Pre-Plan $ 1,014 $ 0 $ 1,014 MobileEyes Inspector $ 8,112 $ 816 $ 7,296 MobileEyes Logis Interface $ 2,000 $ 0 $ 2,000 2021-224858-Y6T3F7 Page 2 MobileEyes Contractor Portal (free to AHJ)$ 0 $ 0 $ 0 MobileEyes Onboard Codes - ICC $ 400 $ 0 $ 400 MobileEyes Onboard Codes - NFPA $ 200 $ 0 $ 200 TOTAL $ 10,910 Services Description Quantity Unit Price Discount Total Maintenance New World Public Safety MobileEyes Training Services - SmartDraw 3 $ 185 $ 0 $ 555 $ 0 MobileEyes Training Services - Inspector/Plus 16 $ 185 $ 0 $ 2,960 $ 0 MobileEyes Training Services - Company Inspector 8 $ 185 $ 0 $ 1,480 $ 0 MobileEyes Setup & Configuration Services 25 $ 185 $ 0 $ 4,625 $ 0 MobileEyes Contractor Portal Setup &Training 1 $ 499 $ 0 $ 499 $ 0 MobileEyes to New World Interface 1 $ 0 $ 0 $ 0 $ 0 TOTAL $ 10,119 $ 0 Summary One Time Fees Recurring Fees Total Tyler Software $ 300 $ 96 Total Annual $ 0 $ 10,910 Total Tyler Services $ 10,119 $ 0 Total Third-Party Hardware, Software, Services $ 0 $ 0 Summary Total $ 10,419 $ 11,006 Contract Total $ 21,425 2021-224858-Y6T3F7 Page 3 Assumptions Personal Computers must meet the minimum hardware requirements for New World products. Microsoft Windows 7/8.1/10 32/ 64 bit or later is required for all client machines. Windows Server 2012R2/2016/2019 and SQL Server 2012/2014/2016/2017/2019 are required for the Application and Database Server(s). New World product requires Microsoft Windows Server 2012R2/2016/2019 and SQL Server 2012/2014/2016/2017/2019, including required Client Access Licenses (CALs) for applicable Microsoft products. Servers must meet minimum hardware requirements provided by Tyler. The supported Microsoft operating system and SQL versions are specific to Tyler’s release versions. New World product requires Microsoft Excel or Windows Search 4.0 for document searching functionality; Microsoft Word is required on the application server for report formatting. Tyler recommends a 100/1000MB (GB) Ethernet network for the local area network. Wide area network requirements vary based on system configuration, Tyler will provide further consultation for this environment. Does not include servers, workstations, or any required third-party hardware or software unless specified in this Investment Summary. Client is responsible for any third-party support. Licensed Software, and third-party software embedded therein, if any, will be delivered in a machine readable form to Client via an agreed upon network connection. Any taxes or fees imposed are the responsibility of the purchaser and will be remitted when imposed. Tyler's GIS implementation services are to assist the Client in preparing the required GIS data for use with the Licensed New World Software. Depending upon the Licensed Software the Client at a minimum will be required to provide an accurate street centerline layer and the appropriate polygon layers needed for Unit Recommendations and Run Cards in an industry standard Esri file format (Personal Geodatabase, File Geodatabase, Shape Files). Client is responsible for having clearly defined boundaries for Police Beats, EMS Districts and Fire Quadrants. If necessary Tyler will assist Client in creating the necessary polygon layers (Police Beats, EMS Districts and Fire Quadrants) for Unit Recommendations and Run Cards. Tyler is not responsible for the accuracy of or any ongoing maintenance of the GIS data used within the Licensed New World Software. Client is responsible for any ongoing annual maintenance on third-party products, and is advised to contact the third-party vendor to ensure understanding of and compliance with all maintenance requirements. All Tyler Clients are required to use Esri's ArcGIS Suite to maintain GIS data. All maintenance, training and ongoing support of this product will be contracted with and conducted by Esri. Maintenance for Esri's ArcGIS suite of products that are used for maintaining Client's GIS data will be contracted by Client separately with Esri. When Custom interface is included, Custom interface will be operational with existing third-party software. Any subsequent changes to third-party applications may require additional services. When State/NCIC is included, Client is responsible for obtaining the necessary State approval and any non-Tyler hardware and software. Includes state-specific standard forms developed by Tyler. Additional forms can be provided for an additional fee. 2021-224858-Y6T3F7 Page 4 MobileEyes Contractor Portal Charges $2.50 per transaction fee. 4 Inspectors NFPA and ICC Fire Codes tbd 1 Company Inspector Pre Plans Interface with New World NC 1 API use for Logis interface 1 Smart Draw and Training Set up Training Data loading Contractor Portal set up 1,000 Buildings Eden Prairie, MN MobileEyes Amendment 051221.doc AMENDMENT This amendment (“Amendment”) is effective as of the date of signature of the last party to sign as indicated below (“Amendment Effective Date”) by and between Tyler Technologies, Inc., a Delaware corporation with offices at 840 West Long Lake Road, Troy, MI 48098 (“Tyler”) and City of Eden Prairie, with offices 8080 Mitchell Rd., Eden Prairie, MN 55344-2203 (“Client”). WHEREAS, Tyler and the Client are parties to an original Product and Services Agreement with an effective date of December 8, 2008 (the “Agreement”); and WHEREAS, Tyler and Client now desire to amend the Agreement. NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and the Client agree as follows: 1. The software and/or services set forth in Exhibit 1 and 2 and associated services as noted in Schedules 1 and/or 2 to this Amendment are hereby added to the Agreement. 2. The following payment terms, as applicable, shall apply: a. Additional software fees will be invoiced 100% on the Amendment Effective Date. b. Associated maintenance and support fees will be invoiced on a pro rata basis beginning on the first day of the month following the Amendment Effective Date, and thereafter in a lump sum amount together with Client’s then-current maintenance and support fees for previously licensed software. 3. The following payment terms, as applicable, shall apply to MobileEyes Subscription Services: a. MobileEyes SaaS Fees. MobileEyes SaaS Fees are invoiced on an annual basis, beginning on the commencement of the initial term as set forth in Section C(1) of Exhibit 2. Your annual SaaS fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual SaaS fees will be at our then-current rates. b. MobileEyes Implementation fixed price services as set forth in the Investment Summary will be invoiced upon complete delivery of the service. 4. The terms and conditions contained in Exhibit 2, including the associated schedules thereto, apply to the MobileEyes Subscription Services listed in the Amendment Investment Summary. 5. This Amendment shall be governed by and construed in accordance with the terms and conditions of the Agreement. 6. All other terms and conditions of the Agreement shall remain in full force and effect. [SIGNATURE PAGE FOLLOWS] Eden Prairie, MN MobileEyes Amendment 051221.doc IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Amendment as of the date of signature of the last party to sign as indicated below. Tyler Technologies, Inc. City of Eden Prairie, MN By: By: Name: Bryan Proctor Name: Title: President, Public Safety Division Title: Date: Date: Eden Prairie, MN MobileEyes Amendment 051221.doc Exhibit 1 Amendment Investment Summary The following Amendment Investment Summary details the software, products, and services to be delivered by us to you under the Agreement. This Amendment Investment Summary is effective as of the Amendment Effective Date. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Eden Prairie, MN MobileEyes Amendment 051221.doc Eden Prairie, MN MobileEyes Amendment 051221.doc Eden Prairie, MN MobileEyes Amendment 051221.doc Eden Prairie, MN MobileEyes Amendment 051221.doc Exhibit 2 MobileEyes Terms and Conditions SECTION A – DEFINITIONS Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. • “Data Storage Capacity” means the contracted amount of storage capacity for your Data identified in the Investment Summary. • “Defined Users” means the number of users that are authorized to use the SaaS Services. The Defined Users for the Agreement are as identified in the Investment Summary. • “MobileEyes Agreement” means this MobileEyes Software as a Service Terms and Conditions. • “SaaS Fees” means the fees for the SaaS Services identified in the Investment Summary. • “SaaS Services” means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler Software, and includes the right to access and use the Tyler Software, receive maintenance and support on the Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting or other professional services. • “SLA” means the service level agreement. A copy of our current SLA is attached hereto as Schedule 1. SECTION B – SAAS SERVICES 1. Rights Granted. We grant to you the non-exclusive, non-assignable limited right to use the SaaS Services solely for your internal business purposes for the number of Defined Users only. The Tyler Software will be made available to you according to the terms of the SLA. You acknowledge that we have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software in accordance with the maintenance and support terms in the Agreement. 2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount of Data Storage Capacity. You may add additional users or additional data storage capacity. In the event you regularly and/or meaningfully exceed the Defined Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate with the overage(s). 3. Ownership. 3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software, and anything developed by us under this MobileEyes Agreement. You do not acquire under this MobileEyes Agreement any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services. 3.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only. 3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize that except to the extent necessary to carry out our obligations contained in this MobileEyes Agreement, we do not create or endorse any Data used in connection with the SaaS Services. Upon the termination of this MobileEyes Agreement, and upon written request from the Client, Tyler shall provide a database file including all Client data to Client. Client is responsible for providing the proper contact for receiving this information. If Client requires regular database copies, Client shall maintain the ability at any time using their administrative access credentials to export their data from the application as a .CSV file into Excel or Access. 4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS Services available in any manner to any third party for use in the third party’s business operations; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or Documentation available to any third party other than as expressly permitted by this MobileEyes Agreement. 5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the term of this MobileEyes Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support terms in the Agreement and our then current SLA attached as schedule 1. 6. SaaS Services. 6.1 Our SaaS Services are hosted by Secure-24, our MobileEyes data center and hosting provider, and have been audited in accordance with the AICPA’s Statement on Standards for Attestation Engagements (“SSAE”) No. 18. Secure-24 has attained, SOC 1 compliance. 6.2 You will be hosted on shared hardware on a database dedicated to you, which is inaccessible to our other customers. 6.3 Secure-24 has fully-redundant telecommunications access, electrical power, and the required hardware to provide access to the Tyler Software in the event of a disaster or component failure. In the event any of your Data has been lost or damaged due to an act or omission of Tyler or its subcontractors or due to a defect in Tyler’s software, we will use best commercial efforts to restore all the Data on servers in accordance with the architectural design’s capabilities and with the goal of minimizing any Data loss as greatly as possible. In no case shall the recovery point objective (“RPO”) exceed a maximum of twenty-four (24) hours from declaration of disaster. For purposes of this subsection, RPO represents the maximum tolerable period during which your Data may be lost, measured in relation to a disaster we declare, said declaration will not be unreasonably withheld. 6.4 In the event we declare a disaster, our Recovery Time Objective (“RTO”) is twenty-four (24) hours. For purposes of this subsection, RTO represents the amount of time, after we declare a disaster, within which your access to the Tyler Software must be restored. 6.5 You may not attempt to bypass or subvert security restrictions in the SaaS Services or environments related to the Tyler Software. Unauthorized attempts to access files, passwords or other confidential information, and unauthorized vulnerability and penetration test scanning of our network and systems (hosted or otherwise) is prohibited without the prior written approval of our IT Security Officer. 6.6 Secure-24 will periodically test our disaster recovery plan. Our standard test is not client-specific. 6.7 We will be responsible for importing back-up and verifying that you can log-in. You will be responsible for running reports and testing critical processes to verify the returned Data. 6.8 We provide secure Data transmission paths between each of your workstations and our servers. 6.9 For at least the past twelve (12) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies. Secure- 24 data centers are accessible only by authorized personnel with a unique key entry. All other visitors must be signed in and accompanied by authorized personnel. Entry attempts to the data center are regularly audited by internal staff and external auditors to ensure no unauthorized access. 