Loading...
HomeMy WebLinkAboutCity Council - 05/17/2022 AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MAY 17, 2022 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 Matthew Sackett, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Katie O’Connor Workshop - Heritage Rooms I and II (5:30) I. SUSTAINABLE EDEN PRAIRIE UPDATE Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 17, 2022 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 Julie Klima, Parks and Recreation Director Jay Lotthammer, and City Attorney Maggie Neuville I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. HUMAN RIGHTS AWARDS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 3, 2022 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 3, 2022 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. 6511 ROWLAND ROAD DEVELOPMENT AGREEMENT AMENDMENT by Stone Cottage Construction. Approve First Amendment to Development Agreement on 0.31 acres (Development Agreement Amendment) C. AWARD TENNIS COURT RECONSTRUCTION CONTRACT TO DMJ ASPHALT D. AWARD TENNIS COURT RESURFACING CONTRACT TO THE TENNIS COURT DOCTOR CITY COUNCIL AGENDA May 17, 2022 Page 2 E. AWARD STARING LAKE PARK RETAINING WALL CONTRACT TO ODESA II F. AUTHORIZE AGREEMENT WITH MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR EMERALD ASH BORER (EAB) PROTECTING COMMUNITY FORESTS GRANT G. APPROVE CONTRACT FOR SERVICES WITH MACQUEEN FOR FIRE TRUCKS H. ADOPT RESOLUTION APPROVING FENCING CONSORTIUM JPA I. AWARD CONTRACT TO DIVERSIFIED CONSTRUCTION FOR FIRE STATION 1 KITCHEN REMODEL J. APPROVE AGREEMENT WITH BOLTON & MENK FOR FINAL DESIGN OF WILLOW CREEK CULVERT REPLACEMENT K. APPROVE AGREEMENT WITH WSB FOR FEASIBILITY DESIGN AND SUPPORT OF DELL ROAD L. APPROVE ORDERING AND PURCHASE OF 2023 REPLACEMENT PLAN VEHICLES AND EQUIPMENT M. AWARD CONTRACT FOR MANOR ROAD NORTH DRAINAGE IMPROVEMENTS TO BKJ LAND CO II DBA BKJ EXCAVATING N. APPROVE MAINTENANCE AGREEMENT WITH EP CAMPUS I LLC O. DECLARE PROPERTY AS SURPLUS IX. PUBLIC HEARINGS / MEETINGS A. SUITE LIVING OF EDEN PRAIRIE by Civil Site Group. Resolution for Planned Unit Development Concept Review on 2.85 acres, First Reading of Ordinance for Planned Unit Development Amendment with waivers on 2.85 acres, Resolution for Preliminary Plat of one parcel into one lot and two outlots on 2.85 acres, Resolution for Findings of Fact in Support of Park Dedication Fees (Resolution for PUD Concept Review, Ordinance for PUD Amendment with waivers, Resolution for Preliminary Plat, Resolution for Findings of Fact) B. 12365 SINGLETREE LANE FAÇADE REMODEL by Newton RES LLC. Resolution for Site Plan Minor Amendment on 1.66 acres (Resolution for site plan minor amendment, Development Agreement) X. PAYMENT OF CLAIMS CITY COUNCIL AGENDA May 17, 2022 Page 3 XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT CITY COUNCIL AGENDA SECTION: Presentations DATE: May 17, 2022 DEPARTMENT/DIVISION: Julie Klima, Community Development Director. Jonathan Stanley, Housing & Community Services Manager ITEM DESCRIPTION: Human Rights Awards ITEM NO.: IV.A. Synopsis Human Rights & Diversity Commissioners will present the four Human Rights Awards. Introduce the Human Rights Awards John Urbanski 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. In celebration of the manifesto, we are honored to recognize community individuals, youth, businesses, and non-profits that live its values through their service to our community. We’ll begin by welcoming our individual award recipient to the podium. Individual Award: Kim Rathjen Presenting the Award: Shubhangi Mohan Kim Rathjen upholds the values of the Eden Prairie Manifesto through her consistent dedication to inclusion, education, and active involvement with diverse groups of people. She is the epitome of quiet, impactful leadership. Over the past 6 years, Kim developed a vision and led implementation for addressing homelessness of young adults in Eden Prairie by helping found Onward Eden Prairie. Onward Eden Prairie now proudly provides stable housing and supportive services to young people in our community. Beyond her devotion to Onward, Kim also served on the board of PROP from 2015-2021 and has served our community through her work at Immanuel Lutheran Church for 20 years. Kim regularly models the importance of caring for others by providing the community with opportunities to support one another. From collecting food, outerwear, holiday gifts and personal care items for local non-profits, to leading programs that provided food and schools supplies to students at Prairie View Elementary. She’s continued to facilitate efforts to educate community members on issues related to racial justice and provided forums for community members to gather together to learn. Kim’s impact on our community is immeasurable and we are honored to recognize her here tonight. Youth Award: Niamya Halloway Presenting the Award: Keerthana Ramanathan Niamya upholds the values of the Eden Prairie Manifesto by acting as a leader to drive progress on equity and diversity at Eden Prairie High School. She is the president and co-founder of the EPHS Black Student Union and co-founder of the EPHS Equity Council. She also serves as part of the leadership of the EPHS Dare to Be Real Club, an organization dedicated to talking about current issues surrounding equity. Through her work, she pays attention to individuals and their stories. She encourages others to rise above hate. Her passion for promoting equity is driven by her care for others and our community. Niamya is a shining example of a young person that strives to build a stronger community and we look forward to seeing where her path takes her. Non-Profit Award: Bloomington Eden Prairie Meals on Wheels Presenting the Award: Babar Khan Bloomington – Eden Prairie Meals on Wheels upholds the values of the Eden Prairie Manifesto by ensuring that seniors and individuals with disabilities are supported through delivery of noontime meals. They care for our community by ensuring that residents have access to food. However, the volunteers who deliver the meal do more than feed residents, the warmth and friendliness that they show residents during their brief visits help reduce the isolation of vulnerable residents and ensure that they know that they are cared for by the community. Like many non-profits, Meals on Wheels has faced overwhelming challenges throughout COVID. They remained steadfast in their mission by focusing on three key areas: limited disruption to services, honoring their volunteers and prioritizing the health and safety of clients, volunteers and staff alike. By supporting our seniors and individuals with disabilities, Meals on Wheels ensures that our community continues to care for one another through all seasons of life. Business Award: Winnebago Presenting the Award: Jody Knight Winnebago Industries upholds the values of the Eden Prairie Manifesto through their commitment to diversity, equity and inclusion efforts. Winnebago has developed a DEI strategic framework to guide internal and external goals and actions. This has resulted in hiring the company’s first Head of DEI at the senior leader level, diversifying company board and senior leadership team, and making public corporate statistics on Board and senior level racial diversity. Winnebago is a member of Minnesota Business Coalition for Racial Equity and also supports the Minnesota Philanthropic Collective to Combat Anti-Blackness and Realize Racial Justice. They’ve launched programs such as Women’s Inclusion Network, the company’s first Employee Resource Group. They serve our local Eden Prairie community through employee driven volunteer initiatives through PROP Shop and with the Eden Prairie Parks Clean Up as well as welcoming student interns into their Eden Prairie office through the Christo Rey’s Work Study Program. Winnebago also lives their motto “Be Great, Outdoors” by increasing Outdoor Equity efforts through “Thrive Outside”, a program designed to break down barriers and increase outdoor participation for Twin Cities youth, particularly those underrepresented in outdoor activities and jobs. There are many more examples of the efforts that Winnebago is making, internally and within our community. For their dedication, we are honored to recognize them tonight. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, MAY 3, 2022 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, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Police Chief Matthew Sackett, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Julie Klima, 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. 2021 AUDIT AND FINANCIAL STATEMENTS Council Member Narayanan was not in attendance. Case inquired why there was a change in auditing companies for 2022. Tammy Wilson, Finance Manager, replied every few years the City has to go out for bid for auditing services. It also provides accountability. Andy Grice from Bergan KDV presented the audit report for 2021. The auditors provided a clean and unmodified opinion of the City’s financial statements. They also issued their report in accordance with Government Auditing Standards. This report is required when there is grant and federal funding. There were no significant deficiencies or material weaknesses in internal control, and no compliance findings. Bergan KDV also conducted a Federal Single Audit. This is required when there is $750,000 or more of Federal funding. There were no compliance or internal control findings. There were also no compliance findings in the Independent Auditor’s Report on Minnesota Legal Compliance. Nelson inquired if these standards are normal for most cities. Grice replied it is not unusual, but not everyone is to this standard. Grice stated the general fund revenues increased about $2.8 million. Taxes and assessments increased about $1.5 million due to the levy, intergovernmental revenues decreased $885,000 due to less federal funding, charges for services increased about $1.7 million due to an increase in registrations, and other revenue sources decreased from $198,000 to negative $297,000 due to worsening market conditions. General fund expenditures increased about $2.1 million. Police increased about $788,000 driven by an increase in wages and benefits. Parks and Recreation increased about $1.3 million due to more programs and activities. Case inquired why the debt service amount has not changed since prior to 2017. Grice replied debt City Council Workshop Minutes May 3, 2022 Page 2 service activity is presented in other funds. Wilson responded the debt service in the general fund is for the fire turnout gear the City leases. Grice stated the general fund budgetary comparison revenues came in better than anticipated by about $4 million. Expenditures came in less than anticipated by $2.1 million. In regard to revenue, general property taxes and assessment were $510,000 higher, Licensing and permits revenue was about $2 million better than anticipated. Intergovernmental revenue was about $4 million higher than anticipated due to American Rescue Plan Act (ARPA) funding. Case stated if it weren’t for the ARPA revenue, the difference would have been about a $1 million loss. Getschow added the City tied ARPA funds to lost revenue. Grice stated charges for services was $2.3 million less than anticipated. Parks and recreation registrations and programming were not quite back to pre-covid amounts. In regard to expenditures, public works decreased by $540,000 due to less striping and crack filling of roads. Parks and recreation was $1 million under budget due to less programming. There was an overall increase in fund balance of $3 million. When reviewing the general fund operations, there was an increase in unassigned fund balances by $3 million. When reviewing the enterprise funds, the water fund operating revenue increased about $1.7 million and was significant due to the water meter change out project. There was a loss of about $1.5 million. The water fund had an increase in cash and investments and unrestricted net position. The significant increase in case and investment balances relates to Nelson inquired what percentage of meters have been changed out. Ellis replied about 6,000 of 18,000, so about one third. Case inquired if everyone has been cooperative. Ellis replied most have been. Toomey inquired how long these meters will last. Ellis responded about 15 to 20 years due to the high-quality softened water. Nelson noted these meters can be monitored via an application. Grice stated the wastewater fund had an increase in operating revenues and fairly flat operating expenses. The increase in revenue relates to rates and usage changes. It did result in an operating loss of $19,000. The fund has experienced significant losses in the past, but there was a significant improvement this year of about $1.7 million almost covering depreciation. The wastewater fund cash and investments balance was $8.7 million and unrestricted net position was $10.3 million. The stormwater fund had an increase in operating revenue of $755,000 due to an increase in rates. Expenses increased as well by $358,000. The fund did cover depreciation cost. The cash and investment balances increased $6.5 million and unrestricted net position increased about $6.9 million. Liquor operations fund had an increase in sales. It generated a gross profit of $3.5 million. There was an increase in the gross profit percentage from 2020 of 29.1 percent to 29.8 percent. Getschow noted we are the fourth largest municipal liquor operation in the state for revenue. Eden Prairie’s gross profit percentage is the best of the municipal liquor operations. 2020 and 2021 were both really good years. In regard to 2022, year-to-date we are down about three percent in comparison to 2021 but above 2019. Nelson inquired how much gets transferred from the City Council Workshop Minutes May 3, 2022 Page 3 liquor fund. Getschow responded currently about $800,000 is being transferred to the capital maintenance and investment fund. Freiberg inquired about Sunday sales and if they have been worth it. Getschow stated Sunday is one of the slower days and sales have been spread across seven days. Freiberg inquired why the City is open on Sundays if sales remain low. Getschow responded to remain competitive with other cities and liquor stores who are open on Sundays. It pays for itself to be open on Sunday. Nelson added people will go elsewhere if the City stores are not open Sundays. Freiberg stated it would be worth exploring the financial aspects. Case noted it would be helpful to have the liquor operation manager attend a workshop to answer some questions about operations and Sunday sales. Grice stated in the liquor fund the was an increase of $2.6 million in cash and investment as well as a $2.1 million increase in unrestricted net position. Revenue and expenditures per capita for government activities displays statewide averages. There was an increase in revenues per capita in total to $1,165. The increase was due to intergovernmental revenue and charges for services. Nelson noted, all things considered, the City has gotten through the last two years of the pandemic in good shape. She inquired if there are many people who are delinquent in tax payments. Grice replied 99 percent are current. Grice stated general fund expenditures per capita increased from $766 to $800. This includes capital outlay and construction, which decreased from $210 to $190. Debt service increased from $73 to $197. The main reason for the increase is parks and recreation expenses with increased programming from previous years. In regard to debt service, this year there were two bond issuances refunded and paid off. New bonds were issued to pay the debt off at a lower rate. Case inquired about removing debt service to have a better comparison to the statewide numbers. Grice replied capital outlay and construction are not easily compared. Getschow added some cities account for things in different ways such as community centers. Nelson added it might be helpful to have notes about particular years, specifically the pandemic. Grice talked about the tax capacity, tied to market values in the City. This increased about three and a half percent from $116.5 million to $120.5 million. The certified tax levy increased from $39.6 million to $41 million. Tax capacity rate remained similar from 31.51 to 31.43. This is the lowest tax capacity rate in the last five years. Case noted the tax capacity rate is very important. Getschow added this is the number that is referenced when comparing with other cities. There is an updated one-page financial fact sheet every few years which can be provided to Council. Nelson inquired if there is a threshold for tax capacity rate for different values of homes. Getschow added in the early 2000s the commercial rate was lowered and taxes shifted to residential properties. Nelson thanked Staff for continuing to excel with the audit. Case stated one comment often received is about the high reserve fund balance. He inquired what the policy is about how much is held back in reserves and if it is a certain portion of the taxes. Grice replied the State City Council Workshop Minutes May 3, 2022 Page 4 Auditor’s Office recommends 35 percent. Wilson added the City does 50 percent of budgeted taxes and 15 percent of budgeted expenditures for the general fund. Nelson noted this allows the City to pay bills in between tax payments. Getschow added having this fund balance is one of the reasons for the AAA bond rating. Open Podium - Council Chamber (6:30) II. OPEN PODIUM III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, MAY 3, 2022 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, Parks and Recreation Director Jay Lotthammer, Community Development Director Julie Klima, Police Chief Matt Sackett, Fire Chief Scott Gerber, and City Attorney Maggie Neuville. I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. Council Member Narayanan was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. 2021 ANNUAL COMPREHENSIVE FINANCIAL REPORT Getschow stated the Council just received a presentation on the financial report. However, they ask there be a more concise presentation to the public and Council. Andy Grice, representative with BerganKDV, explained the Independent Auditor’s Report is unmodified and in accordance with government auditing standards. He noted they are required to report any significant deficiencies or material weaknesses, but there were no compliance findings. Mr. Grice showed a slide with a graph depicting general fund revenues, which increased about $2.8 million. There was an increase in taxes and assessments due to an increase in levy, and some government funds decreased due to federal funds received in previous years for COVID-19. Mr. Grice added there was an increase in expenditures by $2.1 million. There was an increase in spending in the Police Department due to wage increases, and there was increased spending in the Parks and Recreation Department for more CITY COUNCIL MINUTES May 3, 2022 Page 2 programming. Mr. Grice explained the final budget called for $49 million, and the final budget cam in over budget by $4 million. The American Rescue Plan Act provided some relief and there was less money received from fees and services. Parks and Recreation came in under budget due to programming. Mr. Grice stated the total revenues have been larger than total expenditures for at least the last five years. Mr. Grice showed a table with revenue and expenditures per capita. The largest increase was in charges for services, and it was relatively consistent with state-wide averages. Case pointed out the City has really good numbers and should only be compared to cities of similar populations. Mr. Grice added expenditures include capital outlay and debt service. There was an increase in activity in the Parks and Recreation Department which increased some expenditures. He noted the City spends more on Parks and Recreation than the state-wide average. The capital outlay varies by year, and there was a large increase on principal expenditures for Eden Prairie’s debt service. Case noted the state-wide comparison is somewhat out of context because there are many variables between cities such as population. Getschow added Eden Prairie’s per capita is about $50 per resident while comparable cities are closer to $150 or $170. There is no new debt issued. Mr. Grice stated the tax capacity within the City is tied to market values which increased about 3 percent. The tax rates increased similarly, and the current tax capacity rate is the lowest in the last five years. Case thanked Mr. Grice for the presentation. He noted the City is doing a fantastic job spending the taxpayer money ethically. He thanked the Staff for their work on the financial reports. Nelson added Eden Prairie still has a AAA rating for bonding. Case stated not many cities have such a strong rating. MOTION: Freiberg moved, seconded by Nelson, to accept the 2021 Annual Comprehensive Financial Report (ACFR). Motion carried 4-0. B. HERITAGE PRESERVATION AWARD Getschow explained the Heritage Preservation Award, which recognizes an individual, family or business which has gone beyond their usual responsibilities to promote, preserve, rehabilitate or restore Eden Prairie's heritage resources. Heritage Preservation Commission Vice Chair, Paul Thorp, noted he has CITY COUNCIL MINUTES May 3, 2022 Page 3 served on the Commission for seven years. The recipient of the 2022 Heritage Preservation Award is Steve Olson. Mr. Olson served on the Heritage Preservation Commission, many years of which he was the Chair. Mr. Thorp explained Mr. Olson is an outstanding leader with a wealth of knowledge. The Commission had many successes under Mr. Olson’s leadership. His contributions will continue to impact the residents of Eden Prairie for many years to come. Mr. Olson stated he is encouraged by the City’s history where they fought the respiratory illness Tuberculosis in the early 1900s with the Glen Lake Children’s Camp. The site and history can give those fighting COVID-19 some courage. Mr. Olson added it is discouraging to see a conflict such as the one in Ukraine in the 21st Century. Eden Prairie has been part of questioning wars for over one hundred years. Sever Peterson, resident of Eden Prairie, volunteered to go to Vietnam twice as a medic. The very first European settlers resided near the river and also wondered what their response to the conflict with the Native Americans should be. Mr. Olson noted Eden Prairie has an 800-year-old history of people moving through it. Eden Prairie has a wide array of transportation options. While LRT Construction may be presenting an inconvenience to the City currently, it can be tolerated for progress. C. SENIOR AWARENESS MONTH PROCLAMATION Lotthammer stated May is Senior Awareness Month. At the Senior Center, there are some more programs throughout the month of May. The City has received donations to do some upgrades to the Senior Center, and it has been a big improvement and allows for building community. Gail Smith, Chair of Senior Advisory Council, explained she is an active participant at the Senior Center through games, book club, and dinners. Beth Lapp, Senior Advisory Councilmember, agreed she participates in games, socialization, and quilting. Ken Berg added he oversees some men’s activities in the Senior Center. Case asked for there to be a sort of ribbon-cutting ceremony to recognize the new community area at the Senior Center. Case read the Proclamation in full. D. EDEN PRAIRIE BUSINESS SURVEY Getschow explained every three years or so the City does a survey of the local businesses. Peter Leatherman from Morris-Leatherman will present survey CITY COUNCIL MINUTES May 3, 2022 Page 4 results from the 2022 business survey conducted earlier in the month. Mr. Leatherman stated the survey has been done since 2011. The current survey was greatly impacted by COVID-19. They spoke with 400 randomly selected owners and decision makers of Eden Prairie businesses throughout April 2022. He noted any significant change about be greater than six percent due to the margin of error. Mr. Leatherman explained the study showed businesses identify as a similar type of business. The average business in the community has 13 employees, and there was a 10 percent increase in businesses looking to hire more employees. Mr. Leatherman stated about 60 percent of the workforce resides in Eden Prairie. Eight percent of businesses are based in their homes. There is also a statistically significant change in ownership; approximately 50 percent of businesses are owned by females, whereas 43 percent of businesses were owned by females in 2018. Case asked if there is data available to ensure the spread of participants matches the demographics of Eden Prairie. Mr. Leatherman stated there isn’t specific information available, but the spread is within the margin of error. Mr. Leatherman stated the top reason for locating in Eden Prairie is supporting City services, which has significantly increased over the years. Eden Prairie being a great place to live and work, fair value of lease and rental rates, and low crime rates, property taxes, high speed internet access, proximity to customers and suppliers, highway access, and qualified workforce are important reasons for locating their businesses in the City. Mr. Leatherman noted there was a large increase in business owners valuing parks, walking paths, and outdoor amenities. The presence of similar type businesses, access to public transportation, and good housing choices are also valued by business owners but at lower rates. Mr. Leatherman stated 40 percent of businesses have reported major impact of COVID-19. 38 percent have seen a minor impact. Morris-Leatherman followed up with the 78 percent for more information. The greatest impacts of COVID-19 included a decline in revenue and decrease in number of workers. The productivity of employees stayed the same, but there was a slight decrease in qualified workers. 61 percent of businesses in Eden Prairie changed the way they worked during the pandemic, and a majority of businesses believe they will return to how their businesses operated before the pandemic. Mr. Leatherman added the most serious issues faced by businesses were the lack of workers, lack of customers, and inflation, however those weren’t CITY COUNCIL MINUTES May 3, 2022 Page 5 incredibly widespread concerns. The major concerns are at a macroeconomic level including inflation, general economic conditions, cost of doing business, supply chain, business property taxes, and state and federal taxes. Case asked what percentage portion of the business property taxes are out of control of the City. Getschow stated Eden Prairie cannot impact 40 percent of the business property taxes. Mr. Leatherman stated there was a large increase in concern regarding availability of skilled workers. The issue is not training as much as the number of skilled workers. The concern is already impacted the businesses. Mr. Leatherman stated businesses are still showing an interest in partnerships with the local school district, and there is a large increase in businesses believing partnerships would have a positive impact on their businesses. Mr. Leatherman noted affordable childcare and affordable housing are most seriously impacting business’ ability to find qualified workers. Other considerations include variety of housing options, adequate amenities, and transportation options. Also, traffic congestion has decreased impact on businesses. Mr. Leatherman added most businesses have felt crime has remained consistent, as has their contact with City Hall. Within the next five years, few businesses plan to expand or relocate. There has been a decrease in view of value of City services. However, there is no change in satisfaction with the City’s decision-making process. Toomey thanked Mr. Leatherman for the presentation and agreed it is interesting to see the impact of COVID-19 on local businesses. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Toomey moved, seconded by Freiberg, to approve the agenda as published. Motion carried 4-0. VI. MINUTES E. COUNCIL WORKSHOP HELD TUESDAY, APRIL 19 , 2022 F. CITY COUNCIL MEETING HELD TUESDAY, APRIL 19, 2022 Toomey stated in the Council workshop minutes, a noted the minutes refer to a partnership with Prop Shop, but it is actually with PROP. PROP and Prop Shop are two different efforts; Prop Shop assists with clothing and necessities while PROP is a food shelf. CITY COUNCIL MINUTES May 3, 2022 Page 6 Toomey noted Rhondi Flagstad is an excellent volunteer with Prop Shop and will be overseeing a vintage and antique clothing sale during the upcoming weekend. MOTION: Nelson moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, April 19, 2022, and the City Council meeting held Tuesday, April 19, 2022, as amended. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR G. GTS HOUSING (BLUE STEM) by Greco Properties, LLC. Second Reading of Ordinance for Planned Unit Development District Review with waivers on 15.28 acres and Zoning Change from OFC to TOD-R on 5.78 acres and ORC to P/OS on 11.17 acres; Resolution for Site Plan Review on 15.28 acres (Ordinance No. 13-2022-PUD-7-2022 for PUD District Review waivers and Zoning Change, Resolution No. 2022-63 for Site Plan Review, Resolution No. 2022-64 for Development Agreement, Resolution No. 2022-65 for Park Dedication Fees) H. ADOPT MODIFICATION TO REDEVELOPMENT PLAN FOR PROJECT AREA NO. 5 ESTABLISHING TIF DISTRICT NO. 26: GTS HOUSING (BLUE STEM NORTH), AND ADOPT TIF PLAN (Resolution No. 2022-66) I. ADOPT RESOLUTION NO. 2022-67 APPROVING FINAL PLAT OF SCHULMAN ADDITION J. ADOPT RESOLUTION NO. 2022-68 APPROVING FINAL PLAT OF CROSSTOWN CIRCLE SECOND ADDITION K. APPROVE AGREEMENT WITH ODESSA II FOR NESBITT PARK ENHANCEMENTS AND SPLASH PAD L. APPROVE AGREEMENT WITH LANDSCAPE STRUCTURES FOR NESBITT SPLASH PAD EQUIPMENT AND INSTALLATION M. APPROVE AGREEMENT WITH HTPO FOR DESIGN AND CONSTRUCTION DOCUMENTS FOR VIKING DRIVE TRAIL N. AWARD CONTRACT TO TRAUT WELLS FOR CONSTRUCTION OF MUNICIPAL WELL NO. 17 O. APPROVE AGREEMENT WITH SRF CONSULTING GROUP, INC. CITY COUNCIL MINUTES May 3, 2022 Page 7 FOR RIVERVIEW ROAD GUARDRAIL IMPROVEMENT PROJECT P. AWARD CONTRACT FOR 2022 MUDJACKING TO NORTHSTAR MUDJACKING AND MORE Q. AWARD CONTRACT FOR 2022 PAVEMENT REHAB PROJECT TO VALLEY PAVING, INC. R. APPROVE AGREEMENT WITH BOLTON & MENK FOR FEASIBILITY AND FINAL DESIGN OF EDEN PRAIRIE ROAD WATERMAIN REPLACEMENT S. APPROVE PARTNERSHIP AGREEMENTS WITH CARVER COUNTY, INDEPENDENT SCHOOL DISTRICT NO. 272, AND HENNEPIN COUNTY REGARDING FIBER INFRASTRUCTURE MOTION: Toomey moved, seconded by Nelson, to approve Items A-M on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS / MEETINGS A. CAMP EDEN WOOD BUILDING IMPROVEMENTS CERTIFICATE OF APPROPRIATENESS by City of Eden Prairie. Certificate of Appropriateness. Getschow stated the City owns the property but leases it to True Friends, a non-profit organization who creates an environment where experiences and adventures are open to individuals of all abilities. The Glen Lake Children ’s Camp was listed on the National Register of Historic Places in 1999. Getschow explained True Friends is requesting approval of Certificate of Appropriateness (COA) to replace the siding, soffit and fascia, shingles and doors on the Birchwood Cabin at the Glen Lake Children’s Camp. At its April 18, 2022 meeting, the Heritage Preservation Commission (HPC) reviewed the Certificate of Appropriateness (COA) request and recommended the City Council approve the COA. The COA will approve the replacement of the siding, soffit and fascia, shingles and doors on the Birchwood Cabin. John LeBlanc, President and CEO of True Friends, showed an aerial image of the camp. He noted the exterior renovation of the Lion’s Den was completed in 2020. Mr. LeBlanc showed images of the current Birchwood Cabin. It is a non-contributing building built in the 1980s. Mr. LeBlanc showed images of the updates to the Lion’s Den. Case stated the change may seem minor, but it is one of two historic sites in Eden Prairie and one of only two in-tact original youth tuberculosis camps in CITY COUNCIL MINUTES May 3, 2022 Page 8 the United States. He noted his appreciation of John and True Friends’ efforts to preserve the look and history of the site. Nelson stated since there is approval from HPC and Staff, she agrees with the recommendation. There were no comments from the audience. MOTION: Toomey moved, seconded by Nelson, to close the public hearing, and to the Findings of Fact and Approve Certificate of Appropriateness 2022-01-001 for new siding, roofing, doors and soffit and fascia for the Birchwood Cabin at the Glen Lake Children’s Camp. Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Freiberg, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Nelson, Toomey and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Toomey moved, seconded by Freiberg, to adjourn the meeting. Motion carried 4-0. Mayor Case adjourned the meeting at 8:24 p.m. Respectfully submitted, ________________________ Nicole Tingley, City Clerk - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 17, 2022 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 Private Kennel Jeff Young & Joyce Maruniak 17199 Acorn Ridge Stan Jackson 11324 Entrevaux Drive New Liquor License – New Ownership Licensee name: Famous Craft Concepts, LLC (Formerly Fun Eats & Drinks, LLC) DBA: Champps 8010 Glen Lane Approval is contingent upon receiving approval by MN Department of Public Safety – Alcohol & Gambling Enforcement and Hennepin County Health, and all bills paid to current. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 17, 2022 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/Ben Schneider ITEM DESCRIPTION: Borucki Addition Development Agreement Amendment ITEM NO.: VIII.B. Requested Action Move to: Approve First Amendment to Development Agreement for Borucki Addition Synopsis The property owners at 6511 Rowland Road, zoned R1-13.5, are requesting an amendment to a development agreement to change the side yard setbacks on their lot in order to construct a single-family home. Compared to the usual R1-13.5 standards, the current Development Agreement sets a more restrictive setback on one side yard and a less restrictive setback on the other side yard. The property owners wish to construct a home that is compliant with City Code setbacks for the R1-13.5 zoning district. The applicants are also requesting to slightly modify a landscape plan in the existing agreement. Prior to applying for this amendment, the property owners received support of this request from their neighbors. Background John and Ann Marie Marshall, the applicants, recently purchased 6511 Rowland Road and wish to construct a single-family on the lot. The property is zoned R1-13.5 and is outlined in red to the right. This lot historically was a part of the adjacent parcel to the east until the lots were split in 1992 by a new plat known as the Borucki Addition. At the time of Council approval of the Borucki Addition plat, four nearby properties (highlighted in blue) expressed concerns related to screening. As a result, the Development Agreement for the Borucki Addition prescribed a 25-foot setback from the northwest property line, which is more restrictive than the usual R1-13.5 side yard setback standard (minimum 10 feet on one side; both sides must total at least 25 feet). Due to the more restrictive setback on the northwest property line, the Development Agreement set a 5-foot setback from the southeast side lot line. The applicants are applying for an amendment to the Development Agreement to revert the setbacks on the lot back to the typical R1-13.5 standard so they can build a home that is setback 10 feet from the southeast lot line and 15 feet from the northwest lot line. The aerials to the right depict how this would change the buildable area of the site. Note that the 30-foot front yard setback and 20-foot rear yard setback would remain the same. The amendment, if approved, would allow the property owner to build a home with setbacks that comply with City Code requirements for the R1-13.5 zoning district. The applicants are also requesting to modify a landscape buffer plan that is in the current agreement. The updated landscape plan would better reflect existing conditions and includes 12 evergreen trees that would be planted along the northwest property line. The four properties that previously had concerned residents in the early 1990’s all have new property owners. The applicants reached out and successfully received the support of each property for this amendment request, which is documented via emails sent to the applicants and forwarded to staff. Additionally, staff sent courtesy letters to these four properties and the adjacent property to the southeast notifying them of this agenda item. Staff has not received any comments from these courtesy letters to date. Attachments 1. First Amendment to the Development Agreement 2. Updated Landscape Plan dated 4/11/2022 3. Certificate of Survey dated 1/14/2022 Buildable Area with Existing Setbacks Buildable Area with Proposed Setbacks 25 ft 5 ft 30 ft 15 ft 10 ft 30 ft 1 BORUCKI ADDITION FIRST AMENDMENT TO DEVELOPMENT AGREEMENT RELATING TO LOT 1, BLOCK 1, BORUCKI ADDITION THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT RELATING TO LOT 1, BLOCK 1, BORUCKI ADDITION (“First Amendment”) is entered into as of May 17, 2022, by John Marshall and Ann Marie Marshall, husband and wife, hereinafter collectively referred to as “Developer,” their successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as “City”: WITNESSETH: WHEREAS, Developer is the fee owner of real property located in Hennepin County, Minnesota, legally described on Exhibit A attached hereto (the “Property”); WHEREAS, Developer’s predecessor-in-interest and City entered into that certain Development Agreement dated December 8, 1992, pertaining to the Property, a copy of which is attached hereto as Exhibit D (“Original Development Agreement”); and WHEREAS, Developer has applied to the City for an amendment to the Original Development Agreement to modify the landscaping and side yard setback requirements. NOW, THEREFORE, the Developer and the City agree to the amendment of the Original Development Agreement as follows: 1.Paragraph 1 of the Original Development Agreement is deleted in its entirety and replaced with the following: 1.PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on May 17, 2022, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein (the “Exhibit B Plans”). 2.Paragraph 3 of the Original Development Agreement is deleted in its entirety. 2 3.Paragraph 4 of the Original Development Agreement is deleted in its entirety and replaced with the following: 4.SECURITY FOR LANDSCAPING: Prior to building permit issuance,Developer shall submit to the City Planner and receive the City Planner’swritten approval of an executed Landscape Agreement for the Property, which must be consistent with the Exhibit B Landscape Plan. Prior to building permit issuance, Developer must also submit to the CityPlanner and receive the City Planner’s written approval of a security in theform of a cash escrow or letter of credit equal to 150% of the cost of planting the proposed trees on the Exhibit B Plans (the “Landscape Security”). The installation must conform to the approved landscape plan including butnot limited to the size, species, and location as depicted on the Exhibit BPlans. Any changes proposed to the landscape plan or landscaping installedon the Property, including but not limited to removal and relocation, must be reviewed and approved by the City Planner prior to implementing suchchanges. Developer must complete implementation of the approvedlandscape plan as depicted on the Exhibit B Plans and in accordance withthe terms and conditions of Exhibit C of this Agreement. The LandscapeSecurity will be released in accordance with the terms of the landscape agreement. 4.Paragraph 5 of the Original Development Agreement is deleted in its entirety andreplaced with the following: 5.BUILDING CONSTRUCTION: The building setbacks for the Propertyshall conform with the setback requirements of the R1-13.5 zoning districtat the time of building permit issuance. 5.Exhibits A and B to the Original Development Agreement are deleted in their entirety and replaced with Exhibits A and B attached to this First Amendment. 6.ORIGINAL DEVELOPMENT AGREEMENT: Except as modified or amended by thisFirst Amendment, the Original Development Agreement remains in full force and effect. 3 IN WITNESS WHEREOF, the parties to this First Amendment have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By___________________________ Kathy NelsonIts Acting Mayor By____________________________ Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of _______, 2022, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. _______________________ Notary Public 4 DEVELOPER: John and Ann Marie Marshall, husband and wife _______________________________ John Marshall _______________________________ Ann Marie Marshall STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ___ day of ______, 2022, by John Marshall and Ann Marie Marshall, husband and wife. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 5 EXHIBIT A TO FIRST AMENDMENT DEVELOPMENT AGREEMENT AMENDMENT– Borucki Addition Legal Description Lot 1, Block 1, Borucki Addition, Hennepin County, Minnesota (previously a portion of Lot 5, Block 2, Carmel Addition) 6 EXHIBIT B TO FIRST AMENDMENT DEVELOPMENT AGREEMENT AMENDMENT– Borucki Addition Landscape Plan dated April 11, 2022 by James R. Hill, Inc. Certificate of Survey dated April 11, 2022 by James R Hill, Inc. 7 EXHIBIT D TO FIRST AMENDMENT DEVELOPMENT AGREEMENT AMENDMENT– Borucki Addition Original Development Agreement Denotes set spikeDenotes set iron monumentDenotes found iron monument1.Subject property's address is 6511 Rowland Road, Eden Prairie, itsproperty identification number is 0211622130060.2.The bearing system is based on the northwesterly line of Lot 1, Block 1,BORUCKI ADDITION which is assumed to bear North 63 degrees 46minutes 10 seconds East.3.Field work was completed 1/10/2022.4.The building(s) and exterior dimensions of the outside wall at groundlevel are shown on the survey. It may not be the foundation wall.5.No specific title search for existence or non-existence of recorded orun-recorded easements has been conducted by the surveyor as a part ofthis survey. Only easements per the recorded plat are shown.6.The gross area of the subject property is 0.311 Acres or 13,548 squarefeet.NOTESLot 1, Block 1, BORUCKI ADDITION, Hennepin County, Minnesota.PROPERTY DESCRIPTIONI hereby certify that this survey, plan or report was prepared by me or undermy direct supervision and that I am a duly Licensed Land Surveyor under thelaws of the State of Minnesota. That this survey does not purport to show allimprovements, easements or encroachments, to the property except asshown thereon.Signed this 11th day of April, 2022Marcus F. Hampton MN L.S. No. 47481SURVEYOR'S CERTIFICATE6511 ROWLAND ROAD EDEN PRAIRIE MINNESOTA PROPOSED LANDSCAPING PLAN FOR STONE COTTAGE HOMES  WEST C.R.  S8ITE 1 B8RNSVILLE MN 556 PHONE 5..6 ZZZ.MUKLQF.FRP PLANNERS  ENGINEERS  S8RVEYORSDRAWN BYDATEREVISIONSPLM11CAD FILE61H[.GZJPROJECT NO.61FILE NO.1SHEET 1 OF 1James R. Hill, Inc. Lot= 13,548 sq. ft.House/Garage= 2,685 sq. ft.Front Porch= 66 sq. ft.Rear Porch= 232 sq. ft.Driveway= 958 sq. ft.Total Impervious= 3,941 sq. ft. or 29.1% of lotHARD COVER CALCULATIONSProposedGarage Floor @ Front= 950.1Garage Top of Block= 950.5House Top of Block= 952.0Lowest Floor= 943.3Top of Block at Lookout Window= 946.5FLOOR ELEVATIONSDenotes set spikeDenotes set iron monumentDenotes found iron monumentDenotes proposed drainageDenotes existing elevationDenotes proposed elevationDenotes existing contoursDenotes proposed contours1.Subject property's address is 6511 Rowland Road, Eden Prairie, itsproperty identification number is 0211622130060.2.The bearing system is based on the northwesterly line of Lot 1, Block 1,BORUCKI ADDITION which is assumed to bear North 63 degrees 46minutes 10 seconds East.3.Field work was completed 1/10/2022.4.The building(s) and exterior dimensions of the outside wall at groundlevel are shown on the survey. It may not be the foundation wall.5.No specific title search for existence or non-existence of recorded orun-recorded easements has been conducted by the surveyor as a part ofthis survey. Only easements per the recorded plat are shown.6.The gross area of the subject property is 0.311 Acres or 13,548 squarefeet.NOTESLot 1, Block 1, BORUCKI ADDITION, Hennepin County, Minnesota.PROPERTY DESCRIPTIONI hereby certify that this survey, plan or report was prepared by me or undermy direct supervision and that I am a duly Licensed Land Surveyor under thelaws of the State of Minnesota. That this survey does not purport to show allimprovements, easements or encroachments, to the property except asshown thereon.Signed this 30th day of March, 2022Marcus F. Hampton MN L.S. No. 47481SURVEYOR'S CERTIFICATEBENCHMARK6511 ROWLAND ROAD EDEN PRAIRIE MINNESOTA CERTIFICATE OF SURVEY FOR STONE COTTAGE HOMES  WEST C.R.  S8ITE 1 B8RNSVILLE MN 556 PHONE 5..6 ZZZ.MUKLQF.FRP PLANNERS  ENGINEERS  S8RVEYORSDRAWN BYDATEREVISIONSPLM11A.  HRXVH SODQCAD FILE61H[.GZJPROJECT NO.61FILE NO.1SHEET 1 OF 1James R. Hill, Inc.Top nut of hydrant located at most westerly corner of Lot 1, Block 1,BORUCKI ADDITION. Elevation = 949.68*DROP GARAGE TOP OF BLOCK 1.5'*A. 11 HRXVH SODQ CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 17, 2022 DEPARTMENT/DIVISION: Jason Goblirsch, Parks Construction Supervisor, Parks and Recreation ITEM DESCRIPTION: Award 2022 contract for Crestwood Park & Red Rock Lake Park Hard Court Rehabilitation Projects to DMJ Asphalt Inc. ITEM NO.: VIII.C. Motion Move to: Award contract for the 2022 rehabilitation of the Crestwood Park & Red Rock Lake Park hardcourt surfaces to DMJ Asphalt Inc. in the amount of $161,455.50. Synopsis Crestwood Park hardcourts were resurfaced in 2012 and Red Rock Lake Park hardcourt was resurfaced in 2014. These courts are aging and have significant structural cracking and surface flaking. The courts are becoming unlevel and unsafe to play. Resurfacing the existing courts is no longer cost effective as the cracks are too many and too large to fill and the surface has pitted out significantly. The best option is to rehabilitate these courts. To tear out existing bituminous, regrade, compact, repave, and recolor coat. Background The scope of this project is to tear out existing, bituminous, regrade, compact, repave, install new tennis nets, install new basketball hoops, and install new chain-link fabric. Clean and wash surface as required, fill all cracks with acrylic patch binder, patch, as needed for proper drainage. Apply a 2-coat color system using acrylic resurfacing with filler and acrylic Color with filler. The courts will be lined for 2 USTA tennis court and 1 basketball court. The staff estimate and budget for this project was $150,00.00. The funding for this rehabilitation project comes from the Capital Improvement Program, Capital Maintenance and Reinvestment funding under the Parks and Recreation Department. Bid Summary and Recommendation The summary of the bids submitted is as follows: 2022 Hard Courts DMJ Asphalt Inc. $161,455.50 Minnesota Roadways $217,783.00 Bituminous Roadways $226,176.00 Attachment Form of Contract 2017 06 01 Agreement for Contract Services This Agreement (“Agreement”) is made on the 17th day of May, 2022, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and DMJ Asphalt Inc., a Minnesota Corporation (hereinafter "Contractor") whose business address is 2392 Pioneer Trail Medina, MN 55340. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for the 2022 rehabilitation of the Crestwood Park & Red Rock Lake Park hardcourt surfaces hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of May 17th, 2022. [The Agreement shall continue for one (1) year thereafter, and automatically renew from year to year after expiration of said one year period except that this Agreement may be terminated at the end of any one (1) year period with sixty (60) days prior written notice from either party.] OR [The Work shall be completed by August 31st, 2022. ] 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 10 e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor [a fixed sum of $161,455.50] as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 10 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile 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- Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 10 completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. 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 Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 10 page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 10 loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 10 resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 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. Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 10 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 10 consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 10 those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: _______________________________ CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 17, 2022 DEPARTMENT/DIVISION: Jason Goblirsch, Parks Construction Supervisor, Parks and Recreation ITEM DESCRIPTION: Award 2022 contract for Eden Valley, Rustic Hills, Homeward Hills, and Riley Lake Parks Hard Court Resurfacing Projects to The Tennis Court Doctor. ITEM NO.: VIII.D. Motion Move to: Award contract for the 2022 resurfacing of the Eden Valley, Rustic Hills, Homeward Hills, and Riley Lake Parks hardcourt surfaces to The Tennis Court Doctor in the amount of $73,016.00. Synopsis Eden Valley hardcourts were resurfaced in 2010, Rustic Hills hardcourts were rehabilitated in 2007, Homeward Hills hardcourts were resurfaced in 2017, and Riley Lake hardcourts were rehabilitated in 2013. The bituminous at these courts are mostly in good repair and safe to play, but have some structural cracking, pitting, and surface flaking. The best option is to clean and wash the surface, fill the cracks and apply new acrylic resurfacing to extend the life span of these courts. Background Clean and wash surface as required, fill all cracks with acrylic patch binder, patch, as needed for proper drainage. Apply a 2-coat color system using acrylic resurfacing with filler and acrylic Color with filler. The courts will be lined for 6 USTA tennis courts and 4 basketball courts, and 6 pickleball courts. The staff estimate and budget for this project was $50,00.00. The funding for this rehabilitation project comes from the Capital Improvement Program, Capital Maintenance and Reinvestment funding under the Parks and Recreation Department. Bid Summary and Recommendation The summary of the bids submitted is as follows: 2022 Hard Courts The Tennis Doctor $73,016.00 Tennis West $88,920.00 Attachment Form of Contract 2017 06 01 Agreement for Contract Services This Agreement (“Agreement”) is made on the 17th day of May, 2022, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and The Tennis Court Doctor, a Minnesota corporation (hereinafter "Contractor") whose business address is 1600 18th Ave NE, #18458, Minneapolis MN, 55418. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for the 2022 resurfacing of the Eden Valley, Rustic Hills, Homeward Hills, and Riley Lake Parks hardcourt surfaces hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of May 17th, 2022. [The Agreement shall continue for one (1) year thereafter, and automatically renew from year to year after expiration of said one year period except that this Agreement may be terminated at the end of any one (1) year period with sixty (60) days prior written notice from either party.] OR [The Work shall be completed by August 31st, 2022. ] 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 10 e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor [a fixed sum of $73,016.00] as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 10 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile 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- Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 10 completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. 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 Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 10 page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 10 loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 10 resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 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. Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 10 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 10 consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 10 those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: _______________________________ CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 17, 2022 DEPARTMENT/DIVISION: Jason Goblirsch, Parks Construction Supervisor, Parks and Recreation ITEM DESCRIPTION: Award contract for Staring Lower Parking Lot Retaining Wall Reconstruction to Odessa II. ITEM NO.: VIII.E. Motion Move to: Award contract for the replacement of the Staring Lower Parking Lot Retaining Wall at Staring Parks lower parking lot at 14695 Staring Lake Parkway, to Odessa II in the amount of $69,420.00. Synopsis This retaining wall has numerous timbers that are rotting, damaged, or missing. The wall has rotated beyond the vertical plane and is now structurally compromised. The best option is to remove the existing timber wall and install a new retaining wall using higher quality material. The Staring Lower parking lot is also contracted for replacement this year (2022) and the wall should be replaced before the new lot is paved. Background The scope of this project is to tear out the existing retaining wall and build a new retaining wall using a MNDOT approved big block wall system. Additionally, the area behind the wall will be regraded and have new edging installed to create a buffer for mowing and to protect the drainage system for the new wall. The staff estimate and budget for this project was $112,040.00. The funding for this rehabilitation project comes from the Capital Improvement Program, Capital Maintenance and Reinvestment funding under the Parks and Recreation Department. Bid Summary and Recommendation The summary of the bids submitted is as follows: 2022 Parking Lots Odessa II $69,420.00 Blackstone Contractors, LLC. $101,610.00 Attachment Form of Contract 2017 06 01 Agreement for Contract Services This Agreement (“Agreement”) is made on the 17th day of May, 2022, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Odessa II, a Minnesota company (hereinafter "Contractor") whose business address is 9003 Mayhew Lake Rd NE, Sauk Rapids, MN 56379 Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for the removal of the existing timber retaining wall and the construction of a new big block retaining wall at the Starting Lake lower parking lot hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of May 17th, 2022. [The Agreement shall continue for one (1) year thereafter, and automatically renew from year to year after expiration of said one year period except that this Agreement may be terminated at the end of any one (1) year period with sixty (60) days prior written notice from either party.] OR [The Work shall be completed by September 30th, 2022. ] 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 10 e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor [a fixed sum of $69,420.00] as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 10 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile 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- Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 10 completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. 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 Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 10 page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 10 loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non- performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 10 resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 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. Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 10 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 10 consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 10 those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: _______________________________ CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 17, 2022 DEPARTMENT/DIVISION: Lauren Stufft, Forestry & Natural Resources Supervisor, Parks and Recreation ITEM DESCRIPTION: Grant Agreement Authorization with the Minnesota Department of Natural Resources for Emerald Ash Borer (EAB) Protecting Community Forests Grant ITEM NO.: VIII.F. Requested Action Move to: Authorize Park and Recreation Director Jay Lotthammer to sign the Grant Agreement with Minnesota Department of Natural Resources for the Emerald Ash Borer (EAB) Protecting Community Forests Grant. Synopsis The City of Eden Prairie was recently awarded an Emerald Ash Borer Protecting Community Forests Grant through Minnesota DNR in the amount of $116,987.32. The grant is intended to help applicants expand their forestry initiatives in areas including; combat threats to trees from invasive insects and disease by funding tree planting, treat ash trees to prevent death from emerald ash borer, educate the public on tree care and the importance of trees, and increase the diversity and resiliency of the tree canopy. Staff submitted a grant application to help fund many of our EAB management plan activities. Minnesota Department of Natural Resources utilizes an electronic signing service for their grant agreements and so the City Council must authorize staff to sign and enter into the agreement. Attachment Emerald Ash Borer (EAB) Protecting Community Forests Grant Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 1 STATE OF MINNESOTA GRANT CONTRACT AGREEMENT This grant contract agreement is between the State of Minnesota, acting through its Department of Natural Resources, Division of Forestry, 500 Lafayette Road, St. Paul, MN 55155 ("STATE") and City of Eden Prairie, 8080 Mitchell Rd, Eden Prairie, MN 55344 ("GRANTEE"). Recitals 1. Under Minn. Stat. §84.026, §84.085, Subd. 1, and 2021 Minnesota Session Laws, 1st Special Session, Chapter 6, Article 5, Sec. 2, Subd. 6 (b) the State is empowered to enter into this grant contract agreement. 2. The State is in need of Urban and Community Forestry Services for the Protect Community Forests project. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract agreement to the satisfaction of the State. Pursuant to Minn.Stat.§16B.98, Subd.1, the Grantee agrees to minimize administrative costs as a condition of this grant contract agreement. Grant Contract Agreement 1 Term of Grant Contract Agreement 1.1 Effective date: April 15, 2022, Per Minn. Stat.§16B.98, Subd. 5, the Grantee must not begin work until this grant contract agreement is fully executed and the State's Authorized Representative has notified the Grantee that work may commence. Per Minn.Stat.§16B.98 Subd. 7, no payments will be made to the Grantee until this grant contract agreement is fully executed. 1.2 Expiration date: June 30, 2025, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract agreement: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15 Data Disclosure. 2 Grantee’s Duties The Grantee, who is not a state employee, will: Comply with required grants management policies and procedures set forth through Minn.Stat.§16B.97, Subd. 4 (a) (1). Perform the duties specified in Exhibit A, Exhibit B, and Exhibit C, which are incorporated and made a part of this agreement. Comply with Environment and Natural Resources Trust Fund (ENRTF) terms and conditions as indicated in the approved 2020-054 Workplan, which is incorporated and made part of this agreement by reference. 3 Time The Grantee must comply with all the time requirements described in this grant contract agreement. In the performance of this grant contract agreement, time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract agreement as follows: DocuSign Envelope ID: 56C774C5-121C-404A-A97C-4E97FA122182 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 2 (a) Compensation The Grantee will be paid in an amount not to exceed $116,987.32 on a reimbursement basis for qualifying purchases. The Grantee shall submit payment requests with required expenditure documentation. According to the breakdown of costs contained in Exhibit B, which is attached and incorporated into this grant contract, the Grantee certifies that a minimum 0% matching requirement for the grant will be met by the City Of Eden Prairie. The total project cost is $142,876.02. Grantee agrees to match at least $25,888.70 of this project cost. (b) Travel Expenses Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract agreement will not exceed $0.00; provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner’s Plan” promulgated by the Commissioner of Minnesota Management and Budget (MMB). The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State’s prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (c) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract agreement will not exceed $116,987.32. 4.2 Payment (a) Invoices The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: 1. December 15, 2022 2. June 15, 2023 3. December 15, 2023 4. June 15, 2024 5. December 15, 2024 6. June 30, 2025 The State shall disburse funds to the Grantee pursuant to this agreement on a reimbursement basis. The Grantee shall submit payment requests with required expenditure documentation. All project work must be completed and the final request for reimbursement (along with final reports) must be submitted by June 30, 2025. (b) Unexpended Funds The Grantee must promptly return to the State any unexpended funds that have not been accounted for annually in a financial report to the State due at grant closeout. 4.3 Contracting and Bidding Requirements Per Minn. Stat. §471.345, grantees that are municipalities as defined in Subd. 1 must follow the law. (a) For projects that include construction work of $25,000 or more, prevailing wage rules apply per Minn. Stat. §§177.41 through 177.44. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole. (b) The grantee must not contract with vendors who are suspended or debarred in MN: http://www.mmd.admin.state.mn.us/debarredreport.asp DocuSign Envelope ID: 56C774C5-121C-404A-A97C-4E97FA122182 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 3 5 Conditions of Payment All services provided by the Grantee under this grant contract agreement must be performed to the State’s satisfaction, as determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Emma Schultz, Community Forest Project Specialist, 500 Lafayette Rd., St. Paul, MN 55155, 651-259-5274, emma.schultz@state.mn.us, or his/her successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services provided under this grant contract agreement. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee’s Authorized Representative is Lauren Stufft, Forestry & Natural Resources Supervisor, 15150 Technology Drive, Eden Prairie, MN, 55344, 952-949-8463, lstufft@edenprairie.org. If the Grantee’s Authorized Representative changes at any time during this grant contract agreement, the Grantee must immediately notify the State. 7 Assignment Amendments, Waiver, and Grant Contract Agreement Complete 7.1 Assignment The Grantee shall neither assign nor transfer any rights or obligations under this grant contract agreement without the prior written consent of the State, approved by the same parties who executed and approved this grant contract agreement, or their successors in office. 7.2 Amendments Any amendments to this grant contract agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver If the State fails to enforce any provision of this grant contract agreement, that failure does not waive the provision or the State’s right to enforce it. 7.4 Grant Contract Agreement Complete This grant contract agreement contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this grant contract agreement by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract agreement. 9 State Audits Under Minn. Stat. § 16B.98, Subd.8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant contract agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. DocuSign Envelope ID: 56C774C5-121C-404A-A97C-4E97FA122182 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 4 10 Government Data Practices and Intellectual Property Rights 10.1 Government Data Practices The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract agreement. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee’s response to the request shall comply with applicable law 10.2 Intellectual Property Rights The State owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this contract. If intellectual property rights are identified, the grantee must contact the DNR immediately. 11 Workers Compensation The Grantee certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity Any publicity regarding the subject matter of this grant contract agreement must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. All projects primarily funded by state grant appropriations must publicly credit the State of Minnesota, including on the grantee’s website when practicable. 12.2 Endorsement The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract agreement. Venue for all legal proceedings out of this grant contract agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State The State may immediately terminate this grant contract agreement with or without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination for Cause The State may immediately terminate this grant contract agreement if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. DocuSign Envelope ID: 56C774C5-121C-404A-A97C-4E97FA122182 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 5 14.3 Termination for Insufficient Funding The State may immediately terminate this grant contract agreement if: (a) It does not obtain funding from the Minnesota Legislature (b) Or, if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the grant contract agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State’s receiving that notice. 14.4 Additional Alternate Termination Language Additional alternate termination language may be negotiated on a case-by-case basis after the state agency has consulted with their legal and finance teams. 15 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. DocuSign Envelope ID: 56C774C5-121C-404A-A97C-4E97FA122182 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 6 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. § 16A.15 Signed: Date: April 1, 2022 SWIFT Contract/PO No(s). 210160 / 3-206607 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: 3. STATE AGENCY By: (with delegated authority) Title: Date: Distribution: Agency Grantee State’s Authorized Representative DocuSign Envelope ID: 56C774C5-121C-404A-A97C-4E97FA122182 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 7 Exhibit A: Grant Project Deliverables 2022 Protect Community Forests City of Eden Prairie Deliverables Grant Sum Total: $116,987.32 Grant Contact Deliverables • Adopting an EAB management plan through this grant process if the community does not yet have one in place • Each ash tree removed must be replaced with a newly planted tree • Grantee must be willing to participate in work by the Minnesota Department of Agriculture and University of Minnesota to evaluate project impacts Regardless of requests for reimbursement, a written update must be submitted by each reporting deadline, to insure project is moving forward and on track to completion. Add written reports below corresponding to each reporting date: December 15, 2022 Update: June 15, 2023 Update: December 15, 2023 Update: June 15, 2024 Update: December 15, 2024 Update: June 30, 2025 Update: As work is completed, thoroughly address all applicable bullet points below. Add in the date of reporting (i.e. 12/15/22) and change the font color of your update to red, to show where information has been added. Continually add to this document over the lifetime of your grant, making sure that all bullet points are addressed by the time of the grant’s completion. Work with DNR to fully execute and report on the impacts of the work plan by meeting the requirements as submitted in the City of Eden Prairie’s application: Project Overview and Need The City of Eden Prairie has had an extensive EAB monitoring program since 2017. In recent years, we have experienced an exponential spike in infestations, which can be seen on the MDA's EAB Distribution Map. Infestations are located in all areas of the city, including locations shown on the MPCA's environmental justice map. This grant would allow us to remove infested trees, replant, and treat trees in these areas and other affected locations in the city. • We propose removing 100 infested ash trees near trails or parks that are a significant hazard to park and trail users. These trees are within the area's denoted by the MPCA as 50% or more people of color and at least 40% of people reporting income less than 185% of the federal poverty level. • A total of 300 trees will be planted throughout the city, 100 of which will specifically be planted in these high priority areas as identified by the MPCA. Planted trees would be 1.25" caliper or #10-20 containers. These trees would meet ANSI Z60.1 standards. We would select trees by consulting our species list, attached to this application, keeping in mind our commitment to not plant more than 10% of any genus. We would also avoid planting trees with high existing populations. Existing city crews are well-trained and well-equipped to handle a large volume tree removal project, and would remove ash trees, stump grind, and replant as a part of this project. We have 16 full time parks maintenance staff, a Forestry Supervisor, and a Forestry Specialist who would be involved in this project. • A total of 1,112 trees would be treated in this project, 76 of which are located within high priority areas as identified by the MPCA. Without this funding, the number of trees we are able to treat may not meet our needs as our infestation spreads and more of our focus shifts towards funding the removal of DocuSign Envelope ID: 56C774C5-121C-404A-A97C-4E97FA122182 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 8 infested trees that have become hazardous. Additionally, we may not be able to replace trees that are removed without this funding. Project Timeline • May 31, 2022 - Contract is Executed • June 30, 2022 - Contractor will complete the treatment of 408 trees throughout Eden Prairie. • July 31, 2022 - Eden Prairie will purchase equipment necessary for tree planting and tree removal project. • December 1, 2022, - February 15, 2023 - City employees will remove 50 infested ash trees that pose a safety hazard to park and trail users located within the MPCA's areas of high priority. • May 31, 2023 - 50 trees will be planted to replace the trees that are removed within the MPCA's areas of high priority. An additional 100 trees will be planted in other areas of the city. The 3 year maintenance period will begin immediately after planting. • June 30, 2023 - Contractor will complete the treatment of 317 ash trees throughout Eden Prairie. • December 1, 2023 - February 15, 2024 - City employees will remove 50 infested ash trees that pose a safety hazard to park and trial users located within the MPCA's areas of high priority • May 31, 2024 - 50 trees will be planted to replace the trees that are removed within the MPCA's areas of high priority. An additional 100 trees will be planted in other areas of the city. The 3 year maintenance period will begin immediately after planting. • June 30, 2024 - Contractor will complete the treatment of 387 ash trees throughout Eden Prairie. 