6.10 Where applicable with respect to our applications that take or process card payment data, we are responsible for the security of cardholder data that we possess, including functions relating to storing, processing, and transmitting of the cardholder data and affirm that, as of the Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and have performed the necessary steps to validate compliance with the PCI DSS. We agree to supply the current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at https://www.tylertech.com/about-us/compliance, and in the event of any change in our status, will comply with applicable notice requirements. SECTION C – TERM AND TERMINATION 1. Term. The initial term of this MobileEyes Agreement is prorated beginning on the Amendment Effective Date and ending on the same date as the annual maintenance or subscription term for Tyler Software under the Client’s Agreement, unless earlier terminated as set forth below. Upon expiration of the initial term, this MobileEyes Agreement will renew automatically for additional one (1) year renewal terms at our then-current SaaS Fees unless terminated in writing by either party at least sixty (60) days prior to the end of the then-current renewal term. Your right to access or use the Tyler Software and the SaaS Services will terminate at the end of this MobileEyes Agreement. 2. Termination. This MobileEyes Agreement may be terminated as set forth below. In the event of termination, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with the Agreement. 2.1. Failure to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we may discontinue the SaaS Services and deny your access to the Tyler Software. We may also terminate this MobileEyes Agreement if you don’t cure such failure to pay within forty-five (45) days of receiving written notice of our intent to terminate. 2.2. For Cause. If you believe we have materially breached this MobileEyes Agreement, you will invoke the Dispute Resolution clause set forth in the MobileEyes Agreement. You may terminate this MobileEyes Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this MobileEyes Agreement within the thirty (30) day window set forth in the MobileEyes Agreement. 2.3. Force Majeure. Either party has the right to terminate this MobileEyes Agreement if a Force Majeure event suspends performance of the SaaS Services for a period of forty-five (45) days or more. 2.4. Lack of Appropriations. If you should not appropriate or otherwise make available funds sufficient to utilize the SaaS Services, you may unilaterally terminate this MobileEyes Agreement upon thirty (30) days written notice to us. You will not be entitled to a refund or offset of previously paid, but unused SaaS Fees. You agree not to use termination for lack of appropriations as a substitute for termination for convenience. 2.5. Fees for Termination without Cause during Initial Term. If you terminate this MobileEyes Agreement during the initial term for any reason other than cause, Force Majeure, or lack of appropriations, or if we terminate this MobileEyes Agreement during the initial term for your failure to pay SaaS Fees, you shall pay us the following early termination fees: 2.5.1. if you terminate during the first year of the initial term, 100% of the SaaS Fees through the date of termination plus 25% of the SaaS Fees then due for the remainder of the initial term; 2.5.2. if you terminate during the second year of the initial term, 100% of the SaaS Fees through the date of termination plus 15% of the SaaS Fees then due for the remainder of the initial term; and 2.5.3. if you terminate after the second year of the initial term, 100% of the SaaS Fees through the date of termination plus 10% of the SaaS Fees then due for the remainder of the initial term. Exhibit 2 Schedule 1 Service Level Agreement for MobileEyes This Service Level Agreement (SLA) exists for the purpose of creating an understanding between Tyler Technologies, Inc. (hereafter Tyler) and Client regarding the hosting and support of the Tyler Software. This SLA guarantees Client’s web application’s availability, reliability and performance as indicated herein. This applies to the Tyler Software hosted pursuant to this MobileEyes Agreement. 1. Hosting Services Tyler’s hosting partner is Secure-24. Secure-24 is a provider of managed IT operations, hosting and cloud services, providing highly available environments and expert management and support of critical applications. Information regarding Secure-24 data center is available here: https://www.secure- 24.com/company/data-centers/. Tyler’s server hardware is configured to prevent data loss due to hardware failure and utilize the following to ensure a quick recovery from any hardware related problems. • Independent Application and Database Servers • Redundant Power Supplies • Off-Site Backup Servers • Firewall • Redundant Disk configuration • Disk Space allocation and Bandwidth as contracted Data Integrity Tyler’s applications are backed up daily allowing for complete recovery of data to the most recent backup: • Daily scheduled database and application backups. • Offsite data storage ensures physical safety and availability of backup data. 2. Application and Hosting Support Tyler provides ongoing Help Desk support as part of the annual software license for their applications, including infrastructure. This includes continued attention to Tyler Software performance and general maintenance needed to ensure application availability. Support includes application support as well as technical diagnosis and fixes of technology issues involving the host environment. The Tyler Help Desk is available with the exception of Tyler holidays, Monday through Friday from 8:00 am to 8:00 pm EST at (248)588-7670 ext. 1. Incident Reporting Tyler maintains a Help Desk during normal business hours, staffed by MobileEyes-certified personnel located within the U.S. Most trouble calls are handled at the time of the call, while a small percentage require Level 2 (programmer) support and subsequent follow-up. All problems, errors, and/or suggested improvements are documented within a CSR (customer service request) Log and handled based upon severity, as follows: Severity Level Severity Examples Targeted Notification Goals Targeted Resolution Response Time High Complete shutdown or partial shutdown of one or more Software functions. Access to one or more Software functions not available. Major subset of Software application impacted. Within one (1) hour of initial notification during business hours. Tyler will also send an email broadcast to all effected users, notifying them of the problem and efforts to resolve it. 2-4 business hours Medium Minor problem. Data entry or access impaired on a limited basis (typically user error). Within four (4) hours of initial notification 24 business hours Low System operational with minor issues; suggested enhancements as mutually agreed upon – typically covered in a future release as mutually agreed upon. Same day or next business day of initial notification Future Release Client Service Requests - Enhancements Client Service Requests documenting suggested enhancements are reviewed on a quarterly basis and considered for inclusion in periodic releases. If an enhancement request is specific to one customer and deemed to be outside of the original scope of the product, it will be unlikely that the request will be included in a future release. Custom enhancement requests that can otherwise be accommodated will be subject to Tyler standard rates and documented by Tyler as a formal quote for mutual agreement by Tyler and Client . Client will have an opportunity to review and approve the scope, specification and cost before work is started to ensure goals are properly communicated and funding approved. Product release management is handled by Tyler using standard development tools and methodologies. Work items including, tasks, issues, and scenarios are all captured within the system. New releases are communicated well in advance by Tyler to all clients by system banners and email broadcasts including instructions if user intervention is required. Maintenance and Upgrades All system/product maintenance and upgrades are included in the ongoing support and warranty as contracted. Tyler will communicate all enhancements and upgrades that may impact its users. All code releases will maintain the integrity of Client specific configurations (i.e. templates, addresses, dropdown menus, pick lists, etc.) that have been implemented either by Tyler or Client. Exhibit 2 Schedule 2 Third Party Terms for MobileEyes NFPA Codes Material from documents of the National Fire Protection Association is displayed in this system under license from the NFPA solely for use within this system on the single machine to which this system is licensed. NFPA material may not be copied, reproduced, transferred, transmitted, distributed or used except as allowed by this system for the purpose of preparing and documenting inspection reports. Any use in violation of this MobileEyes Agreement shall allow Tyler Technologies, Inc. (“Tyler”) or the NFPA to immediately cancel all rights granted by this license. NFPA is not responsible for the programming or display of this material. Any problems or difficulties with the presentation of this material should be brought to the attention of Tyler or the NFPA. ULCS Codes Material from documents of ULC Standards (ULCS) is displayed in this system under license from ULCS solely for use within this system on the device(s) to which this system is licensed. ULCS material may not be copied, reproduced, transferred, transmitted, distributed or used except as allowed by this system for the purpose of preparing and documenting inspection reports. Any use in violation of this MobileEyes Agreement shall allow Tyler Technologies, Inc. (“Tyler”) or ULCS to immediately cancel all rights granted by this license. ULCS is not responsible for the programming or display of this material. Any problems or difficulties with the presentation of this material should be brought to the attention of Tyler. IFC Codes This software contains information which is proprietary to and copyrighted by International Code Council, Inc. The acronym "ICC" and the ICC logo are trademarks and service marks of ICC. ALL RIGHTS RESERVED. As an End-User of the Software Product, End-User does not acquire any proprietary interest in the Software Product, or any of its contents. End-User acknowledges that and agrees that there are no warranties, guarantees, conditions, covenants or representations by ICC as to the fitness for a particular purpose, or any other attribute, whether expressed or implied (in law or in fact), oral or written, of the copyrighted ICC property contained in the Software Product. End-User agrees that any unauthorized possession of the Software Product or its accompanying printed materials, or any use of the same, shall constitute a breach of the license agreement, and, upon written notice of the same by either ICC or Licensor, the End-User will surrender possession of the Software Product and all accompanying printed materials to ICC or Licensor. This MobileEyes Agreement is not transferable to any other party, for any reason. End-User agrees that use of the Software Product constitutes acceptance of the terms and conditions of this MobileEyes Agreement. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE May 18, 2021 DEPARTMENT / DIVISION Administration Rick Clark, Facilities ITEM DESCRIPTION City Center Boilers Replacement ITEM NO. VIII.D. Requested Action Move to: Award Contract for City Center Boilers Replacement to Johnson Controls Inc. in the amount of $275,538 Synopsis CenterPoint Energy provides rebates for high efficiency boiler system installs. This project expected to total $19,950 Project total = $275,538 CenterPoint Rebate = $19,950 Project Net Cost = $255,588 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 two new high efficiency boilers that serve the entire City Center building. 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 the boilers at the City Center are over 30 years old, in need of replacement and past life expectancy. Facilities staff have selected two 96.2% high efficiency boilers to replace the two existing boilers. The selected boilers are 25% more efficient than the previous providing a savings and reduction in natural gas usage over the life of the boilers. Attachment Standard City Construction Contract with Johnson Controls Inc. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 18, 2021 DEPARTMENT/DIVISION: Joe Dusek Public Works/Utilities ITEM DESCRIPTION: Award Contract for Annual Cleaning Services at the Water Treatment Plant ITEM NO.: VIII.E. Requested Action Move to: Award contract for Annual Cleaning Services at the Water Treatment Plant to Castro Cleaning LLC in the amount of $51,000. Synopsis The current cleaning services contract at the water treatment plant will be terminated on June 30, 2021. The City of Eden Prairie Utilities Division obtained quotes from two reputable cleaning contractors for annual cleaning services. Castro Cleaning LLC provided the lowest quote. The two quotes are as follows: Castro Cleaning LLC. $51,000 Vanguard Cleaning Systems $52,680 Background Information The new contract will include stripping and waxing of all VCT flooring in the water treatment plant 1 time per year, which was not in the previous contract. The new contract with Castro Cleaning LLC will begin on July 1, 2021. Attachment Copy of Contract CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 18, 2021 DEPARTMENT/DIVISION: Scott Riley Public Works / Streets ITEM DESCRIPTION: I.C. 18830 Award Contract for Mudjacking to Northstar Mudjacking And More ITEM NO.: VIII.F. Requested Action Move to: Award the Contract for the 2021 Mudjacking of curb and sidewalk panels to Northstar Mudjacking and More at the unit prices as indicated in the quote summary with costs not to exceed $50,000.00. Synopsis A request for quotes was sent out for the Mudjacking of curb and sidewalk panels on March 16, 2021. Quotes were received by April 14, 2021 with Northstar Mudjacking and More being the lowest qualifying bid. Bidder Estimate Northstar Mudjacking and More $6.25/LF of Curb and $39.25/5X5 Sidewalk Panel Expert Concrete Raising $40/LF of Curb and $80/5X5 Sidewalk Panel Metro Concrete Raising No Bid Background Information This contract aims to help Streets and Parks Division Staff with the preservation of curb and sidewalk infrastructure. Decreasing trip hazards on walks and maintaining positive flow of storm water throughout the city and in the overlay area. Attachments Northstar Quote (Exhibit A) Signed Contract (Exhibit B) 2018 08 01 Construction Contract This Contract (“Contract”) is made on the 18th day of May, 2021, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Northstar Mudjacking & More, a Minnesota company (hereinafter "Contractor") whose business address is 14109 Burnley Way, Rosemount, MN 55068. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for mudjacking of concrete curb, gutter, and sidewalk panels throughout The City (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 the attached Exhibit A and Exhibit B. 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 November 30, 2021. 3. Compensation for Services. City agrees to pay the Contractor a cost not to exceed $50,000 based on unit prices described in Exhibit A (Quote Letter) as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit B (Special Provisions). a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. Standard Construction Contract 2018 08 01 Page 2 of 12 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. Final Payment. Contractor’s request for final payment shall be accompanied by Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. Standard Construction Contract 2018 08 01 Page 3 of 12 6. Project Manager and Staffing. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. Standard Construction Contract 2018 08 01 Page 4 of 12 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; Standard Construction Contract 2018 08 01 Page 5 of 12 f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor’s expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. Standard Construction Contract 2018 08 01 Page 6 of 12 The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 17. 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. 18. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 19. 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 Standard Construction Contract 2018 08 01 Page 7 of 12 this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. 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. Standard Construction Contract 2018 08 01 Page 8 of 12 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 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 Standard Construction Contract 2018 08 01 Page 9 of 12 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. 20. 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. 21. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 22. 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 Standard Construction Contract 2018 08 01 Page 10 of 12 American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 25. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection 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 Standard Construction Contract 2018 08 01 Page 11 of 12 agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 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. Standard Construction Contract 2018 08 01 Page 12 of 12 a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 18, 2021 DEPARTMENT/DIVISION: Carter Schulze Public Works / Engineering ITEM DESCRIPTION: I.C. 20823 Award Contract for Cumberland Road Rehabilitation to GMH Asphalt Corporation ITEM NO.: VIII.G. Requested Action Move to: Award contract for the Cumberland Road Rehabilitation Project (I.C. 20823) to GMH Asphalt Corporation in the amount of $231,743.90. Synopsis Quotes were received on Thursday May 6, 2021 for this project. Five (5) quotes were received and are summarized below. The low quote in the amount of $231,743.90 was submitted by GMH Asphalt Corporation and is 25% below the Engineer’s Estimate. Staff recommends awarding the contract to GMH Asphalt Corporation. Quote Summary: GMH Asphalt Corporation $231,743.90 Asphalt Surface Technologies Corp. $265,066.08 Bituminous Roadways Inc. $265,924.10 New Look Contracting, Inc. $288,315.20 Pember Companies, Inc. $318,826.85 Background Information This portion of Cumberland Road between Mitchell Road and Sycamore Court has deteriorated significantly due to poor underlying soils. Because of this, the rehabilitation method proposed for this project is more intense than a typical mill and overlay. The proposed method will include removing the curb and gutter and the entire section of bituminous asphalt in order to make corrections to the underlying soils before replacing the curb and road section. The duration of this project is approximately 1-2 months. Project Cost Summary This project will utilize the Pavement Management and Utility funds. Attachment Contract FC-1 FORM OF CONTRACT THIS AGREEMENT, made and executed this 18th day of May 2021 by and between City of Eden Prairie hereinafter referred to as the "CITY", and GMH Asphalt Corporation hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. _20823 Cumberland Road Rehabilitation CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $_231,743.90. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders c. Accepted Proposal d. Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans FC-2 (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE, MN. By Its City Mayor And Its City Manager CONTRACTOR In Presence Of: GMH Asphalt Corporation By Title And Title CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 18, 2021 DEPARTMENT/DIVISION: Rick Wahlen Public Works/Utilities ITEM DESCRIPTION: Approve Professional Services Agreement with HTPO for Engineering Services for Rehabilitating two City Sanitary Sewer Lift Stations ITEM NO.: VIII.H. Requested Action Move to: Approve Professional Services Agreement with Hansen Thorp Pellinen Olson, Inc. (HTPO) in the amount of $62,000 for Engineering Services in Support of Rehabilitating two Sanitary Sewer Lift Stations. Synopsis Utilities Division plans for the rehabilitation of one sanitary sewer lift station per year in the Wastewater Capital Improvement Plan (CIP). Funds are available in 2021 to upgrade two lift stations. This contract is for the overall engineering of the projects. Background Information The sanitary sewer lift station on 11126 Bluestem Lane is next in line for a thorough overhaul. The wastewater CIP provides funding for the rehabilitation of at least one lift station per year on a 20-25 year preventive maintenance rotation schedule, and this lift station was programmed for 2021. Funding from the wastewater utility capital reserves is sufficient to allow the City to also rehabilitate the lift station at 10501 Purdey Road, which is next on the rotation list. The attached proposal serves as Exhibit A, and staff recommends approval of a professional services agreement with HTPO. Attachments Agreement Exhibit A (Scope of Work) 2021 04 22 Version 2017 06 01 Agreement for Professional Services This Agreement (“Agreement”) is made on the _18th_ day of_May_, 2021, 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. (AE2S)_ (“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 two City owned sanitary lift stations located at 11126 Bluestem Lane and 10501 Purdey Road_ 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 _May 18, 2021_through _August 31, 2024_ 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 $ 62,000 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. Page 2 of 10 2021 04 22 c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Page 3 of 10 2021 04 22 b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant Page 4 of 10 2021 04 22 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. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. 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 Page 5 of 10 2021 04 22 $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 d. 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. e. 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. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. g. 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. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. Page 6 of 10 2021 04 22 k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. 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. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. 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. o. 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. p. 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. q. 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 Page 7 of 10 2021 04 22 of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. 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 Page 8 of 10 2021 04 22 the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the 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 Page 9 of 10 2021 04 22 previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, 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. Page 10 of 10 2021 04 22 a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government 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. May 05, 2021 Rick Wahlen City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Eden Prairie 2021 Lift Station Rehabilitation Project Dear Mr. Wahlen, HTPO is pleased to provide this proposal for land surveying, civil engineering, and landscape architecture services for the 2021 Lift Station Rehabilitation project. Per the various emails and the meeting on April 12, 2021, it is our understanding that the project will consist of a thorough rehabilitation of the Sanitary Sewer Lift Station No. 10 located at 11126 Bluestem Lane (Location 1) and rehabilitation of the Sanitary Sewer Lift Station located at 10501 Purdey Road (Location 2). SCOPE OF SERVICES We propose to provide the following services for each of the two locations: A. Boundary and Topographic Survey Boundary and topographic survey of the project area described above (Location 1 = ~7,500 sf, Location 2 = ~6,000 sf) including the following items: • 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 provided by the City and per data available from the Hennepin County RecordEase system. • Spot elevations on significant structures and features, such as buildings, drives, trees, curb, sidewalk, roadway, etc. • Rim and Invert elevations on sanitary sewer and storm sewer utilities. B. Construction Documents Our scope includes preparation of specifications and final plans, including a site layout plan with removals and temporary erosion & sediment control, a traffic control plan, landscaping/restoration plan, and construction details. We will submit the final plans, specs, and a cost estimate to the City for review prior to issuing for bid. Our scope also includes coordinating with AE2S and the City throughout the design process, including hosting a weekly progress meeting. City of Eden Prairie – 2021 Lift Station Rehabilitation May 05, 2021 Page 2 Our scope also includes working with AE2S to evaluate the public right-of-way area on the south side of Bluestem Lane as a possible location for the new lift station control panel. We are not anticipating the need for temporary construction easements, but we will determine if any temporary easements are required as design progresses. C. Bid Administration Includes plan distribution, answering bidder’s questions, attendance at bid opening, review of bids and tabulation, and letter of recommendation for award. D. Construction Administration & Observation Includes a preconstruction meeting, communication and coordination with AE2S, the City, and the Contractor, shop drawing review, quantity verification and processing pay requests, construction staking, as-builts, final punch list, and project closeout. Includes up to 60 hours of construction observation (assumes 15 hours per week over a construction period up to 4 weeks). E. Warranty Period Includes up to 10 hours for up to two site visits and for communications with AE2S, the City, and the Contractor during the 12-month warranty period. ASSUMPTIONS • Roadway improvements will not be required. • Project funding is exclusively by the City of Eden Prairie. • Permit 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. • We assume that each location will be bid and constructed separately. SCHEDULE It is our understanding that the City’s preference is to complete the construction work in Fall of 2021. In order to meet this schedule, we assume that we will receive authorization to begin our scope of work within one week of this proposal date. We also understand that we are to explore the possibility of having a bid alternate date of a Spring 2022 construction for one or both locations. We assume all work under Tasks A, B, and C listed above will be performed in 2021 with the work under Task D possibly extending into 2022. The Warranty Period will extend into 2022 and possibly into 2023 dependent on the final completion dates of construction for each location. City of Eden Prairie – 2021 Lift Station Rehabilitation May 05, 2021 Page 3 COMPENSATION Compensation for those items described in the Scope of Services above are estimated as follows: Total Fees and Expenses $ 62,000 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 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 18, 2021 DEPARTMENT/DIVISION: Rick Wahlen Public Works/Utilities ITEM DESCRIPTION: Approve Professional Services Agreement with AE2S for Engineering Services for Instrumentation and Controls at two City Sanitary Sewer Lift Stations ITEM NO.: VIII.I. Requested Action Move to: Approve Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. (AE2S) in the amount of $49,100 for Engineering Services in Support of Rehabilitating two Sanitary Sewer Lift Stations. Synopsis Utilities Division plans for the rehabilitation of one sanitary sewer lift station per year in the Wastewater Capital Improvement Plan (CIP). Funds are available in 2021 to upgrade two lift stations. This contract is for the design and oversight of the installation of the lift station controls at the two locations. Background Information The sanitary sewer lift station on 11126 Bluestem Lane is next in line for a thorough overhaul. The wastewater CIP provides funding for the rehabilitation of at least one lift station per year on a 20-25 year preventive maintenance rotation schedule, and this lift station was programmed for 2021. Funding from the wastewater utility capital reserves is sufficient to allow the City to also rehabilitate the lift station at 10501 Purdey Road, which is next on the rotation list. The attached proposal serves as Exhibit A, and staff recommends approval of a professional services agreement with AE2S for the instrumentation and controls portion of the project. Attachments Agreement Exhibit A (Scope of Work) 2021 04 22 Version 2017 06 01 Agreement for Professional Services This Agreement (“Agreement”) is made on the _18th_ day of_May_, 2021, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Advanced Engineering & Environmental Services, Inc. (AE2S)_ (“Consultant”), a Minnesota _corporation_ (hereinafter “Consultant”) whose business address is _6901 East Fish Lake Road, Suite 184, Maple Grove, MN 55369_. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for__professional engineering services for the design and installation of new instrumentation and controls at two City owned sanitary lift stations located at 11126 Bluestem Lane and 10501 Purdey Road_ 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 _May 18, 2021_through _August 31, 2024_ 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 $ 49,100 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. Page 2 of 10 2021 04 22 c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Page 3 of 10 2021 04 22 b. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the Project Manager without the approval of the City. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 9. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant Page 4 of 10 2021 04 22 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. If Consultant’s insurance does not afford coverage on behalf of subcontractors, Consultant must require and verify that all subcontractors maintain insurance meeting all the requirements of this paragraph 11, and Consultant must include in its contract with subcontractors the requirement that the City be listed as an additional insured on insurance required from subcontractors. In such case, prior to a subcontractor performing any Work covered by this Agreement, Consultant must: (i) provide the City with a certificate of insurance issued by the subcontractor’s insurance agent indicating that the City is an additional insured on the subcontractor’s insurance policy; and (ii) submit to the City a copy of Consultant’s agreement with the subcontractor for purposes of the City’s review of compliance with the requirements of this paragraph 11. c. 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 Page 5 of 10 2021 04 22 $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 d. 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. e. 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. f. Consultant shall maintain “stop gap” coverage if Consultant obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. g. 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. h. All policies, except the Professional Liability Policy, shall apply on a “per project” basis. i. All General Liability policies, Automobile Liability policies and Umbrella policies shall contain a waiver of subrogation in favor of the City. j. All policies, except for the Worker’s Compensation Policy and the Professional Liability Policy, shall be primary and non-contributory. Page 6 of 10 2021 04 22 k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for loss or damage resulting from the negligence or fault of anyone other than the Consultant or others for whom the Consultant is legally liable. l. 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. m. It shall be Consultant’s responsibility to pay any retention or deductible for the coverages required herein. n. 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. o. 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. p. 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. q. 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 Page 7 of 10 2021 04 22 of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. 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 Page 8 of 10 2021 04 22 the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the 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 Page 9 of 10 2021 04 22 previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, 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. Page 10 of 10 2021 04 22 a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government 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: April 29, 2021 City of Eden Prairie Rick Wahlen Manager of Utility Operations 14100 Technology Drive Eden Prairie, MN 55344 Re: Proposal for Professional Services Eden Prairie 2021 Lift Station Rehabilitation Project Dear Mr. Wahlen: Advanced Engineering and Environmental Services, LLC (AE2S) proposes to render professional engineering services (Assignment) to City of Eden Prairie (CLIENT) in relation to the 2021 Lift Station Rehabilitation Project. Scope of Basic Services The City of Eden Prairie plans a thorough rehabilitation of two (2) Sanitary Sewer Lift Stations; Lift Station No. 10 at 11126 Bluestem Lane and the Belle Oaks Lift Station at 10501 Purdey Road, for their 2021 Lift Station Rehabilitation Project and has requested assistance from an engineering team to design and manage the project. HTPO will serve as the lead engineer for the project with Adam Pawelk as the overall project manager. AE2S will perform the electrical and I&C services engineering for the project under the management of Nancy Zeigler. I&C programming professional services will be performed under separate contract with the CLIENT and are not included as part of this letter agreement. Based on our understanding of the project, we anticipate that the professional services will include the following Design Phase ·Attend project team meetings organized by HTPO. ·Prepare 95% set of electrical & I&C drawings based on background drawings provided by HTPO. ·Prepare 95% electrical and I&C specifications that cover the project. ·Prepare 95% opinion of probable construction cost. ·Review 95% construction documents with HTPO and City personnel and make changes as required. Exhibit A City of Eden Prairie 2021 Lift Station Rehabilitation Page 2 of 4 ·Update electrical and I&C construction drawings and specifications based upon comments on 95% design documents. ·Update electrical and I&C opinion of probable cost to reflect any modifications made. ·Submit final electrical and I&C bidding documents to HTPO in electronic format (PDF). Bidding Phase ·Respond to bidder questions on electrical and I&C items. ·Support addenda preparation, as required. Construction Phase ·Attend preconstruction conference. ·Review Contractor submittals for (shop drawings) for electrical and I&C products and equipment. (HTPO will send shop drawings to AE2S and AE2S will return the reviewed documents to HTPO.) ·Support HTPO on contract change order requests, as required. ·Support HTPO on contractor pay requests, as required. ·Attend start-up and provide Substantial Completion inspection ·Submit punch list to HTPO. ·Prepare as-built drawings based on contractor’s mark up of drawings & submit to HTPO. Warranty Phase ·Support HTPO and the City, as needed, during the warranty phase. Includes up to 20 hours during the 12-month warranty period. Additional Services Services resulting from significant changes in the general scope, extent, or character of the Assignment are not included as a part of the Scope of Basic Services. If authorized in writing by the CLIENT, AE2S will provide services beyond the scope of this Agreement on an hourly basis in accordance with the Hourly Fee Schedule on file with the City. CLIENT’S Responsibilities CLIENT shall do the following in a timely manner, so as not to delay the services of AE2S: 1. Designate a person to act as CLIENT’s representative with respect to the services to be rendered under this Agreement. Such person shall have authority to transmit instructions, receive information, and interpret and define CLIENT’s policies and decisions with respect to services for the Assignment. City of Eden Prairie 2021 Lift Station Rehabilitation Page 3 of 4 2. Provide relevant information regarding requirements for the Assignment. AE2S shall be entitled to use and rely upon all information provided by CLIENT or others in performing AE2S’s services under this Agreement. 3. Provide access to the relevant site sufficient for AE2S to performs its services under this Agreement. 4. CLIENT shall, so long as AE2S is not in default, promptly pay AE2S for such services as have been performed satisfactorily hereunder in accordance with the fee terms set forth herein. CLIENT shall bear all costs incident to compliance with its responsibilities pursuant to this section. Fees AE2S shall render services under the Agreement on an hourly basis in accordance with our Hourly Fee Schedule. ENGINEER proposes to complete the Scope of Services on an hourly and not to exceed basis. A breakdown of the estimated costs for the Scope of Services is as follows: Lift Station Tasks Fee Design Phase Engineering Services $22,400 Bidding Phase Engineering Services $4,000 Construction Phase Engineering Services $18,900 Total Design, Bidding & Construction Professional Services $45,300 Warranty Phase Services $3,800 Performance Schedule AE2S shall use commercially reasonable efforts to complete Basic Services within a reasonable time period. We are available to start immediately following Notice to Proceed. It is our understanding that the City’s preference is to complete the construction work in Fall of 2021, but that construction of the 2nd lift station will most likely be completed in Spring 2022. To meet this schedule, we assume that we will receive authorization to begin our scope of work within one week of this proposal date. We assume that the majority of the work will be performed in 2021, expect for construction of the 2nd lift station which will most likely extend into spring 2022 and the Warranty Period which may extend into spring 2023. City of Eden Prairie 2021 Lift Station Rehabilitation Page 4 of 4 Thank you for the opportunity to assist in this project and we look forward to working with you. Sincerely, Nancy Zeigler Project Manager CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 18, 2021 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation ITEM DESCRIPTION: Accept Bids and Award Contract to BKJ for the Martin Drive Sidewalk Improvements Project ITEM NO.: VIII.J. Motion Move to: Accept the bids and award contract for the construction of a concrete sidewalk along Martin Drive to BKJ Land Company in the amount of $251,552.75. Synopsis The City advertised for the construction of a five-foot wide concrete sidewalk along Martin Drive from Mitchell Road west to Venture Lane. The City received eight bids, with BKJ being the low bidder. Bid Summary: BKJ Land Co $251,552.75 Odesa II $259,300.60 Sunram Construction $309,011.00 Urban Companies $316,705.00 Ti-Zack Concrete $317,524.80 Standard Sidewalk $334,966.25 Pember Companies $348,808.00 Restoration & Construction Services $352,394.90 Background The scope of this project is to construct new concrete sidewalk to fill in the gap between Mitchell Rd and Martin Drive. This section was identified as a need in the recent Pedestrian and Bicycle Master Plan and was requested by many businesses in the area. The engineer’s estimate for the project was $317,740 and recommends approval of the contract. The funding for this sidewalk project comes from the Capital Improvement Program, Capital Maintenance and Reinvestment. Attachments Form of Contract – BKJ Land Company Letter of Recommendation from HTPO SHORT FORM CONSTRUCTION CONTRACT THIS AGREEMENT, made and executed this 18th day of May, 2021, by and between City of Eden Prairie hereinafter referred to as the "CITY", and BKJ Land Company, hereinafter referred to as the "CONTRACTOR", WITNESSETH: CITY AND CONTRACTOR, for the consideration hereinafter stated, agrees as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the CITY for: I.C. MARTIN DRIVE SIDEWALK IMPROVEMENTS CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $251,552.75. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents. IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents a. Advertisement for Bids b. Instruction to Bidders b. Proposal Form c. Construction Short Form Agreement d. Contractor's Performance Bond e. Contractor's Payment Bond (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans (6) Addenda and Supplemental Agreements The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the following schedule: Or in accordance with the Contract Documents. VI. This Agreement shall be executed in two (2) copies. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as of the date first above written. In Presence Of: CITY OF EDEN PRAIRIE __________________________________ By ________________________________ Its City Mayor __________________________________ By_______________________________ Its City Manager CONTRACTOR In Presence Of: ____________________________________ __________________________________ By ________________________________ Its __________________________ __________________________________ _______________________________ Its __________________________ May 13th, 2021 Mr. Matt Bourne City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Martin Drive Sidewalk Improvements City Project # 21817 Dear Mr. Bourne, Bids were received and opened at 10:00 a.m. on Thursday May 6, 2021, for the above referenced project. The bids are shown on the attached Summary of Bids. The low bidder, BKJ Land Co II Inc DBA BKJ Excavating, came in with a bid of $251,552.75, which was 21% lower than the Engineer’s Estimate of $316,510.00. Recommendation is made that the City Council awards City Project # 21817 to BKJ Excavating in the amount of $251,552.75 for the base bid project. This recommendation considers that the City Council reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City. Respectfully, Hansen Thorp Pellinen Olson, Inc. Aaron Carrell, PE Enclosures CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 18, 2021 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation ITEM DESCRIPTION: Professional Services Agreement with HTPO for Martin Drive Sidewalk Improvements Construction Administration ITEM NO.: VIII.K. Motion Move to: Approve the Standard Agreement for Professional Services with HTPO for construction administration for the Martin Drive Sidewalk Improvements Project at a cost not to exceed $27,700.00. Synopsis In February, the City entered into an agreement with Hansen, Thorp, Pellinen and Olson Inc. for engineering and concept design services related to constructing a trail on Martin Drive from Venture Lane to Mitchell Road. This gap in our trail system was identified as a priority section to be completed and is an area where staff continually hears concerns regarding pedestrian safety. Staff is now proposing to enter into an agreement for construction administration for the project. Recommendation The proposal from HTPO is in line with our estimate and staff recommends approval of this contract. Attachment Standard Agreement for Professional Services 2017 06 01 Version 2017 06 01 Agreement for Professional Services This Agreement (“Agreement”) is made on the 18th day of May, 2021, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen, Thorp, Pellinen, Olson, Inc., a Minnesota Cooperation (hereinafter "Consultant") whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Martin Drive Sidewalk Improvements Construction Administration hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term. The term of this Agreement shall be from February 18, 2020 through the completion of the design work, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $27,700.00 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. Page 2 of 11 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 11 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 11 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 11 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 Professional Liability policy shall insure the defense and indemnity obligations assumed by Consultant under this Agreement except with respect to the liability for Page 6 of 11 2017 06 01 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 the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that Page 7 of 11 2017 06 01 this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in Page 8 of 11 2017 06 01 the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Page 9 of 11 2017 06 01 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. Page 10 of 11 2017 06 01 b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Mayor City Manager CONSULTANT By: Its: Page 11 of 11 2017 06 01 Exhibit A Scope of Services CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 18, 2021 DEPARTMENT/DIVISION: Jay Lotthammer, Parks and Recreation Director ITEM DESCRIPTION: Lease Agreement with the Metropolitan Airports Commission for Flying Cloud Fields ITEM NO.: VIII.L. Requested Action Move to: Authorize entering into Lease Extensions with the Metropolitan Airports Commission (MAC) for Flying Cloud Fields through December 31, 2021. Synopsis Staff is currently working with MAC staff to draft a longer-term lease for City Council and MAC Board consideration. This lease is intended to allow for continued athletic association use during negotiations. Background Flying Cloud Fields are owned by the Metropolitan Airports Commission. The property has been used by community athletic associations and leased by the City of Eden Prairie since 1964. The fields are currently used by the Soccer Club, Soccer Association, Football Association, Lacrosse Association, Baseball Association, and Miracle League Field participants. Attachment Athletic Fields Lease Agreement 1 ATHLETIC FIELDS AREA LEASE AGREEMENT THIS ATHLETIC FIELDS AREA LEASE AGREEMENT (“Lease”) is made between the Metropolitan Airports Commission (“Commission”), a public corporation of the State of Minnesota, as Lessor, and the City of Eden Prairie (“City”), as Lessee. WITNESSETH: WHEREAS, pursuant to a Memorandum of Understanding (“MOU”) dated December 17, 2002, the City leased the property shown on attached Exhibit A from the Commission for athletic fields pursuant to leases entered into in 2010 and subsequently amended and extended; and WHEREAS, the most recent extension of the leases expired on December 31, 2020; and WHEREAS, the City and the Commission are in negotiations regarding the future of a lease for the property and the City desires to use the property to operate athletic fields for the 2021 athletic season; and WHEREAS, the Commission is willing to lease the property to the City for the 2021 athletic season upon the terms and conditions of this Lease; and WHEREAS, this Lease was authorized by the Commission on April 19, 2021. NOW THEREFORE, in consideration of the mutual covenants hereinafter stated, the parties hereto agree as follows: 1. PROPERTY. The Commission grants to City a lease to occupy and use, subject to the terms and conditions stated herein, the following portions of the lands constituting Flying Cloud Airport (“Airport”) in Hennepin County, Minnesota, totaling approximately 65 acres, more particularly described as follows (“Premises”): A. Lease Area 1 (“Expansion Area”) That part of the Southeast Quarter of the Southwest Quarter of Section 21 and that part of the Northeast Quarter of the Northwest Quarter of Section 28, Township 116, Range 22, Hennepin County, Minnesota described as follows: Commencing at the southeast corner of the Southeast Quarter of the Southwest Quarter of said Section 21; thence South 88 degrees 59 minutes 26 seconds West along the South line of said Southeast Quarter of the Southwest Quarter a distance of 619.08 feet to the beginning of the land to be described; thence North 25 degrees 24 minutes 54 seconds East a distance of 130. 77 feet; thence North 9 degrees 37 minutes 04 seconds East a distance of 298.26 feet; thence North 16 degrees 44 minutes 37 seconds East a distance of 484.35 feet; thence North 25 degrees 24 minutes 54 seconds East a distance of 69. 17 feet; thence North 23 degrees 2 39 minutes 26 seconds West a distance of 28.43 feet; thence North 67 degrees 07 minutes 36 seconds West a distance of 331. 31 feet; thence North 61 degrees 24 minutes 58 seconds West a distance of 90.45 feet; thence North 67 degrees 07 minutes 36 seconds West a distance of 212.98 feet; thence South 77 degrees 08 minutes 46 seconds West a distance of 208. 97 feet: thence South 1 degree 01 minutes 47 seconds East a distance of 433.95 feet; thence South 88 degrees 58 minutes 13 seconds West a distance of 200.00 feet to the easterly right of way line of H. C. S.A.H. No. 4; thence South 1 degree 01 minutes 47 seconds East along said easterly right of way line a distance of 1210. 16 feet; thence North~86 degrees 30 minutes 19 seconds East a distance of 316.86 feet; thence North 43 degrees 48 minutes 41 seconds East a distance of 454.24 feet; thence North 25 degrees 24 minutes 54 seconds East a distance of 141. 12 feet to the point of beginning. As designated as "Lease Area 1" on the plat attached hereto as Exhibit A and made a part hereof. The Premises shall be subject to the reservation of an access easement in favor of the MAC or its assigns over, under and across the area cross-hatched and depicted in the attached Exhibit B (the "Access Easement"). The Access Easement is intended to be used to construct and maintain vehicular access to the MAC parcel to the north of the Premises. The portion of the Access Easement that is existing roadway shall continue to be maintained at the sole cost and expense of the City at all times relevant to the term of this Lease. B. Leased Area 2 That part of the Southeast Quarter of the Southwest Quarter and the Southwest Quarter of the Southeast Quarter of Section 21, Township 116, Range 22, and that part of the Northeast Quarter of the Northwest Quarter and the Northwest Quarter of the Northeast Quarter of Section 28, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the southeast corner of the Southeast Quarter of the Southwest Quarter of said Section 21; thence South 88 degrees 59 minutes 26 seconds West along the South line of the Southeast Quarter of the Southwest Quarter of said Section 21 a distance of 619.08 feet to the beginning of the land to be described; thence North 25 degrees 24 minutes 54 seconds East a distance of 130.77 feet; thence North 9 degrees 37 minutes 04 seconds East a distance of 298. 26 feet; thence North 16 degrees 44 minutes 37 seconds East a distance of 484.35 feet; thence North 25 degrees 24 minutes 54 seconds East a distance of 69. 17 feet; thence South 23 degrees 39 minutes 26 seconds East a distance of 0.65 feet; thence South 66 degrees 56 minutes 19 seconds East a distance of 72.46 feet; thence North 68 degrees 03 minutes 41 seconds East a 3 distance of 36. 18 feet; thence South 70 degrees 29 minutes 07 seconds East a distance of 47.68 feet; thence South 65 degrees 52 minutes 46 seconds East a distance of 202.92 feet; thence South 64 degrees 53 minutes 29 seconds East a distance of 190.40 feet; thence South 64 degrees 24 minutes 47 seconds East a distance of 503.52 feet; thence South 58 degrees 42 minutes 09 seconds East a distance of 90.45 feet; thence South 64 degrees 24 minutes 47 seconds East a distance of 271.03 feet; thence South 60 degrees 35 minutes 56 seconds East a distance of 59.29 feet; thence South 21 degrees 56 minutes 19 seconds East a distance of 40.07 feet; thence South 64 degrees 24 minutes 47 seconds East a distance of 57.28 feet; thence North 68 degrees 03 minutes 41 seconds East a distance of 20.98 feet; thence South 25 degrees 24 minutes 54 seconds West a distance of 52.94 feet; thence along a tangential curve, concave northeast, having a radius of 85.00 feet, a central angle of 52 degrees 00 minutes 23 seconds and a length of 77. 15 feet; thence along a reverse curve, concave southwest, having a radius of 155.08 feet, a central angle of 52 degrees 00 degrees 23 seconds and a length of 140.76 feet; thence South 25 degrees 24 minutes 54 seconds West a distance of 17.28 feet; thence South 29 degrees 13 minutes 44 seconds West a distance of 180.40 feet; thence South 25 degrees 24 minutes 54 seconds West a distance of 47.49 feet; thence South 44 degrees 42 minutes 35 seconds West a distance of 219.41 feet; thence South 25 degrees 24 minutes 54 seconds West a distance of 174.27 feet; thence South 69 degrees 38 minutes 32 seconds West a distance of 379.90 feet; thence North 63 degrees 30 minutes 44 seconds West a distance of 1151.52 feet; (hence North 25 degrees 24 minutes 54 seconds East a distance of 141. 12 feet to the point of beginning. As designated "Lease Area 2" on the plat attached hereto as Exhibit A and made a part hereof. 2. USE. The Premises may be occupied and used by the City for recreational purposes as follows: Solely for the maintenance and operation of ball diamonds, soccer, football, and lacrosse fields and associated ancillary uses. Use of the Premises hereunder and improvements made in furtherance of such use shall at all times comply with clearance requirements under FAA regulations and state zoning requirements. 3. TERM. The term of this Lease shall be eight months, commencing May 1, 2021, and expiring December 31, 2021. There shall be no renewal or hold over of this Lease, and Commission is not obligated to provide notice of expiration. 4 If agreement on a new lease is not reached by August 1, 2021, unless otherwise agreed to by the governing bodies of the parties, the City shall have 90 days after expiration or termination of this Lease within which to remove its property, equipment and fixtures located or placed thereon and to restore the Premises to a condition acceptable to the Commission. 4. ASSIGNMENT OF LEASE. The City shall not assign or transfer this Lease, nor permit this Lease to become transferred by operation of law or otherwise, nor do or suffer any acts to be done whereby the same may be or become assigned in whole or in part. The City shall not sublease the whole or any part of the Premises. 