76 of these trees are located within high priority areas as indicated by the MPCA. • July 31, 2024 - All work under this Contract would be complete and grant would be ready to be closed out. Project Budget Explanation The following summarizes items listed in the attached budget form: • The 2022 and 2023 treatment pricing is accurate as we already have a by-inch treatment price from Rainbow Treecare for these years. The number of trees to be treated is not specified in the contract, so this grant would allow us to treat more trees. The budget has included a 7-10% increase in pricing for treatment in 2024. • All proposed internal work will be done by employees currently employed by the City of Eden Prairie. This is shown in the budget as an in-kind contribution from the city. Personnel hourly expenses includes hourly rates plus fringe benefits for employees. These numbers are also accurate for 2022. • Pricing for 300 trees comes from an average between prices for bare root and containerized trees from 5 nurseries used in 2022. These nurseries include Schichtel Nursery, NY, Cross Nursery, NY, Bachman’s Nursery, MN, Gertens Nursery, MN, and Hoffman and McNamara Nursery, MN. • All replanting will be completed internally. • All equipment and materials pricing is quoted pricing, including our wholesale or government discounts and that pricing is all valid for 2022. Planting supplies will be used to stake trees (Plantra Fiberglass Stake & Stretch Locks) and protect trees from critter damage (Corrugated tree guards). • The Bobcat 36" Auger and Drive Unit is to replace our current auger, which is broken and not replaceable with parts. The SENA Integrated Communication system are 4 Bluetooth headsets and microphones specifically designed for arborists so that our crew members can be in contact with each other to safely perform tree removals, especially when an arborist is working aloft. Project Impacts on Priority Landscapes and Populations • This project will serve those in area of environmental justice concern as tree removal, tree planting, and tree treatment will all occur in areas indicated as high priority according to the MPCA's Environmental Justice Map. Tree removal, treatment, and replacement will occur in parks located in these areas, such as Nesbitt Park and Eden Lake Park, and along trails located in these areas. DocuSign Envelope ID: 56C774C5-121C-404A-A97C-4E97FA122182 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 9 • Additionally, Eden Prairie has multifamily properties that are exclusively for low-income families. They are; Prairie Meadows, Briar Hill, Trail Pointe Ridge, and Edenvale. Prairie Meadows is located within the MPCA's high priority areas. Trees would be treated near all of these low-income multifamily properties. Trees would be removed and replanted in both parks (Nesbitt and Eden lake) which serve as the neighborhood parks for Prairie Meadows. These communities and residents would benefit from grant-funded work. • Outreach will be offered to diverse communities by including translation on the treatment mailer that will be sent to every property in Eden Prairie. This mailer will include a section written in Somali that allows the reader to contact a city translator to have the mailer translated. Communication • Signage will be created and posted at trail locations and parks with infested trees and replanting. These signs will direct park traffic to our EAB web page for more information about EAB removal, prevention, and treatment strategies. The web page will be updated with information about the Protect Community Forest Grants, acknowledging the work we are able to accomplish because of the grant and leading web users to our emerald ash borer management information, including strategies and information about managing ash trees on private property. • Much of the same information will be presented to the Parks, Recreation, and Natural Resources Commission at one of their monthly meetings. Project details and EAB information will also be shared through the city’s communication network, including website, newsletter, e-News and social media. • We will also require that our ash treatment contractor reach out to all properties in Eden Prairie with a flier to inform them of the benefits to treating ash trees on private property. This mailer will have the Eden Prairie logo and be reviewed by our communications team. We will require the contractor to mail this flier every year during spring in order to best reach people at the most effective time of year. On the flier, there will be a section written in Somali that will give Somali speaking people the opportunity to call the city translator to have the flier translated. Key Personnel • The Project Coordinator for this project will be the city's Forestry & Natural Resources Supervisor, Lauren Stufft. Lauren is an ISA Certified Arborist (MN-4590A) and a certified Minnesota Tree Inspector (20104287). Lauren has a B.S. in Forestry & Natural Resource Management from the University of Minnesota, specializing in Urban Forestry. Lauren will be responsible for overseeing the grant including administering and overseeing contractors, purchasing nursery stock, overseeing internal staff performing work such as planting, tree removals, and stump removals, and will also be responsible for ensuring that the grant follows the project timeline. Lauren has performed this work and grant tracking in the past, including the DNR's Shade Tree Bonding Grant and the Hennepin County Healthy Trees grant. • Internal staff will be utilized to perform tree removals under this project and will also be required to follow ANSI Z133 and ANSI A300 standards. Internal staff undergo annual chainsaw safety, jobsite safety, and PPE requirements training. These staff members are provided annual safety trainings and also attend continuing education events such as the Shade Tree Short Course. Tree Planting Grant funds will not fund the purchase of trees that are over-represented in your community. Any genera that comprise 10% or more of the community forest make-up will not be funded. Numbers derived from the Minnesota Department of Natural Resources 2010 Rapid Assessment will be used unless an updated inventory is provided. For Eden Prairie this means grant funds cannot be spent on purchasing: • Picea (spruce): 25.6% • Fraxinus (ash): 14.1% • Acer (maple): 13.7% • Malus (apple): 11.0% DocuSign Envelope ID: 56C774C5-121C-404A-A97C-4E97FA122182 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 10 All trees planted with grant funds are expected to be maintained based on the City of Eden Prairie’s Three Year Tree Maintenance Plan submitted as Exhibit C. Trees that do not survive will need to be replaced prior to grant close-out utilizing the warranty the city has with the nursery that stock was purchased from, or at the expense of the City of Eden Prairie. Requesting Reimbursement Accomplishment reports and maps of completed work will be submitted with all requests for reimbursement. • Partial payment form along with invoices and proof of payment for grant-funded purchases, Cash Match form along with proof of payment, and In-Kind Match form • Partial payments may be submitted as needed and must include all up-to-date required documents and accomplishment reports, including a relevant certification and/or declaration • Accomplishment reports will include grant contract deliverables and their impacts • Photo documentation of the project’s progress at appropriate phases, and illustrations, diagrams, charts, graphs, and maps to show results • Maps will: o Identify the location of ash that have been removed o Identify the location of ash stumps that have been ground o Identify the location and species of trees that have been planted o Identify the location of ash trees that have been treated • All trees removed, treated, and planted will be mapped and submitted as shapefiles, with the planted trees identified by species and size, to obtain grand fund reimbursement. If your community does not have access to shapefile-generating software, please notify your DNR Urban and Community Forestry Team Member, and they will work to assist you. Following the submission of invoices and accomplishment reports, a compliance check will be conducted by Minnesota Department of Natural Resources staff. Staff will do a site evaluation ensuring that tree species submitted on maps are correctly identified and planted in accordance with the standards set in the Minnesota Department of Natural Resources Pocket Guide to Planting Trees. Staff will also ensure that the project adheres to the 20-10-5 guideline which means that following planting, a community has no more than 20% of their trees within a single family, no more than 10% of their trees within a single genus, and no more than 5% of their trees within a single species. Staff will confirm that planted tree stock is ¾”-2” caliper bareroot or a container class size #20 or smaller. Ineligible Project Expenses Ineligible project expenses include, but are not limited to: • Costs incurred prior to the start date on the fully executed grant agreement • Staff time for local government unit employees • Purchase of trees listed on the Minnesota Invasive Terrestrial Plants list, including Amur cork tree, Amur maple, autumn olive, black locust, buckthorn, Norway maple, Russian olive, Siberian elm, and tree of heaven • Purchase of balled and burlapped trees, containerized trees larger than #20, and bareroot trees greater than 2” caliper diameter • Purchase of tree species that already make up 10% or more of the community’s public trees, or whose family makes up 20% or more of the public trees • Purchase of plants such as shrubs, living ground covers, sod, grass seed, and flowers • Purchase of land or easements • Major soil and grade changes or construction • Equipment purchases equal to or exceeding $5,000 • Purchase of meals or snacks for volunteers • Experimental practices not approved by DNR DocuSign Envelope ID: 56C774C5-121C-404A-A97C-4E97FA122182 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 11 Acknowledgments Environment and Natural Resources Trust Fund (ENRTF) • Since the citizens of Minnesota created this funding source, it is critical to the transparency of the fund that they are aware of how the funds are used. Acknowledgement of the ENRTF should be included in all project communications and outreach – including press releases, media interactions, signs, publications, event advertisements & invitations, websites, newsletters, printed materials, presentations, and social media. • Acknowledgement can be made through use of the ENRTF logo. Contact the UCF Team to obtain the ENRTF logo. Projects are encouraged to display it within their efforts whenever possible and appropriate. It is available in color, black and white, or grayscale in a variety of file formats (.ai, .eps, .png, .jpg, .gif). • Acknowledgement can be made by tagging ENRTF on Facebook (Minnesota Environment and Natural Resources Trust Fund) and mentioned on Twitter (@mnenrtf) when the City of Eden Prairie posts about a project that has been supported by ENRTF. Not only will this fulfill the acknowledgement requirements, but it allows LCCMR to share Eden Prairie’s project accomplishments with their followers, including commission members. • Acknowledgement can be made through use of ENRT attribution language. If choosing to acknowledge ENRTF funding through attribution language, please include at a minimum: “Funding provided by the Minnesota Environment and Natural Resources Trust Fund.” (verbal) - or - “Funding for this project was provided by the Minnesota Environment and Natural Resources Trust Fund as recommended by the Legislative-Citizen Commission on Minnesota Resources (LCCMR).” (written) Minnesota Department of Natural Resources The Minnesota Department of Natural Resources needs to be acknowledged in publications, audiovisuals, and electronic media developed as a result of this award. • Including any publications or outreach materials related to this grant or agreement, a statement of affiliation with Minnesota Department of Natural Resources, e.g., “This publication made possible through a grant from the Minnesota Department of Natural Resources.” OR “This project was conducted in cooperation with the Minnesota Department of Natural Resources.” • Logo is permitted for use and can be obtained by contacting the UCF Team. DocuSign Envelope ID: 56C774C5-121C-404A-A97C-4E97FA122182 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 12 Exhibit B: Project Budget 2022 Protect Community Forests City of Eden Prairie Item State Grant Funds Cash Match In-kind Match Total Personnel and Owned Equipment $25,888.70 $25,888.70 Eligible Expenses $116,987.32 $116,987.32 Totals $116,987.32 $0.00 $25,888.70 $142,876.02 DocuSign Envelope ID: 56C774C5-121C-404A-A97C-4E97FA122182 3-Year Tree Maintenance Plan Template for Newly Planted Trees Year and Season of Planting: Phone: Size (caliper for deciduous, height for conifers): # of Trees to be Planted: Type of Stock to be Planted (Bare root, etc.): Describe how the activities below will be completed. 1.Tree Maintenance Personnel a.Describe who is responsible for maintenance. b.Volunteers, homeowners, or inexperienced staff that will provide maintenance should receive basic training and literature on proper maintenance techniques. Is training needed and how will you do it? c.How will you inspect tree maintenance work periodically to make sure it is being done correctly? 2.Tree Watering Process Describe in detail how trees will be watered, the time period and frequency of watering. Trees should be watered weekly for the first 3 to 5 years when the ground is thawed, unless it has rained 1 inch in a week. Email: Project Coordinator: LUG: Exhibit C: Tree Maintenance Plan 2022 2022 Protect Community Forests Grants City of Eden Prairie Spring & Fall of 2022City of Eden Prairie Lauren Stufft 952-949-8463 lstufft@edenprairie.org 1.25" caliper, 4-6' height300 Bare root & Container The City of Eden Prairie will be responsible for young tree maintenance. Specifically, the project coordinator will oversee young tree maintenance schedules including watering when needed, structural pruning, removal of trunk protection and staking when appropriate, etc. The work will be performed by seasonal forestry interns who will be trained in on proper techniques by the project coordinator. Inexperienced staff will be trained on proper planting techniques and proper structural pruning techniques, including proper methods, equipment, and PPE requirements. Training will be needed before each planting season and before structural pruning. The project coordinator will personally train all inexperienced staff and will oversee quality of planting and pruning work. Planting and pruning information will be given to inexperienced staff in both paper and video formats. The project coordinator does this work on routine basis during the maintenance period. The project coordinator is on site when all planting work occurs. She will also be on site when pruning is performed until she is confident in staff abilities to perform proper structural pruning that meets ANSI A300 standards and is being performed safely. Additionally, she will inspect pruning work on a weekly basis once staff have shown they are able to properly perform pruning work. Seasonal staff are utilized to perform watering when less than 1" of rain occurs in a weeks time. This area will be added to a list of other parks that have received new plantings that need to be watered. The City utilizes a water trailer that is pulled by a truck to water trees. Trees are watered on a weekly basis with roughly 15-20 gallons per watering when rainfall is less than 1". DocuSign Envelope ID: 56C774C5-121C-404A-A97C-4E97FA122182 3.Mulching Trees Will you mulch your trees and if so, how will you maintain mulch? 4.Staking and Tying Trees Explain if staking is necessary due to mowing, vandalism, or wind conditions, and describe plans for inspection and removal. 5.Checking Tree Health The grantee will check trees every 6 – 12 months to identify and address problems. Describe inspection process and follow-up. 6.Tree ProtectionYoung trees in busy urban areas may be easily damaged by human activity, animals, and equipment. Describe how planted trees will be protected. 7.Pruning Newly planted trees should need little pruning, if they were properly cared for in the nursery. In the first year after planting, remove only dead or broken branches. In later years, weakly attached limbs can be removed, and corrective pruning can be done if needed. Describe your pruning maintenance cycle. 8.Tree Warranty Tree planting should include a warranty from the nursery for replacement (due to poor condition or mortality). The grantee should be prepared to fully replace all trees that are in poor condition or die prior to inspection at the end of the project grant agreement, unless loss was due to natural disaster. Describe your tree warranty or how trees will be replaced. Trees will be mulched at planting to aid in soil moisture retention. Because trees are being planted in non-turf areas, mulch will not need to be maintained and will be left to break down over time in order to restore the native woodland along these sections of trails. Staking will be necessary for bare root trees. A 59" fiberglass Plantra stake will be used to stake decidious trees and will be secured to the trees with 3 Plantra stretch lock rubber bands. Containerized trees will likely not need staking, but if they some of the containerized trees need to be staked, they will be staked with metal t posts and wire affixed to a tree strap with grommets. All staking will be removed after 1 year from planting date. Trees will be checked in the spring and fall of each growing season. All park trees are inspected at these time intervals for health and survivability. If issues are discovered with the trees, they will receive remedial action including pruning, watering, etc. Trees will be protected with a corrugated trunk protector that will be installed at the time of planting and will be removed once tree trunks are large enough to begin to out grow the trunk protectors. This usually takes 3-4 years. Trunk protectors will extend the entire way from the base of the tree to the first lateral branches. We structurally prune trees on an annual basis until they have been planted for roughly 5 years. This process schedule applies to all of the newly planted trees, and these trees would be included on that schedule. We have a good relationship with reputable growers and do not require a warranty from these nurseries. We find that it is less cost effective then internalizing the replacement costs as they charge significantly more to incorporate a year long warranty. This is largely because they are not responsible for planting and are not comfortable giving warranties to nursery stock for which they don't oversee planting operations. Over the last 3 years, we have lost only 3-7% of our trees within a 1 years time. The City of Eden Prairie is committed to replacing any trees lost under this grant within 1 years time of planting, unless loss was due to a natural disaster. DocuSign Envelope ID: 56C774C5-121C-404A-A97C-4E97FA122182 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 15 Minnesota Department of Natural Resources Conflict of Interest Disclosure Conflict of Interest: A conflict of interest occurs when a person has actual or apparent duty or loyalty to more than one organization and the competing duties or loyalties may result in actions which are adverse to one or both parties. A conflict of interest exists even if no unethical, improper or illegal act results from it. Actual Conflict of Interest: An actual conflict of interest occurs when a person’s decision or action would compromise a duty to a party without taking immediate appropriate action to eliminate the conflict. Examples include, but are not limited to: • One party uses his or her position to obtain special advantage, benefit, or access to the other party’s time, services, facilities, equipment, supplies, badge, uniform, prestige, or influence. • One party receives or accepts money (or anything else of value) from another party or has equity or a financial interest in or partial or whole ownership of the other party’s organization. • One party is an employee, board member or family member of the other party. Potential Conflict of Interest: A potential conflict of interest may exist if a person has a relationship, affiliation, or other interest that could create an inappropriate influence if the person is called on to make a decision or recommendation that would affect one or more of those relationships, affiliations, or interests. Organizational Conflict of Interest: A conflict of interest can also occur with an organization that is a grant applicant in a competitive grant process or grantee of a state agency. Organizational conflicts of interest occur when: • A grantee’s objectivity in carrying out the grant is impaired or compromised due to competing duties or loyalties • A grantee, potential grantee or grant applicant has an unfair competitive advantage through being furnished unauthorized proprietary information or source selection information that is not available to all competitors DocuSign Envelope ID: 56C774C5-121C-404A-A97C-4E97FA122182 Grant Contract Agreement template for Competitively awarded, single/sole source, or formula grant process to Municipality FY21: Updated June 2020 16 This section to be completed by Grantee’s Authorized Representative (AR): I certify that we will maintain an adequate Conflict of Interest Policy, and throughout the term of our agreement, we will monitor and report any actual, potential, individual, or organizational conflicts of interest to the State’s Authorized Representative. I also certify that I have read and understand the description of conflict of interest above and as of this date (check one of the two boxes below):  I do not have any conflicts of interest relating to this project.  I have an actual, potential, individual, or organizational (indicate below) conflict of interest. The nature of the conflict is as follows: If at any time during the grant project I discover a conflict of interest, I will disclose that conflict immediately to the State’s Authorized Representative. Grantee AR’s Printed Name: Date: Grantee AR’s Signature: Organization Name: _____________________________________________________________ Project Name: __________________________________________________________________ Legal Citation: ML______, Chapter ______, Article ___, Section ___, Subdivision ____ --------------------------------------------------------------------------------------------------------------------------------- State AR’s Printed Name: ________________________________ Date: State AR’s Signature: ____________________________________ DocuSign Envelope ID: 56C774C5-121C-404A-A97C-4E97FA122182 Lauren Stufft Emerald Ash Borer (EAB) Protecting Community Forests Grant City of Eden Prairie May 9, 2022 X N/A CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 17, 2022 DEPARTMENT/DIVISION: Scott Gerber, Fire Chief ITEM DESCRIPTION: Purchase of Fire Engines ITEM NO.: VIII.G. Requested Action Move to: Approve Purchase Agreement with MacQueen Emergency for five fire apparatus through the HGACBuy purchasing consortium for $4,100,000. Synopsis In the CIP planning process, Fire Department staff identified that certain of the Department’s fire apparatus (fire engines) are near the end of their useful lives and need to be replaced. Staff has been working throughout this year to identify and create the operational needs for the replacement fire apparatus. The proposed purchase includes three (3) new Pierce engines that will replace 18-20 year old apparatus and will provide operational enhancements for service delivery, and two (2) new Skeeter engines that will replace a 12 year old engine and allow for operational effectiveness at multiple locations in the City including the Flying Cloud Airport and urban/wildland interface locations. These new apparatus will provide more versatility to the Fire Department’s response capability. These vehicles will have a 10 year anticipated replacement cycle. The vehicles will be purchased from MacQueen Emergency through HGACBuy, a national purchasing alliance created by a joint powers agreement which enables government entities to purchase items from more than one source on the basis of competitive bids or competitive quotations. This cooperative purchasing process is recognized and authorized under Minnesota Statutes § 471.345, subd. 15. Funding for the purchase will come from allotted CIP funds and debt issuance. Attachment Purchase Agreement EM-111 1 PURCHASE AGREEMENT This Purchase Agreement (together with all attachments referenced herein, the “Agreement”), made and entered into by and between MacQueen Equipment, LLC, as Delaware corporation DBA MacQueen Emergency (“MacQueen”), and City of Eden Prairie, (customer) is effective as of the date specified in Section 3 hereof. 1.Definitions a.“Product” means the fire apparatus and any associated equipment furnished for the Customer by MacQueen, pursuant to the specifications. b.“Specifications” means the general specifications, technical specifications, orientation, and testing requirements for the Product contained in the MacQueen Proposal for the Product prepared in response to the Customer’s request for proposal. c.“MacQueen Proposal” means the proposal provided by MacQueen attached as Exhibit C prepared in response to the Customer’s request for proposal. d.“Delivery” means the date MacQueen is prepared to make physical possession of the Product available to the Customer. 2.Purpose This Agreement sets forth the terms and conditions of MacQueen’s sale of the Product to the Customer. 3.Term of Agreement This Agreement will become effective on the date it is signed and approved by MacQueen’s authorized representative pursuant to Section 22 hereof (“Effective Date”) and, unless earlier terminated pursuant to the terms of this Agreement, it will terminate upon the Customer’s Acceptance and payment in full of the Purchase Price. 4.Purchase and Payment The Customer agrees to purchase the Product specified on Exhibit A for the total purchase price of $4,100,000.00 (“Purchase Price”). Prices are in US Funds. NOTE: Upon final inspection at the factory for pick-up or delivery, the customer will need to supply a “Certificate of Insurance” and “FULL PAYMENT” prior to release of the vehicle, unless prior arrangements for vehicle’s release have been made. 5.Future Changes Various state or federal regulatory agencies (e.g. NFPA, DOT, EPA) may require changes to the Specifications and/or the Product and in any such event any resulting cost increases incurred to comply therewith will be added to the Purchase Price to be paid by the Customer. In addition, any future drive train upgrades (engine, transmission, axles, etc.), or any other specification changes have not been calculated into our annual increases and will be provided at additional cost. To the extent practicable, Company will document and itemize any such price increase for the Customer’s approval before proceeding. 6.Agreement Changes The Customer may request that MacQueen incorporate a change to the Products or the Specifications for the Products by delivering a change order to MacQueen; provided, however, that any such change order must be in writing and include a description of the proposed change sufficient to permit MacQueen to evaluate the feasibility of such change (“Change Order”). Within seven (7) business days of receipt of a Change Order, MacQueen will inform the Customer in writing of the feasibility of the Change Order, the earliest possible implementation date for the Change Order, of any increase or decrease in the Purchase Price resulting from such Change Order, and of any effect on production scheduling or Delivery resulting from such Change Order. MacQueen shall not be liable to the Customer for any delay in performance or Delivery arising from any such Change Order. A Change Order is only effective when counter signed by MacQueen’s authorized representative. EM-111 2 7.Cancellation/Termination In the event this Agreement is cancelled or terminated for convenience by Customer before completion, MacQueen may charge a cancellation fee based on its actual costs incurred to the date of termination. MacQueen has the duty to mitigate any such costs through the sale or reuse of parts or materials if termination occurs prior to substantial completion of the Product. If Customer terminates when the Product is substantially complete, Customer shall remain liable for the difference between the Purchase Price and, if applicable, the sale price obtained by MacQueen upon sale of the Product to another purchaser, plus any costs incurred by MacQueen to conduct any such sale. If Customer terminates this Agreement due to MacQueen’s default under this Agreement, Customer will not be liable for any cancellation fee. 8.Delivery, Inspection, and Acceptance a.Delivery Delivery of the Product is scheduled to be within 26 months for the Pierce Units & 18 months for the Skeeter units of the Effective Date of this Agreement. Risk of loss shall pass to Customer upon Delivery. Delivery shall be made and title shall pass upon Customer’s complete fulfillment of its obligations arising under Section 4 hereof. b.Inspection and Acceptance Upon Delivery, Customer shall have fifteen (15) days within which to inspect the Product for substantial conformance to the material Specifications, and in the event of substantial non-conformance to the material Specifications to furnish MacQueen with written notice sufficient to permit MacQueen to evaluate such non- conformance (“Notice of Defect”). Any Product not in substantial conformance to material Specifications shall be remedied by MacQueen within thirty (30) days from the Notice of Defect. If MacQueen fails to remedy the Product within 30 days from the Notice of Defect, Customer may reject the Product. In the event MacQueen does not receive a Notice of Defect within fifteen (15) days of Delivery, Product will be deemed to be in conformance with Specifications and Accepted by Customer. 9.NoticeAny required or permitted notices hereunder must be given in writing at the address of each party set forth below, or to such other address as either party may substitute by written notice to the other in the manner contemplated herein, by one of the following methods: hand delivery; registered, express, or certified mail, return receipt requested, postage prepaid; or nationally recognized private express courier: MacQueen Equipment, LLC 1125 7th Street East St. Paul, MN 55106 City of Eden Prairie Chief of Operations Ward Parker 14800 Scenic Heights Road Eden Prairie, MN 55344 10.Standard Warranty The equipment sold herein will be manufactured by Pierce Manufacturing, Inc or Skeeter Brush Trucks. and any warranties are attached hereto as Exhibit B and made a part hereof. Any additional warranties must be expressly approved in writing by Pierce’s or Skeeter’s authorized representative and MacQueen. a.Disclaimer Other than as expressly set forth in this agreement, neither Pierce or Skeeter, their Parent Company, Affiliates, Subsidiaries, Licensors, suppliers, distributors, dealers, including without limitation, MacQueen, or other respective officers, directors, employees, shareholders, agents or representatives, make any express or implied warranties with respect to the products provided hereunder or otherwise regarding this agreement, whether oral or written, express, implied or statutory. Without limiting the foregoing, any implied warranty against infringement, and the implied warranty of condition of fitness for a particular purpose are expressly excluded and disclaimed. Statements made by sales representatives or in promotional materials do not constitute warranties. b.Exclusions of Incidental and Consequential Damages In no event shall either party be liable for consequential, incidental or punitive damages incurred by the other party or any third party in connection with any matter arising out of or relating to this Agreement, or the breach EM-111 3 thereof, regardless of whether such damages arise out of breach of warranty, tort, contract, strict liability, statutory liability, indemnity, whether resulting from non-delivery, non-payment, or from either party’s own negligence, or otherwise. 11.Insurance MacQueen maintains the following limits of insurance with a carrier(s) rated A- or better by A.M. Best: Commercial General Liability Insurance: Products/Completed Operations Aggregate: $ 2,000,000 Each Occurrence: $ 2,000,000 Umbrella/Excess Liability Insurance: Aggregate: $ 5,000,000 Each Occurrence: $ 5,000,000 The Customer may request MacQueen to provide the Customer with a copy of a current Certificate of Insurance with the coverages listed above. 12.Indemnity The Customer shall indemnify, defend and hold harmless MacQueen, its officers, employees, dealers, agents or subcontractors, from any and all claims, costs, judgments, liability, loss, damage, attorneys’ fees or expenses of any kind or nature whatsoever (including, but without limitation, personal injury and death) to all property and persons caused by, resulting from, arising out of or occurring in connection with the Customer's purchase, installation or use of goods sold or supplied by MacQueen which are not caused by the negligence or intentional misconduct of MacQueen, Pierce or Skeeter. MacQueen shall indemnify, defend and hold harmless Customer, its elected and appointed officials, employees, or agents, from any and all claims, costs, judgments, liability, loss, damage, attorneys’ fees or expenses incurred or for which Customer might be liable resulting from any breach of this Agreement by MacQueen, its officers, employees, dealers, agents or subcontractors, or any negligent or intentional act or omission performed, taken, or not performed or taken by MacQueen, its officers, employees, dealers, agents or subcontractors, relative to this Agreement. 13.Force Majeure MacQueen shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond MacQueen’s control which make MacQueen’s performance impracticable, including but not limited to civil wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or certificates, acts of God or the public enemy or terrorism, failure of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation, slowdown, or interruption of work. 14.Default The occurrence of one or more of the following shall constitute a default under this Agreement: (a) the Customer fails to pay when due any amounts under this Agreement or to perform any of its obligations under this Agreement;(b)MacQueen fails to perform any of its obligations under this Agreement; (c) either party becomes insolvent or become subject to a bankruptcy or insolvency proceedings; (d) any representation made by either party to induce the other to enter into this Agreement is false in any material respect; (e) the Customer dissolves, merges, consolidates or transfers a substantial portion of its property to another entity; or (f) the Customer is in default or has breached any other contract or agreement with MacQueen. Upon a party’s default, the non-defaulting party will have all rights at remedies available at law or in equity. 15.Relationship of Parties Neither party is a partner, employee, agent, or joint venture of or with the other. 16.Assignment Neither party may assign its rights and obligations under this Agreement unless it has obtained the prior written EM-111 4 approval of the other party. 17.Governing Law; Jurisdiction Without regard to any conflict of law’s provisions, this Agreement is to be governed by and under the laws of the state of Minnesota. 18.Facsimile & Electronic Verified Signatures The delivery of signatures to this Agreement by facsimile transmission and/or electronic verified shall be binding as original signatures. 19.Entire Agreement This Agreement shall be the exclusive agreement between the parties for the Product. Additional or different terms proposed by either party shall not be applicable, unless accepted in writing by authorized representatives of each party. No change in, modification of, or revision of this Agreement shall be valid unless in writing and signed by authorized representatives of both parties. 20.Conflict In the event of a conflict between the Customer Specifications and the MacQueen Proposal, the MacQueen Proposal shall control. 21.Additional Orders Company, at its sole discretion, will allow the terms of this contract to be extended to both the Customer, as well as to other Municipal, State, or Federal agencies for similar unit(s). Company will allow tag on / additional orders for up to three (3) years from the date of contract execution. To facilitate pricing, Company will quote the original price plus manufacturer’s price increases or Producer’s Price Index (PPI) whichever is greater as it applies to either Fire Apparatus and/or commercial heavy truck industries. Additionally, any regulatory changes (NFPA, EPA, Engine Emissions, FMVSS, etc.) will also have to be added to the price as they become applicable. Change orders to the original specification willneed to be authorized, signed, and accepted by Company. Any entity using this tag-on/additional orders program will be required to sign a new contract commencing the relationship. Additionally, if required by the Purchaser, any new tag-on / additional orders that require a “separate” Performance bond will be separately priced. This contract, including its appendices, embodies the entire agreement between the parties relating to the subject matter contained herein and merges all prior discussions and agreements. No agent or representative of Company has authority to make any representations, statements, warranties, or agreements not herein expressed and all modifications of amendments of this agreement, including any appendices, must be in writing and executed by an authorized representative of each of the parties hereto. No surety of any performance bond given by Company to the Customer in connection with this Agreement shall be liable for any obligation of Company arising under the Standard Applicable Warranty. 22.Compliance with Laws and Regulations. In providing services hereunder, MacQueen 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 Customer to immediately terminate this Agreement. 23.Conflicts. No salaried officer or employee of Customer and no member of the City Council of Customer shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 24.Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 25.Enforcement. MacQueen shall reimburse Customer for all costs and expenses, including without limitation, attorneys' fees paid or incurred by Customer in connection with the enforcement by Customer during the term of this Agreement or thereafter of any of the rights or remedies of Customer under this Agreement. 26.Non-Discrimination. During the performance of this Agreement, MacQueen shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, EM-111 5 status with regard to public assistance, disability, sexual orientation or age. MacQueen 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. MacQueen 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. MacQueen further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363A.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 27.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. 28.Services Not Provided For. No claim for services or products furnished by MacQueen not specifically provided for herein shall be honored by Customer. 29.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. 30.Statutory Provisions. a.Audit Disclosure. The books, records, documents and accounting procedures and practices of MacQueen or other parties relevant to this Agreement are subject to examination by Customer and either the Minnesota Legislative Auditor or the Minnesota 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 MacQueen under this Agreement which Customer requests to be kept confidential, shall not be made available to any individual or organization without Customer’s prior written approval. This Agreement is subject to the Minnesota Government Data Practices 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 MacQueen in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practices Act and MacQueen shall comply with those requirements as if it were a government entity. All subcontracts entered into by MacQueen in relation to this Agreement shall contain similar Data Practices Act compliance language. 31.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. 22.Signatures This Agreement is not effective unless and until it is approved, signed and dated by MacQueen’s authorized representative. Accepted and Agreed to: MACQUEEN EQUIPMENT, LLC Signature: ________________________________ Name: ___________________________________ Title: ___________________________________ Date: ___________________________________ CITY OF EDEN PRAIRIE Signature: _______________________________ Name: __________________________________ Title: __________________________________ Date: __________________________________ EM-111 6 EXHIBIT A – PURCHASE PAYMENT TERMS & CONDITIONS MacQueen Equipment, LLC 1125 7th Street East St. Paul, MN 55106 Customer Name City of Eden Prairie Date May 12, 2022 Quantity Chassis Type Body Type Price per Unit Total Price 3 Pierce Velocity PUC Pumper $1,100,000.00 $3,300,000.00* 2 Skeeter Ford F550 Rescue Squad $400,000.00 $800,000.00* *Houston-Galveston Area Council (HGAC) Consortium Pricing. PERFORMANCE BOND: Included in contract price for the Pierce Velocity PUC Pumpers. TRADE-IN GUARANTEE OPTION: If Customer elects to trade the below four (4) units per Trade-In Terms, deduct $265,000.00 from contract price. 1. Engine 12 - VIN 4EN6AAA8991004993 - $90,000.00 2.Engine 22 - VIN 4EN6AAA8151009695 - $80,000.00 3. Engine 31 - VIN 4EN6AAA8551009697 - $30,000.00 4.Engine 41 - VIN 4EN6AAA8X61001015 - $65,000.00 TRADE-IN TERMS: -Agreement with Brindlee Mountain Fire Apparatus to purchase the four (4) units to delivered upon delivery of the new replacement units. -MacQueen will provide agreed to trade-in value up front at contract signing and applied as credit to purchase price of new units -Brindlee Mountain Fire Apparatus will market the units exclusively at a priced determined by MacQueen or Brindlee Mountain Fire Apparatus. If the units sell before the guaranteed trade value is enacted, the customer will pay Brindlee Mountain Fire Apparatus 10% consignment fee of the sale price and Eden Prairie will pay MacQueen the trade value as show above immediately upon the sale of each unit. -Eden Prairie will have the right to sell within the State of Minnesota up until the delivery of the new units on leads generated by the Eden Prairie Fire Department. Any leads generated by Eden Prairie for the state of Minnesota will need be communicated immediately to MacQueen Emergency for documentation. If the lead is generated through Brindlee Mountain the 10% consignment fee will apply. -Seller shall provide a pump test certificate and, if applicable, an annual aerial inspection report for the apparatus dated within 30-days prior to the release date with satisfactory results including proper operation of the pressure governor, relief valve, and primer. -Seller represents and warrants that the description, condition, and specifications of the apparatus are true and correct. Vehicle is to be equipped and in similar condition as reviewed at the time of sale. Any excessive wear or damage will result in a reduction of the purchase value or refusal of the used apparatus. -All components such as tires, brakes, batteries, glass, sheet metal, etc., to be in similar condition as reviewed at the time of sale. Vehicle to be in similar operating conditions as reviewed at the time of sale. -The truck is roadworthy and fully operational at the time of sale. -The vehicle will pass a standard DOT annual safety inspection and will be free of any frame or sub-frame corrosion or damage. -Seller represents and warrants that all prior damage of any type (including but not limited to collision, fire, and flood) has been disclosed to MacQueen prior to Seller's acceptance of this offer. Seller shall immediately disclose to MacQueen any damage to the Apparatus occurring after Seller's acceptance of this offer. In the event of such damage, at BMFA's option the purchase price of the Apparatus shall be adjusted downward to account for such damage and Seller and BMFA shall negotiate in good-faith to determine the amount of such purchase price adjustment.Trade-In Policy: -Agreement with Brindlee to purchase the 4 units to be delivered at time of delivery of the new replacementunits. -MacQueen will provide agreed to trade-in value up front at contract signing and applied as credit to purchase price of new units 2.Engine 22 - VIN 4EN6AAA8151009695 - $80,000.00 EM-111 7 -Seller shall provide a pump test certificate and, if applicable, an annual aerial inspection report for the apparatus dated within 30-days prior to the release date with satisfactory results including proper operation of the pressure governor, relief valve, and primer. -Seller represents and warrants that the description, condition, and specifications of the apparatus is true and correct. Vehicle is to be equipped and in similar condition as reviewed at the time of sale. Any excessive wear or damage will result in a reduction of the purchase value or refusal of the used apparatus. -All components such as tires, brakes, batteries, glass, sheet metal, etc., to be in similar condition as reviewed at the time of sale. Vehicle to be in similar operating conditions as reviewed at the time of sale. -The truck is roadworthy and fully operational at the time of sale. -The vehicle will pass a standard DOT annual safety inspection and will be free of any frame or sub-frame corrosion or damage. -Seller represents and warrants that all prior damage of any type (including but not limited to collision, fire, and flood) has been disclosed to MacQueen prior to Seller's acceptance of this offer. Seller shall immediately disclose to MacQueen any damage to the Apparatus occurring after Seller's acceptance of this offer. In the event of such damage, at BMFA's option the purchase price of the Apparatus shall be adjusted downward to account for such damage and Seller and BMFA shall negotiate in good faith to determine the amount of such purchase price adjustment. Initial here to accept Trade-In Guarantee Option: . NET 180 Days PREPAYMENT OPTION PIERCE UNITS ONLY: DUE 180 DAYS FROM CONTRACT SIGNING. If 100% prepayment is made 180 days from contract signing, deduct $106,773.00 from total contract price for Pierce Velocity PUC Pumpers, amount due 180 days from contract signing would be $3,728,227.00 with trade ins. O Initial here to accept: . This contract is available for inter-local and other municipal corporations to utilize with the option of adding or deleting any Company available options, including chassis models. Any addition or deletion may affect the unit price. “PAYMENT TERMS” 100% of contract price or any balance is due upon delivery of the new units to the fire department “TAXES” Federal, State, and Local Taxes are not included in the contract price. “LATE PAYMENT” A late fee of .033% of the sale price will be charged per day for overdue payments beginning ten (10) days after the payment is due for the first thirty (30) days. The late fee increases to .044% per day until the payment is received. [NOTE: If deferred payment arrangements are required, the Customer must make such financial arrangements through a financial institution acceptable to MacQueen.] All taxes, excises and levies that MacQueen may be required to pay or collect by reason of any present or future law or by any governmental authority based upon the sale, purchase, delivery, storage, processing, use, consumption, or transportation of the Product sold by MacQueen to the Customer shall be for the account of the Customer and shall be added to the Purchase Price. All delivery prices or prices with freight allowance are based upon prevailing freight rates and, in the event of any increase or decrease in such rates, the prices on all unshipped Product will be increased or decreased accordingly. Delinquent payments shall be subject to a carrying charge of 1.5 percent (1.5%) per month or such lesser amount permitted by law. MacQueen will not be required to accept payment other than as set forth in this Agreement. However, to avoid a late charge assessment in the event of a dispute caused by a substantial nonconformance with material Specifications (other than freight), the Customer may withhold up to five percent (5%) of the Purchase Price until such time that MacQueen substantially remedies the nonconformance with material Specifications, but no longer than sixty (60) days after Delivery. If the disputed amount is the freight charge, the Customer may withhold only the amount of the freight charge until the dispute is settled, but no longer than sixty (60) days after Delivery. MacQueen shall have and retain a purchase money security interest in all goods and products now or hereafter sold to the Customer by MacQueen or any of its affiliated companies to secure payment of the Purchase Price for all such goods and products. In the event of nonpayment by the Customer of any debt, obligation or liability now or hereafter incurred or owing by the Customer to MacQueen, MacQueen shall have and may exercise all rights and remedies of a secured party under Article 9 of the Uniform Commercial Code (UCC) as adopted by the state of Minnesota. THIS PURCHASE DETAIL FORM IS EXPRESSLY SUBJECT TO THE PURCHASE AGREEMENT TERMS AND CONDITIONS DATED AS OF May 12, 2022 BETWEEN MACQUEEN AND City of Eden Prairie (customer) WHICH TERMS AND CONDITIONS ARE HEREBY INCORPORATED IN, AND MADE PART OF, THIS PURCHASE DETAIL FORM AS THOUGH EACH PROVISION WERE SEPARATELY SET FORTH HEREIN, EXCEPT TO THE EXTENT OTHERWISE STATED OR SUPPLEMENTED BY MACQUEEN HEREIN. Is Customer Name and Address listed on page 2 to be used on Certificate of Origin (CO)? Yes No If not, please provide correct name and address to be listed on CO. ____________________________________ _____________________________________________________________________________________________ Is there a lienholder? Yes No If yes, please provide lienholder information. _______________________________________________________ _____________________________________________________________________________________________ EM-111 8 EXHIBIT B – PROPOSAL OPTION LIST WITH WARRANTIES SEE ATTACHED PROPOSAL OPTION LIST Bid Number 982 Dated 5/12/2022 FOR THE PIERCE UNITS AND BID 6510 DATED 5/11/2022 FOR THE SKEETER UNITS FOR ALL APPLICABLE OPTIONS AND WARRANTIES APPROVED WITH CONTRACT. EM-111 9 EXHIBIT C - PROPOSAL SEE PROPOSAL FOR Bid Number 982 Dated 5/12/2022 FOR THE PIERCE UNITS AND BID 6510 DATED 5/11/2022 FOR THE SKEETER UNITS. Option List Line Option Type Option Description Qty 1 0766589 Boiler Plates, PUC Pumper 1 Fire Department/Customer - Eden Prairie Operating/In conjunction W-Service Center - Operating Miles - 25 Miles Number of Fire Dept/Municipalities - 5 Bidder/Sales Organization - MacQueen Emergency Delivery - Delivery representative Dealership/Sales Organization, Service - MacQueen Emergency 2 0661794 Single Source Compliance 1 3 0584456 Manufacture Location, Appleton, Wisconsin 1 4 0584452 RFP Location: Appleton, Wisconsin 1 5 0588609 Vehicle Destination, US 1 6 0610784 Comply NFPA 1901 Changes Effective Jan 1, 2016, With Exceptions 1 7 0533347 Pumper/Pumper with Aerial Device Fire Apparatus 1 8 0588611 Vehicle Certification, Pumper 1 9 0661778 Agency, Apparatus Certification, Pumper/Tanker, U.L.1 10 0891947 Certification, Vehicle Inspection Program, NFPA 1901 1 11 0000000 STF Ability to Provide Service - MacQueen Emergency Group 1 Location - 25 miles Fill in Blank - 25 11 0000000 STF Pre-Delivery Service - MacQueen 1 11 0000000 STF Delivery Training 1 12 0000114 Inspection Trip(s)2 Qty, - 02 Fill in Blank - five (5) 12 0000000 STF Insurance Limits, MacQueen Emergency 1 13 0536644 Customer Service Website 1 14 0620362 Consortium, HGAC 1 15 0537375 Unit of Measure, US Gallons 1 16 0529326 Bid Bond, 10%, Pierce Built Chassis 1 17 0050066 Performance Bond, 100% Req'd 1 18 0000007 Approval Drawing 1 19 0735330 SP Drawing, Compartment Layout, Standard Pumper Body, 1 Drawing, 3 Unit Order 1 20 0002928 Electrical Diagrams 1 21 0564230 Velocity Chassis, PUC (Big Block), 2010 1 22 0000110 Wheelbase 1 Wheelbase - 209.00 23 0000070 GVW Rating 1 GVW rating - 53,800 24 0000203 Frame Rails, 13.38 x 3.50 x .375, Qtm/AXT/Imp/Vel/DCF 1 25 0889469 Frame Liner, "C/Inv L" 12.50" x 3.00" x .25", AXT/Vel/Imp/Enf, 56" QVal 1 26 0508849 Axle, Front, Oshkosh TAK-4, Non Drive, 22,800 lb, Imp/Vel 1 27 0010427 Suspension, Front TAK-4, 22,800 lb, Qtm/AXT/Imp/Vel/DCF/Enf 1 28 0087572 Shock Absorbers, KONI, TAK-4, Qtm/AXT/Imp/Vel/DCF/Enf 1 29 0000322 Oil Seals, Front Axle 1 30 0899438 Tires, Front, Goodyear, Armor MAX MSA, 425/65R22.50, 20 ply 1 31 0752585 Wheels, Front, Alcoa, 22.50" x 12.25", Aluminum, Dura-Black, Hub Pilot 1 32 0530467 Axle, Rear, Meritor RS30-185, 31,000 lb, Imp/Vel/Dash CF 1 33 0544253 Top Speed of Vehicle, 68 MPH 1 34 0122074 Suspen, Rear, Standens, Spring, 31,000 lb, Imp/Vel 1 35 0000485 Oil Seals, Rear Axle 1 Customer:Eden Prairie Bid Number: 982 Representative White, Bradley Job Number: Organization:MacQueen Emergency Group Number of Units:3 Requirements Manager: Bid Date:10/30/2020 Description: Velocity PUC Pumper Stock Number: Body: Pumper, PUC, Aluminum Price Level:41 (Current: 42) Chassis:Velocity Chassis, PUC (Big Block), 2010 Lane: 5/12/2022 5/12/2022 10:30 AM Page 1982Bid #: Line Option Type Option Description Qty 36 0585004 Tires, Rear, Goodyear, G289 WHA, 315/80R22.50, 20 ply, Single 1 37 0752587 Wheels, Rear, Alcoa, 22.50" x 9.00", Alum-Stl, Dura-Black, Hub Pilot, Single 1 38 0568081 Tire Balancing, Counteract Beads 1 39 0620570 Tire Pressure Monitoring, RealWheels, AirSecure, Valve Cap, Single Axle 1 Qty, Tire Pressure Ind - 6 40 0779662 Covers, Lug Nut, Black Plastic 1 41 0742337 Mud Flap, Full Width, Under Rear Tailboard, Custom Logo 1 42 0002045 Mud Flap, Front and Rear, Pierce Logo 1 43 0544802 Chocks, Wheel, SAC-44-E, Folding 1 Qty, Pair - 01 44 0544806 Mounting Brackets, Chocks, SAC-44-E, Folding, Horizontal 1 Qty, Pair - 01 Location, Wheel Chocks - Left Side Rear Compt 45 0010670 ABS Wabco Brake System, Single rear axle 1 46 0030185 Brakes, Knorr/Bendix 17", Disc, Front, TAK-4 1 47 0000740 Brakes, Meritor, Cam, Rear, 16.50 x 8.63"1 48 0731553 Air Compressor, Brake, Cummins/Wabco 25.9 CFM 1 49 0000786 Brake Reservoirs, Four 1 50 0568012 Air Dryer, Wabco System Saver 1200, Heater, 2010 1 51 0000790 Brake Lines, Nylon 1 52 0000856 Air Inlet, with Kussmaul Air Eject 1 Location, Air Coupling(s) - a) DS Step Well Qty, Air Coupling (s) - 1 53 0733932 Engine, Cummins X12, 500 hp, 1700 lb-ft, W/OBD, EPA 2021, REPTO, Velocity 1 54 0730962 Filters, Remote Mounted, Oil, Fuel, X12, VEL/AXT, ENF, QTM 1 55 0001244 High Idle w/Electronic Engine, Custom 1 56 0729212 Idle Reduction, Battery Management System, BMS, Lithium, IRT 1 57 0729210 Idle Reduction, Lithium, Engine Auto Shut Down 5 min. and Auto Start 1 58 0732613 Not Required, Location IRT Power Converter 1 59 0732621 SP Approved, Idle Reduction System 1 60 0687994 Engine Brake, Jacobs Compression Brake, Cummins Engine 1 Switch, Engine Brake - e) ISC/ISM/ISL9/ISX Hi Med Lo 61 0595068 Clutch, Fan, Air, Horton, w/ "Fan Clutch Disengaged" Switch- MUX ONLY 1 62 0123135 Air Intake, w/Ember separator, Imp/Vel 1 63 0794743 Exhaust System, 5", X12/X15, MX13, Engine, Horizontal, Right Side 1 64 0787999 Radiator, Impel/Velocity 1 65 0511425 Cooling Hoses, Rubber 1 66 0770792 Fuel Tank, 65 Gallon, Left Side Fill, Common Air Bottle Door 1 67 0001129 Lines, Fuel 1 68 0662965 DEF Tank, 4.5 Gallon, DS Fill, Rear of Axle, Common Air Bottle Door 1 69 0723716 Fuel Priming Pump, Electronic, Automatic, Cummins, No Swt Req'd 1 70 0582243 Shutoff Valves, Fuel Line @ Primary Filter, Cummins 1 71 0553019 Cooler, Engine Fuel, Imp/Vel, AXT/Qtm/Sab/DCF/SFR/Enf 1 72 0578959 Fuel/Water Separator, Racor Inline 1 73 0642582 Trans, Allison 5th Gen, 4000 EVS P, w/Prognostics, Imp/Vel/DCF/SFR/Enf 1 74 0625330 Transmission, Shifter, 5-Spd, Push Button, 4000 EVS 1 75 0517604 Transmission Programming, Park to Neutral, PUC 1 76 0684459 Transmission Oil Cooler, Modine, External 1 77 0539711 Label, TRANSynd Transmission Fluid Only 1 78 0024895 Mode, Downshift, Aggressive downshift to 2nd, w/engine brake, 5 speed 1 79 0565656 Fluid, 4000/4500 Series Transmission,TranSynd synthetic, IPOS, Custom 1 80 0001375 Driveline, Spicer 1810 1 81 0669988 Steering, Sheppard M110 w/Tilt, TAK-4, Eaton Pump, w/Cooler 1 82 0001544 Not Required, Steering Assist Cylinder on Front Axle 1 83 0509230 Steering Wheel, 4 Spoke without Controls 1 84 0690274 Logo/Emblem, on Dash 1 Text, Row (1) One - Eden Text, Row (2) Two - Prairie Text, Row (3) Three - FD 85 0592801 Bumper, 26" Extended, Steel, Painted, Imp/Vel 1 5/12/2022 10:30 AM Page 2982Bid #: Line Option Type Option Description Qty 86 0610291 Tray, Hose, Center, 26" Bumper, Outside Air Horns, 13" Deep, Imp/Vel 1 Grating, Bumper extension - Grating, Rubber Capacity, Bumper Tray - 20) 125' of 1.75" 87 0608947 SP Cover, Aluminum Treadplate, Raised, 2", One (1) D-Ring Latch, Hose Tray 1 Stay arm, Tray Cover - b) Pneumatic Stay Arm 88 0510226 Lift & Tow Package, Imp/Vel, AXT, Dash CF 1 89 0002283 Tow Hooks, Painted 1 90 0695304 Notch, Front For Recessing Of Inlet, Steel Fabricated Bumper 1 91 0558109 Notch, Front For Recessing Of Q2B, Painted Bumper 1 Location - center 92 0889094 SP Recess, Side Step, Side of Extended Bumper, Safe-Stride 1 93 0516238 Partition, Adjustable, Aluminum in Hose Tray, Qty, Location 1 Location - between the LDH donut roll and the 100' of 1.75 Qty, - 01 94 0579706 Deflector, Stainless, Hose Tray, Each 1 Location - center pumper tray Qty, - 1 95 0608054 Coating, Protective UL-LX, Hose Tray Cover(s), Black 1 Qty, Hose Tray Covers - 1 96 0608023 Coating, Top and Bottom Flange, Front Bumper, UL-LX Coating, Black 1 97 0608055 Coating, Protective UL-LX, Bumper Gravel Pan, Black 1 98 0600720 SP Gravel Pan, Extended Bumper, Smooth Aluminum, IPOS 1 99 0653812 Cab, Velocity FR, 8410 Raised Roof, PUC 1 100 0724207 Engine Tunnel, X12-15, MX13, Mech Fasteners, Velocity FR 1 101 0633806 Rear Wall, Exterior, Cab, Painted FormCoat, Full Coverage 1 Color, Paint - black 102 0199683 Cab Lift, Elec/Hyd, w/Manual Override, Unlocked Ind Light, Imp/Vel 1 103 0785746 SP Grille, Painted, Front of Cab, Complete, Impel/Velocity 1 Color, Paint - 101 Black 104 0648912 Scuffplates, S/S At Cab Door Jambs and Handrails 1 Material Trim/Scuffplate - b) S/S, Brushed 105 0780622 Scuffplates, S/S Corner Guard, Brushed, Rear Cab Corners, 2"1 106 0646179 Trim, S/S, Rect Headlights, VEL/IMP 1 Material Trim/Scuffplate - b) S/S, Brushed Turnsignal Covers - No Covers 107 0015440 No Chrome Molding, On side of cab 1 108 0890093 SP Mirrors, Ramco,6000FFHR-750 LS Door Mnt,6001FFHR-750 RS Cab Mnt,Htd/Rmt,Blk, Vel 1 109 0749219 SP Mirror, Blind Spot Convex (Grote Brand) @ PS Cab Roof Corner, Black 1 110 0667921 Door, Half-Height, Velocity FR 4-Door Cab, Raised Roof 1 Key Model, Cab Doors - 751 Cab, Exterior Door Handle, Finish - 4-Door, Chrome/Black 111 0655511 Door Panel, Brushed Stainless Steel, Impel/Velocity 4-Door Cab 1 112 0667905 Storage Pockets w/ Elastic Cover, Recessed, Overhead, Impel/Velocity FR 1 113 0667902 Controls, Electric Windows, All Cab Doors, Impel/Velocity FR 1 114 0662776 Electric Door Locks, Cab Doors, Conceal Switch Feature, Imp/Vel 1 Location - under the forward hood 115 0512420 Key Pad, Electric Door locks, DS & PS, Imp/Vel 1 116 0898320 Steps, 4-Door Cab, Dual, 1.50" Larger Btm Step, Imp/Vel 1 Light, Step, Additional - P25 LED 117 0770198 Handrail, Exterior, Hansen, Knurled, Alum, LED Backlit, Black, 4-Dr Cab 1 Color, Handrail Light - Red Control, Handrail Light - Battery Switch 118 0892637 Lights, Cab & Crw Cab Acs Stps, P25, LED w/Bezel, 1Lt Per Step 1 Color, Trim - Black Housing 119 0002140 Fenders, S/S on Cab 1 120 0586968 Handrail, Interior, Crew Cab Doors, Angled 1 121 0738709 SP Handrail, Extra - 6" Long 2 Location - side of the cab one each side Qty, - 02 122 0628515 Window, Side of C/C, Fixed, w/EMS Cabinet, 84"/104" Vel/Imp 1 123 0552934 Trim, Cab Side Windows, 84" Velocity 1 5/12/2022 10:30 AM Page 3982Bid #: Line Option Type Option Description Qty 124 0012090 Not Required, Windows, Front/Side of raised roof 1 125 0509286 Not Required, Windows Rear of Crew Cab, Imp/Vel 1 126 0558334 Not Required, Trim, Cab Rear Windows, No Rear Windows 1 127 0786284 Window Tint, Behind Cab Door, Right Side, Privacy Dark Gray 1 128 0786290 Window Tint, Crew Cab Door, Left Side, Privacy Dark Gray 1 129 0786299 Window Tint, Behind Cab Door, Left Side, Privacy Dark Gray 1 130 0786279 Window Tint, Crew Cab Door, Right Side, Privacy Dark Gray 1 131 0786294 Window Tint, Upper Crew Cab Door, Left Side, Privacy Dark Gray 1 132 0786286 Window Tint, Upper Crew Cab Door, Right Side, Privacy Dark Gray 1 133 0889803 SP Compt, Storage, 13 W x 30 H x 20 D, (1) Ea Sd C/C, Dbl Pan, Rec Tube,84" Vel PUC 1 Light, Aux Cab Compartments - Amdor, Red Both Sides Finish, Exterior Cab Compt - Nightspots, 909017 Door, Cab Exterior Cabinet - Double Pan, (2), Rev Hng, Black, Non- Locking Door, Exterior Stop - 2-Stay Arm Location, Recess Floor - Each 134 0794837 Scuffplates, S/S, Door Frame, Three Sides, Exterior Cab Compts 1 Material Trim/Scuffplate - b) S/S, Brushed 135 0123686 Drip Rail, Cab Roof, Impel/Velocity/Velocity SLT 1 136 0618366 SP Guard, Radiator, Stainless Steel, Below Cab Grille, AXT/Imp/Vel 1 137 0798597 Holder, Cup, Cab/Crewcab, Each, Loc 4 Location - to be determined Qty, - 04 138 0889117 SP Work Surface, 3/16" Alum, Frt Eng Tnl to Cabinet,Flange Sides,Spacer,Vel/Imp FR 1 Mounting Provision Spacing - 1.00" Material Finish, Cab Interior - Painted 139 0748671 Cab Interior, Vinyl, Velocity FR, CARE 1 Color, Cab Interior Vinyl/Fabric - Endure Vinyl - Black 140 0667943 Cab Interior, Paint Color, Impel/Velocity FR 1 Color, Cab Interior Paint - b) black 141 0509532 Floor, Rubber Padded Cab & Crew Cab, Imp/Vel, Dash CF 1 142 0741239 HVAC, Impel/Velocity FR, CARE 1 Paint Color, A/C Condenser - Painted to Match Cab Roof HVAC System, Filter Access - Tool Free Panel Auxiliary Cab Heater - Both 143 0639675 Sun Visor, Smoked Lexan, AXT, Imp/Vel, Saber FR/Enforcer 1 Sun Visor Retention - Thumb Latch 144 0548173 Grab Handles, Driver and Passenger Door Post, Imp/Vel 1 145 0583938 Lights, Engine Compt, Custom, Auto Sw, Wln 3SC0CDCR, 3" LED, Trim 1 Qty, - 01 146 0122516 Fluid Check Access, Imp/Vel 1 Latch, Door, Storage - Southco C2 Black Raised 147 0583042 Side Roll and Frontal Impact Protection 1 148 0622619 Seating Capacity, 4 Seats 1 149 0697005 Seat, Driver, Pierce PS6, Premium, Air Ride, High Back, Safety 1 150 0696994 Seat, Officer, Pierce PS6, Premium, Air Ride, SCBA, Safety 1 151 0002517 Not Required, Radio Compartment 1 152 0771869 Cabinet, Rear Facing, LS, 21 W x 28 H x 24 D, Radius, Imp/Vel 1 Light, Short Cabinet - Amdor, Interior, Red, Right Side and Amdor, Interior, Red, Left Side Material Finish, Shelf - Painted - Cab Interior Shelf/Tray, Cabinet - (1) Shelf, Adjustable, 0.75" Up-Turned Lip Door, Cab Interior Cabinet - Rollup, Amdor, Anodized, Non-Locking Louvers, Cabinet - 0-No Louvers 153 0102783 Not Required, Seat, Rr Facing C/C, Center 1 154 0767678 Cabinet, Rear Facing, RS, 19 W x 28 H x 26.5 D, Radius, Imp/Vel 1 Light, Short Cabinet - Amdor, Interior, Red, Right Side and Amdor, Interior, Red, Left Side Material Finish, Shelf - Painted - Cab Interior Shelf/Tray, Cabinet - (1) Shelf, Adjustable, 0.75" Up-Turned Lip Door, Cab Interior Cabinet - Rollup, Amdor, Anodized, Non-Locking Louvers, Cabinet - 0-No Louvers 155 0122716 Seat, Forward Facing C/C, DS Outboard, Pierce PS6, Premium, SCBA, Safety 1 5/12/2022 10:30 AM Page 4982Bid #: Line Option Type Option Description Qty 156 0889148 SP Cabinet, Forward Facing, Center, 36 W x 24 H x 26 D, Web, Imp/Vel 1 Type of fastener - 1" side release False Floor, EMS Cabinet - No False Floor Restraint Location - Bottom (towards the ground) Light, Short Cabinet - Amdor, Interior, Red, Right Side Material Finish, Shelf - Painted - Cab Interior Shelf/Tray, Cabinet - (1) Shelf, Adjustable, 0.75" Up-Turned Lip Louvers, Cabinet - 0-No Louvers 157 0122729 Seat, Forward Facing C/C, PS Outboard, Pierce PS6, Premium, SCBA, Safety 1 158 0889114 SP Cabinet, Rear Facing, Top Eng Tnl, 47 W x Sp H x 20 D, Web, No Lts, Imp/Vel FR 1 Type of fastener - 1" side release Restraint Location - Bottom (towards the ground) Louvers, Cabinet - 0-No Louvers 159 0646614 Compt, Storage, (2) Rear Facing, Overhead, 22 W x 10 H x 34 D, Imp/Vel FR 1 Latch, Storage Compt - a) Non Locking Light, Overhead Compt - Amdor, Red, Horizontal Mounted 160 0766467 Upholstery, Seats In Cab, All Vinyl, Seats Inc, CARE 4 Color, Cab Interior Vinyl/Fabric - Endure Vinyl - Black Qty, - 04 161 0543991 Bracket, Air Bottle, Hands-Free II, Cab Seats 3 Qty, - 03 162 0603867 Seat Belt, ReadyReach 1 Seat Belt Color - Red 163 0604867 Seat Belt Height Adjustment, 4 Seats, Imp/Vel, Dash CF 1 164 0602464 Helmet Storage, Provided by Fire Department, NFPA 2016 1 165 0647632 Lights, Dome, Wln 60C*EGCS Dual LED 4 Lts 1 Color, Dome Lt - Red & White Control, Dome Lt White - Door Switches and Lens Switch Control, Dome Lt Color - Lens Switch 166 0628472 Light, Map, Overhead, Peterson M371S LED, Rectangular w/Switch 2lts 1 12vdc power from - Battery switched 167 0602637 Portable Hand Light, Provided by Fire Dept, Pumper NFPA 2016 Classification 1 168 0568369 Cab Instruments, Ivory Gauges, Chrome Bezels, Impel/Velocity 2010 1 169 0509511 Air Restriction Indicator, Imp/Vel, AXT, Dash CF, Enf MUX 1 170 0032602 Speedometer, Class 1 w/LED, Officer Overhead 1 171 0543751 Light, Do Not Move Apparatus 1 Alarm, Do Not Move Truck - No Alarm 172 0509042 Messages, Open Dr/DNMT, Color Dsply,1 173 0611681 Switching, Cab, Membrane, Impel/Velocity/Quantum, Dash CF, AXT WiFi MUX 1 Location, Emerg Sw Pnls - Driver's Side Overhead 174 0555915 Wiper Control, 2-Speed with Intermittent, MUX, Impel/Velocity 1 175 0767635 Wiring, Spare, 4.8 A 12V DC, USB Termination, Kussmaul 091-219-5 Sw Pnl 1st 4 Qty, - 04 12vdc power from - Battery direct Location - to be determined 176 0566101 Recess, Dash Panel, Officer Side, Vel/Imp 1 177 0643196 Radio, AM/FM/CD/WB, Jensen, Front Aux In / USB / Bluetooth 1 Speakers, AM/FM Radio - Two (2) pairs of speakers, Cab/Crew Antenna, AM/FM Radio - c) Roof-mounted rubber antenna Location, AM/FM Radio - b) within reach of the officer 178 0615386 Vehicle Information Center, 7" Color Display, Touchscreen, MUX 1 System Of Measurement - US Customary 179 0615121 Vehicle Information Center, 7" Color Display, MUX, Additional, Touchscreen 1 Qty, - 01 System Of Measurement - US Customary Location, CZ Displays - PS Instrument Panel 180 0734857 Collision Mitigation, HAAS Alert (R2V), HA5 1 Subscription, HAAS R2V - R2V - 5 Year Data Plan Subscription 181 0606249 Vehicle Data Recorder w/CZ and Overhead Display Seat Belt Monitor 1 182 0745192 Intercom, David Clark, 5-Pos, 3-Radio, (D,O,RPTT), 2obC, (P, Radio Belt Station)1 Location - on the dash to be located at preconstruction Location, Intercom, C Cab - 2) 2 forward facing seats 5/12/2022 10:30 AM Page 5982Bid #: Line Option Type Option Description Qty 183 0637058 David Clark Universal Radio Interfaces Included with Single/Dual System 1 Location, Radio Interface - to be determined 184 0589947 Headset, David Clark, H3432 Over The Head, Flex Mic, Push On Push Off 3 Qty, - 03 Location - officer and two crew 185 0597906 Headset, David Clark, H3441 Under Helmet, Flex Mic, One Slotted Ear Cup 1 Qty, - 01 Location - driver 186 0681408 Hangers For Headsets, NFPA, Each 4 Qty, - 04 Location, Headset Hangers - Driver Seat, Officer Seat, DS Outbrd, Fwrd Fcng Seat and PS Outbrd, Fwrd Fcng Seat 187 0559508 Install Customer Provided Two-Way Radio Remote Head Cable 1 Location - to be determined Qty, - 01 188 0597940 Install Customer Provided Two-Way Radio Speaker(s)1 Location - to be determined Qty, - 01 189 0559156 Install Customer Provided Two-Way Radio(s)1 Location - to be determined Qty, - 01 190 0696439 Antenna Mount, Custom Chassis, Cable Routed to Instrument Panel Area 1 Qty, - 01 Location, Antenna Mount - Right Side 191 0724766 SP Camera, FRC, Mux, Inview360HD, SD 1 Location, Event Button - Driver Side Dash 192 0766203 Camera, Pierce, Body Camera, 7" LCD Display Pump Panel 1 Location - above the crosslays on the right side of the vehicle 193 0796441 Pierce Command Zone, Advanced Electronics & Control System, LEDs, Vel, Blk WiFi 1 194 0730603 Electrical System, Velocity ESP, Cummins, Paccar 1 195 0735191 Batteries, (3) Exide Grp 31, 950 CCA ea, Threaded Stud, LS Bat Box 1 196 0008621 Battery System, Single Start, All Custom Chassis 1 197 0123174 Battery Compartment, Imp/Vel 1 198 0724049 Battery Charger/Converter, (2) PD2180, IRT 1 199 0505960 Location, Charger, Left Side Front Body Compartment 1 Location - to be determined 200 0530960 Not Required, Remote Battery Charger Indicator 1 201 0724036 Shoreline, IRT, 30A 120V, Kussmaul Auto Eject, 091-159-30-120, Super 1 Color, Kussmaul Cover - b) red 202 0724033 Shoreline Location IRT 1 Location, Shoreline, IRT - Cab Side - LS 203 0723255 Sub Feed Breaker Box, Cutler Hammer, For IRT Shoreline 1 Location, CB Panel - in the forward hatch compartment on the forward wall 204 0647728 Alternator, 430 amp, Delco Remy 55SI 1 205 0786930 SP Load Manager/Sequencer, MUX, Option Specific Loads 1 Enable/Disable Hi-Idle - e)High Idle enable 206 0720839 Switch, CZ Display Only, Load Manager 1 207 0736670 Headlights, Rect LED, HiViz FT-4X6-4KIT, AXT/DCF/Enf/Imp/Sab/Vel, Halo Alt Flash 1 Color, Headlight Bez - Black Bezel 208 0648425 Light, Directional, Wln 600 Cmb, Cab Crn, Imp/Vel/AXT/Qtm/DCF 1 Color, Lens, LED's - m)match LED's 209 0888957 SP Light, Directional, Wln C6T LED Arrow, 15 Degree Angle Bracket, Additional 2 Location, Lights - on the rear of the cab in the PUC notch Qty, - 02 Material, Bracket - UL-LX Black Aluminum Treadplate Color, Trim - Black Trim 210 0620054 Light, Directional/Marker, Intermediate, Weldon 9186-8580-29 LED 2lts 1 211 0648074 Lights, Clearance/Marker/ID, Front, P25 LED 7 Lts 1 212 0535157 Lights, Clearance/Marker/ID, Rear, Truck-Lite 33050R LED 7Lts, PUC/HDRP 1 213 0773253 Lights, Tail, Wln C6BTT* Red Stop/Tail, C6T* Amb Dir For Housing 1 Color, Lens, LED's - Clear 5/12/2022 10:30 AM Page 6982Bid #: Line Option Type Option Description Qty 214 0768260 Lights, Backup, Wln C6BU, LED for Wln PLASC*V 3 & 4 housing 1 215 0783780 SP Bracket, License Plate, Temporary 1 Location - underside of the tailboard 216 0768261 Bezels, Wln, (2) PLASC4V, For Mtg (4) C6 Lts 1 217 0589905 Alarm, Back-up Warning, PRECO 1040 1 218 0769569 Lights, Perimeter Cab, Amdor AY-LB-12HW012 LED 4Dr 1 219 0769559 Lights, Perimeter Pump House, Amdor AY-LB-12HW012 LED 2lts 1 220 0769560 Lights, Perimeter Body, Amdor AY-LB-12HW012 LED 2lts, Rear Step 1 Control, Perimeter Lts - Parking Brake Applied 221 0556337 Lights, Step, P25 LED at Rear Tailboard, 2lts Perm Lts 1 222 0618243 Light, Visor, HiViz, FT-B-72-* LED, 4 Swts 1 Location, driver's/passenger's/center - DS Color, Lt Housing - Black 223 0773332 Lights, HiViz FT-MB-2.15-*-*-CPREC 17.50" LED, 2nd 2 Location - two each driver side of the body up high Qty, - 02 Control, Scene Lts - Cab Sw Panel DS and Pump Panel Sw LS Color, Lt Housing HiViz - Black Scene Light Optics - flood 224 0773346 Lights, HiViz FT-MB-2.15-*-*-CPREC 17.5" LED, 1st 2 Location - two each passenger side of the body up high Qty, - 02 Control, Scene Lts - Cab Sw Panel DS and Pump Panel Sw LS Color, Lt Housing HiViz - Black Scene Light Optics - flood 225 0532358 Not Required, Deck Lights, Other Hose Bed & Rear Lighting 1 226 0645877 Lights, Hose Bed, Sides, Dual LED Light Strips 1 Control, Hose Bed Lts - Cup Switch At Rear 227 0775755 Lights, Rear Scene, HiViz, FT-GSM LED 2lts 1 Location, Lights - one each side up high Control, Rear Scene Lts - Cab Switch Panel DS, Pump Panel DS and Body Switch, DS Rear Bulkhead 228 0709438 Lights, Walk Surf, FRP Flood, LED 1 229 0518282 Pumper, PUC, Aluminum 1 230 0554271 Body Skirt Height, 20"1 231 0682617 Tank, Water, 750 Gallon, Poly, 67 LHB, PUC 1 232 0682478 Overflow, 4.00" Water Tank, Poly, Special Routing, PUC 1 233 0028104 Foam Cell Required 1 234 0564333 SP Modified Poly Tank and Cradle for Low Hosebed, PUC 1 235 0633066 Sleeve, Through Tank 2 Qty, Sleeve - 2 Water Tank Sleeve - Plumbing/Hydraulic Diameter - 3" Plumbing 236 0553725 Restraint, Water Tank, Heavy Duty, Special Type Tank, 4x4, or Export 1 237 0003429 Not Required, Direct Tank Fill 1 238 0003424 Not Required, Dump Valve 1 239 0048710 Not Required, Jet Assist 1 240 0030007 Not Required, Dump Valve Chute 1 241 0514778 Not Required, Switch, Tank Dump Master 1 242 0597043 Body Height, PUC/HDRP 1 Body Height - 92.00" 243 0683290 Hose Bed, Aluminum, Pumper, PUC, 67 LHB 1 244 0723340 Unpainted/Brush Finished, Hose Bed, 3G PUC/HDRP 1 245 0003481 Hose Bed Capacity, Special 1 Capacity, Hosebed - 300' of 2.5" with Blitz cubby, 600' of 2.50", 600' of 2.50" 1000' of 5" 246 0083488 Divider, Hose Bed, .25" Unpainted 3 Qty, Hosebed Dividers - 3 247 0535408 SP Cutout, Access, in Hose Bed Divider, w/Location Feature 3 Location - to be determined Qty, - 03 248 0761394 SP Removable Shelf w/Angle, For Blitz Fire Storage In Hose Bed, Shelf Only 1 Location - in the first bay Qty, - 1 5/12/2022 10:30 AM Page 7982Bid #: Line Option Type Option Description Qty 248 Length - 36.00" 249 0607925 SP Cover, Hose Bed, Roller Shutter, Fasteners, Pumper, Black Coating 1 Color, Vinyl Cover - c) black Type of fastener - seat belt buckle - bottom of hosebed Type of fastener, Rear - 1" side release 250 0611509 Running Boards, Flip Out, PUC 1 251 0642389 Tailboard, 18" Deep, Full Width, Angled Corners, PUC/HDRP 1 252 0690029 Wall, Rear, Body Material, PUC, PUC Tanker, PRM, HDRP 1 253 0003531 Tow Bar, Under Tailboard 1 254 0754821 SP Mounting, Traffic Cones, Post/Fin Style, Left Side Running Board 1 Location - tailboard to be determined Size - to be determined 255 0656764 Construction, Compt, Alum, Pumper, PUC 1 256 0503804 LS 189" Rollup, (1) 62" Fwd, (1) 52" Rr, Full Height & Depth Front & Rear, PUC 1 Width, PUC Pump Operators Panel Partition - 5.5" 257 0503803 RS 189" Rollup, (1) 62" Fwd, (1) 52" Rr, Full Height & Depth Front & Rear, PUC 1 258 0594005 Doors, Rollup, Amdor, Side Compartments 6 Qty, Door Accessory - 06 Color, Roll-up Door - AMDOR Painted to Match Lower Body Latch, Roll-up Door - Non-Locking Liftbar 259 0753134 SP Transverse Storage, Rear Wall w/Tailboard, PUC 1 260 0083910 No Rear Compartmentation Doors Required 1 261 0672941 Scuffplate, Brushed S/S Front of Body, PUC 1 262 0740070 Scuffplate, Brushed S/S, Rear Body, IPOS 1 263 0723942 Elastic Pull Strap for Rollup Doors 8 Qty, Door Accessory - 08 Location, Door Accessory - all doors and crosslay doors Color, Strap - Black 264 0680510 Lights, Compt, Amdor AY-9250 Red LED, Dual Lt Strips, Each Side of Door 6 Location - all side compartments Qty, - 06 265 0627484 189" Hatch, (2) Lift-up, 28" Wide, LS Only, PUC/HDRP 1 Size, Hatch Compt, Height - 22.00" Trim, Body/Hatch Compt Seam, Horizontal - Molding Trim, Body/Hatch Compt Seam, Vertical, PUC - Painted Smooth Weld Matting, Floor, Hatch Compt - Rubber Matting 266 0732644 Handrails, (3), Hatch Step Area, Straight, Hansen Knurled Alum LED Backlit,Black 1 Switch, Handrail Light Control - Park Brake Color, Light, Hansen Handrail - Red 267 0659225 Lights, Hatch Compt, Amdor AY-9220 LED Strip Light, 189", One Side 1 268 0687145 Shelf Tracks, Recessed, PUC/3rd Generation 1 269 0600350 Shelves, Adj, 500 lb Capacity, Full Width/Depth, Predefined Locations 3 Qty, Shelf - 03 Material Finish, Shelf - Painted - Nightspots Location, Shelves/Trays, Predefined - RS1-Centered, RS2-Centered and LS3-Upper Third 270 0709692 Tray, 215 lb, Tilt/Slide-Out, 30 Deg, Adj, Predefined Locations 3 Qty, Tray (slide-out) - 03 Location, Shelves/Trays, Predefined - RS2-Centered, RS3-Upper Third and RS1-Upper Third Material Finish, Tray - Painted - Nightspots 271 0647091 Tray, Floor Mounted, Slide-Out, 500lb, 2.00" Sides 1 Qty, - 01 Location, Tray Slide-Out, Floor Mounted - RS1 Material Finish, Tray - Painted - Nightspots 272 0645966 Tray, Floor Mounted, Utility, Two Way Slide-Out, 500lb, Special Sides,Full Trans 1 Qty, - 01 location - LS1 & RS1 compartment Utility Tray Side Height - 4.00" Material Finish, Tray - Painted - Nightspots 273 0725642 Cabinet, Drawer Assembly, CTECH, Three Drawers, Up To 36" Wide 1 Qty, - 01 Location - in the LS3 compartment Size, Drawer Height 1 (Top) - 5.00" 5/12/2022 10:30 AM Page 8982Bid #: Line Option Type Option Description Qty 273 Size, Drawer Height 2 - 5.75" Size, Drawer Height 3 - 8.75" 274 0544614 Toolboard, Swing-out, Alum, .188", Peg Board, 3G 1 Qty - 1 Location, Pivot - Front Mounting, Toolboard - Adjustable Frt-back Hole Diameter, Pegboard/Toolboard - .203" diameter Finish, Pegboard/Toolboard - Painted - Nightspots 909017 Location, Toolboard - LS2 275 0709346 Toolboard, Slide-out, Alum, .188", Peg Board, Predefined Locations 1 Qty, - 01 Mounting, Toolboard - Adjustable side-side Hole Diameter, Pegboard/Toolboard - .281" diameter Finish, Pegboard/Toolboard - Painted - Nightspots 909017 Location, Partition/Toolboard, Predefined - LS1- 10.00" From Forward Door Frame 276 0654369 Recess, Partition, Right of Pump Opertor's Panel, PUC 1 277 0626409 SP Heater, Electric, 12VDC RoadPro 300 Watt Ceramic, Johnson Controls Thermostat 1 Location - in the RS3 compartment Qty, - 01 Fill in Blank - in a location