5. CONSTRUCTION AND MAINTENANCE. In addition to the Premises, it is understood that certain aspects of the ball fields are located off the Premises, including temporary fence, storm sewer culverts and aprons, and infiltration/drainage ditches, as shown in the plans and specifications prepared by Hansen Thorp Pellinen Olson, Engineers, on February 10, 2000. These structures are understood to be included as previous improvements to the Premises, for which the City shall maintain and operate, and repair and replace as necessary the personality, equipment and fixtures of a non-permanent nature as are incident to the development of the Premises for the authorized uses, including grading, seeding or sodding as required and construction of physical improvements thereto and thereon, all at no cost to the Commission and subject to removal by Lessee of all property, equipment and fixtures and, if necessary, the restoration of the Premises on termination of this Lease. If maintenance of the detention pond, into which the ball field drainage empties, becomes necessary, the City will pay a pro-rata portion of the expenses. The pro-rata portion will be the estimated amount of drainage into the pond from the ball fields of the total drainage into the pond. All plans for the grading and construction of and relating to replacement of or alterations to the Premises, facilities or improvements shall require Commission staff review and approval, and in addition, all expansion, construction, repair, replacement and alteration plans must meet the requirements of the Federal and State regulatory agencies for clearance and protection of approaches in respect to the airport. Final design by City for the Premises shall be subject to review and approval by Commission for conformance with FAA and state rules and regulations and compatibility with airport operational requirements. The City will provide for the storm water retention needs relating to the Premises. All work shall be carried on at such time or times and under such control as the Commission’s Airport Manager may impose to coordinate the same with the necessary continuous operation of the airport. The City shall fence the Premises, according to Commission requirements, to prevent unauthorized access to the airport operational areas. In addition, the City agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event any future structure or building is planned for the Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises. 5 All work shall be completed at City’s cost, and City shall notify Commission prior to continuing any work if any foreseen or unforeseen environmental conditions exist or manifest; keep the Premises, this Lease and every improvement on the Premises free and clear from all liens for labor performed and materials furnished; and defend, at City’s cost, each and every lien asserted or filed against the land, any part thereof, or against this Lease or any improvement on the Premises and pay each and every judgment resulting form such lien. In addition to the monetary rent paid to the Commission, the City shall, at all times and at no cost or expense to Commission, maintain the Premises and all improvements thereon in a neat and clean condition and in good repair and shall keep the Premises free from debris, weeds and erosion. The City shall not suffer or permit any waste or nuisance on the Premises and shall permit no illegal acts or conduct thereon or such as will constitute a nuisance. 6. RENT. As rent for the Premises the City shall pay in advance an amount of $15,000.00 for the term of the Lease. City shall pay for all water, sanitary sewer, gas, electricity, telephone, refuse collection, and storm sewer charges, environmental charges and fees, or other similar charges used on or attributable to the Premises, together with any taxes, penalties, interest or surcharges associated with such utilities and charges. City shall pay all applicable taxes (including, but not limited to, property taxes), assessments, license fees, regulatory fees and other charges, if any, imposed by any other governmental authority during the Term of this Lease upon or related to the Premises, buildings, improvements or other property located thereon, or upon City’s use or occupancy, for whatever term deemed applicable to City by that governmental authority. City shall pay these amounts without deduction or set-off against Rent to be paid under this Lease. 7. INSURANCE. The City agrees to indemnify and save harmless the Commission from any and all claims or causes of action arising or claimed to arise by reason of injury or death to person or damage to property and arising out of or incidental to the Commission’s grant to the City of this Lease or out of act or omission of person or persons incident to use and occupancy of the premises. The City shall either (i) maintain insurance, a standard term policy or policies of insurance in amounts as hereinafter set out against public liability, blanket contractual liability and property damage including personal and advertising and products liability, or (ii) provide self-insurance of equivalent protection. Such policy of policies shall be in the amount of statutory limits provided by Minn. Stat. 466.04, or as such statute may be amended or modified from time to time, which currently requires one million five hundred thousand dollars ($1,500,000) per accident or occurrence or five hundred thousand dollars ($500,000) per person. The general liability insurance shall name the City as insured and shall also name the Commission as additional insured by endorsement to the policy or policies. The City also shall maintain statutory workers’ compensation insurance or self-insurance for all employees performing work under this agreement. 6 Nothing in this Lease constitutes a waiver by the City of any statutory or common law, defenses, immunities, or limits on liability. The obligation of the City of Eden Prairie under this section cannot exceed the greater of (i) the amount that the City would be obligated to pay under the provisions and limitations of Minn. Stat. Chap 466 or (ii) the amount of insurance carried by City applicable to a claim referred to in the first sentence of this Section 7. 8. HOLD HARMLESS. To the extent permitted by law, the City agrees to hold and save harmless the Commission from any and all claims, liens or liability which may arise from City’s construction, maintenance, repair or replacement aforesaid or from claims of labor or materials involved in or rising out of the same. The City shall indemnify, defend and hold harmless Commission from and against any and all losses, liability, fines, lawsuits, charges, damages, penalties, or claims of liability for loss, damage or injury to persons or property on or about the lands under Lease from whatever cause, and Commission shall not be liable to the City to any extent, nor will the City make any claim against Commission for or on account of damage to the lands under Lease or loss damage to or destruction of improvements, facilities and structures thereon. Nothing in this Agreement constitutes a waiver by the City of any statutory or common law, defenses, immunities, or limits on liability. The obligation of the City under this section cannot exceed the greater of (i) amount that the City would be obligated to pay under the provisions and limitations of Minn. Stat. Chap 466 or (ii) the amount of insurance carried by City applicable to a claim referred to in the first sentence of this Section 8. 9. FAA AND MNDOT. Execution and continuation of this Lease is conditioned upon approval and agreement of the FAA and MN/DOT, Division of Aeronautics that the development and use of such lands for recreational purposes would not conflict with aircraft operations to and from the airport and would comply with the clearance and approach requirements presently applicable at said airport. 10. COMPLIANCE WITH LAWS. The City shall comply with all laws, ordinances, rules and regulations of the United States of America, the State of Minnesota, or of agencies, departments or divisions of either (including but not limited to the Riley-Purgatory and/or the Lower Minnesota Watershed Districts), or of the Commission relating to the Premises and the use thereof or relating to control of ground and air traffic, aircraft operations and the general use and operation of the airport; and the City shall see to the payment of any all taxes, assessments, license fees or other charges that may be legally levied, assessed or made during the term of this Lease or any extension thereof by reason of the uses hereby permitted of the Premises. City shall provide evidence of compliance with such laws to the Commission upon request of the Commission. 11. HEIGHT. The City expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth, and other objects on the Premises to a height that will not constitute an obstruction as determined by the standards in Federal Aviation Regulation, Part 77. In the event the aforesaid covenants are breached, the 7 Commission reserves the right to enter upon the Premises and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of the City. Further, the City agrees that no lights will be permitted (including automobile headlights) or installed on the Premises which will have a detrimental effect on control tower operations or otherwise affect night operations. 12. FLIGHT OF AIRCRAFT. The City expressly agrees for itself, its successors and assigns to prevent any use of the Premises which might interfere with the landing and taking off of aircraft from the Airport or to the flight of aircraft over the Premises or otherwise constitute a hazard, or interfere with air navigation and communication facilities presently or in the future serving the Airport. In the event the aforesaid covenant is breached, the Commission reserves the right to enter upon the Premises and cause the abatement of such interference at the expense of the City. 13. WITHOUT PREJUDICE. It is understood that grant of this Lease and use of the Premises is conditioned upon and shall be without prejudice to the rights of the Commission as owner and operator of the aforesaid public airport of which the subject Premises constitute a part. 14. [DELETED.] 15. COMMISSION RESERVATIONS. Commission reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or view of the City, and without interference or hindrance. Commission reserves the right, but shall not be obligated to the City, to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of the City in this regard. 16. COMMISSION RIGHT OF ENTRY. Commission shall at all times and through its agents and employees or contractors have a right of entry upon the Premises, as may be necessary in the development, maintenance and operation of the airport, including for the purpose of wildlife management. Further, the Commission reserves the right to install and maintain on the Premises such utility lines, conduits, pipes and facilities as may be necessary to the development, maintenance and operation of said airport, provided Commission shall at its cost and expense, repair any damages and restore any portion of the Premises damaged by reason of such installation and maintenance. However, if the City causes the need for such repair, construction, installation, or maintenance, the Commission will not pay to repair or restore any part of the Premises. 17. REQUIRED NOTICE. Incident to use and occupancy of the Premises hereunder, the City will advise those making use of or coming on the Premises and the parents of those children making use of the Premises that Commission has no responsibility in respect to maintenance, care, policing, control and supervision of the premises so long as this Lease is in effect. The City will post signage visible to property users that the Premises are owned by the Metropolitan Airports Commission. 8 18. ENVIRONMENTAL OPERATING CONDITIONS. Any materials/waste (hazardous or otherwise) “left over” from City’s use and occupancy of the Premises are the property of the City and must be removed by the City. Waste disposal must follow all county, state and federal regulations. MAC is not the owner, generator or the party responsible for removal/disposal of this waste/material. City shall also notify MAC of any spills or dumping, regardless of the amount, occurring on Airport property to which the City has knowledge. If MAC incurs costs related to a spill or other environmental expense related to City’s operations at the Airport, unless due to the negligence of MAC, MAC will bill City for all MAC’s costs, plus a fifteen percent (15%) administrative fee. City shall pay MAC within thirty (30) days of invoice. 19. NOTICE. All notices or communications between Commission and City shall be deemed sufficiently given or rendered if in writing and delivered to either party (i) personally, (ii) by registered or certified mail return receipt requested, or (iii) by nationally recognized overnight courier service. Except as otherwise specified herein, all notices and other communications shall be deemed to have been duly given (a) the date of receipt or rejection if given personally, (b) three (3) business days after the date of posting if given by certified or registered mail, or (c) the first (1st) business day after the date of posting if delivered by a nationally recognized courier delivery service. Notices hereunder may be given by the respective attorneys for any of the parties. Addresses for all notices are as follows: Commission: Metropolitan Airports Commission Attn: Joe Harris 6040 28th Avenue South Minneapolis, MN 55450 City: City of Eden Prairie Attn: Director of Parks and Recreation Services 8080 Mitchell Road Eden Prairie, MN 55344 Either party may change the party’s address for notice by providing written notice to the other party. 20. WAIVER. The waiver by Commission or City of any breach of any term of this Lease shall not be deemed a waiver of any prior or subsequent breach of the same term or any other term of this Lease. 21. COMMITMENTS TO FEDERAL AND STATE AGENCIES. Nothing in this Lease shall be construed to prevent Commission from making such commitments as it desires to the Federal Government or the State of Minnesota in order to qualify for the expenditure of Federal or State funds on the Airport. 9 This Lease shall be subordinate to the provisions of and requirements of any existing or future agreement between Commission and the United States, relative to the development, operation, or maintenance of the Airport. 22. RIGHT OF FLIGHT / NOISE. There is hereby reserved to the Commission, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises, together with the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from, or operation on the Airport. 23. ADDITIONAL FAA REQUIRED PROVISIONS Performance of Services on Aircraft. It is clearly understood by Tenant that no right or privilege has been granted which would operate to prevent any person, firm, or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform, in accordance with MAC policies. General Civil Rights Provision. The Tenant agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. If the Tenant transfers its obligation to another, the transferee is obligated in the same manner as the Tenant. This provision obligates the Tenant for the period during which the property is owned, used or possessed by the Tenant and the airport remains obligated to the Federal Aviation Administration. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. Title VI Clause for Use of Real Property. The Tenant for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that: (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the Tenant will use the premises in compliance with all other requirements imposed by or pursuant to the Nondiscrimination Acts and Authorities. With respect to this Lease, in the event of breach of any of the Nondiscrimination Acts and Authorities, MAC will have the right to terminate the lease and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the lease had never been made or issued. 