to be determined 278 0659095 Pegboard, 3/16" Alum, Back Wall Compt, w/Track 1 Qty, Comp. Accessory - 01 Hole Diameter, Pegboard/Toolboard - .203" diameter Finish, Pegboard/Toolboard - Painted - Nightspots 909017 Location, Pegboard Back Compt Wall - LS2 279 0603078 SP Rub Rail, Aluminum Extruded, 3.12", w/Black Poly Insert 1 280 0515441 Fender Crowns, Rear, S/S, W/Removable Fender Liner, Pumper, 3G 1 Material Finish, Fender Liner - Brushed Stainless 281 0519849 Not Required, Hose, Hard Suction 1 282 0759459 Handrails Located @ Front Body, Hansen Knurled Alum LED Backlit, Black 1 Switch, Handrail Light Control - Park Brake Color, Light, Hansen Handrail - Red 283 0759458 Handrails, Rear, Hansen Tubing, Knurled Aluminum, LED Backlit, Black, PUC 1 Switch, Handrail Light Control - Park Brake Color, Light, Hansen Handrail - Red 284 0757783 Handrail, Rear, Above Hose Bed, New York Style/Low Hose Bed, Hansen, Black 1 Handrail Finish - Knurled Reinforcement, Hose Bed Divider - Not Required, Reinforcement 285 0636301 Compt, Extinguisher (2) Fender Panel, Triangular Door 1 Location, Bracket/comp. - RS rear of the wheels Qty, - 1 Door Finish, Fender Compt - Painted Latch, Air Bottle Compt - Southco C2 Black Raised Insert, Air Bottle Compt - Dura-Surf Lining 286 0654143 Compt, Air Bottle, Single,Tri Door (DEF/Fuel), Fender Panel 1 Door Finish, Fender Compt - Painted Latch, Air Bottle Compt - Southco C2 Black Raised Insert, Air Bottle Compt - Dura-Surf Lining 287 0657522 Compt, Air Bottle, Triple, Fender Panel 1 Qty, Air Bottle Comp - 1 Door Finish, Fender Compt - Painted Location, Fender Compt - Triple - RS Fwd Latch, Air Bottle Compt - Southco C2 Black Raised Insert, Air Bottle Compt - Dura-Surf Lining 288 0622393 Compt, Air Pack Fender Panel 1 Location, Bracket/comp. - forward of wheel LS Qty, - 01 Door Finish, Fender Compt - Painted Latch, Air Bottle Compt - Southco C2 Black Raised Insert, Air Bottle Compt - Dura-Surf Lining 289 0602940 Ladder, Extension, Provided by Fire Dept, Pumper/Pumper w/Aerial, NFPA 2016 1 Qty, - 01 Ext Ladder, Make/Model - 24' Duo-Safety 900-A 5/12/2022 10:30 AM Page 9982Bid #: Line Option Type Option Description Qty 290 0602718 Ladder, Roof,Provided by Fire Department,Pumper/Pumper w/Aerial Device,NFPA 2016 1 Qty, - 1 Roof Ladder, Make/Model - 14' Duo-Safety 775-A 291 0693729 Rack, Ladders, Hydraulic, Right Side, Air Clamps, Manual Override, PUC 1 Door, Material & Finish, Storage - Polished S/S Ladder Rack Lock Enclosure/Light Mounting Bracket - RS Front & Rear S/S Enclosures 292 0756375 Lights, Hyd Lad Rack Deployed, Truck-Lite 15****1 Color, Light - Amber Flashing Color, Lens, LED's - Clear Trim, T-L 15 - Gray 293 0602903 Ladder, 10' Duo-Safety 585A, Provided by Fire Dept, Pumper NFPA 2016 1 294 0892077 SP Trough, Folding Ladder, Hydraulic Ladder Rack, Outboard Cradle Tube, Pin & Cable 1 295 0641000 SP Side Sheet, Simulated, Attached to Hyd Ldr Rack, Wrapped Frt/Rear, Inline w/Body 1 296 0894413 SP Stokes Basket Storage, Sleeve w/Strap, Under Hydraulic Ladder Rack 1 Size, Stokes Basket, Predefined - 85"L x 24"W x 8"H 297 0602877 Pike Pole, Pumper, Provided by Fire Department, NFPA 2016 1 Pike Pole Make/Model - Duo-Safety 10' Pike Pole 298 0890660 SP Tube, Pike Pole 8' or Longer, Hydraulic Ladder Rack Inboard 3 Qty - 3 Width, Notch, Pike Pole Tube - .75", Standard Notch 299 0602875 Pike Pole, 6', Pumper, Provided by Fire Department, NFPA 2016 1 Pike Pole Make/Model - Duo-Safety 6' Pike Pole 300 0667093 Compt, Long Item Storage, In Upper Body (1) LS, Smooth Alum Door, PUC/HDRP 1 301 0566592 Compt, Long Item Storage, In Upper Body (1) RS, Smooth Alum Door, PUC/HDRP 1 302 0521734 No Steps Required, Front Of Body, PUC 1 303 0548466 SP Ladder, Top Access, Alum, LH Rear, PUC, Spaced to meet NFPA w/o Recessing Lights 1 Do Not Move Truck Indicator - DNMT indicator 304 0515692 Pump Operators Panel, 31", Control Zone, PUC 1 305 0520016 Not Required, Pumphouse Structure, PUC 1 306 0515695 Pump, Pierce, 1500 GPM, Single Stage, PUC 1 307 0515822 Seal, Mechanical, Silicon Carbide, PUC Pump 1 308 0515705 Gear Case, Pierce Pump, REPTO-Clutch Drive 1 309 0721196 Pumping Mode, Pump and Roll/Stationary, Basic, MUX, PUC 1 310 0515829 Pump Shift, Sure-Shift 1 311 0515833 Transmission Lock-up, Not Req'd, Park to Neutral, Pump, PUC 1 312 0515835 Auxiliary Cooling System, PUC 1 313 0014486 Not Required, Transfer Valve, Single Stage Pump 1 314 0746508 Valve(s), Relief Intake, Trident Air Max, Control Location 1 Qty - 1 Pressure Setting - 125 psig Intake Relief Valve Control - Left Side Pump Panel 315 0724463 Controller, Pressure, Pierce LCD, PUC 1 Pressure Governor Throttle Control - Clockwise Pressure Governor Default Mode - No Mode/Default Press Setting 316 0516743 Primer, PUC, w/(1) Additional Priming Valve 1 Inlet Extra Primer - Rear Inlet 317 0663594 SP Line, 0.50" Recirculating w/Check Valve, Automatic 1 318 0894571 Outlet, 0.75" Garden Hose, Fed From Water Pump w/PPV, "T" Swing Handle, CARE 1 Location, Outlet - PUC Operators Panel Qty, - 01 319 0780359 Manuals, Pump, (2) Total, Electronic Copies, Pierce PUC Pump 1 320 0602496 Plumbing, Stainless Steel and Hose, Single Stage Pump, PUC 1 321 0795135 Plumbing, Stainless Steel, w/Foam System 1 322 0517852 Inlets, 6.00" - 1500 GPM, Pierce PUC Pump 1 323 0767402 Valve, w/Relief, Left Inlet, 6", Akron 9333 Elec Controller, Manual Override,PUC 1 324 0767393 Valve, w/Relief, Right Inlet, 6", Akron 9333 Elec Controller,Manual Override,PUC 1 325 0699096 Not Required, Cap, Main Pump Inlet, Included w/Storz Adapter 1 326 0084610 Valves, Akron 8000 series- All 1 5/12/2022 10:30 AM Page 10982Bid #: Line Option Type Option Description Qty 327 0520002 Valve, Inlet(s) Recessed, Side Cntrl, PUC 1 Qty, Inlets - 1 328 0767386 Control, Inlet, Left at Valve, Right at Pump Panel, Akron 9333 Elec Controller 1 329 0004660 Inlet (1), Left Side, 2.50"1 330 0004680 Inlet, Right Side, 2.50"1 331 0523233 Adapter, Main Inlet, 6" FNST x 5" Storz w/Cap 2 Qty, Adapter for Inlet - 2 332 0521137 Anode, Zinc, Pair, Pump Inlets, PUC 1 333 0897261 Inlet, 4" to 6" Front, 5" Plumbing, w/Bleeder Valve, Thru Bumper 1 Inlet, Size - Five Drain, Suction - T Swing Handle Inlet, Front, Valve - Jamesbury 5.00" Inlet, Front, Plumbing - Stainless Steel 334 0767497 Control, Front Inlet, Akron 9333 Elec Controller, w/Override, PUC 1 335 0737985 Valve, Relief Intake,Front Inlet,Trident Air Max,Cntrl w/Main Pump Intake Relief 1 336 0749108 Piping for Front Suction Thru Bumper, As Short As Possible 1 337 0521688 Not Required, Cap, Long Handle, Front Inlet, Pre-connected Hose 1 338 0092569 No Rear Inlet (Large Dia) Requested 1 339 0064116 No Rear Inlet Actuation Required 1 340 0092696 Not Required, Cap, Rear Inlet 1 341 0009648 No Rear Intake Relief Valve Required on Rear Inlet 1 342 0598712 Adapter, 5" (FNST) x 5" Storz, Rigid, w/Cap, Front Inlet 1 343 0092568 No Rear Auxiliary Inlet Requested 1 344 0723049 Valve, .75" Bleeder, Aux. Side Inlet, "T" Swing Handle 1 345 0767409 Tank to Pump, (1) 3.00" Valve, 4.00" Plumbing, Akron 9333 Elec Controller, PUC 1 346 0726216 SP Outlet, Tank Fill, 2.00", Akron 9333, PUC 1 347 0766954 Control, Outlets,Elec Right Outlet Akr 9335 w/Press,Addt'l 9333 Outlets Elec,PUC 6 Location - front bumper, two crosslays, three rear discharge Qty, Discharges - 06 348 0766815 Outlet, Left Side, 2.50", (1), Electric Akron 9335 Controller, PUC 1 349 0055095 Not Required, Elbow, Left Side Outlets, 2.50"1 350 0766761 Outlet, Right Side, 2.50", (1), Electric Akron 9335 Controller, PUC 1 Qty, Discharges - 01 351 0021134 Not Required, Elbow, Right Side Outlets 1 352 0092571 Not Required, Outlets, Right Side Additional 1 353 0089584 Not Required, Elbow, Right Side Outlets, Additional 1 354 0766992 Outlet, Right Side, 4" w/4" Valve, Akron 9335 Elec Controller, PUC 1 355 0699320 Adapter, 4.00" FNST x 5.00" Storz, w/Cap and Chain, PUC 1 Qty, - 1 356 0649939 Outlet, Front, 1.50" w/2" Plumbing 1 Fitting, Outlet - 1.50" NST with 90 degree swivel Drain, Front Outlet - Automatic Location, Front, Single - in center bumper tray 357 0516777 Outlet, Rear, 2.50", (1), Thru Tank, PUC 1 Qty, Discharges - 01 Location, Outlet - b) left side 358 0045091 Elbow, Rear Outlets, 45 Degree, 2.50" FNST x 2.50" MNST, VLH 1 359 0516782 Outlet, Rear, 2.50" w/2.50" Plumbing, Thru Tank, PUC, Additional 2 Qty, Discharges - 02 Location, Outlet - a) right side 360 0536635 Elbow, Rear Outlets, 45 Degree, 2.50" FNST x 2.50" MNST, VLH, PUC, Additional 1 Qty, Discharges - 01 361 0752097 Caps/Plugs for 1.00" to 3.00" Discharges/Inlets, Chain 1 362 0723042 Valve, 0.75" Bleeder, Discharges, "T" Swing Handle 1 363 0802583 SP Outlet, 4.00" w/4" Valve & Plmb, with TFT RC4, Akr Elec 9333, PUC 1 364 0543601 Monitor, TFT Monsoon, Y4-E 2000 GPM, Electric, Panel Control and Wireless 1 Monitor Finish - Painted by OEM 365 0044678 Nozzle, TFT Master Stream 2000 GPM Electric (Old Monsoon)1 366 0075987 Deluge Mount, 4" TFT Monsoon/Typhoon for RC4 Extend-A-Gun Only 1 367 0750981 Crosslay Module, Full Width, Roll Up Doors, HLR Notch, PUC 1 368 0750897 Doors, Crosslay, Roll-up Amdor, Each End, Full Height, PUC 1 Color, Roll-up Door - AMDOR Painted to Match Lower Body 5/12/2022 10:30 AM Page 11982Bid #: Line Option Type Option Description Qty 368 Latch, Roll-up Door - Non-Locking Liftbar Door Guard - Drip Pan Required 369 0747660 Lights, Crosslay Compt, Forward LED, 2Lts 1 370 0750916 Crosslays, (2) 1.50", W/Poly Trays, PUC 1 Crosslay/Deadlay/Speedlay Capacity 1 - 200' of 1.75" double jacket hose 371 0747055 Not Required, 2.50" Crosslay 1 372 0746688 Trough, Aluminum, Long Tool Storage, Upper Crosslay Module, Special Size, PUC 2 Size - to be determined Qty - 2 Location, Trough - in upper crosslay 373 0729571 Tube, Aluminum, Pike Pole, Special Ny Style Notch, Upper Crosslay Module, PUC 2 Qty, Pike Pole Tubes - 02 Location, Tube - in the upper crosslay module to be determined 374 0743959 SP MODIFICATION, Decrease Wheelbase 0.50"1 375 0676021 Foam Sys, Husky 3, Single Agent, PUC, Multi Select Feature 1 Discharge, Foam Locations - Crosslay Lower Rear, Crosslay Lower Front, Front Bumper Left Side, Rear Outlet Left Side and Rear Outlet Right side in board 376 0012126 Not Required, CAF Compressor 1 377 0592527 Refill, Foam Tank, Integral, Husky 3 1 378 0031896 Demonstration, Foam System, Dealer Provided 1 379 0020148 Foam Cell, 30 Gallon, Reduce Water 1 Type of Foam - Class "A" Foam, Brand Name - any brand 380 0697589 Drain, 1.00", Foam Tank #1, Husky 3 Foam System, Quarter Turn 1 381 0091079 Not Required, Foam Tank #2 1 382 0091112 Not Required, Foam Tank #2 Drain 1 383 0746447 Approval Dwg, All Pump Panel(s), Includes Color And Label Tags 1 Num Of Truck(s) or Sim Unit, ALL Pump Pnl, Dwg - 03 384 0032479 Pump Panel Configuration, Control Zone 1 385 0516977 Material, Pump Panels, Operators Black Vinyl, Sides Brushed Stainless, PUC 1 386 0516978 Pump and Plumbing Access, Simple Tilt Service, PUC 1 387 0618458 Light, Pump Compt, Wln 3SC0CDCR LED White, PUC 1 Qty, - 01 388 0516983 Gauges, Engine, Included With Pierce Pressure Controller, PUC 1 389 0005601 Throttle, Engine, Incl'd w/Press Controller 1 390 0739224 Indicator Light @ Pump Panel, Throttle Ready, Incl w/Pressure Gov/Throttle,Green 1 391 0549333 Indicators, Engine, Included with Pressure Controller 1 392 0770771 Cold Climate Pkg, Gauge Htr,Water Htr,Diesel Htrs,Rubber, Improved Clearance,PUC 1 393 0511078 Gauges, 4.00" Master, Class 1, 30"-0-600psi 1 394 0511100 Gauge, 2.00" Pressure, Class 1, 30"-0-400psi 1 395 0756688 Gauge, Water Level, Pierce, In pressure Controller, w/Mini Slave, PUC, Lt Driver 1 Activation, Water Level G - pb) parking brake is applied 396 0604028 Water Level Gauge, FRC, MaxVision WLA280-A00 Programmable Remote Display 2 Location - one each side of the crew cab behind the crew cab door Qty, - 02 Activation, Water Level G - pb) parking brake is applied 397 0517012 Gauge, Foam Level, Pierce, PUC, PP and Mini in Cab 1 Activation, Foam Level Gauge - pump in gear 398 0653081 Light, Pump Operator & Panel, Side Ctrl, PUC, 60354C LED Cab & LED OH Chr Cvr 1 399 0606694 Air Horns, (2) Hadley, 6" Round, In Bumper 1 400 0606834 Location, Air Horns, Bumper, Each Side, Outside Frame, Inboard (Pos #2 & #6)1 401 0016065 Control, Air Horn, Horn Ring, PS Chrome Push Button 1 402 0525667 Siren, Wln 295SLSA1, 100 or 200 Watt 1 403 0510206 Location, Elect Siren, Recessed Overhead In Console 1 Location, Elec Siren - Overhead, DS Center Sw Pnl 404 0076156 Control, Elec Siren, Head Only 1 405 0722086 SP Speaker, (2) Wln, SA315P, w/Pierce Black Painted Grille, Painted Bezel, 100 watt 1 Connection, Speaker - siren head 406 0605153 SP Location, Recessed in the Front Bumper, Driver and Passenger Side Corners 1 5/12/2022 10:30 AM Page 12982Bid #: Line Option Type Option Description Qty 407 0895310 Siren, Federal Q2B 1 Finish, Q2B Siren - Black Chrome 408 0006097 Location of Siren, Recessed in Bumper 1 Location, Siren, Mech - a) Left 409 0748305 Control, Mech Siren, Multi Select 1 410 0748282 Control Mech Siren, Ft Sw LS 1 411 0740391 Sw, Siren Brake, Momentary Chrome Push Button, RS 1 412 0746353 Not Required, Warning Lights Intensity 1 413 0754227 SP Lightbar, Wln, Freedom IV-Q, 81", RRRWRWR_Opt_BWBWBBB 1 Opticom Priority - b) High Opticom Activation - Cab Switch & E-Master Momentary Opticom Activation - No Activation Filter, Whl Freedom Ltbrs - No Filters 414 0602314 SP Lightbars, Wln, Freedom IV, 2-21.5", RRRR BBBB 1 Lightbar Location, Cab/Crew Cab - c)over the cab doors Filter, Whl Freedom Ltbrs - No Filters 415 0743350 Light, Front Zone, Wln 6RB** 6RB** 6RB** 6RB** LED, 4lts Q Bezel 1 Color, Lens, LED's - Clear Color, Lt DS Frnt Outside - DS Front Outside Red Color, Lt PS Frnt Outside - PS Front Outside Blue Color, Lt DS Front Inside - Left White Color, Lt PS Front Inside - Right White Color, Q Bezel and Trim - Polished Chrome 416 0757440 Light, Front, Roto Ray 4000W, PAR46 LED, 2-R, 1-W, Hidden Mt Top Section Grl 1 417 0653937 Flasher, Headlight Alternating 1 Headlt flash deactivation - a)w/high beam 418 0756056 SP Lights, Side Zone Lower, Wln C6L**, Blk Trim, 6lts 1 Location, Lights Front Side - b)each side bumper Color, Lens, LED's - Clear Location, Lights Mid Side - Rearward of Crew Cab Doors Location, Lights Rear Side - Over Rear Wheels Color, Lt Side Front, DS - Left Red Color, Lt Side Front, PS - Right Blue Color, Lt Side Mid DS - Left Red Color, Lt Side Mid PS - Right Red Color, Lt Side Rear PS - Right Blue Color, Lt Side Rear DS - Left Red 419 0895994 Lights, Door Interior Flash, 4 Dr Cab, Wln M4**1 Color, Lens, LEDs - Clear Color, Trim - Black Trim Control, Door Int Flash - Ignition Switch Location, Light, Door Int Flash - Low and Outside Color, Lt Cab Left - Amber Flashing Color, Lt Cab Right - Amber Flashing Color, Lt Crew Cab Left - Amber Flashing Color, Lt Crew Cab Right - Amber Flashing 420 0895609 Connectors, Door Interior Flash, All Cabs, Butt Splice 1 421 0776270 Lights, Side, Wln C6L** LED 1st 4 Location, Lights - on the side sheets forward and rearward behind the ladder rack and one each side rear of the crew cab doors Qty, - 04 Color, Lights, Warning - Red Flashing Color, Lens, LED's - Clear 422 0663672 Lights, Side, Wln WIONSMD LED, Black Flne, Splt Rd/Wht, Through Rub Rail 4 Location, Lights - centered on all four side rub rails Qty, - 04 Control, Light - b) side warning 423 0748871 SP Lights, Side Wln Tracer Model TCRHD5 Duo Light Array, Five Modules, Locations 2 Location - recessed in the side sheet on the DS and in the HLR panel on the PS Qty, Lights - 02 Color, LEDs 1st - Red Color, LEDs 2nd - Red 5/12/2022 10:30 AM Page 13982Bid #: Line Option Type Option Description Qty 424 0778301 Lights, Rear Zn Lwr, Wln C6L** LED, For 3 or 4 Bezel 1 Color, Lens, LED's - c)clear Color, Lt DS Rear - Red Color, Lt PS Rear - Blue 425 0762065 SP Lights, Rear/Side Up Zone, Wln C6L** Side , C9L** Rear, 4lts 1 Color, Lens, LED's - Clear Color, Lt, Side Rear Upper DS - Side Rear Upper Red Color, Lt, Side Rear Upper PS - Side Rear Upper Blue Color, Lt, Rear Upper DS - r) DS Rear Upper Red Color, Lt, Rear Upper PS - b) PS Upper Rear Blue 426 0006551 Not Required, Lights, Rear Upper Zone Blocking 1 427 0590000 No Hose Bed Warn Light Brackets Req'd, Lights Mtd on Hatch/Body Compts, PUC 1 428 0791528 Light, Traffic Directing, Wln TAL65, 36.00" Long, TACTL5 1 Activation, Traffic Dir L - Not Connected 429 0551728 Location, Traf Dir Lt, Recessed with S/S Trim 1 430 0530282 Location, Traf Dir Lt Controller, Overhead Switch Panel DS Right End 1 431 0761481 Light Twr, CL SL442D-RT, 12 Volt DC LED, Cld 4lts 1 Light, Strobe, Lt Tower - b) Blue Strobe Light Light, Model LED DC - Whelen PFH2 Back Light - No Back Lighting 432 0664471 Location, Light Tower, Cargo Area 1 433 0664794 Controller, Light Tower, CL, Wired Handheld 1 434 0664791 Location, Light Tower Controller, Driver's Side Front Body Compartment 1 435 0779722 Receptacle, 15/20A 120V 3-Pr 3-Wr, NEMA 5-20R SB Dup, 1st, Interior Body 2 Qty, - 02 Location 1 - to be determined AC Power Source - Shoreline Cover, Receptacle - Ivory Recp and SS Wall Plate 436 0519934 Not Required, Brand, Hydraulic Tool System 1 437 0649753 Not Required, PTO Driven Hydraulic Tool System 1 438 0007150 Bag of Nuts and Bolts 1 Qty, Bag Nuts and Bolts - 1 439 0602516 NFPA Required Loose Equipment, Pumper, NFPA 2016, Provided by Fire Department 1 440 0602407 Soft Suction Hose, Provided by Fire Department, Pumper NFPA 2016 Classification 1 441 0027023 No Strainer Required 1 442 0602538 Extinguisher, Dry Chemical, Pumper NFPA 2016 Class, Provided by Fire Department 1 443 0602360 Extinguisher, 2.5 Gal. Pressurized Water, Pumper NFPA 2016,Provided by Fire Dept 1 444 0602679 Axe, Flathead, Pumper NFPA 2016 Classification, Provided by Fire Department 1 445 0602667 Axe, Pickhead, Pumper NFPA 2016 Classification, Provided by Fire Department 1 446 0741569 Paint Process / Environmental Requirements, Appleton 1 447 0709846 Paint, Two-Tone Color, Velocity/Impel 1 Paint Color, Upper Area, Predefined - #90 red Shield, Cab - High Shield-Velocity/Impel Paint Color, Lower Area, Predefined - #101 Black Paint Break, Cab - Standard Two-Tone Cab Break 448 0709833 Paint, Two-Tone Color, Body 1 Paint Break, Body - Body Seam/Catwalk Paint, Lower Body - Match Cab Lower Paint, Upper Body - Match Cab Upper 449 0646901 Paint Chassis Frame Assy, With Liner, E-Coat, Standard 1 Paint Color, Frame Assembly, Predefined - silver 450 0693797 No Paint Required, Aluminum Front Wheels 1 451 0687653 Paint, Rear Wheels, Single Axle, Alum-Stl 1 Paint, Wheels - Black #101 452 0733739 Paint, Axle Hubs 1 Paint, Axle Hub - Black #101 453 0743596 SP Paint, FormCoat, Black, PUC Style Ladder, Rear of Body 1 454 0730989 SP Paint, FormCoat, Black, Front Body Bulkheads 1 455 0732396 Paint, FormCoat, Black, Top of Body Compartments, Pumpers 1 456 0736513 SP Coating, UL-LX Black, Running Boards, Vertical Edges Only, PUC 1 457 0895193 SP Paint, FormCoat, Black, Step Area Rear of Hatch Compartments 1 5/12/2022 10:30 AM Page 14982Bid #: Line Option Type Option Description Qty 458 0894338 SP Paint, FormCoat, Black, Treadplate Top of Crosslay Module, PUC 1 Location - full width 459 0889113 SP Coating, FormCoat, Door Roll Cover, w/Roller Shutter HB Cover, Black 1 460 0741515 SP Paint, FormCoat, Black, Top of Hatch Compartments 1 461 0732941 SP Coating, UL-LX, Fuel/DEF Areas, Black, Interior Only 1 462 0733840 SP Paint, Drip Rail, Cab, Special Color 1 Color, Paint - black 101 463 0741517 Paint, FormCoat, Black, Tailboard 1 464 0895191 SP Paint, FormCoat, Forward Crosslay Bulkheads, Exterior, PUC 1 465 0895189 SP Paint, FormCoat, Pump Panel Surround, PUC 1 466 0639088 Compartment Paint, 909017, Nightspots 1 467 0544129 Reflective Band, 1"-6"-1"1 Color, Reflect Band - A - i) gold Color, Reflect Band - B - t) gold Color, Reflect Band - C - ze) gold 468 0568574 Stripe, Reflective, Chevron, Front Bumper 1 Color, Reflect Band - A - c) ruby red Color, Reflect Band - B - p) black Size, Chevron Striping - 06 469 0593732 Stripe, Chevron, Rear, Diamond Grade, Pumper, PUC 1 Color, Rear Chevron DG - fluorescent yellow green 470 0567374 Stripe, Black Outline each Chevron Stripe @ Rear (Not Warranted)1 471 0065687 Stripe, Reflective, Cab Doors Interior 1 Color, Reflective - i) gold 472 0033179 Lettering Specifications, Reflective 1 473 0686141 Lettering, Reflective, 5.00", (1-20)1 Outline, Lettering - Outline and Shade 474 0686082 Lettering, Reflective, 3.00", (1-20)1 Outline, Lettering - Outline and Shade 475 0685993 Lettering, Reflective, 10.00", Each 4 Qty, Lettering - 04 Outline, Lettering - Outline and Shade 476 0686042 Lettering, Reflective, 2.00", Each 26 Qty, Lettering - 26 Outline, Lettering - Outline and Shade 477 0686013 Lettering, Reflective, 6.00", Each 16 Qty, Lettering - 16 Outline, Lettering - Outline and Shade 478 0741843 Lettering, Reflective, Full Width Mud Flap, 1 Color 1 Configuration - Engine 21 Font, Lettering, Mud Flap - Full Block Outline, Lettering, Mud Flap - White Outline Color, Lettering, Mud Flap - Ruby Red 479 0618623 SP Emblem, Ghost American Flag, Reflective, Pair 1 Qty, - 1 Location, Emblem - on the corner of the cab in the reflective stripe 480 0654570 Emblem, Vinyl, Per Dept. Submittal, Each 2 Qty, - 02 Location, Emblem - cab doors Size, Dept Seal, Vinyl - 22"-24" 481 0635769 E-Coat, Under Body/Chassis Component Package, PUC 1 Paint Color, E-Coat - Black 482 0003079 Rust proof/Undercoat, Cab & Body w/Roll-up Doors, Ziebart 1 483 0771692 Manual, Fire Apparatus Parts, (1) USB Flash Drive, Multi Unit Order, Custom 1 Mult Trk Cr, Parts Manual - 1 Elect - 3 Trucks 484 0771956 Manual, Chassis Service, (1) USB Flash Drive, Multi Unit Order, Custom 1 Mult Trk Cr, Serv Manual - 1 Elect - 3 Trucks 485 0773381 Manual, Chassis Operation, (1) USB Flash Drive, Custom 1 486 0030008 Warranty, Basic, 1 Year, Apparatus, WA0008 1 487 0611136 Warranty, Chassis, 3 Year, Velocity/Impel, WA0284 1 488 0696698 Warranty, Engine, Cummins, 5 Year, WA0181 1 489 0684953 Warranty, Steering Gear, Sheppard M110, 3 Year WA0201 1 490 0595767 Warranty, Frame, 50 Year, Velocity/Impel, WA0038 1 5/12/2022 10:30 AM Page 15982Bid #: Line Option Type Option Description Qty 491 0595698 Warranty, Axle, 3 Year, TAK-4, WA0050 1 492 0733306 Warranty, Single Axle, 5 Year, Meritor, General Service, WA0384 1 493 0652758 Warranty, ABS Brake System, 3 Year, Meritor Wabco, WA0232 1 494 0019914 Warranty, Structure, 10 Year, Custom Cab, WA0012 1 495 0744240 Warranty, Paint, 10 Year, Cab, Pro-Rate, WA0055 1 496 0524627 Warranty, Electronics, 5 Year, MUX, WA0014 1 497 0744215 Warranty, FRC, Camera System 1 498 0708760 Warranty, Not Applicable, LED Strip Lights 1 499 0046369 Warranty, 5-year EVS Transmission, Standard Custom, WA0187 1 500 0685945 Warranty, Transmission Cooler, WA0216 1 501 0688798 Warranty, Water Tank, Lifetime, UPF, Poly Tank, WA0195 1 502 0596025 Warranty, Structure, 10 Year, Body, WA0009 1 503 0693126 Warranty, AMDOR, Roll-up Door, 10 Year/5 Year Painted, WA0185 1 504 0516693 Warranty, Pump, Pierce, PUC, 6 Year Parts, 1 Year Labor, WA0039 1 505 0648675 Warranty, 10 Year S/S Pumbing, WA0035 1 506 0657990 Warranty, Foam System, Husky 3, WA0231 1 507 0595820 Warranty, Paint, 10 Year, Body, Pro-Rate, WA0057 1 508 0595412 Warranty, Graphics Lamination, 1 Year, Apparatus, WA0168 1 509 0683627 Certification, Vehicle Stability, CD0156 1 510 0736237 Certification, Engine Installation, Velocity, Cummins X12, 2021, CD0171 1 511 0686786 Certification, Power Steering, CD0098 1 512 0667417 Certification, Cab Integrity, Velocity FR, CD0009 1 513 0548950 Certification, Cab Door Durability, Velocity/Impel, CD0001 1 514 0548967 Certification, Windshield Wiper Durability, Impel/Velocity, CD0005 1 515 0667411 Certification, Electric Window Durability, Velocity/Impel FR, CD0004 1 516 0549273 Certification, Seat Belt Anchors and Mounting, Imp/Vel/Vel SLT, CD0018 1 517 0735950 Certification, Cab HVAC System Perf, Vel/Imp FR, CD0166/CD0168/CD0176/CD0177 1 518 0545073 Amp Draw Report, NFPA Current Edition 1 519 0002758 Amp Draw, NFPA/ULC Radio Allowance 1 520 0799248 Appleton/Florida BTO 1 521 0000048 PUMPER/TANKER, 3rd Gen 1 522 0000012 PIERCE CHASSIS 1 523 0004713 ENGINE, OTHER 1 524 0046396 EVS 4000 Series TRANSMISSION 1 525 0520324 PIERCE PUMP, PUC 1 526 0020009 POLY TANK 1 527 0028048 FOAM SYSTEM 1 528 0020006 SIDE CONTROL 1 529 0020007 AKRON VALVES 1 530 0020014 FRONT SUCTION 1 531 0020015 ABS SYSTEM 1 532 0658751 PUMPER BASE 1 5/12/2022 10:30 AM Page 16982Bid #: Component List Customer:Eden Prairie Spec Number:6510 Address:14800 Scenic Heights Rd Job Number: City, State Zip:Eden Prairie MN 55344 Spec Date:May 11, 2022 Contact:Ward Parker, Assistant Chief Body:Rsq Sqd, Alum, 114 Sales Rep:Brad White Chassis:Ford F550 - 4x4 - Gas - 4 Door Dealership:Tank:500 Gallons, Poly Line Option Qty Description 001 204235.1 1 Paint Layout (Cab Split Color) 002 100035.2 1 Ford F550 - 4x4 - Gas - 4 Door (2022.2) 003 203807.1 1 Chassis 60" CA 004 100037.2 1 Power Package (Electric Windows, Locks, Mirrors) 005 100038.1 1 XL Value Package 006 204151.1 1 Dual Alternators 007 203918.1 1 Chassis Fleet/Government Incentive Discount 008 100406.1 1 Severe Duty Chassis Axle Upgrade Kit 009 100046.1 1 Suspension System, FORD, 4x4, 6", 4 Link 010 204208.2 1 Tires and Wheels (Three Piece Alum), Super Single 365/80 R20 (4), 011 100057.1 1 NO -- Spare / Mount 012 203452.1 1 Skeeter Aluminum Custom Bumper, Bed Lined BLACK 013 763451.3 1 Siren, Federal Q2B, Black 014 100058.1 1 Mud Flaps, Rear Wheels, SBT Logo 015 100063.1 1 1/4" Skid Protection Panel 016 100065.1 1 Transfer Case, Skid Protection Panel, SMALL CHASSIS 017 763455.3 1 Seats, (2) Bostrom Non-SCBA Buckets, Outboard, Crew Cab, Ford 018 203901.1 1 Electric Fold Down Steps, Amp Research 019 100086.2 2 Cab Console, Poly, Custom 020 100372.1 1 NO -- Cab 2nd Row Poly Compartment 021 100082.1 1 Winch, Warn, #M16ti, Electric, Front Mount, 16,500# 022 100178.1 1 Receiver, Rear, Winch/Rope/Trailer, 10,000# 023 204302.1 1 Pump Darley, 2.5 AGE 37V Gas 024 100423.1 1 Thermal Relief Valve 025 100272.1 1 Standard Stainless Steel Manifold 026 100285.1 1 Valves, S/S, Quarter Turn 027 100483.1 1 Hose Threads 028 100263.1 1 Exhaust System, Vertical, Rain Cap, Aux Pump 029 100307.1 1 Primer, Electric, Aux Pump, Additional or IPOS 030 100266.2 1 Pump Enclosure - Diesel Pump 031 100265.1 1 Pump Control Panel Enclosure 032 100418.1 1 Remote Pump Control in Cab, (Electronic), Gas Pump 033 100267.1 1 Pump Fuel from Chassis 034 100256.1 1 Battery Supply, 12V, Chassis, Master Switch & Solenoid 035 100255.1 1 Aux Fire Pump Mntg, P/S Rear, Bolted 036 100254.1 1 Pump Engine Oil Drain 037 100253.1 1 Pump Drain, Master Drain--Low Point 038 100273.1 1 Upgrade Manifold for Bumper Discharges 039 100270.1 1 Intake, Gated, 2.5"FM, Rear, w/2.5" Plug, Aux Pump, Direct Vlv Cntrl Skeeter Brush Trucks Page 1 05/11/2022 040 100415.1 1 Tank-To-Pump, Electric, 2.5" Remote 041 100281.1 1 Tank Fill and Cooling Line, Water Tank, 1", Aux Pump 042 100278.1 1 Discharge, .75"GH, Rear, Garden Hose Outlet 043 100274.1 1 Discharge, 2.5", Rear, 2.5"FM x 1.5"M, 1.5" cap 044 100442.2 2 Discharge, 1.5", Crosslay, Pre-connect 045 100441.3 1 Discharge, 1.5", Front Body (Through Tank) 046 204370.1 1 Air Blow Out for Winterization 047 100643.1 1 Hose Reel, Hannay, Center Mount Over Pump, Elec Rewind, Alum 048 100292.1 1 150 Foot Reel Capacity 049 100295.1 1 Hose Reel Discharge, 1" Valve and Flex-Hose, Local Cntrl 050 100302.1 1 Nozzle Mounting 051 100297.1 1 Hose, Water, 300#, 1" x 150' 052 100303.1 1 Roller, Hose Reel, Top 053 100280.1 1 Ground Sweep Discharges, Front Bumper 054 100499.2 1 Bmpr Monitor, Tornado 055 100306.1 1 No -- Whip Lines 056 100261.1 1 Foam System, FoamPro, 1601, Class A 057 100226.1 1 Water Tank Gauge, Class 1, Rear & Cab 058 100202.1 1 Water Tank Capacity, 500 Gallons, Poly 059 100203.4 1 Water Tank, Specs 060 100205.1 1 Water Tank, NFPA Compliance 061 100206.1 1 Tank Gauge, Translucent Tank Sight Level 062 100207.1 1 Fill Tower, Water Tank, 12" x 12" x 6", D/S Rear Corner 063 100209.1 1 Overflow, Water Tank, 3" PVC Pipe, <500G 064 100211.1 1 NO -- Water Tank Sump 065 100216.1 1 Water Tank Drain Plug, 1.5" 066 203831.2 1 Tank Access Ladder, 1" Aluminum Tubing 067 100223.6 1 Perimeter Wall Around Tank 068 763506.3 1 Foam Tank Capacity, 50 Gallons, Poly 069 100232.1 1 Foam Tank, Fill and Vent, Class A 070 100233.1 1 Foam Tank to Foam System, 3/4" 071 100239.1 1 Foam Tank Gauge, Class 1, Class A, Rear & Cab 072 203917.1 1 Rescue Squad, Alum, 114" x 96", 60" CA, Painted, Full RSQ Side 073 203802.1 1 Diamond Plate Finish Body and Compartments/Trays 074 100121.1 1 Front of Body, 45 deg Corners 075 100457.3 2 Transverse Hose Bed, Front of Tank 076 100142.1 1 NO -- Compartment, Driver's Side 077 100146.1 1 NO -- Compartment, Passenger Side 078 100150.1 1 NO -- Underbody Compartments, Front Body 079 100154.1 1 NO -- Underbody Compartments, Rear 080 204342.2 1 SCBA Bottle Storage, Wheel-Wells (2) 081 100159.1 1 Rear Center Under Body Compt, Drop Down Door 082 100166.1 1 Equipment Tray, Alum, UHMW slide 083 100160.1 1 Compartment Ventilation 084 100161.1 1 Key Locks, Compartments, Hinged Doors 085 100720.1 1 Compartment Lights, LED Strip Light 086 100163.1 1 Compartment Light Door Switches, Automatic 087 100164.1 1 Door Ajar Light, Flashing, Red LED 088 100170.1 1 NO -- Hose Tray, Drivers Side 089 100173.1 1 NO -- Hose Tray, Passenger Side 090 100176.1 1 Tool Tray, Passenger Side, 64 in. long 091 204264.1 1 Tool Tray, Drivers Side, 64 in. long 092 204232.1 1 Turtle Tile Delete Skeeter Brush Trucks Page 2 05/11/2022 093 100180.1 1 Rear Step, Pull out and drop down 094 100181.1 1 Step, Sig-4, Folding, Lighted, DS REAR(1) 095 100692.1 1 Side Body Access Steps, Stirrup (2) 096 100693.1 1 Tank Access Step 097 763537.3 1 Handrail, Extra - 12" Long, Hansen Knurled, Black 098 100325.4 1 Fuse Box 099 100326.1 1 Chassis Harness 100 100327.1 1 Wiring Harness, Body Electrical 101 100090.1 1 Battery Master Disconnect, 12V 102 100094.1 1 Battery Charger and Shore Power Plug, Kussmaul 1000 and Auto-Eject 103 203897.1 1 120v Power Provisions 104 100328.1 1 Clearance Lights, LED, DOT 105 100329.1 1 License Plate, Mount, Lighting 106 100330.1 1 Stop/Tail/Turn Lights, Whelen M6BTT/M6FC 107 100331.1 1 Back up Lights, Whelen M6 Series, LED, 108 100096.1 1 Trailer Hitch Power Plug, 12V, 7 Prong 109 100071.1 1 Ground Lights, Front Bumper, LED (2) Grote #63871 110 200312.1 1 Ground Lights, Cab, 4 Door, LED STRIPS 111 100183.1 1 Ground Lights, Under Rear Step, LED (2), Grote #63871 112 100184.1 1 Body Work Lights, LED, (4), Grote #63871 113 204184.1 1 Scene/Smoke Light, Combo, Vision X, 20" 114 100322.1 1 Scene Light, (6) Rigid Dually 115 763555.3 1 Scene Lights, HiViz Two (2) 116 100323.1 1 Scene Light, Rigid Dually, Spot, Monitor 117 100104.1 1 NO -- GPS 118 100503.1 1 Tilt Meter 119 100108.3 1 Back-Up Camera, Rear View Safety, (2) cameras 120 100099.1 1 Radio, Fire, Installation, Purchaser Supplied 121 100620.1 1 Radio, Fire, Installation, Purchaser Supplied - Antenna Only 122 100101.1 1 NO -- Intercom System 123 100324.1 1 Back Up Alarm 124 203773.1 1 Whelen Cencom Carbide, Electronic Siren 125 100313.1 1 Speaker, Whelen, #SA315P, 100 Watt 126 100310.1 1 Lightbar Mounting, Headache Rack, Alum, Enclosure Protection 127 763567.4 1 Opticom in Lightbar 128 100315.1 1 Warning Lights, Whelen, M-7 Series (12) Lights 129 763569.3 1 Heater, Electric, 12VDC RoadPro 300 Watt Ceramic, Johnson Controls Thermostat 130 100335.1 1 Door Graphic Emblems, (2) Custom 131 203904.1 1 No Cab Roof Lettering 132 100337.1 1 Stripe, Cab/Body, Single Reflective, 4" 133 100340.1 1 NO -- Keep Back Lettering 134 100343.1 1 Stripe, Reflective, SCOTCHLITE, Chevron, Front Bumper, Alum Bumper 135 100345.1 1 Stripe, Reflective, SCOTCHLITE, Chevron, Rear 136 100346.1 1 Capacities Placard, Reflective 137 100347.1 1 NO -- Nozzles 138 100349.1 1 NO -- Spanner Set 139 100196.1 1 Final Assembly, Skeeter Brush Trucks, Hillsboro, TX 140 100136.1 1 Emblems, Skeeter Brush Trucks (5) 141 100135.1 1 Label, Data, "Do Not Ride On Rear Step" 142 100042.1 1 Label, Data, Seat Belt, Chassis Manufacturer Supplied 143 100043.1 1 Label, Noise Danger, Personnel 144 100041.1 1 Label Seating (Based upon # of Seated Positions) 145 100040.1 1 Chassis Prep, Commercial Chassis Skeeter Brush Trucks Page 3 05/11/2022 146 100361.1 1 Operational Pump Test, SBT 147 100362.1 1 12V Electrical Load Analysis 148 100363.1 1 NFPA Certificate 149 100365.1 1 Road Test, 10 miles 150 100366.1 1 Skeeter Warranty, 5-Year Parts & Labor, 10-Year Body Integrity 151 100369.1 1 Tank Warranty, Limited Lifetime 152 204186.1 1 Skeeter Warranty, 1-Year Parts & Labor, 1-Year Body Integrity 153 100368.1 1 Pump Warranty, 3-Year Parts & Labor Detail 154 100351.1 1 Pre-Construction Conference, At Factory 155 100651.1 1 Apparatus Drawings 156 100353.1 1 Payment Terms, 100% on Delivery and Acceptance 157 100356.1 1 Training, Factory Supplied, Factory location 158 100358.1 1 Delivery, Purchaser Pickup Skeeter Brush Trucks Page 4 05/11/2022 EM-102 May 12, 2022 Chief of Operations Ward Parker City of Eden Prairie 14800 Scenic Heights Road Eden Prairie, MN 55344 Subject: Proposal for: Three (3) Pierce Velocity PUC Pumper Proposal/Bid 982 Two (2) Skeeter Ford F550 Rescue Squad Spec Number 6510 Dear Chief Parker, With regard to the above subject, please find attached our completed proposal. Pricing, is as follows, including 100% prepay option. Pricing Summary: Sale Price – $3,300,000.00* = $1,100,000.00ea x3 Pierce Velocity PUC Pumpers $800,000.00* = $400,000.00ea x2 Skeeter F550 Rescue Squads ($90,000.00) = Trade-In Allowance** (Engine 12, VIN 4EN6AAA8991004993) ($80,000.00) = Trade-In Allowance** (Engine 22, VIN 4EN6AAA8151009695) ($30,000.00) = Trade-In Allowance** (Engine 31, VIN 4EN6AAA8551009697) ($65,000.00) = Trade-In Allowance** (Engine 41, VIN 4EN6AAA8X61001015) (Trade-Ins subject to Trade-In Terms and Policy) $3,835,000.00* Net Price after Trade-Ins *Houston-Galveston Area Council (HGAC) Consortium Pricing. 100% Performance Bond Pierce Units Only: Included in the above Pierce Velocity PUC Pumpers pricing. NET 180 Days Prepayment Option: Should the City of Eden Prairie elect to make a NET 180 Days prepayment from contract execution, a discount of ($106,773.00) can be subtracted from the above “Net Price After Trade-Ins” resulting in a revised contract price of $3,728,227.00. Terms and Conditions: Taxes – Freight – Terms – Delivery – Not Applicable F.O.B. – Appleton, WI (Pierce); Hillsboro, TX (Skeeter) Shipping to Eden Prairie, MN Net due prior to vehicle(s) release at the Pierce Manufacturing Plant (Appleton, WI) and/or from Skeeter Manufacturing Plant (Hillsboro, TX). $3,728,227.00 due 180 days after contract execution for Prepay discount to be applicable. Pierce Unit – 26 months from receipt and acceptance of contract. Skeeter Unit – 18 months from receipt and acceptance of contract. TRADE‐IN TERMS: -Agreement with Brindlee Mountain Fire Apparatus to purchase the four (4) units to be! delivered upon delivery of the new replacement units -MacQueen will provide agreed to trade‐in value up front at contract signing and applied as!credit to purchase price of new units -Brindlee Mountain Fire Apparatus will market the units exclusively at a priced determined by!MacQueen or Brindlee Mountain Fire Apparatus. If the units sell before the guaranteed trade!value is enacted, the customer will pay Brindlee Mountain Fire Apparatus 10% consignment!fee of the sale price and Eden Prairie will pay MacQueen the trade value as show above!immediately upon the sale of each unit.-Eden Prairie will have the right to sell within the State of Minnesota up until the delivery of!the new units on leads generated by the Eden Prairie Fire Department. Any leads!generatedby Eden Prairie for the state of Minnesota will need be communicated!immediately toMacQueen Emergency for documentation. If the lead is generated through!BrindleeMountain the 10% consignment fee will apply. -Seller shall provide a pump test certificate and, if applicable, an annual aerial inspection!report for the apparatus dated within 30‐days prior to the release date with satisfactory!results including proper operation of the pressure governor, relief valve, and primer.-Seller represents and warrants that the description, condition, and specifications of the! apparatus are true and correct. Vehicle is to be equipped and in similar condition as!reviewed at the time of sale. Any excessive wear or damage will result in a reduction of the!purchase value or refusal of the used apparatus. -All components such as tires, brakes, batteries, glass, sheet metal, etc., to be in similar!condition as reviewed at the time of sale. Vehicle to be in similar operating conditions as!reviewed at the time of sale. -The truck is roadworthy and fully operational at the time of sale. -The vehicle will pass a standard DOT annual safety inspection and will be free of any frame!or sub‐frame corrosion or damage.-Seller represents and warrants that all prior damage of any type (including but not limited to!collision, fire, and flood) has been disclosed to MacQueen prior to Seller's acceptance of this!offer. Seller shall immediately disclose to MacQueen any damage to the Apparatus!occurringafter Seller's acceptance of this offer. In the event of such damage, at BMFA's!option thepurchase price of the Apparatus shall be adjusted downward to account for such!damageand Seller and BMFA shall negotiate in good‐faith to determine the amount of such!purchase price adjustment.Trade-In Policy: -Agreement with Brindlee to purchase the 4 units to be delivered upon delivery of the new replacement unit. -MacQueen will provide agreed to trade-in value up front at contract signing and applied as!credit to purchase price of new units-Seller shall provide a pump test certificate and, if applicable, an annual aerial inspection!report for the apparatus dated within 30-days prior to the release date with satisfactory!results including proper operation of the pressure governor, relief valve, and primer.-Seller represents and warrants that the description, condition, and specifications of the!apparatus is true and correct. Vehicle is to be equipped and in similar condition as reviewed!at the time of sale. Any excessive wear or damage will result in a reduction of the purchase!value or refusal of the used apparatus.-All components such as tires, brakes, batteries, glass, sheet metal, etc., to be in similar! condition as reviewed at the time of sale. Vehicle to be in similar operating conditions as!reviewed at the time of sale.-The truck is roadworthy and fully operational at the time of sale.-The vehicle will pass a standard DOT annual safety inspection and will be free of any frame!or sub-frame corrosion or damage. -Seller represents and warrants that all prior damage of any type (including but not limited to collision, fire, and flood) has been disclosed to MacQueen prior to Seller's acceptance of thisoffer. Seller shall immediately disclose to MacQueen any damage to the Apparatus occurringafter Seller's acceptance of this offer. In the event of such damage, at BMFA's option the purchase price of the Apparatus shall be adjusted downward to account for such damage andSeller and BMFA shall negotiate in good faith to determine the amount of such purchase priceadjustment. Said apparatus and equipment are to be built and shipped in accordance with the specifications hereto attached, delays due to strikes, war, or international conflicts, or other causes beyond our control not preventing, could alter the delivery schedule. The specifications herein contained, shall form a part of the final contract, and are subject to changes as desired by the purchaser, provided such changes are acknowledged and agreed to in writing by the purchaser. This proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of bid, except as modified by customer specifications. The attached proposal is valid until May 25, 2022. We trust the above and the enclosed to be full and complete at this time; however, should you have any questions or require additional information, please do not hesitate to contact me at 920-450-4094 or brad.white@macqueengroup.com . We wish to thank the City of Eden Prairie for the opportunity to submit our proposal. Respectfully, Brad White Brad White, Apparatus Sales MacQueen Equipment LLC DBA MacQueen Emergency Group CITY COUNCIL AGENDA SECTION: Consent Calendar DATE May 17, 2022 DEPARTMENT / DIVISION Police, Chief Matt Sackett ITEM DESCRIPTION Approval of Fencing Consortium JPA ITEM NO. VIII.H. Requested Action Move to: Approve Fencing Consortium JPA Synopsis The seven-county metro area has formed a Fencing Consortium to provide anti-scale fencing. The intent of the Fencing Consortium is to provide anti-scale fencing within hours around potentially impacted government buildings in response to a critical incident. Background In the spring of 2021, a significant number of public agency professionals (with police, fire, public works, and emergency management backgrounds) joined together to form a Fence Working Group to explore the identified challenges and develop a collective path forward. Based on the experience with civil unrest in Minneapolis and Brooklyn Center, the critical role that anti-scale fencing can serve for de- escalation and establishing a space for lawful protests became apparent. That said, it was also found that obtaining anti-scale fencing is a significant challenge due to a number of factors, as well as being very expensive. To respond to this identified need, a Fence Working Group was established. The Fence Working Group’s efforts have led to the formation of a Fencing Consortium. The Fencing Consortium is made up of local government agencies (members) that will;; jointly contract with a fencing vendor for the availability, storage, maintenance, and transportation of anti-scale fencing (including vehicle gates and pedestrian doors). The Consortium will have, at a minimum, enough fencing for the largest police department building in the Consortium. However, the Consortium has the flexibility to increase the amount of fencing, gates, and doors as additional local governments join the Consortium. The intent of the Fencing Consortium is to provide anti-scale fencing within hours, not days, around potentially impacted government building(s) in response to a critical incident. The goal of the anti-scale fencing is to de-escalate the potential tensions and try to reduce/eliminate the non-tangibles associated with civil unrest such as: 1) Provide physical separation between law enforcement and protestors a. Promotes improved mental health environment for all (reduce PTSD) b. Pre-plan and standardize perimeter layout 2) Reduce the need for crowd control measures to be used a. Improved safety for all b. Minimize potential impact on adjacent properties c. Crowd control measures are seen as escalating d. Another tool for law enforcement facilitating peaceful protests 3) Create a space for protesting a. Not seen as officers vs. protestors, but protestors just protesting (including optics) b. Supports efforts to coordinate/communicate with specific protest groups and organizers ahead of time c. Improved distinction between legal protestors and “violent and destructive actors” (I) d. Officers in riot gear and with crowd control measures are more likely to be able to remain out of sight of legal protestors 4) Reduce resource demands committed to one location a. Local law enforcement agencies are too small to handle large-scale civil disturbance b. Potentially need fewer officers for security at the site c. Free up more resources to continue to respond to calls for service in impacted community d. Takes into consideration that protests may be protracted event The purpose and structure of the Fence Consortium is to provide experienced leadership for fence deployment operations across multiple jurisdictions in a unified command structure and coordinate during the deployment of anti-scale fencing. This includes considering and planning for operational logistics and tactical planning associated with fence deployment. The Fence Consortium itself is a multi- agency, pre-planned, coordinated resource management system to continue efforts to minimize multiple local and state agencies from being over-extended. Fence deployment team One of the biggest costs and factors for the deployment of any fence is the labor, equipment, and scheduling of staffing to setup the fence. Because of this the Working Group determined that the best way to meet these challenges is to use the existing Statewide Public Works Mutual Aid Pact to provide the labor and equipment needed to deploy the fence. Just like police and fire use existing mutual aid agreements during civil unrest, public works would do the same. One key reason for this is that the JPA can leverage these other existing mutual aid agreements when it comes to labor considerations. Each Consortium member would need to provide between 1 and 3 people who would be assigned to the Fence Deployment Team. This team would train 3 times a year (2 times in person) so that when the call to deploy the fence was made, everyone would be familiar with what needed to be done and it could be done as efficiently as possible. Each Consortium member would cover the costs, including if there was a deployment (likely overtime), of their staff on the Fence Deployment Team. Considerations will be made for really small public works departments (just a few members) or agencies with no public works staff. State funding request The Fence Consortium has requested $5 million dollars from the State of Minnesota for the purchase of anti-scale fencing and associated vehicle gates and pedestrian doors. If obtained, the State funding for the purchase of anti-scale fencing for the Fencing Consortium will significantly reduce the on-going cost each Consortium member will pay for the storage, maintenance, and transportation of the anti-scale fence. This reduction in cost will improve equity in accessibility to this de-escalation and safety tool for communities across not only the Seven County Metro area, but also the state as a whole. Prerequisites Any agency participating in the Fence Consortium must be a member of the Statewide Public Works Mutual Aid Pact. Police and fire agency resources must be members of relevant mutual aid agreements. Project cost Each member agency’s cost is pro-rated based on the footage of fencing needed for their location. Eden Prairie Cost: 12,500 Annually beginning 2023 Attachments • Fencing Consortium Joint Powers Agreement • Resolution Adopting the Fencing Consortium Joint Powers Agreement • Map of Fencing Recommended action Motion authorizing the resolution adopting the Fencing Consortium Joint Powers Agreement 1 CR225-476-758705.v8 FENCING CONSORTIUM JOINT POWERS AGREEMENT THIS FENCING CONSORTIUM JOINT POWERS AGREEMENT (“Agreement”) is made and entered into by and among the Governmental Units identified in the attached Exhibit A (each a “Member” or collectively the “Members”). RECITALS A. The civil unrest and resulting negative impacts on mental health, damage to buildings, and a reduction in overall safety experienced in the Seven County Metropolitan Area in recent years has given rise to a need for communities to have ready access to anti- scalable fencing. The anti-scale fencing can be set up to protect public buildings, critical infrastructure, and other key locations to de-escalate tensions between law enforcement and protestors as well as reduce the need to rely on crowd control measures to protect such locations from violent and destructive actors. B. Appropriate fencing to serve this purpose is produced by few vendors, currently all of which are located outside of the state. C. This type of fencing is expensive and the delays associated with attempting to identify and secure the delivery of fencing during the response to a critical incident may result in unnecessary risks to personnel and public property. D. By pooling resources and working cooperatively, communities can access high quality fencing, trained personnel, and related resources to assemble it in as efficient manner as possible to support de-escalation measures with protestors and protect facilities from violent and destructive actors. AGREEMENT In consideration of the mutual agreements and understandings, and intending to be legally bound, the Members hereby agree as follows: ARTICLE I DEFINITIONS AND PURPOSE 1.1. Definition of Terms. For the purposes of this Agreement, the following terms shall have the meaning given them in this section. (a) Additional Member. “Additional Member” means a Governmental Unit that submits a Membership Resolution after the Effective Date and that the Board votes to accept as a Member of the Fencing Consortium. (b) Agreement. “Agreement” means this Fencing Consortium Joint Powers Agreement. 2 CR225-476-758705.v8 (c) Board. “Board” means the Fencing Consortium Joint Board established by this Agreement. (d) Call Out. “Call Out” means a request by a Requesting Member to the Board requesting the deployment of the Fencing. (e) Critical Incident. “Critical Incident” means an event or occurrence that occurs within a Governmental Unit that is reasonably anticipated to result in, or that does result in, civil unrest focused against one or more public buildings, infrastructure, or other critical site with the Governmental Unit. (f) Deployment Site. “Deployment Site” means the specific location at which the Fence is to be assembled. (g) Deployment Team. “Deployment Team” means the public works personnel or others assigned by each Member who are responsible for responding to requests by Members to assemble and disassemble the Fencing at a Member’s Deployment Site in accordance with its Fencing Preplan. (h) Deployment Team Manager. “Deployment Team Manager” is the member of the Deployment Team designated as supervisor and who has operational control over the deployment and demobilization of the Fencing. (i) Effective Date. “Effective Date” means the date this Agreement goes into effect and the date by which Original Members must adopt the Membership Resolution. The Effective Date is September 2, 2022. (j) Extended Membership Area. “Extended Membership Area” means the area established by the Board outside of the Seven County Metropolitan Area in which Governmental Units are eligible to request membership in the Fencing Consortium. (k) Fencing. “Fencing” means the non-scalable, portable, free-standing fence secured by the Board and made available to Members under this Agreement. (l) Fencing Preplan. “Fencing Preplan” means a plan developed by a Governmental Unit showing the general location and length of the Fencing needed and the type and location of gates within the Fencing. (m) Governmental Unit. “Governmental Unit” means a local government or other political subdivision of the State that is authorized under Minnesota Statutes, section 471.59 to enter into a joint powers agreement. The term also includes state agencies and joint powers entities that own a public building. (n) Lease. “Lease” means the lease agreement between the Board and the Vendor to secure the Fencing for the Fencing Consortium and that sets out the terms for the 3 CR225-476-758705.v8 storge, delivery, and maintenance of the Fencing. The Lease may also establish the use charge the Requesting Member is required to pay the Vendor for the actual use of the Fencing. (o) Member. “Member” means an Original Member or an Additional Member. The term is used generally in this Agreement to refer to an individual current member Governmental Unit or, in its plural form, to all current member Governmental Units. A Governmental Unit must remain in good standing under this Agreement to remain a Member of the Fencing Consortium. (p) Member Assessment. “Member Assessment” means the amount determined annually by the Board to pay the costs of the Fencing Consortium and which is invoiced to each Member. (q) Membership Resolution. “Membership Resolution” means the resolution form a Governmental Unit adopts to join the Fencing Consortium. Any resolution that is not substantively the same in all respects as the form resolution developed for membership shall not constitute a Membership Resolution. (r) Notification System. “Notification System” means the communications or alert system, or systems, selected by the Board to issue a Call Out for the deployment of the Deployment Team and Fencing to a Requesting Member’s Governmental Unit. (s) Original Member. “Original Member” means a Governmental Unit that completed all requirements to enter into this Agreement prior to the Effective Date. (t) Public Works Mutual Aid Pact. “Public Works Mutual Aid Pact” means the Public Works Joint Powers Mutual Aid Agreement, which was originally effective as of July 1, 2018 and is incorporated herein by reference. (u) Requesting Member. “Requesting Member” means a Member who makes a request to the Board for the deployment of the Fencing in its Governmental Unit. (v) Seven County Metropolitan Area. “Seven County Metropolitan Area” means the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. (w) Staging Area. “Staging Area” means the location identified for the Deployment Team to gather at in response to a Call Out before convoying to the Deployment Site. (x) Surcharge. “Surcharge” means the amount an Additional Member is required to pay to join the Fencing Consortium as determined by the Board. The Surcharge is in addition to the amount the Additional Member is required to pay based on the length of its Fencing needs as shown in its Fencing Preplan. The Surcharge 4 CR225-476-758705.v8 includes the amount the Member is to pay for the Member Assessment for the year in which the Governmental Unit becomes a Member and any buy-in costs as determined by the Board. (y) Vendor. “Vendor” means the fencing company selected to provide the Fencing to the Fencing Consortium. 1.2. Purpose. It is the general purpose of this Agreement to: (a) To establish the Fencing Consortium, the responsibilities of the Members toward the Fencing Consortium, and to establish the “Fencing Consortium Joint Board” to govern the Fencing Consortium and its operations; (b) To authorize the Board to obtain and provide for the storage and deployment of Fencing in response to a Critical Incident and for other purposes as provided in this Agreement and as determined by the Board; (c) To authorize the Board to negotiate and enter into an agreement with a Vendor to obtain the Fencing and provide for its storage, delivery to, and return from a Requesting Member’s Governmental Unit; (d) To authorize the Board to establish policies and procedures for the deployment of the Fencing, the training and deployment of the Deployment Team, and on other matters as needed to achieve the purposes of this Agreement; (e) To authorize the Board to determine the Governmental Units eligible for membership in the Fencing Consortium, including expanding the eligible territory as it determines is appropriate; and (f) To authorize the Board, upon deliberation and continued communication with the Members, to revise the initial structure of the Fencing Consortium over time as it may determine is in the best interests of the Members to do things such as moving from a leasing arrangement to purchasing the Fencing and to provide for its storage, maintenance, and transportation. ARTICLE II FENCING CONSORTIUM ESTABLISHED 2.1. Established. There is hereby established, by the execution of this Agreement, the “Fencing Consortium” as a joint powers entity formed pursuant to Minnesota Statutes, section 471.59, which is to be managed and operated by the Board pursuant to the terms of this Agreement. 2.2. Scope. This Agreement applies to those Governmental Units that are Members of the Fencing Consortium and provides for the operation of the Fencing Consortium by a Board of Directors elected as provided herein. 5 CR225-476-758705.v8 ARTICLE III MEMBERSHIP 3.1. Original Members. A Governmental Unit that adopts and submits the Membership Resolution to join the Fencing Consortium before the Effective Date shall be considered an Original Member under this Agreement. A Governmental Unit is eligible to be an Original Member of the Fencing Consortium if it satisfies all of the following: (a) Is a member of the Public Works Mutual Aid Pact; (b) Is within the Seven County Metropolitan Area; (c) Has submitted a Fencing Preplan prior to the Effective Date; and (d) Has properly adopted and submitted a Membership Resolution prior to the Effective Date. The Governmental Unit shall submit its Membership Resolution to the Chief of Police in the City of Crystal. The Membership Resolutions shall be transferred to the Board once it is formed. Membership Resolutions adopted after the Effective Date shall be sent to the Board. 3.2. Additional Members. After the Effective Date, a Governmental Unit may request to become an Additional Member of the Fencing Consortium if it satisfies the following: (a) Is a member of the Public Works Mutual Aid Pact; (b) Is located within the Seven County Metropolitan Area or within the Extended Membership Area as determined by the Board; (c) Submits a Fencing Preplan; (d) Submits the fully adopted Membership Resolution; and (e) The Board votes to accept the Governmental Unit as an Additional Member. Additional Members are required to pay a Surcharge to the Fencing Consortium in the amount determined by the Board, and to comply with such additional requirements as may reasonably be imposed by the Board. 3.3. Exception. The membership requirement to be a member of the Public Works Mutual Aid Pact is to establish a mechanism through which local public works staff can be utilized to assist in the mobilization and demobilization of the Fencing within the Governmental Unit. However, there are entities that do not have their own public works staff, desire to become a Member of the Fencing Consortium, and for which local support 6 CR225-476-758705.v8 can be provided through another Governmental Unit. Therefore, a Governmental Unit that does not have a public works department or public works employees is not required to be a member of the Public Works Mutual Aid Pact to be eligible to become a Member of the Fencing Consortium, provided the following are complied with to the extent applicable: (a) If the Governmental Unit is a joint undertaking among other Governmental Units, the community in which any of the Governmental Unit’s buildings are located and to which its Fencing Preplan applies must be a member of the Public Works Mutual Aid Pact; or (b) If the Government Unit relies on the county sheriff’s department as the primary source of law enforcement services, that county must be a member of the Public Works Mutual Aid Pact. 3.4. Requirement of Good Standing. Continued membership in the Fencing Consortium shall be contingent upon: paying the annual Member Assessment and any additional charges as determined by the Board as provided herein; making public works staff available to participate as members of the Deployment Team; and on-going compliance with the other requirements, terms, and conditions of this Agreement and the policies and procedures adopted by the Board. 3.5. Withdrawing from Membership. A Member may withdraw from the Fencing Consortium as provided in Article XI of this Agreement. ARTICLE IV FENCING CONSORTIUM JOINT BOARD 4.1. Established. There is hereby established the “Fencing Consortium Joint Board.” The Board shall consist of five Directors elected by the Members in accordance with this Article. Directors shall serve without compensation from the Fencing Consortium. The Director positions shall be assigned as follows: (a) Two Directors representing law enforcement; (b) One Director representing fire; (c) One Director representing public works; and (d) One Director representing emergency managers. 4.2. Initial Directors. The Board shall initially be comprised of the following Directors (“Initial Board”): 7 CR225-476-758705.v8 (a) Ryan Murphy, Commander, Special Operations Unit, Saint Paul Police Department and Ryan Seibert, Chief of Police, City of Chaska, representing law enforcement; (b) Ward Parker, Assistant Chief Operations, City of Eden Prairie, representing fire; (c) Daniel Ruiz, Director of Operations & Maintenance, City of Brooklyn Park, representing public works; and (d) Doug Berglund, Director, Emergency Management, Washington County Sheriff’s Office, representing emergency managers. The Initial Board shall be responsible for Organizing the Board and the Fence Consortium. The Initial Board shall conduct an election in 2022 for Members to elect three Directors to the Board. An election will then be held in 2023 for Members to elect the remaining two Directors to the Board. Those elected in 2022 shall assume their positions effective on January 1, 2023 and those elected in 2023 shall assume their positions on January 1, 2024. The Initial Board shall determine which positions are up for election in 2022 and 2023, except the two law enforcement Director positions shall be elected in separate years. 4.3. Director Eligibility. To be eligible to be elected to the Board a person must be currently employed by a Member and actively serving in the profession the person is proposed to represent on the Board. If a Director loses eligibility to continue serving on the Board, the position shall be deemed vacant and the vacancy filled as provided herein. 4.4. Term. Each Director serves a two-year term commencing on January 1. The terms shall be staggered to minimize the number of Directors up for election in the same year. The Initial Board shall determine the terms and the staggering of the positions as part of adopting the bylaws. A vacancy in the office of Director shall be filled by appointment of the Board until the next election, at which time the position shall be up for election for the remainder of the term. 4.5. Election of Directors. The annual election of Directors shall occur in accordance with this Agreement and the bylaws established by the Board. This process is not subject to federal, state, or local election laws or procedures. Instead, the intent is to provide a reasonable means for Members to nominate candidates and to select those whom they wish to serve on the Board. Each Member in good standing when the nomination process begins has an opportunity to nominate people from its Governmental Unit for any or all the open positions on the Board. All persons nominated to a position must be eligible to represent that position on the Board. The Board shall collect the nominations and prepare a ballot to be distributed among the Members for a vote. Each Member in good standing shall have one vote on each open position. A Member must determine for itself who is authorized to submit nominations and cast the vote on its behalf. The name of the Member submitting the ballot must be on the ballot. The Board shall tabulate the votes and provide the Members a list of the persons elected to the Board. The conducting of 8 CR225-476-758705.v8 the nomination and election process shall occur early enough in a year to allow the newly elected Directors to take their positions on the Board as of January 1. 4.6. Director Duties. Directors are responsible for carrying out the duties of the Board under this Agreement in a diligent and timely manner. If a Director fails to attend three consecutive Board meetings without reasonable cause, the Board may declare the office vacant and fill the position by appointment. The position will then be up for election at the next election for the remainder of the term. 4.7. Board Officers. Each year at its annual meeting the Board shall elect from among its Directors a Chair and a Vice-Chair. The Board shall also appoint a Secretary/Treasurer, which is not required to be selected from among the Directors. If the Secretary/Treasurer is not a Director, the person shall not have a vote. The Chair shall act as the presiding officer at Board meetings and the Vice-Chair shall act as the presiding officer in the absence of the Chair. The Secretary/Treasurer shall take the minutes of Board meetings and shall serve as the finance manager for the Fencing Consortium. The Board shall adopt by-laws to establish its own procedures, provided such procedures are consistent with the purposes of this Agreement. 4.8. Board Meetings. The Board shall hold regular meetings on the schedule as established in its bylaws. The Board may also hold special meetings as needed upon the call of the Chair or upon the written request of two Directors given to the Secretary/Treasurer. Meetings of the Board are subject to the Minnesota Open Meeting Law (Minnesota Statutes, chapter 13D). The Secretary/Treasurer shall inform all Directors of special meetings, maintain a schedule of the Board’s regular meetings, and shall post notice of any special meetings on the bulletin board designated by the Board for such notices or, if a bulletin board is not designated, upon the outside door of the building in which the Board meets. The Board may hold emergency meetings and such other meetings as allowed by law. The Board shall hold an annual meeting in January or in such other month as designated by the Board. The annual meeting may be held together with a regular meeting. 4.9. Voting. A majority of the Directors (three) shall constitute a quorum of the Board to meet and conduct the business of the Board. Each Director shall have an equal, non- weighted, vote. Unless specifically indicated otherwise herein, a majority vote of the Directors present at a meeting, if at least a quorum is present, shall be required for the Board to take action on any issue that comes before it. A Director must be present at a meeting to vote and shall not vote by proxy. A Director may be considered present and vote from a remote location to the extent allowed under Minnesota Statutes, chapter 13D. 4.10. Powers of the Board. (a) To take all actions necessary and convenient to discharge its duty to lease Fencing and to make it available to Members pursuant to the terms of this Agreement. 9 CR225-476-758705.v8 (b) Establish policies and procedures for requesting, deploying, using, demobilizing, and returning the Fencing, and on such other operational matters as the Board may determines is appropriate. This power includes, but is not limited to, further refining the definition of Critical Incident as may be needed and otherwise identifying situations in which deployment of the Fencing is automatic and when it is discretionary with the Board. (c) Authorize one or more of its Directors to receive request from a Requesting Member and to issue a Call Out of the Fencing to a Critical Incident in accordance with established policies and procedures. (d) Obtain the Fencing initially by lease, or purchase with State appropriation, and then determine over time whether to purchase part or all of the Fencing provided under this Agreement. If the Fencing is purchased, to provide for its storage and deployment. (e) Select the notification system for the Call Out. (f) To adopt bylaws and rules or policies consistent with this Agreement as required to effectively exercise the powers, or accomplish the purposes, of the Fencing Consortium; (g) To interpret and apply the provisions of this Agreement in a manner that furthers its purpose and intent including, but not limited to, determining the eligibility of a Governmental Unit to become a Member; (h) To adopt an annual operating and capital budget, including a statement of sources of funding and allocation of costs to Members; (i) To establish a system to communicate budget and other information of interest to Members; (j) To enter into contracts in its own name; (k) Contract with an auditing firm to perform financial audits of the Fencing Consortium as the Board determines is appropriate; (l) To purchase any insurance and indemnity or surety bonds as necessary to carry out the purposes of this Agreement; (m) To seek, apply for, and accept appropriations (including legislative appropriations), grants, gifts, loans of money or other assistance as permitted by law from any person or entity, whether public or private; (n) To sue; 10 CR225-476-758705.v8 (o) To annually charge and collect from Members a Member Assessment as needed to pay the on-going costs of the Fencing Consortium; (p) To determine and require the payment of a Surcharge by Additional Members joining the Fencing Consortium; and (q) To exercise all other powers necessary and incidental to carry out the purposes of this Agreement provided such powers are consistent with the purposes of the Agreement and are exercised in accordance with the applicable statutory powers of the Members. 4.11. Powers Not Delegated. The Members expressly reserve for themselves the following powers, which shall not be deemed delegated to, and may not be exercised by, the Board: (a) Hire employees; (b) Purchase real property; (c) Issue bonds; or (d) Undertake or otherwise perform any functions exceeding the general scope and purpose of this Agreement. 4.12. Specific Duties of the Board. The Board shall exercise the powers provided it under this Agreement to perform, in addition to the other duties provided for in this Agreement, the following specific duties: (a) Lease Fence. The Board shall enter into a Lease with the Vendor to obtain the Fencing and trailer(s) for transporting the Fencing. The Board shall ensure it secures and maintains a sufficient length of Fencing to cover the Member with the longest Fencing lengths as shown on the Fencing Preplans, rounded up to the nearest 500 feet. Initially, the Board shall base the amount of Fencing on the Fencing Preplans submitted by the Original Members. As Additional Members join the Fencing Consortium, the Board shall consider the Fencing needs and may secure additional Fencing as it determines is needed. (b) Fence Storage and Transport. The Lease shall require the Vendor to store the Fencing at a location agreeable to the Board, deliver the Fencing to the identified Staging Area upon the Board’s request within the response timeframe identified in the Lease, and to address other transportation needs as specified in the Lease. (c) Select Notification System. The Board shall select a Notification Systems that will be used by Directors to Call Out the Deployment Team to a Requesting Member’s Governmental Unit. 11 CR225-476-758705.v8 (d) Reports. The Board shall prepare and distribute such reports to the Members as the Board determines are necessary to keep them informed of the Fencing Consortium’s activities. The Board shall determine the best method for distributing such reports. 4.13. Office. The initial office of the Fencing Consortium shall be selected by the Board. The Board may change the location of the office as it determines is appropriate. The Board will hold its meetings at the designated office, but may also meet at such other locations as it determines appropriate to carry out its duties. 4.14. Disbursements. Except as otherwise provided, all unbudgeted disbursements and expenditures of the Fencing Consortium shall be approved by the Board. All checks issued by the Fencing Consortium from its funds shall be co-signed by two Directors designated by the Board. 4.15. Fiscal Agent. The Board may appoint, and enter into agreements with, a fiscal agent for the Fencing Consortium and may change the fiscal agent from time to time as it deems necessary. The fiscal agent may be a Member Governmental Unit. The Board may delegate authority to the fiscal agent to act on its behalf as the Board deems appropriate and in accordance with applicable laws. ARTICLE V DEPLOYMENT OF THE FENCING 5.1. Automatic Deployment. The Fencing shall be made available for automatic deployment upon the occurrence of a Critical Incident in a Member’s Governmental Unit. The Requesting Member shall notify a Director of a Critical Incident and a Director shall utilize the designated Notification System to Call Out the Deployment Team for deployment of the Fencing. The Deployment Team shall then respond to the Requesting Member to unload and assemble the Fencing at the Deployment Site. The process to request deployment and demobilization of the Fencing shall occur in accordance with this Agreement and the policies and procedures adopted by the Board. The Deployment Team Manager shall be responsible for coordinating the deployment and demobilization of the Fencing. 5.2. Requesting Member Obligations. A Requesting Member requesting deployment of the Fencing for a Critical Incident occurring in the Member’s jurisdiction shall be responsible for the following: (a) Providing security for the Deployment Team while it is conducting its work at the Deployment Site; (b) Provide any equipment that may be needed to deploy or demobilize the Fencing that is not provided by the Vendor; 12 CR225-476-758705.v8 (c) Pay the Vendor charges for the actual use of the Fencing. Such payments are to be made directly to the Vendor unless directed otherwise by the Board; (d) Providing food, water, first aid, and similar support to the Deployment Team as may reasonably be needed; (e) Contacting the Board or the Board’s designee if there are any issues with the Fencing once it is in place; and (f) Complying with Board policies and procedures applicable to a Requesting Member, including avoiding any activities that may unreasonably damage the Fencing or expose the Deployment Team to an unreasonable risk. 5.3. Discretionary Deployment. A Member may make a request to the Board for the deployment of the Fencing in the Member’s Governmental Unit for an event or occurrence other than a Critical Incident. The deployment of the Fencing for something other than a Critical Incident is left to the sole discretion of the Board. The Board shall consider all such requests at a meeting and determine whether to approve the Member’s request. The Board shall adopt criteria or standards for determining when to allow the discretionary deployment of the Fencing and the requesting Member’s obligations if the request is approved. The Board may delegate the authority to one or more Directors to determine whether to allow the discretionary deployment of the Fencing based on the criteria established by the Board. 5.4. Non-Member Deployment. The Board shall adopt standards and requirements for determining whether to allow the deployment of the Fencing in response to a Critical Incident that occurred in a non-member Governmental Unit. Nothing in this Agreement obligates the Fencing Consortium to deploy the Fencing to a non-member Governmental Unit. 5.5. No Guarantee. The Members understand and agree the deployment of the Fencing by the Deployment Team is a cooperative undertaking and that the Fencing Consortium cannot guarantee a certain response time or make any representations or warranties regarding response times, the Fencing, its assembly, or effectiveness. The Deployment Team will endeavor to respond as quickly as possible to a Critical Incident and to place the Fencing as shown in the Requesting Member’s Fencing Preplan as provided in this Agreement and in accordance with Board policies and procedures. 