10 Title VI Clause for Construction/Use/Access to Real Property. The Tenant for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the Tenant will use the premises in compliance with all other requirements imposed by or pursuant to the Nondiscrimination Acts and Authorities. With respect to this Lease, in the event of breach of any of the above nondiscrimination covenants, MAC will have the right to terminate the Lease and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said Lease had never been made or issued. Civil Rights – Title VI Assurance. During the performance of this contract, the Tenant, for itself, its assignees and successors in interest (hereinafter referred to as the "Tenant") agrees as follows: 1. Compliance with Regulations. The Tenant will comply with Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The Tenant, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of sub-contractor, including procurement or materials and leases of equipment. The Tenant will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, including Procurement of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation made by the Tenant for work to be performed under a subcontract, including procurement of materials, or leases of equipment, each potential sub-contractor or supplier will be notified by the Tenant of the Tenant’s obligations under this contract and the Nondiscrimination Acts and Authorities. 4. Information and Reports. The Tenant will provide all information and reports required by the Nondiscrimination Acts and Authorities and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by MAC or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Nondiscrimination Acts and 11 Authorities and instructions. Where any information required of a Tenant is in the exclusive possession of another who fails or refuses to furnish this information, the Tenant will so certify to MAC or the Federal Aviation Administration, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the Tenant’s noncompliance with non-discrimination provisions of this contract, MAC shall impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to; (a) Withholding payments to the Tenant under the contract until the Tenant complies; and/or (b) Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions. The Tenant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Nondiscrimination Acts and Authorities. The Tenant will take action with respect to any subcontract or procurement as MAC or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Tenant becomes involved in, or is threatened with litigation by a sub-contractor, or supplier because of such direction, the Tenant may request the MAC to enter into any litigation to protect the interests of the MAC. In addition, the Tenant may request the United States to enter into such litigation to protect the interests of the United States. Title VI List of Pertinent Nondiscrimination Acts and Authorities. During the performance of this contract, the Tenant, for itself, its assignees, and successors in interest (hereinafter referred to as the “Tenant”) agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; 12 • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and Operators, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq). 13 IN WITNESS WHEREOF, the parties hereto have signed this Lease Agreement the day and year written below. METROPOLITAN AIRPORTS COMMISSION By________________________________ Eric Johnson Director of Commercial Management and Airline Affairs Date______________ CITY OF EDEN PRAIRIE By________________________________ Mayor Date________________ By _________________________________ City Manager Date ________________ 14 EXHIBIT A PREMISES 15 EXHIBIT B CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: May 18, 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 282231 - 282387 Wire Transfers 1027838 - 1027887 Wire Transfers 8214 - 8220 Purchasing card 8215 City of Eden Prairie Council Check Summary 5/18/2021 Division Amount Division Amount 100 City Manager 3,789 601 Prairie Village Liquor 33,143 101 Legislative 10,682 602 Den Road Liquor 70,858 110 City Clerk 1,891 603 Prairie View Liquor 31,698 111 Customer Service 237 701 Water Enterprise Fund 46,411 113 Communications 8,430 702 Wastewater Enterprise Fund 1,240 114 Benefits & Training 602 703 Stormwater Enterprise Fund 3,665 132 Housing and Community Services 9,141 Total Enterprise Fund 187,015 133 Planning 688 136 Public Safety Communications 1,285 802 494 Commuter Services 14,082 151 Park Maintenance 25,771 807 Benefits Fund 520,000 153 Organized Athletics 43 812 Fleet Internal Service 31,731 154 Community Center 5,276 813 IT Internal Service 9,902 156 Youth Programs 5,748 815 Facilites Operating ISF 15,498 157 Special Events 37 816 Facilites City Center ISF 9,663 158 Senior Center 798 817 Facilites Comm. Center ISF 21,200 159 Recreation Administration 410 Total Internal Svc/Agency Funds Report Totals622,076 160 Therapeutic Recreation 117 162 Arts 59 Report Total 932,043 163 Outdoor Center 169 168 Arts Center 1,143 180 Police Sworn 15,336 184 Fire 10,621 201 Street Maintenance 2,203 Total General Fund 104,478 301 CDBG 4,675 Total Special Revenue Fund 4,675 308 E-911 343 509 CIP Fund 13,456 Total Capital Projects Fund 13,798 City of Eden Prairie Council Check Register by GL 5/18/2021 Check #Amount Supplier / Explanation Account Description Business Unit Comments 8218 282,470 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 04.23.21 8216 185,049 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 04.09.21 8215 40,316 USB-PURCHASING CARD Miscellaneous Police Sworn 8220 27,402 EMPOWER Deferred Compensation Health and Benefits 8219 21,558 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 282344 18,590 INDUSTRIAL PAINTING SPECIALISTS Equipment Repair & Maint Water Capital 282352 15,376 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 1027881 13,250 SENIOR COMMUNITY SERVICES Other Contracted Services CDBG - Public Service 282275 12,369 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 1027862 11,125 CENTERPOINT ENERGY Gas Prairie View Liquor Store 8214 10,668 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 282375 10,537 SOUTHWEST SUBURBAN CABLE COMMISSION Dues & Subscriptions City Council 1027860 10,100 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet - Police 282266 10,033 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 282259 8,918 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 282371 8,000 RIGHTLINE DESIGN LLC Other Contracted Services Communications 282273 7,576 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 1027876 7,537 MULCAHY COMPANY INC Supplies - Pool Pool Maintenance 282384 7,492 VIDEOTRONIX INC Capital Under $25,000 Capital Maint. & Reinvestment 1027865 7,266 EPA AUDIO VISUAL INC Hardware Maintenance IT Capital 282324 6,949 DG CENTRAL 1 LLC Electric Facilities Operating ISF 282260 6,776 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 1027877 6,668 PIONEER MANUFACTURING COMPANY Operating Supplies Park Maintenance 282241 6,359 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 282325 5,964 DRONESENSE INC Other Assets Capital Maint. & Reinvestment 282302 5,952 AERO DRAPERY AND BLIND Contract Svcs - General Bldg Police (City Cost) 282258 5,756 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 282304 5,548 AQUA LOGIC INC Contract Svcs - Pool Pool Maintenance 282298 5,217 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 282265 5,052 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 1027857 5,038 TESSMAN SEED CO Chemicals Park Maintenance 282372 5,000 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal 282249 4,981 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 282334 4,939 GRAYMONT Treatment Chemicals Water Treatment 1027866 4,575 GARTNER REFRIGERATION & MFG INC Repair & Maint - Ice Rink Ice Arena Maintenance 282290 4,412 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 282370 4,250 REACH TREE INC Other Contracted Services Tree Removal 282350 4,131 KODIAK CUSTOM LETTERING INC Clothing & Uniforms Tennis 1027880 3,991 RESTORATION SYSTEMS INC Outside Water Sales Water Enterprise Fund 282247 3,932 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 282295 3,882 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 282233 3,720 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 282310 3,700 CASTRO CLEANING LLC Janitor Service Utility Operations - General 282234 3,339 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 1027883 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells) Check #Amount Supplier / Explanation Account Description Business Unit Comments 282255 2,942 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1027885 2,900 STREICHERS Clothing & Uniforms Volunteers 282289 2,880 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 282282 2,699 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 282281 2,363 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 282330 2,278 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet Operating 282349 2,223 KIESLER POLICE SUPPLY INC.Training Supplies Police Sworn 1027859 2,159 WENCK ASSOCIATES INC Testing Stormwater Capital 282346 1,925 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 282362 1,850 OPG 3 INC Microfilming/scanning Records Management 282279 1,830 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 282309 1,759 CARVER COUNTY LICENSE CENTER Autos Utility Operations - General 282240 1,676 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 282311 1,627 CENTURY COLLEGE Training Fire 1027858 1,621 VAN PAPER COMPANY Cleaning Supplies Park Shelters 282231 1,611 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 282365 1,567 PERA Wages and Benefits 494 Corridor Commission 282271 1,524 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 282283 1,443 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 282263 1,245 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 282339 1,144 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications 282347 1,092 INTERTECH INC Contract Development IT Operating 282286 1,039 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 282335 986 GYM WORKS Equipment Repair & Maint Fitness Center 282359 979 NAC Contract Svcs - Plumbing Fire Station #4 282235 977 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 282355 960 MINNESOTA FIRE SERVICE CERTIFICATION BOA Training Fire 282377 960 THE ADVENT GROUP Temp 494 Corridor Commission 1027840 953 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 282366 924 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn 282385 912 WESTMAN JERRY AR Utility Water Enterprise Fund 1027844 874 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 1027845 872 VINOCOPIA Liquor Product Received Prairie View Liquor Store 282251 867 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 282340 850 HENNEPIN COUNTY MEDICAL CENTER Tuition Reimbursement/School Police Sworn 282288 829 INDEED BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1027841 827 VINOCOPIA Liquor Product Received Den Road Liquor Store 282257 823 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 282363 803 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Fire Station #2 1027852 781 CONCRETE CUTTING AND CORING Repair & Maint. Supplies Street Maintenance 1027871 733 MENARDS Operating Supplies City Hall (City Cost) 282238 723 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 282232 720 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 282308 720 BOUND TREE MEDICAL LLC EMS Supplies-Oxygen Supplies Fire 1027861 672 BOYER TRUCKS Equipment Parts Fleet Operating 1027849 666 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 282326 662 EARL F ANDERSEN INC Fire Prev Supp-Pub Ed/PR Wastewater Lift Station 282272 651 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 282364 650 PALEN KIMBALL LLC Contract Svcs - General Bldg Senior Center Check #Amount Supplier / Explanation Account Description Business Unit Comments 282379 650 TNC INDUSTRIES INC Contract Svcs - HVAC Fire Station #1 282383 650 VETERAN SHREDDING Other Contracted Services Senior Center Programs 282303 644 AIRGAS USA LLC Supplies - Pool Pool Maintenance 282353 638 MARS SUPPLY Lubricants & Additives Fleet Operating 8217 626 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 282387 595 ZOHO CORP Software Maintenance IT Operating 282368 566 PRINCIPAL FINANCIAL GROUP Wages and Benefits 494 Corridor Commission 1027887 561 XCEL ENERGY Electric Forest Hills Park 282338 550 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Other Contracted Services Rehab 282267 536 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 282386 520 WM CORPORATE SERVICES INC Waste Disposal Street Maintenance 282306 506 ASPEN MILLS Postage Fire 1027842 504 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 282342 488 HOME DEPOT CREDIT SERVICES Supplies - General Bldg Fire Station #3 282300 470 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 1027872 460 METRO ELEVATOR INC Contract Svcs - Elevator Maintenance Facility 1027850 450 ALBERS, JASON Operating Supplies Fire 282262 437 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 282333 433 GLOBAL EQUIPMENT COMPANY Supplies - General Bldg Arts Center 282280 417 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 1027874 414 MINNESOTA ROADWAYS CO Patching Asphalt Street Maintenance 282312 412 CENTURYLINK Telephone Wastewater Lift Station 282345 411 INSTY-PRINTS Printing Fire 1027873 409 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 282337 406 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 282252 402 WINEBOW Liquor Product Received Prairie Village Liquor Store 282278 402 WINEBOW Liquor Product Received Den Road Liquor Store 282269 393 MEGA BEER Liquor Product Received Den Road Liquor Store 282242 388 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 282268 379 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 282358 365 MSC INDUSTRIAL SUPPLY CO INC Repair & Maint. Supplies Water Treatment 282243 340 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 282291 333 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 282277 322 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 282292 321 MEGA BEER Liquor Product Received Prairie View Liquor Store 282322 320 DELTA DENTAL Wages and Benefits 494 Corridor Commission 1027875 312 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 282253 306 56 BREWING LLC Liquor Product Received Den Road Liquor Store 282270 306 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 282373 304 SMSC ENTERPRISES Landscape Materials/Supp Park Maintenance 1027864 301 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 1027878 296 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Fire Station #3 282245 288 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 282244 283 MEGA BEER Liquor Product Received Prairie Village Liquor Store 282369 280 PROP - PR Charitable Contributions Health and Benefits 1027838 272 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 282256 270 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store 282343 267 HOPKINS SPORTS CAMPS LLC Instructor Service Lesson Skills Development 282357 267 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals Check #Amount Supplier / Explanation Account Description Business Unit Comments 1027879 260 REINDERS INC Small Tools Park Maintenance 282246 259 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1027867 255 GRAFIX SHOPPE Equipment Parts Fleet Operating 282319 251 COREMARK METALS Equipment Repair & Maint Park Maintenance 1027846 251 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 282305 250 ARAMARK UNIFORM AND CAREER APPAREL GROUP Janitor Service Prairie View Liquor Store 1027851 240 CLAREY'S SAFETY EQUIPMENT Safety Supplies Utility Operations - General 282261 228 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 282293 225 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 282264 224 INDEED BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 282318 210 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 282276 204 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 282299 204 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 1027868 198 GRAINGER Repair & Maint. Supplies Water Treatment 282250 186 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 282376 181 STAPLES ADVANTAGE Office Supplies Customer Service 282374 176 SNAP-ON TOOLS Small Tools Fleet Operating 1027869 165 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 1027884 165 STERICYCLE INC Other Contracted Services Police Sworn 282236 165 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 1027843 162 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 282301 149 ACEK9 Equipment Parts Fleet Operating 1027839 145 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 1027886 143 WM MUELLER AND SONS INC Patching Asphalt Street Maintenance 282274 137 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 282285 135 DOMACE VINO Liquor Product Received Prairie View Liquor Store 282314 130 COMCAST Cable TV Fire 282323 130 DEPIESSE KYLE AR Utility Water Enterprise Fund 282341 128 HENNEPIN COUNTY TREASURER Software Maintenance IT Operating 1027856 127 STAAF, CARTER Clothing & Uniforms Police Sworn 282381 123 VERIZON WIRELESS Telephone IT Operating 1027855 120 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 282331 120 FIRECOM Equipment Repair & Maint Public Safety Communications 1027848 120 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 282237 111 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 282294 110 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 282378 107 THE ESTATE OF LAURIE KAY HANSON AR Utility Water Enterprise Fund 1027847 106 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 282284 90 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 282313 86 COMCAST Cable TV Fire 282297 77 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 282351 76 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 282382 75 VERIZON WIRELESS - VSAT Other Contracted Services Police Sworn 282327 74 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 282296 74 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie View Liquor Store 282248 71 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 282315 69 COMCAST Cable TV Fire 1027854 65 GOERGEN, MARIE Tuition Reimbursement/School Fitness Classes 282356 52 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service Check #Amount Supplier / Explanation Account Description Business Unit Comments 282239 50 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 282360 48 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 282380 48 UNITED WAY Charitable Contributions Health and Benefits 282317 46 COMCAST Cable TV Fire 282336 43 HEALY, STEPHEN Conference/Training Softball 1027882 42 SPRINT Cell/Pager Plans IT Operating 282287 42 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 282320 42 CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn 1027863 41 ECM PUBLISHERS INC Dues & Subscriptions City Clerk 282254 36 ARBEITER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1027870 35 LANDS END CORPORATE SALES Clothing & Uniforms Police Sworn 282307 34 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating 282354 25 MINNESOTA DEPARTMENT OF PUBLIC SAFETY Autos Fleet - Fire 282316 23 COMCAST Other Contracted Services Police Sworn 282348 17 ISC COMPANIES INC Repair & Maint. Supplies Water Treatment 282321 15 DALCO Cleaning Supplies City Center - CAM 282367 15 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance 282332 13 GALLS LLC Clothing & Uniforms Police Sworn 282361 8 OMEGA INDUSTRIES Operating Supplies Park Maintenance 282328 5 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 282329 5 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 1027853 1 FLEETPRIDE INC Equipment Parts Fleet Operating 932,043 Grand Total City of Eden Prairie Purchasing Card Payment Report 5/18/2021 Amount Account Description Business Unit 3,584 Other Revenue General Fund 3,133 Health & Fitness Fire 2,546 Capital Under $25,000 Police Sworn 1,489 Repair & Maint. Supplies Police (City Cost) 1,196 Tuition Reimbursement/School Police Sworn 1,097 Operating Supplies Lesson Skills Development 853 Health & Fitness Fire 849 Capital Under $25,000 Police Sworn 838 Operating Supplies Park Maintenance 815 Repair & Maint. Supplies Wasterwater Collection 761 Operating Supplies Stormwater Non-Capital 721 Bank and Service Charges Prairie View Liquor Store 720 Dues & Subscriptions Recreation Admin 675 Repair & Maint. Supplies Pool Maintenance 648 Dues & Subscriptions Planning 613 Tuition Reimbursement/School Park Maintenance 592 Repair & Maint. Supplies Pool Maintenance 585 Clothing & Uniforms Pool Operations 570 Operating Supplies Police Sworn 570 Repair & Maint. Supplies Stormwater Collection 510 Conference/Training Police Sworn 484 Software IT Operating 450 Advertising Community Center Admin 450 Tuition Reimbursement/School Police Sworn 418 Clothing & Uniforms Pool Lessons 416 Repair & Maint. Supplies Utility Operations - General 399 Tuition Reimbursement/School Police Sworn 398 Training Supplies Utility Operations - General 336 Dues & Subscriptions Organizational Services 335 Conference/Training Facilities Staff 335 Conference/Training Facilities Staff 325 Advertising Fleet Operating 320 Operating Supplies Fire 315 Operating Supplies Pool Operations 308 Operating Supplies Fire 300 Other Contracted Services Liquor Store Delivery 280 Conference/Training Pool Operations 277 Small Tools Street Maintenance 258 Training Supplies Fire 252 Equipment Parts Fleet Operating 244 Clothing & Uniforms Police Sworn 240 Operating Supplies Arts Center Amount Account Description Business Unit 233 Signs Tree Disease 225 Conference/Training Utility Operations - General 221 Clothing & Uniforms Community Center Admin 215 Canine Supplies Police Sworn 211 Operating Supplies Fire 203 Equipment Parts Fleet Operating 200 Conference/Training Utility Operations - General 200 Conference/Training Utility Operations - General 200 Conference/Training Utility Operations - General 199 Employment Advertising Organizational Services 199 Training Supplies Utility Operations - General 193 Clothing & Uniforms Fitness Admin. 192 Conference/Training Pool Operations 183 Repair & Maint. Supplies Police (City Cost) 178 Operating Supplies Police Sworn 173 Operating Supplies Arts Center 168 Conference/Training Pool Operations 160 Tuition Reimbursement/School Fitness Classes 160 Conference/Training Pool Operations 153 Operating Supplies Community Center Admin 149 Operating Supplies Park Maintenance 145 Miscellaneous City Council 145 Merchandise for Resale Concessions 141 Operating Supplies Arts Center 140 Training Supplies Police Sworn 133 Operating Supplies Community Center Admin 132 Autos Fleet - Police 130 Repair & Maint. Supplies Water Distribution 125 Conference/Training Community Center Admin 125 Deposits General Fund 122 Operating Supplies IT Operating 120 Dues & Subscriptions Tree Disease 120 Repair & Maint. Supplies City Center - CAM 117 Conference/Training Pool Operations 112 Clothing & Uniforms Skating Rinks/Warming Houses 106 Equipment Repair & Maint Fitness Classes 100 Licenses, Taxes, Fees Fitness Classes 100 Conference/Training Fleet Operating 100 Operating Supplies Senior Center Programs 100 Advertising Youth Programs Admin 99 Repair & Maint. Supplies Ice Arena Maintenance 97 Operating Supplies Police Sworn 90 Operating Supplies Arts Center 88 Training Supplies Fire 85 Small Tools Fire 83 Software/Hardware Maint.Fire Amount Account Description Business Unit 80 Operating Supplies Police Sworn 80 Dues & Subscriptions Communications 79 Operating Supplies Arts Center 79 Operating Supplies Park Maintenance 76 Repair & Maint. Supplies Ice Arena Maintenance 75 Repair & Maint. Supplies Park Maintenance 75 Tuition Reimbursement/School Police Sworn 72 Operating Supplies Park Maintenance 65 Conference/Training Stormwater Non-Capital 63 Merchandise for Resale Concessions 61 Operating Supplies Facilities Staff 60 Equipment Repair & Maint Park Maintenance 59 Dues & Subscriptions Fire 58 Operating Supplies Arts Center 58 Repair & Maint. Supplies Utility Operations - General 58 Operating Supplies Outdoor Center 57 Deposits General Fund 56 Repair & Maint. Supplies Prairie Village Liquor Store 56 Operating Supplies Park Maintenance 56 Equipment Parts Fleet Operating 56 Repair & Maint. Supplies Police (City Cost) 55 Process Control Equipment IT Operating 53 Repair & Maint. Supplies General Community Center 52 Operating Supplies Arts Center 50 Conference/Training Community Center Admin 50 Advertising Recreation Admin 50 Operating Supplies Pool Operations 48 Operating Supplies Arts Center 43 Office Supplies Utility Operations - General 43 Tuition Reimbursement/School Park Maintenance 43 Operating Supplies Arts Center 41 Clothing & Uniforms Skating Rinks/Warming Houses 40 Conference/Training Planning 40 Repair & Maint. Supplies Ice Arena Maintenance 40 Operating Supplies New Adaptive 40 Operating Supplies Arts Center 38 Miscellaneous Emergency Management 37 Operating Supplies Special Initiatives 37 Operating Supplies New Adaptive 36 Operating Supplies Fire 36 Operating Supplies Park Maintenance 35 Operating Supplies Fire 33 Operating Supplies Staring Lake Concert 32 Repair & Maint. Supplies Facilities Staff 32 Operating Supplies Fire 32 Operating Supplies Senior Center Programs Amount Account Description Business Unit 30 Advertising Arts Center 30 Operating Supplies Outdoor Center 30 Computers IT Operating 29 Software/Hardware Maint.IT Operating 29 Operating Supplies Fire 28 Operating Supplies Arts Center 27 Office Supplies Fire 26 Office Supplies Utility Operations - General 26 Employee Award Organizational Services 26 Operating Supplies Outdoor Center 25 Tuition Reimbursement/School Police Sworn 25 Other Contracted Services Organizational Services 25 Operating Supplies Arts Center 24 Deposits General Fund 24 Office Supplies Fire 22 Operating Supplies New Adaptive 22 Equipment Parts Fleet Operating 22 Operating Supplies Arts Center 21 Operating Supplies Outdoor Center 21 Operating Supplies Arts Center 21 Equipment Repair & Maint Public Safety Communications 20 Licenses, Taxes, Fees Utility Operations - General 20 Operating Supplies Police Sworn 19 Operating Supplies Outdoor Center 18 Operating Supplies New Adaptive 17 Operating Supplies Fleet Operating 17 Equipment Parts Fleet Operating 16 Operating Supplies Senior Center Programs 16 Other Contracted Services Organizational Services 16 Operating Supplies Housing and Community Service 16 Operating Supplies Outdoor Center 16 Operating Supplies Pool Lessons 14 Operating Supplies Arts Center 14 Operating Supplies Volunteers 14 Repair & Maint. Supplies Water Treatment 12 Operating Supplies Police Sworn 12 Operating Supplies Arts Center 11 Repair & Maint. Supplies Ice Arena Maintenance 11 Operating Supplies Staring Lake Concert 11 Operating Supplies Staring Lake Concert 11 Operating Supplies Community Center Admin 11 Operating Supplies Pool Operations 11 Operating Supplies Park Maintenance 10 Operating Supplies Arts Center 9 Operating Supplies Arts Center 9 Repair & Maint. Supplies Stormwater Collection Amount Account Description Business Unit 8 Operating Supplies Arts Center 6 Conference/Training Utility Operations - General 6 Operating Supplies Specialty Fitness Programs 5 Conference/Training Utility Operations - General 5 Conference/Training Utility Operations - General 5 Conference/Training Utility Operations - General 5 Licenses, Taxes, Fees Fleet Operating 5 Licenses, Taxes, Fees Fleet Operating 5 Licenses, Taxes, Fees Fleet Operating 5 Operating Supplies Staring Lake Concert 5 Bank and Service Charges Customer Service 4 Dues & Subscriptions Police Sworn -10 Awards Communications -17 Office Supplies Police Sworn -50 Computers IT Operating -52 Training Supplies Police Sworn -285 Dues & Subscriptions Fire 40,316