5.6. Demobilization. The Member who receives the Fencing in response to a Critical Incident shall work with the Fencing Consortium to determine when to initiate the demobilization of the Fencing from the Deployment Site. For a discretionary deployment of the fence, the demobilization date shall be determined prior to the deployment. The Deployment Team shall be responsible for disassembling the Fencing as part of the demobilization. The Board shall establish such procedures and policies as may be needed to address the demobilization of the Fencing. The Board has the authority to recall the Fencing from a Member if it determines there is a more critical need for the Fencing in 13 CR225-476-758705.v8 another Governmental Unit that cannot be fulfilled by the remaining Fencing held by the Fencing Consortium. ARTICLE VI MEMBERSHIP COSTS AND ASSESSMENTS 6.1. Original Member Costs. Each Original Member shall be responsible for paying a share of the Fencing costs based on the length of fence indicated in its Fencing Preplan as a percentage of the total amount of initial Fencing to be leased by the Board. The Board shall determine the amount each Original Member is required to pay and provide each an invoice together with a sheet showing the division of costs. Invoice shall be paid within 45 days of receipt. 6.2. Additional Member Costs. Each Additional Member shall be required to pay their share of the Fencing costs calculated as if they were an Original Member. Each Additional Member shall also be required to pay a Surcharge in the amount determined by the Board. The Surcharge is to pay the Additional Member’s portion of the Member Assessment, any buy-in costs to cover a share of the Fencing and related costs, and to partially reimburse the costs paid by the existing Members. The Board shall apply the buy-in amounts collected to reduce the future charges to the existing Members. 6.3. Member Assessments. In addition to the initial Fencing costs each Member is required to pay, Members shall also be assessed for the on-going costs to operate and maintain the Fencing Consortium. These operational costs will be divided based on the Fencing costs formula and paid by each Member as a Member Assessment. The formula shall take into account the total length of Fencing held by the Fencing Consortium and then divided by the length of each Member’s Fencing needs as indicated in the Fencing Preplan. The Board shall, as part of the annual budget, determine the total amount of the Member Assessments and the specific amount to be assessed each Member to pay the anticipated Fencing Consortium costs in the upcoming year. 6.4. Payment of Member Assessments. The Fencing Consortium shall invoice Members for their Member Assessment amount for the upcoming year. Invoices are to be sent no later than January 15th in the year for which the assessment is being imposed. Members shall pay their invoices in full within 45 days from the date of the invoice. 6.5. Default. Any Member who breaches or otherwise fails to comply with the terms and conditions of this Agreement including, but not limited to, failure to pay its Member Assessment in full by the due date, shall be considered in default of this Agreement. Any dispute regarding whether a Member is in default shall be determined by a vote of the Board. A Member shall not be considered in default until it has been notified in writing by the Board of the condition placing it in default. The notice of default shall indicate the Member is not in good standing and may be expelled if the default is not cured within 90 days. If a Member fails to fully cure a default within 90 days of the notice of default, the Board may issue a written notice of expulsion from the Fencing Consortium. Upon such notice, the Governmental Unit is no longer a Member of the Fencing Consortium as if the 14 CR225-476-758705.v8 Governmental Unit voluntarily elected to terminate its membership in the Fencing Consortium as provided herein. ARTICLE VII MEMBER STAFFING REQUIREMENTS 7.1. Public Works Staff. Each Member is expected to assign member(s) of its public works staff to serve on the Deployment Team to train with the Fencing and to participate in the unloading, assembly, and demobilization of the Fencing at a Deployment Site. The providing of public works staff is through the Public Works Mutual Aid Pact and is at each Member’s own cost. 7.2. Training. The Deployment Team shall train with the Fencing at least three times a year to familiarize the Deployment Team with the Fencing and to help ensure its rapid assembly at a Deployment Site in response to a Call Out. The Board shall work with the Deployment Team to determine a reasonable training schedule that does not negatively impact their regular duties. 7.3. Employees. The members of the Deployment Team are not employees of the Fencing Consortium. The assigned members shall remain employees of their Governmental Unit for all purposes including, but not limited to, workers’ compensation coverage. 7.4. Equipment. Any damage to or loss of Member equipment utilized by the Deployment Team shall be addressed as provided in the Public Works Mutual Aid Pact. 7.5. Liability. Liability for the acts of the Deployment Team when responding to a Call Out shall be addressed in accordance with the terms of the Public Works Mutual Aid Pact. For the purposes of the Public Works Mutual Aid Pact, the Requesting Member shall be the “Requesting Party” and each of the Members assigning personnel to the Deployment Team shall be a “Sending Party.” ARTICLE VIII BUDGETING AND FINANCIAL REPORTING 8.1. Fiscal Year. The fiscal year of the Fencing Consortium is the calendar year. 8.2. Annual Budget. The Board shall prepare and adopt an annual budget as provided in this section. (a) Proposed Budget. The Board shall prepare and approve a proposed budget for the upcoming fiscal year. The proposed budget shall account for all anticipated costs in 15 CR225-476-758705.v8 the upcoming year and indicate the amounts proposed to be assessed to the Members. (b) Notice to Members. The Board shall adopt a proposed budget and distribute it to the Members by no later than June 1st each year. Members may submit written comments to the Board regarding the proposed budget by no later than July 1st. (c) Final Budget. The Board shall consider the comments received from Members and shall act to adopt a final budget by no later than August 31st. The Board shall distribute a copy of the adopted annual budget to the Members. To reduce administrative costs given the potential number of Members, the Board may send notices and otherwise communicate with Members using email messages in lieu of mailing. ARTICLE IX INSURANCE AND INDEMNIFICATION 9.1 Insurance. The Fencing Consortium shall purchase and maintain such insurance policies as the Board determines is necessary and appropriate to cover the Fencing Consortium, the Board, its operations, and, if required, the Fencing. By purchasing insurance the Members, the Fencing Consortium, and the Board do not waive, and shall not be construed as having waived, any exemptions, immunities, or limitations on liability provided by any applicable Minnesota Law, including Minnesota Statutes, Chapter 466 and section 471.59, subdivision 1a. Any uninsured liabilities incurred by the Fencing Consortium shall be paid by the Members in the same percentage as their Member Assessments as set out in this Agreement. 9.2 Director Indemnification. The Fencing Consortium shall defend and indemnify its Directors from any claim or damages levied against a Director arising out of the Director’s lawful acts or omissions made or occurring in the good faith performance of their duties on the Board. The Fencing Consortium is not required to indemnify a Director for any act or omission for which the Director is guilty of malfeasance, willful neglect of duty, or bad faith. 9.3 Member Indemnification. The Fencing Consortium shall hold the Members harmless, individually and collectively, and will defend and indemnify the Members for any claims, suits, demands or causes of action for any damages or injuries based on allegations of negligence or omissions by the Fencing Consortium. The Fencing Consortium’s duty to indemnify does not constitute, and shall not be construed as, a waiver by either the Fencing Consortium or any or all Members of any exemptions, immunities, or limitations on liability provided by law or of being treated as a single governmental unit as provided in Minnesota Statutes, section 471.59, subdivision 1a. 9.4 Liability. To the fullest extent permitted by law, this Agreement and the activities carried out hereunder thereof are intended to be and shall be construed as a “cooperative activity” and it is the intent of the Members that they, together with the Board, shall be 16 CR225-476-758705.v8 deemed a “single governmental unit” for the purposes of liability, all as set forth in Minnesota Statutes, section 471.59, subdivision 1a. For purposes of the statute, each Member to this Agreement expressly declines responsibility for the acts or omissions of the other Members. SECTION X DISPUTE RESOLUTION 10.1 Dispute Resolution Process. The Members agree to engage in good faith to attempt to resolve any disputes that may arise over the establishment, operation, or maintenance of the Fencing Consortium. If a dispute is not resolved informally, the Members agree to use the following process to attempt to resolve any dispute they may have related to the Fencing Consortium. (a) Written Notice of Dispute. Any Member with a dispute regarding the Fencing Consortium or the Board may submit a written explanation of its dispute to the Fencing Consortium and to each Member. The Board shall make the email list of Members available for the purpose of providing this notice. The explanation of the dispute must be detailed, not repetitive of a dispute already addressed by the Board regarding the same Member, relate directly to a matter within the scope of the Fencing Consortium or of the Board’s powers, and must suggest a solution. (b) Review and Response by Board. Upon the Fencing Consortium’s receipt of a written dispute it shall be placed on the agenda of the Board’s next scheduled regular meeting for consideration. The Board shall respond in writing to all properly submitted disputes within three months and shall provide each Member a copy of its response. (c) Mediation. If the Member with the dispute is not satisfied with the Board’s response, it may file a written request with the Board for mediation. If the Member and the Board are not able to mutually agree on a mediator, the Member and the Board shall each select a mediator and the two mediators shall select a third. Each party to the mediation shall be responsible for the cost of the mediator it selected and shall share equally in the costs of the mediation and of the third mediator. (d) Binding Arbitration. If the dispute is not resolved in mediation, the aggrieved Member and the Board may agree to submit to a binding arbitration process. The arbitration shall be conducted in accordance with Minnesota Statutes, chapter 572B following the Commercial Arbitration Rules of the American Arbitration Association, unless the Board and the Member agree to follow different rules. The Members and the Board agree the decision of the arbitrator shall be binding on the Fencing Consortium and its Members. 17 CR225-476-758705.v8 SECTION XI WITHDRAWAL OF A MEMBER 11.1 Process. A Member may withdraw from the Fencing Consortium by providing written notice to the Board of its intent to withdraw. To avoid a withdrawal from interrupting the on-going payments for the costs of the Fencing, the effective date of the withdrawal will depend on its timing with respect to the Board’s work to set the budget for the upcoming year. If the Board receives the withdrawal notice prior to May 1st in a year, the effective date of the withdrawal will be December 31st of the same year. If the Board receives the notice after May 1st, the withdrawal will be effective December 31st of the following year. 11.2 Effect of Withdrawal. The withdrawing Member shall be responsible for paying its full Member Assessment for the full year in which the withdrawal is effective. Recognizing the Fencing Consortium is an ongoing concern, the Members agree the withdrawing Member shall not receive any reimbursement of the amounts it has paid and is not entitled to any share in the assets of the Fencing Consortium. Upon the effective date of the withdrawal, the former Member shall no longer be considered a Member under this Agreement. SECTION XII DISSOLUTION OF FENCING CONSORTIUM 12.1 Dissolution Process. The Fencing Consortium may only be dissolved by a joint resolution approved by four-fifths of the then current Members or by a unanimous vote of the entire Board on a dissolution resolution. Dissolution shall not be effective for at least six months from the adoption the resolution unless an earlier dissolution date is approved as part of the resolution. Prior to the effective date of the dissolution, the Board shall use the Fencing Consortium’s assets to pay its outstanding obligations. If the assets on hand are not sufficient to pay all outstanding obligations, the Board shall impose a Member Assessment to collect sufficient funds to pay the outstanding amounts. The Board shall divide the amount needing to be collected by a Member Assessment using the same formula for other Member Assessments. The Fencing Consortium shall not be finally dissolved until its outstanding obligations are paid in full. 12.2 Distribution of Assets and Property. Upon dissolution, the Board shall distribute any remaining assets to the Members in proportion to the Member Assessment of each Member in effect as of the date of dissolution. The Board shall have the power to determine the best method for distributing the assets and to decide any disputes that may arise among the Members concerning such distribution. SECTION XIII MISCELLANEOUS PROVISIONS 13.1 Official Copy. This Agreement is being entered into through the adoption by each Member and the Membership Resolution. The Board shall maintain the official copy of this Agreement and maintain a list of the Original Members and the Additional Members. 18 CR225-476-758705.v8 The official copy shall constitute the Agreement, which shall be binding on all of the Members. 13.2 Data Practices. The Fencing Consortium shall comply with the requirements of Minnesota Statutes, chapter 13, the Minnesota Government Data Practices Act (“Act”). The Vendor shall be required to comply with the Act as provided in Minnesota Statutes, section 13.05. The Vendor shall be required to notify the Board if it receives a data request and to work with the Fencing Consortium to respond to it. 13.3 Notices. Any notice required or permitted to be given to the Fencing Consortium under this Agreement shall be given in writing, and shall be sent by first class mail to its current address. Notice to each Member shall be given in writing by first class mail or email to the Member’s chief of police or other designated contact person. 13.4 Waiver. The delay or failure of any party of this Agreement at any time to require performance or compliance by any other party of any of its obligations under this Agreement shall in no way be deemed a waiver of those rights to require such performance or compliance. 13.5 Governing Law. The respective rights, obligations and remedies of the parties under this Agreement and the interpretation thereof shall be governed by the laws of the State of Minnesota which pertain to agreements made and to be performed in the State of Minnesota. 13.6 Headings and Captions. The headings and captions of these paragraphs and sections of this Agreement are included for convenience or reference only and shall not constitute a part hereof. 13.7 No Third-Party Rights. This Agreement is entered into for the sole benefit of the Members and no other parties are intended to be direct or incidental beneficiaries of this Agreement, and no third party shall have any right in, under, or to this Agreement. 13.8 Good Faith. Each Member shall act in good faith. In exercising its rights and fulfilling its obligations under this Agreement, each party acknowledges that this Agreement contemplates cooperation between and among the parties. 13.9 Entire Agreement. This Agreement, including the recitals and all of the Membership Resolutions, contains the entire understanding between the Members concerning the subject matter hereof. 13.10 Amendments. Amendments to this Agreement may be proposed by the Board or by at least 10% of the Members submitting a proposed amendment to the Board. The Board shall forward proposed amendments to the Members in the form of an amendment resolution. The Board will only forward amendments proposed by Members if it determines the proposed amendments are lawful and not contrary to the primary purposes of this Agreement. Members adopting the amendment resolution shall return a copy of 19 CR225-476-758705.v8 the executed resolution to the Board. A proposed amendment shall be considered approved if the amendment resolution is adopted by at least 90% of the then current Members. 13.11 Examination of Books. Pursuant to Minnesota Statutes, section 16C.05, Subd. 5, the books, records, documents and accounting procedures and practices of the Fencing Consortium and the Vendor are subject to examination by the State. Members may examine the financial records of the Fencing Consortium upon reasonable request. 13.12 Recitals and Exhibits Incorporated. The recitals contained herein, and the Membership Resolutions, are incorporated in and made part of this Agreement. IN WITNESS WHEREOF, the Members have, by adoption and execution of the Membership Resolution, entered into this Agreement as of the Effective Date or, if an Additional Member, as of the date of acceptance by the Board of the Membership Resolution. [A list of all Members is maintained by the Fencing Consortium.] CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-___ RESOLUTION ADOPTING THE FENCING CONSORTIUM JOINT POWERS AGREEMENT WHEREAS, the governmental units in the state have experienced an increase in incidences of civil unrest with violent and destructive actors who pose a threat to the public, public personnel, buildings, and critical infrastructure; and WHEREAS, the First Amendment of the United States Constitution protects the freedom of speech, the press, and the right of the people peaceably to assemble, and to petition the government for a redress of grievances; and WHEREAS, recent experience has shown that the use of anti-scale fencing has greatly de- escalated tension between law enforcement and protesters; and WHEREAS, by de-escalating the tension, the anti-scale fencing helps to reduce the trauma on the community, improve the safety for all, minimize the impact on neighboring properties, and reduce the community resources that have to be committed to such events; and WHEREAS, governmental units have recognized the need to have ready access to anti-scalable fencing as a tool for de-escalation and community safety while protecting against violent and destructive actors; and WHEREAS, the best means for a governmental unit to access such fencing in a timely and cost-effective manner is to work cooperatively with other governmental units; and WHEREAS, the Fencing Consortium Joint Powers Agreement (“Fencing JPA”), which is incorporated herein by reference, establishes a joint board to obtain and make available to members anti-scalable fencing in response to critical incidences, sets out the powers of the joint board, requires members to pay their share of the fencing costs and operational costs of the Fencing Consortium, requires members to provide staffing to assemble and disassemble the fencing as part of the Public Works Mutual Aid Pact, and otherwise provides for the operation of the Fencing Consortium as a joint powers entity; and WHEREAS, the governmental unit is a member of the Public Works Mutual Aid Pact and is otherwise eligible to adopt the Fencing JPA; and WHEREAS, it is in the best interests of the community to become a member and participate in the Fencing Consortium. NOW, THEREFORE, BE IS RESOLVED, by the governing body as follows: 1. The Fencing JPA is hereby approved and adopted. 2. The [City Administrator/Manager] is authorized and directed to make nominations and to cast votes on persons to be elected to the Fencing Consortium Board of Directors. 3. Staff are authorized and directed to do each of the following: a. Submit a fully executed copy of this Resolution as directed in the Fencing JPA to indicate membership in the Fencing Consortium; b. Designate a primary and secondary point of contact for the Fencing Consortium for administrative purposes. c. Coordinate with the other Fencing Consortium members and the Board on the selection of staff from the public works department to serve on the fencing deployment team; and d. To take such other actions as may be needed to carry out the intent of this Resolution and as may be required under the terms of the Fencing JPA. ADOPTED by the Eden Prairie City Council this __ day of ________, 2022. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk !C !C « « !( Technology Driv e Scenic Heights Road Anderson Lakes PkyMitchell RoadEden Prairie G G G D M P P P M G D H H K P P ´0 50 100 150 200 Feet Legend Key Locations Name DOOR GATE «HYDRANT !(Key Start Point !C Media PROTESTERS Length: 3,290' Total 4 Gates 2 Doors Eden Prairie 1:1440 or 1" = 120' CITY COUNCIL AGENDA SECTION: Consent Calendar DATE May 17, 2022 DEPARTMENT / DIVISION Administration Rick Clark, Facilities ITEM DESCRIPTION Fire 1 Kitchen Remodel ITEM NO. VIII.I. Requested Action Move to: Award Contract for Fire 1 Kitchen Remodel to Diversified Construction Synopsis Staff invited three bidders and received three bids with Diversified being the lowest bid. Diversified Construction $44,500 Gardner Builders $55,460 Integrity Remodeling $58,808.33 Background Anticipated as part of the 2022 Capital Improvement Plan, the kitchen at Fire Station 1 is 25 years old with cabinetry that is unrepairable and delaminating countertops. Facilities staff worked with Fire staff on selecting the new cabinetry to be used as well as creating a true center island to allow better utilization of the space. Solid surface counters and polished concrete floors have been chosen for longer life span selections. Plans were prepared by DSO Architecture and specs created by Facilities staff. Quotes were received and verified. Attachments Standard City Construction Contract with Diversified Construction Fire 1 Kitchen Plans 2018 08 01 Construction Contract This Contract (“Contract”) is made on the 17th day of May, 2022, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Diversified Construction, a Minnesota Corporation (hereinafter "Contractor") whose business address is 4931 West 35th Street, St. Louis Park, MN 55416. . 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 demolition and construction in Fire Station 1 Kitchen area hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Time of Commencement and Completion. The Work to be performed under this Contract shall be commenced immediately after execution of this Contract. The Work shall be completed by August 2nd, 2022. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $44,500.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. Standard Construction Contract 2018 08 01 Page 2 of 14 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 14 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 14 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 14 f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor’s expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds Standard Construction Contract 2018 08 01 Page 6 of 14 shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN $175,000] 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall Standard Construction Contract 2018 08 01 Page 7 of 14 deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. Standard Construction Contract 2018 08 01 Page 8 of 14 d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate Standard Construction Contract 2018 08 01 Page 9 of 14 of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the Standard Construction Contract 2018 08 01 Page 10 of 14 services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 25. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to Standard Construction Contract 2018 08 01 Page 11 of 14 termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. Standard Construction Contract 2018 08 01 Page 12 of 14 35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 37. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 38. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Standard Construction Contract 2018 08 01 Page 13 of 14 __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: ________________________________ Standard Construction Contract 2018 08 01 Page 14 of 14 EXHBIIT A Kitchen Remodel Fire Station 1, in accordance with the Plans and Specifications contained in the Architectural drawings #2107 dated April 11, 2022, prepared by DSO Architecture Commission no 2009, and the Bid Package Spec Document received April 13, 2022, is incorporated herein as if fully set forth. EXTENT OF FLOORING REMOVAL S1£Ef NO. I I II I 11 I I I I I I !L ____ _f---L _____ L ____ _j __ ...r--,_ __ I __ II I I I II I I I II I I I II I I I tt----1 I I II I I I II I I I 11 1 REMOVE ALL CABINETS 1 II I ,..-, J,-\ 11-----:j COUNTERS, FIXTURES, 1 \ / l ) :rr-----=-41 APPLIANCES&FLOORING : -:-:II 1 1i' REMOVE CONC. SLAB I,-1(-1 II I Iii I\ \ ) I 11 L --_Ji'AS REQ'D FOR PLUMBING -/ -:: i--7:i AND ELECTRICAL : il-_-_J : tt----=j : I II I 1-----7 II I I 1 II I I 1 II I I 1 ,--_J ___ lL ____ ..17 I IL ______ \: ______ _J : : L ____ _J I I REMOVE WALL : : I I i=====c:==i I IIIIIIIL ______ _J I I I I I I ,----1 ,-1 II II II I I I A1 FLOOR PLANS EDEN FRAIRIE FIRE STATION $fl KITCHEN REMODEL COMMISSION NO. 21 0 7 COPYRIGHT @ 2022 04-11-2022 3'-0" 2'-0" 1111 3'-0" 1111 2'-0" 1 '-�" SWITCH FOR DISPOSAL r------,-----7 ------,----�-I I 11011 DW1 I I II O II BELOWI II II I I II II I FUR WALL 3�II FOR PLUMBING _ _____ _L ____ _J ---L ____ ...l.__ REFER TO DRAWINGS BY 2020 FOR LAYOUT & ELEVATIONS I 2 DUPLEX OUTLETS ___ EACH END OF ISLAND OR REPORT WA$ PREPAREI' �y ME OR UNDER MY DIR1'CT 5LJ/'ERVl51ON AND THAT I AM A Dll..Y Lk:EN5EI' ARCHITecT UNDER THE I.AW$ Of THE $TATE Of �INNE:�TA �-�-� ,IGNATIJRP I D INAMEl �ANIEL !i. 0 �RIEN DATh � REG.NO., � II I ----� II I ----1 IIII----7 I SPICKETT i-FOR COFFEEMAKER q> :;..- q> :;..- 9N 9 :;..-DUPLEX OUTLET OUNTED IN CABINET i-PANTRY CABO? W/TRAY C") S ORAGE ABOVE NEW REFRIGERATOR 15703 BOULDER CREEK DRIVE MINNETON!<A, MN 55345 (612)242-0593 obOcosarch.com 2'-0" STUB GAS LINE TO EXTERIOR WITH SHUT-OFF & COUPLING CUSTOM CORNER CABINET q> N 9 C") 9>N c::w--' u:::: i­� POWER STRIP BELOW CTR DWBELOW CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 17, 2022 DEPARTMENT / DIVISION: Carter Schulze Public Works/ Engineering ITEM DESCRIPTION: I.C. 21811 Approve Professional Services Agreement with Bolton & Menk for the Final Design of the Willow Creek Culvert Replacement ITEM NO.: VIII.J. Requested Action Move to: Approve Professional Services Agreement with Bolton & Menk for the Final Design of the Willow Creek Culvert Replacement in the amount of $148,412.00. Synopsis This Professional Services Agreement will provide final design and bidding services to replace the existing bridge and culverts crossing Willow Creek Road, which serve as the outlet to Bryant Lake. Background The existing Willow Creek Road bridge and twin culverts are deteriorated to the point of requiring replacement. Following the recommendations from the feasibility study of options for replacement, the bridge and culverts will be replaced with 2 hydraulically matching culverts along with headwalls on each end to limit the extent of the disturbed area. The roadway over the culvert will be rebuilt to a City standard 28-ft section. The removal of the bridge and construction of the new culverts involves extensive design including a bypass for traffic as well as future accommodations for public utilities to serve the area. Neighborhood engagement is also included in the scope of the agreement. The anticipated schedule for the work is fall 2022. Financial Implications The project will be funded utilizing the Capital Maintenance & Reinvestment fund and the Storm Water Utility fund. Attachment Professional Services Agreement CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 17, 2022 DEPARTMENT / DIVISION: Carter Schulze Public Works/ Engineering ITEM DESCRIPTION: I.C. 17-5990 Approve Professional Services Agreement with WSB for Feasibility Report Design and Support for Dell Road ITEM NO.: VIII.K. Requested Action Move to: Approve Professional Services Agreement with WSB for the Feasibility Report Design and Support for Dell Road Reconstruction in the amount of $43,058.00. Synopsis This Professional Services Agreement will provide feasibility level design, cost estimating, preliminary assessment roll, and materials for neighborhood and public hearing meetings for Dell Road reconstruction between Crestwood Terrace and Flying Cloud Drive (CSAH 61). Background The City began evaluating improvements for this segment of Dell Road in 2006. Since then, several alignment alternatives have been considered and the City had worked with Hennepin County to coordinate improvements to the south end of Dell Road with the Flying Cloud Drive improvements in 2020. The preferred scope of the Dell Road Reconstruction Project, based on the evaluation of various alternatives for the corridor, includes: Construction of an urban (curb and gutter) roadway section with an 8-foot bituminous trail, storm sewer improvements, retaining wall improvements to limit impacts to adjacent properties, the installation of new culverts for the Riley Creek crossing and future pedestrian facilities and sanitary sewer and water main extension to the project area. The improvement is to meet MnDOT State Aid design guidelines. Pending receipt of a petition from the property owners within the Meadowcroft Addition, the scope of work may also include the replacement of the private driveway culvert that serves this development and conveys Riley Creek. On March 1, 2022, staff presented the key project components at the City Council workshop. Financial Implications The project will be funded utilizing State Aid funding, Special Assessments and local utility funds. Attachment Professional Services Agreement 2021 04 22 Version 2021 04 22 Agreement for Professional Services This Agreement (“Agreement”) is made on the 17th day of May, 2022, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and WSB (“Consultant”), a Minnesota corporation (hereinafter “Consultant”) whose business address is 540 Gateway Blvd, Burnsville, MN 55337. 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 Feasibility Report Preparation Design and Support for Dell Road Reconstruction 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 (WSB Letter dated May 5, 2022) 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 17, 2022 through December 30, 2022 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 $ 43,058.00 for the services as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. c. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for WSB Feasibility Design and Support for Dell Rd Reconstruction Page 2 of 10 2021 04 22 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. 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 WSB Feasibility Design and Support for Dell Rd Reconstruction Page 3 of 10 2021 04 22 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 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 WSB Feasibility Design and Support for Dell Rd Reconstruction Page 4 of 10 2021 04 22 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 $2,000,000 general aggregate $2,000,000 Products – Completed Operations WSB Feasibility Design and Support for Dell Rd Reconstruction Page 5 of 10 2021 04 22 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. k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional WSB Feasibility Design and Support for Dell Rd Reconstruction Page 6 of 10 2021 04 22 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 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 WSB Feasibility Design and Support for Dell Rd Reconstruction Page 7 of 10 2021 04 22 negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 12. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Consultant harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for WSB Feasibility Design and Support for Dell Rd Reconstruction Page 8 of 10 2021 04 22 mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this WSB Feasibility Design and Support for Dell Rd Reconstruction Page 9 of 10 2021 04 22 Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to WSB Feasibility Design and Support for Dell Rd Reconstruction Page 10 of 10 2021 04 22 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: Monica Heil Vice President of Municipal Services G:\.Clients All\Eden Prairie\Proposals\2022 Dell Road Feasibility Report\Dell Road Feasibility Report_WSB Proposal.docx 540 GATEWAY BLVD | BURNSVILLE, MN | 55337 | 952.737.4660 | WSBENG.COM May 5, 2022 Mr. Carter Schulze Assistant City Engineer City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 RE: Proposal to Provide Professional Engineering Services Feasibility Report Preparation Design and Support Dell Road Reconstruction Project Dear Mr. Schulze: On behalf of WSB we are pleased to submit this proposal to provide engineering services to the City of Eden Prairie. Specifically, our services will include preparation of the project Feasibility Report for the Dell Road Reconstruction Project. PROJECT UNDERSTANING The Dell Road Reconstruction Project is comprised of approximately 0.45 miles of undivided two-lane rural roadway, portions of which are paved, between Crestwood Terrace and the tie-in to the Flying Cloud Drive improvements completed in 2020. This portion of Dell Road crosses Riley Creek and is adjacent to the yet-undeveloped Marshall farm. The City began evaluating improvements for this segment of Dell Road in 2006. Since then, several alignment alternatives have been considered and the City had worked with Hennepin County to coordinate improvements to the south end of Dell Road with the Flying Cloud Drive improvements in 2020. The preferred scope of the Dell Road Reconstruction Project, based on the evaluation of various alternatives for the corridor, includes: Construction of an urban (curb and gutter) roadway section with an 8-foot bituminous trail, storm sewer improvements, retaining wall improvements to limit impacts to adjacent properties, the installation of new culverts for the Riley Creek crossing and future pedestrian facilities and sanitary sewer and water main extension to the project area. The improvement is to meet MnDOT State Aid design guidelines. Pending receipt of a petition from the property owners within the Meadowcroft Addition, the scope of work may also include the replacement of the private driveway culvert that serves this development and conveys Riley Creek. The City has identified Dell Road for reconstruction in its 2023-2032 Capital Improvement Plan (CIP) using a combination of State Aid Funds, Special Assessments and local funds. It is anticipated that construction would occur in 2025-2026. The actual timing of construction may be modified, however, due to development in the area. PROJECT APPROACH/SCOPE OF SERVICES WSB’s project scope and proposed tasks are based on our understanding of the project, and we propose the following scope of services: Mr. Carter Schulze May 5, 2022 Page 2 G:\.Clients All\Eden Prairie\Proposals\2022 Dell Road Feasibility Report\Dell Road Feasibility Report_WSB Proposal.docx Task 1 – Feasibility Report WSB will assist the City with preparation of a Feasibility Report for the Dell Road Reconstruction Project which will include: • Feasibility Report text — Executive Summary, Existing Conditions, Proposed Improvements, Utility Extension Alternatives, Special Considerations, Cost Estimate/Financing, and Recommendations. • Preparation of the preliminary assessment roll for the Dell Road Reconstruction Project for benefitting properties including parcel maps and sketches. • Maps and figures of the proposed improvements. WSB will utilize LIDAR, GIS, record plans and available soil maps for the area to assist with the preparation of the report and cost estimating for the project. WSB will attend the second neighborhood meeting for the Project as a part of this Feasibility Report task. WSB will prepare materials for and coordinate a feasibility report kick-off meeting with staff. WSB will also prepare materials for the Neighborhood Meeting and City Council meetings in which the Feasibility Report is presented and the Improvement Public Hearing is held for the Project as a part of this task. Deliverables will include (letters and notices will be sent by City Staff): • PowerPoint presentations for the Neighborhood meeting and City Council meeting to conduct the Public Hearing • Neighborhood meeting letters to residents • Public Hearing Notices • Public Hearing letters to residents Work Performed by the City of Eden Prairie It is our understanding that the City of Eden Prairie will prepare the final feasibility study using WSB provided information and recommendations, facilitate all public meetings, assist with meeting preparation and public interaction, provide special assessment history/information, review with WSB the condition of the existing utility systems, notice all public hearings in the local paper and will mail all required public hearing letters. Schedule Based on our discussions with City Staff, we are proposing the following schedule for the 2022 feasibility study and Public Hearing: • May 17, 2022 Authorize contract with WSB including design and support of the feasibility study • Week of June 6, 2022 o Kick off meeting with City Engineering staff ▪ Review special assessment policy and methodologies ▪ Review parcels and preliminary assessment roll • June/July/August o Coordinate trail corridor planning Mr. Carter Schulze May 5, 2022 Page 3 G:\.Clients All\Eden Prairie\Proposals\2022 Dell Road Feasibility Report\Dell Road Feasibility Report_WSB Proposal.docx o Schedule preapplication meetings with both watershed districts (RPBCWD and LMRWD) o Evaluate utility extension alternatives with City Staff • Week of September 12, 2022 City draft Feasibility Report due to WSB for review o WSB Comments returned week of September 26, 2022 o Final report expected the week of October 3, 2022. • September/October 2022 – Present Draft Feasibility Report to the benefitting properties • October, 2022 Present Feasibility Report to the Council and Order Public Hearing • November, 2022 Public Hearing and Order Project WSB will provide the services as outlined in Project Approach/Scope of Services. Our budget was developed based on our understanding of the scope and experience with past reconstruction projects in the area. We estimate an hourly not to exceed fee of $43,058.00. The proposed scope and fee presented herein represents our complete understanding of the project based on site visits and discussions with City staff. If you are in agreement with the terms of this proposal, we understand that the City will draft a Professional Services Agreement (PSA) for this work for execution by both parties. If you have any questions or concerns, please feel free to contact me at (952) 737-4675. Once again, we appreciate the opportunity to submit this proposal and look forward to working with you and your staff. Sincerely, WSB Monica Heil, PE Vice President of Municipal Services Attachments Cc: Rod Rue, City of Eden Prairie Paul Hornby, WSB CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 17, 2022 DEPARTMENT / DIVISION: Public Works Gerald Byington / Fleet Services ITEM DESCRIPTION: 2023 Vehicle & Equipment New And Replacement Vehicle Schedule ITEM NO.: VIII.L. Requested Action Move to: Approve the ordering and purchase of New and 2023 Replacement Plan vehicles and equipment as itemized on the attached schedules. Synopsis The Equipment Replacement Fund was developed by Fleet Services to provide a 15-year projection of equipment needs and a corresponding replacement schedule for each vehicle. Annual budget requests are created from this schedule to determine future year funding needs for operating budgets. Staff has finalized the details of each replacement or new vehicle purchase as per our current replacement policy guidelines. The final list is attached and submitted for approval. The planned Fleet Capital Internal Service Fund and CIP Vehicle purchase expenditures for 2023 are $1,569,050.00 Staff is also requesting authorization to order the 2023 replacement vehicles when the MN State Purchasing Agreement and manufacturers order window opens on May 19, 2022. This action is requested due to the expected long lead times from manufactures to deliver equipment/vehicles and the projected short time frame the manufactures will allow for orders for model year 2023 vehicles. Projected delivery dates for these vehicles will not be before early to mid-year 2023 so actual expenditures will occur until that time. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy vehicles and equipment under the terms of contracts already negotiated by the State of Minnesota. Joint Powers Agreements as listed in the City of Eden Prairie purchasing policy are also utilized. Attachment 2023 Replacement Vehicle and Equipment Purchase Lists TO: Robert Ellis FROM: Gerald Byington DATE: May 12, 2022 SUBJECT: 2023 Replacement Vehicle & Equipment Purchases—Fleet Capital Internal Service Fund Below is the list of replacement vehicles and equipment for calendar year 2023 funded through the Fleet Capital Internal Service Fund. These costs include vehicle set-up, special equipment, lighting and taxes: Service Area Replacement Total Cost Street Division 113 John Deer 1580 Mower $44,500.00 140 1 Ton Dually Bucket Truck with Platform $120,000.00 177 Single Axle Truck with plow/ Underbody blade and wing $250,000.00 191 1 ton chassis with utility body and small crane $100,000.00 Sub Total $514,500.00 Park Maint. 409 Karcher/Belos MIC-84 $171,000.00 420 1 Ton 4500HD Regular Cab 4x4 Dump Body with plow $90,000.00 431 Refuge Truck Packer Body $120,000.00 432 Toro 3280D $42,000.00 462 ¾ ton Extended cab short box 4X4 with plow $56,500.00 463 ¾ ton Extended cab short box 4X4 with plow $56,500.00 481 Toro 5910 $126,000.00 479 TORO 4700D $90,750.00 Sub Total $757,750.00 Service Area Replacement Fire & Insp. 355 Ford Explorer Hybrid Pursuit Version $42,000.00 359 Chevrolet Tahoe Pursuit Rated $54,400.00 Sub Total $96,400 Service Area Replacement Total Cost Facilities 501 Chevrolet Bolt Sub Total $48,000.00 General Gov’t 940 Dodge Grand Caravan $36,000.00 941 Dodge Grand Caravan $36,000.00 Sub Total $72,000.00 Service Area Replacement Total Cost Police 208 Ford Explorer Eco Boost $46,000.00 223 Ford Explorer Eco Boost $46,000.00 236 Mustang E GT $58,500.00 238 Mustang E GT $58,500.00 262 Ford Explorer Eco Boost $46,000.00 264 Pursuit Rated Chevrolet Tahoe $54,400.00 New Ford Explorer Hybrid $59,000.00 Sub Total $368,400.00 $59,000.00 is 2023 CIP Funded Sub Total $1,809,050.00 Less salvage value $300,000.00 Total Equipment Fund $1,569,050.00 This includes the Water/Utility Vehicles costs below. TO: Robert Ellis FROM: Gerald Byington DATE: May 12, 2022 SUBJECT: 2023 Replacement Vehicle & Equipment Purchases (Water, Sewer, Storm) Here is the list of replacement vehicles and equipment for calendar year 2023 funded through the. Fleet Capital Internal Service Fund for Water, Sewer, and Storm. These costs include vehicle set-up, special equipment, lighting and taxes: Service Area Replacement Total Cost Water/Utility 729 ¾ ton Regular Cab Short box with plow $55,000.00 750 John Deere Gator 4X2 Electric $20,000.00 Sub Total $75,000 Less salvage value $7500.00 Total Equipment Fund $67,500 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 17, 2022 DEPARTMENT/DIVISION: Patrick Sejkora Public Works / Engineering ITEM DESCRIPTION: I.C. 20815 Award Contract for Manor Road N Drainage Improvements to BKJ Land Co II DBA BKJ Excavating ITEM NO.: VIII.M. Requested Action Move to: Award contract for the Manor Road N Drainage Improvements to BKJ Land Co II DBA BKJ Excavating in the amount of $329,043.75. Synopsis Online bids were received on Monday May 9, 2022 for this project. The four bids received are summarized in the attached summary of bids. The low bid, in the amount of $329,043.75, was submitted by BKJ Excavating. The low bid is 2% above the Engineer’s Estimate. Our consultant and staff recommend awarding the contract for the project to BKJ Excavating, who have worked in Eden Prairie on similar projects, in the amount of $329,043.75. Background Information The section of Manor Road North between Undestad Street and West 168th Avenue currently lacks curb and gutter and has minimal storm sewer infrastructure. There is a swale between two homes that collects runoff from the street and directs it to a catch basin in a rear yard. Despite, several improvements in the past by City staff, the swale and catch basin have proven difficult to maintain for both City staff and homeowners. Additionally, stormwater runoff routinely leaves the right-of-way and runs down the northerly driveways, causing nuisance drainage issues. To address these drainage issues, this project includes a full street reconstruction of this section of Manor Road North to incorporate curb and gutter and additional storm sewer. Lastly, a small section of sump pump collection system will be installed near the intersection of West 168th Street and Manor Road North to connect several sump pump discharges. Project Cost Summary The project will be funded with Pavement Management and Stormwater funds. Attachments Letter of Recommendation Summary of Bids Contract May 9, 2022 Mr. Patrick Sejkora City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Manor Road N Drainage Improvements City Project # 20815 Dear Mr. Sejkora, Bids were received and opened at 10:00 a.m. on Monday May 9, 2022, for the above referenced project. The bids are shown on the attached Summary of Bids. The low bidder, BKJ Land Co II dba BKJ Excavating, came in with a base bid of $329,043.75. Recommendation is made that the City Council awards City Project # 20815 to BKJ Land Co II dba BKJ Excavating in the amount of $329,043.75 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 SUMMARY OF BIDS City of Eden Prairie City Project # 20815 DESCRIPTION: Manor Road N Drainage Improvements BID OPENED: May 9, 2022 CONSULTING ENGINEER: Hansen Thorp Pellinen Olson, Inc. CHECKED BY: Hansen Thorp Pellinen Olson, Inc. Bid Responsible Base Bidder Bond Contractor Bid Engineer’s Estimate $322,180.00 BKJ Land Co II dba BKJ Excavating Yes Yes $329,043.75 New Look Contracting, Inc. Yes Yes $394,275.00 Bituminous Roadways Inc. Yes Yes $458,781.00 Urban Companies Yes Yes $472,765.00 FC-1 FORM OF CONTRACT THIS AGREEMENT, made and executed this day of 20__, by and between City of Eden Prairie hereinafter referred to as the "CITY", and ___________________ _______________ 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 inParagraph IV, as provided by the CITY for: I.C. _______________________________________________________________ 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 inaccordance 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'Sproposal on file in the office of the City Engineer. The aggregate sum of such prices, basedon estimated required quantities is estimated to be $_________________. 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 Bidsb. Instruction to Biddersc. Accepted Proposal d. Contract Agreement e. Contractor's Performance Bondf. Contractor's Payment Bond (2)Special Conditions (3)Detail Specifications (4)General Conditions 17th May 22 BKJ Land Co II DBA BKJ Excacvating 20815 Manor Road N Drainage Improvements 329,043.75 FC-2 (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 thisAgreement 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: By Title And Title CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 17, 2022 DEPARTMENT/DIVISION: Public Works / Engineering Patrick Sejkora ITEM DESCRIPTION: Approve Maintenance Agreement with EP Campus I, LLC ITEM NO.: VIII.N. Requested Action Move to: Approve maintenance agreement with the EP Campus I, LLC Synopsis This agreement outlines long term maintenance responsibility for stormwater facilities at EP Campus. Background Information This agreement will establish maintenance responsibilities for existing stormwater management facilities at the EP Campus operated by United Healthcare Services, Inc. Attachment Maintenance Agreement CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: May 17, 2022 DEPARTMENT/DIVISION: Police Department Chief Matt Sackett ITEM DESCRIPTION: Declare Surplus Property ITEM NO.: VIII.O. Requested Action Move to: Declare property as surplus and authorize transfer of surplus property to other city police departments Synopsis The Eden Prairie Police Department has accumulated a quantity of expired ballistic helmets, plates and vests which will be transferred to several Minnesota police departments at no cost. Background Information The Eden Prairie Police Department has several ballistic helmets, plates and vests which are expired per the manufactuer’s specifications and have reached the end of their service life with our department. Several other police departments that are in need of protective gear have expressed interest in the expired equipment. Minnesota Statutes § 471.85 permits the City to transfer its personal property without consideration to another city for public use when authorized by the City Council. The equipment described on the attached Exhibit A will be transferred to the other cities “as is” with no representations or warranties as to condition. Attachment Exhibit A – Surplus Property Surplus Property May 2022 Exhibit A Item #Description of Property Serial Number 1 X-CAL Ballistic Plate 3996384-44 2 X-CAL Ballistic Plate 3996384-18 3 X-CAL Ballistic Plate 3996384-48 4 X-CAL Ballistic Plate 3996384-49 5 X-CAL Ballistic Plate 3996384-57 6 X-CAL Ballistic Plate 3996384-19 7 X-CAL Ballistic Plate 3996384-63 8 X-CAL Ballistic Plate 3996384-62 9 X-CAL Ballistic Plate 3996384-50 10 X-CAL Ballistic Plate 3996384-37 11 X-CAL Ballistic Plate 3996384 -56 12 X-CAL Ballistic Plate 3953491-76 13 X-CAL Ballistic Plate 3953491-77 14 X-CAL Ballistic Plate 3996384-61 15 X-CAL Ballistic Plate 3996384-42 16 X-CAL Ballistic Plate 3996384-30 17 X-CAL Ballistic Plate 3996384-73 18 X-CAL Ballistic Plate 3996384-71 19 X-CAL Ballistic Plate 3996384-98 20 X-CAL Ballistic Plate 3996384-64 21 X-CAL Ballistic Plate 3996384-46 22 X-CAL Ballistic Plate 3996384-47 23 X-CAL Ballistic Plate 3996384-472 24 X-CAL Ballistic Plate 3996384-39 25 X-CAL Ballistic Plate 3996384-36 26 X-CAL Ballistic Plate 3996384-36 27 X-CAL Ballistic Plate 3996384-39 28 X-CAL Ballistic Plate 4494447-909 29 X-CAL Ballistic Plate 4494447-910 30 X-CAL Ballistic Plate 3996384-28 31 X-CAL Ballistic Plate 3996384-65 32 X-CAL Ballistic Plate 3996384-58 33 X-CAL Ballistic Plate 3996384-59 34 X-CAL Ballistic Plate 3996384-60 35 X-CAL Ballistic Plate 3996384-29 36 Protech XL Ballistic SWAT Vest 16216 37 Protech L Ballistic SWAT Vest 5678 38 Protech M Ballistic SWAT Vest 200XPX01 39 Protech L Ballistic SWAT Vest 6272 40 Ceradyne Ballistic Helmet 8131006807 41 Ceradyne Ballistic Helmet 227364 42 Ceradyne Ballistic Helmet 227258 43 Ceradyne Ballistic Helmet 227336 44 Ceradyne Ballistic Helmet 227352 45 Ceradyne Ballistic Helmet 227312 46 Ceradyne Ballistic Helmet 227356 47 Ceradyne Ballistic Helmet 227362 48 Ceradyne Ballistic Helmet 236192 49 Ceradyne Ballistic Helmet 227344 50 Ceradyne Ballistic Helmet 227342 51 Ceradyne Ballistic Helmet 227340 52 Ceradyne Ballistic Helmet 227354 53 Ceradyne Ballistic Helmet 227361 54 Ceradyne Ballistic Helmet 227349 55 Ceradyne Ballistic Helmet 227262 56 Ceradyne Ballistic Helmet 227353 57 Ceradyne Ballistic Helmet 227255 58 Ceradyne Ballistic Helmet 227355 59 Ceradyne Ballistic Helmet 227337 60 Ceradyne Ballistic Helmet 227368 61 Ceradyne Ballistic Helmet 227154 62 Ceradyne Ballistic Helmet 227339 63 Ceradyne Ballistic Helmet 227358 64 Ceradyne Ballistic Helmet Unknown (Serial # Removed) 65 66 CITY COUNCIL AGENDA SECTION: Public Hearings DATE: May 17, 2022 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/ Beth Novak-Krebs ITEM DESCRIPTION: Suite Living of Eden Prairie ITEM NO.: IX.A. Requested Action Move to: • Close the Public Hearing; and • Adopt a Resolution for a Planned Unit Development Concept Review on 2.85 acres • Approve the 1st Reading of an Ordinance for a Planned Unit Development Amendment with waivers on 2.85 acres • Adopt a Resolution for a Preliminary Plat of one parcel into one lot and two outlots on 2.85 acres • Adopt a Resolution for the Findings of Fact in Support of Park Dedication Fees • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions Synopsis The applicant is requesting approval to construct an assisted living and memory care facility with 32 units on the property located at 9360 Hennepin Town Road. The 2.85-acre property is located on the west side of Hennepin Town Road ¼ mile south of Anderson Lakes Parkway. Currently, there is a single-family home on the property. The land is generally flat with a small wetland on both the west and east side of the property. The eastern 2/3 of the property is wooded with some trees around the perimeter of the property. The proposed one-story building will include 20 assisted living units and 12 memory care units. The applicant has stated that none of the residents drive. The use requires 14 parking stalls and the plan includes 17 parking stalls for employees and visitors. The property is guided Medium Density Residential in Aspire 2040, which allows a density of 5 to 14 units per acre. The proposed density is 11.22 units per acre, which is consistent with the density ranges provided in the Comprehensive Plan. The property is zoned RM-6.5. The zoning is consistent with the guiding of the property. Background COMPREHENSIVE PLAN AND ZONING The proposed density of the property is consistent with the City’s Comprehensive Plan. City Code allows a maximum density of only 6.7 units per acre in the RM6.5 Zoning District. With a project density of 11.2 units per acre, the applicant is requesting a waiver for the density. PRELIMINARY PLAT The applicant is proposing a preliminary plat that would create one lot for the assisted living and memory care building and Outlots A and B for each wetland and associated wetland buffer. The applicant is proposing to deed the outlots to the City. The City will maintain and preserve the wetlands. The City will require conservation easements over the wetlands and wetland buffers. PARK DEDICATION Although the residents may not have the capacity to use City parks due to the nature of the use, there will be employees and visitors that may use the City’s park system and the paved trail along Hennepin Town Road. The proposed development does not have any portion of land that would be appropriate for a park. The property has a wetland area on the west side and on the east side that are not suitable as active parkland. The existing sidewalk and trail system provides access to the broader park, trail and sidewalk system. The City’s Pedestrian and Bicycle Plan recommends that Amsden Way and Linden Drive become Neighborhood Slow Streets to improve the bicycle system in the area. AFFORDABILITY The applicant indicates that 30% of the units are reserved for holders of elderly waivers under a state program that provides home and community-based services for people who need the level of care provided in a nursing home but who choose to live in the community. The Elderly Waiver program uses federal poverty guidelines to verify the low incomes of waiver holders and staff has confirmed that Suite Living’s set-aside practice presently satisfies the City’s Inclusionary Housing Ordinance option of having at least 10% of units affordable to households at or below 50% of the area median income, or AMI. Additional details relating to affordability requirements and income and rent limits will be addressed in the development agreement. TRAFFIC The development will generate very low peak hour traffic volumes and will have a negligible impact on the operations of the adjacent roadway. The applicant submitted data about the anticipated number of vehicle trips going into and coming out of the property. The information is gathered from the ITE Trip Generation manual. The information from the manual indicates the site is estimated to generate1 entering and 1 exiting trips during the morning traffic peak and 1 entering and 1 exiting trips during the afternoon traffic peak hour. There could be a total of 21 trips per day for the property. This proposed trip generation is significantly lower than the previous proposals on this property. PLANNED UNIT DEVELOPMENT WAIVERS The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City; to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. As a part of the PUD, the applicant is seeking waivers to City Code requirements as outlined below. • Maximum Gross Density City Code requires a maximum density of 6.7 units per acre in the RM-6.5 Zoning District. The proposed density is 11.22 units per acre and is consistent with the Comprehensive Plan. LANDSCAPING AND TREE REPLACEMENT The project requires 66 caliper inches for landscaping. The project includes foundation plantings and trees along the drive and property lines. The caliper inches proposed for landscaping is 67, which exceeds City Code requirements. The plan also includes shrubs, ornamental grasses and perennials to complete the overall landscaping on the site. The project requires 557 caliper inches for tree replacement. The plan includes 520 caliper inches for tree replacement. In order to comply with the Tree Replacement requirement, the applicant will be required to pay the fee in lieu of tree replacement for 37 caliper inches. SUSTAINABILITY FEATURES The applicant is proposing a number of sustainable features in this project as listed below: • EV charging station • Solar panels on the roof of the building at time of construction • Solar panels (to power EV charging station) • Rainwater reuse cistern (for irrigation) • Energy Design Assistance Program offered by Xcel Energy • Recycling bins Attachments 1. Resolution PUD Concept Review 2. Ordinance for PUD with waivers 3. Resolution for a Preliminary Plat 4. Resolution for Findings of Fact in Support of Park Dedication Fees 5. Aerial Photo 6. Land Use Map 7. Zoning Map 8. Staff Report 9. Planning Commission Minutes CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF SUITE LIVING OF EDEN PRAIRIE FOR LANDCO INVESTMENTS OF EDEN PRAIRIE WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on April 25, 2022, on Suite Living of Eden Prairie by Landco Investments of Eden Prairie and considered their request for approval of the PUD Concept Plan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on May 17, 2022. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Suite Living of Eden Prairie, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof (“Property”). 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated May 12, 2022. 3. That the PUD Concept meets the recommendations of the Planning Commission dated June 25, 2022. ADOPTED by the City Council of the City of Eden Prairie this 17th day of May, 2022. _______________________ Kathy Nelson, Acting Mayor ATTEST: ______________________________ Nicole Tingley, City Clerk EXHIBIT A PUD Concept Legal Description Before Final Plat: A tract of land in the Southeast Quarter of Section 24, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the Southeast corner of said Section 24, and thence West along the South line of said Section a distance of 648.0 feet; thence North and parallel to the East line of said Section a distance of 205.0 feet; thence East and parallel to the South line of described tract a distance of 410.0 feet; thence North and parallel to said east line a distance of 10.0 feet; thence East and parallel to said South line a distance of 238.0 feet to said East line; thence South along said East line a distance of 215.0 feet to the point of beginning, which lies Easterly of a line drawn parallel with and distant 51 feet Westerly of the East line of the Southeast Quarter of Section 24, Township 116, Range 22, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. Abstract Property Legal Description After the Final Plat Lot 1, Block 1 and Outlots A and B, Suite Living of Eden Prairie, Hennepin County, Minnesota SUITE LIVING OF EDEN PRAIRIE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2022-PUD-_-2022 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the designation of the land be amended within the RM-6.5 Zoning District as -2022-PUD-_-2022 (hereinafter "PUD-_-2022”). Section 3. The City Council hereby makes the following findings: A. PUD-_-2022 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2022 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2022 are justified by the design of the development described therein. D. PUD-_-2022 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit. Section 4. The proposal is hereby adopted and the designation of the land shall be, and hereby is amended in the RM-6.5 Zoning District as Planned Unit Development PUD-_- 2022 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of _____, 2022 entered into between Landco Investments of Eden Prairie, a Minnesota limited liability company, and the City of Eden Prairie (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2022, and are hereby made a part hereof. Section 6. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th Day of May, 2022, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the ___ day of ___, 2022. ATTEST: __________________________________ ___________________________________ Nicole Tingley, City Clerk Kathy Nelson, Acting Mayor PUBLISHED in the Sun Sailor on _____, 2022. EXHIBIT A PUD Legal Description Legal Description Before Final Plat A tract of land in the Southeast Quarter of Section 24, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the Southeast corner of said Section 24, and thence West along the South line of said Section a distance of 648.0 feet; thence North and parallel to the East line of said Section a distance of 205.0 feet; thence East and parallel to the South line of described tract a distance of 410.0 feet; thence North and parallel to said east line a distance of 10.0 feet; thence East and parallel to said South line a distance of 238.0 feet to said East line; thence South along said East line a distance of 215.0 feet to the point of beginning, which lies Easterly of a line drawn parallel with and distant 51 feet Westerly of the East line of the Southeast Quarter of Section 24, Township 116, Range 22, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. Abstract Property Legal Description After the Final Plat Lot 1, Block 1 and Outlots A and B, Suite Living of Eden Prairie, Hennepin County, Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-___ RESOLUTION APPROVING THE PRELIMINARY PLAT OF SUITE LIVING OF EDEN PRAIRIE FOR LANDCO INVESTMENTS OF EDEN PRAIRIE, LLC BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Suite Living of Eden Prairie for Landco Investments of Eden Prairie, LLC stamp dated May 12, 2022, and consisting of 2.85 acres into one lot and two outlots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved subject to approval of the 2nd reading of the Ordinance for the Planned Development District Review with waivers and approval of the Development Agreement. ADOPTED by the Eden Prairie City Council on the 17th day of May, 2022. _______________________________ Kathy Nelson, Acting Mayor ATTEST: __________________________ Nicole Tingley, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-____ A RESOLUTION ADOPTING FINDINGS OF FACT IN SUPPORT OF PARK DEDICATION FEES FOR SUITE LIVING OF EDEN PRAIRIE WHEREAS, City Code Chapter 12, Section 12.40 Subd. 1 requires an owner of land being subdivided to dedicate to the public for public use as parks, playgrounds or public open space a reasonable portion of the land up to 10% thereof; and, WHEREAS, in lieu of dedicating land, City Code Chapter 12, Section 12.40 Subd. 2; gives the City the option to require the developer to contribute an equivalent amount in cash in lieu of all or a portion of the land which the City may require such owner to dedicate in accordance with the schedule to be set by resolution of the Council; WHEREAS, the Suite Living of Eden Prairie project includes subdivision of property pursuant to City Code Chapter 12 and construction of a 32-unit assisted living and memory care residential facility (the “Project”); WHEREAS the payment of cash park fees in lieu of land dedication is appropriate given the nature of the use on the property; WHEREAS, the City’s current fee ordinance sets the cash park fee at $5,500 per residential unit, which amount was calculated in accordance with Minn. Stat. § 462.358, subd. 2b(c); WHEREAS, the City Council held a public hearing at its May 17, 2022 meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the following findings are hereby adopted in support of the imposition of a cash park fee in lieu of land dedication as a condition of subdivision approval for the Suite Living of Eden Prairie project: 1. The Project does not include available land that is suitable for parkland. The land areas outside of the developable area include wetlands and will be protected by conservation easements that prohibit development. 2. The Project includes the construction of 20 assisted living units and 12 memory care units. Development and occupancy of the units is expected to have an impact on the City’s parks and trail system. 3. The Project is directly connected to public trails providing access to parks and open spaces, increasing the likelihood that residents, staff, and visitors of the Project will use the City’s trails, parks, and open spaces. 4. The City has sidewalks and trails throughout the neighborhood. The City improves and maintains the pedestrian and bicycle facilities for all residents and visitors to enjoy. 5. There is an essential nexus between requiring the cash park fees for the Project and the City’s goal of providing a high-quality park system for all individuals who live or work in the City, including residents, staff, and visitors of the Project. 6. The need for parkland created by the Project is roughly proportional to the cash park fee amount required by the City’s fee ordinance. The cash park fees will be used for future anticipated park acquisition and improvement projects in the City, pedestrian and bicycle facility improvements, and other projects to improve City park and recreational facilities that are likely to be used by employees, visitors and residents of the Project. ADOPTED by the City Council of the City of Eden Prairie this 17th day of May, 2022. ____________________________________ Kathy Nelson, Acting Mayor ATTEST: ___________________________ Nicole Tingley, City Clerk £¤169 A ND ERSON LAKES P KW Y TALUSCIR AMSDENWAYCLARK CIR G A R R I SONWAYHENNEPIN TOWN RD¯0 250 500125 Feet Project Site Aerial Map: Suite Living of Eden PrairieAddress: 9360 Hennepin Town Road Eden Prairie, MN 55347 RAMPUS HIGHWAY 169AM S D E N W A Y ANDERSON L A K E S P K W Y HENNEPIN TOWN RDTALUS CIR GARRISON WAY LEAFTOP CIRCLARK CIR RAMPRAMPUS HIGHWAY 169City of Eden Prairie Land Use Guide Plan Map 2010-2040 ¯ DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialGuidePlan.mxd Map was Updated/Created: April 18, 2008 Guide Plan Map: Suite Living of Eden Prairie Address: 9360 Hennepin Town Road Eden Prairie, Minnesota Rural Low Density Residential Medium Density Residential Medium High Density Residential High Density Residential Mixed-Use Town Center Transit-Oriented Development Regional Commercial Commercial Office Industrial Flex Tech Flex Service Eco Innovation Industrial Airport Public / Semi-Public Parks & Open Space Golf Course Utility & Railroad Right-of-Way CityLimits 410 0 410205 Feet Date Approved: 10-01-2019 Project Site £¤169 A N D ER S O N L A KES P K W Y GA R R I S O N WA YAMSDENWAY LAURELDRHENNEPIN TOWN RDAMSDEN WAYASPEN CIRTAR N C I R L IN DEN DRRISEWOODCIRCLARK CIR GARRISONWAYLEAFTOPCIRHENNEPINTOW N R DTA LUS C IR BRIGHTONLN B RI G HT O NLNCity of Eden Prairie Zoning Map In case of discrepency related to a zoning classification on this zoning map, the Ordinanceand attached legal description on file at Eden Prairie City Center will prevail. ¯ Up dated through approved Ordinances #26-2008 Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition Date: March 1, 2020 0 0.150.075 Miles DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnessof the information contained in this map. It is your responsibility to verify the accuracyof this information. In no event will The City of Eden Prairie be liable for any damages,including loss of business, lost profits, business interruption, loss of business informationor other pecuniary loss that might arise from the use of this map or the information itcontains. Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to The City of Eden Prairie.M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\OfficialMaps\OfficialZoning.mxd Map was Updated/Created: June 11, 2008 Zoning Map: Suite Living of Eden Prairie Address: 9360 Hennepin Town Road Eden Prairie, Minnesota Lakes Rural R1-44 One Family- 44,000 sf. min. R1-22 One Family-22,000 sf min. R1-13.5 One Family-13,500 sf min. R1-9.5 One Family-9,500 sf min. RM-6.5 Multi-Family-6.7 U.P.A. max. RM-2.5 Multi-Family-17.4 U.P.A. max. Airport Office Office Neighborhood Commercial Community Commercial Highway Commercial Airport Commercial Regional Service Commercial Regional Commercial TC-C TC-R TC-MU TOD-E TOD-R Transit Oriented Development - Residential Transit Oriented Development - Residential TOD-MU Industrial Park - 2 Acre Min, Industrial Park - 5 Acre Min. General Industrial - 5 Acre Min. Public Parks and Open Space Golf Course Water Right of Way Project Site SITE STAFF REPORT TO: Planning Commission FROM: Beth Novak-Krebs, Senior Planner DATE: April 21, 2022 SUBJECT: Suite Living of Eden Prairie LOCATION: 9360 Hennepin Town Road REQUEST: • Planned Unit Development Concept Review on 2.85 acres • Planned Unit Development Amendment with waivers on 2.85 acres • Site Plan Review on 2.85 acres • Preliminary Plat of one parcel into one lot and two outlots on 2.85 acres BACKGROUND The applicant is requesting approval to construct an assisted living and memory care facility with 32 units on the property located at 9360 Hennepin Town Road. The 2.85-acre property is located on the west side of Hennepin Town Road ¼ mile south of Anderson Lakes Parkway. Currently there is a single family home on the property. The land is generally flat with a small wetland on both the west and east side of the property. The eastern 2/3 of the property is wooded with some trees around the perimeter of the property. Surrounding land uses include residential and commercial to the north, residential to the west and residential and open space to the south. Hennepin Town Road and Highway 169 run along the east side of the property. The majority of the homes in the immediate residential neighborhood are ramblers and split level homes. The applicant is proposing an approximately 21,000 square foot one-story assisted living and memory care facility. The building will include 20 assisted living units and 12 memory care units. There will be 3 to 5 employees. According to the applicant, none of the residents drive. The use requires 14 parking stalls and the plan includes 17 parking stalls for employees and visitors. COMPREHENSIVE PLAN AND ZONING The property is guided Medium Density Residential in Aspire 2040, which allows a density of 5 to 14 units Staff Report – Suite Living of Eden Prairie Page 2 2 per acre. The proposed density is 11.22 units per acre, which is consistent with the density ranges provided in the Comprehensive Plan. The property is zoned RM-6.5. The zoning is consistent with the guiding of the property. The maximum density allowed by the RM-6.5 zoning is 6.7 units per acre. The applicant is requesting a waiver to allow the density of 11.22 units per acre. The property is identified as an infill site on the Infill Development Sites Map in the Aspire 2040 Plan. Through the Aspire process, the City Council discussed infill development sites noting that proposed development should address a variety of items such as, existing environment and character of the surrounding developments, pedestrian and vehicular connections, and housing product type in order to provide lifecycle housing options for the community. PROJECT REVIEWSUMMARY The current proposal includes 32 units in a one-story building. The current project is proposed to generate 21 trips per day, which is fewer vehicle trips than either of the previous projects. The current project requires 14 parking stalls. The proposed project includes 17 surface parking stalls. On July 13, 2021, the City approved a proposal for the property, titled Morimoto CityHomes. The approved plan includes 16 owner-occupied townhomes that are two-story with two car garages. The overall density is 5.6 units per acre. All of the required parking for Morimoto CityHomes is accommodated in attached garages. The plan includes 7 visitor stalls. The developer was unable to secure financing, so the property was put back on the market for sale. In 2020, the City reviewed a proposal for the property called The Lofts at Anderson Reserve. The Planning Commission recommended approval to the City Council, but the application was withdrawn before the 1st Reading before the Council because the project was not awarded the tax credits needed to finance the project. The proposal included a three-story building with 52 units at a density of 18.25 units per acre. The project included underground parking and 50 surface parking stalls. The table below includes a comparison between the three projects Total Units Density (Units/Acre) Total Weekday Daily Vehicle Trips Parking Required Number of Stories Building Height (Ft). *Population Suite Living of Eden Prairie 32 11.22 21 14 1 20 32 Morimoto CityHomes Proposal 16 5.6 117 32 2 24 40 The Lofts at Anderson Reserve Previous Proposal 52 18.25 283 104 3 40 130 * The population numbers are based on an average of 2.5 persons per household. Population for the assisted living is based on 32 private suites. Staff Report – Suite Living of Eden Prairie Page 3 3 PRELIMINARY PLAT The applicant is proposing a preliminary plat that would create one lot for the assisted living and memory care building and Outlots A and B for each wetland and associated wetland buffer. The applicant is proposing to deed the outlots to the City. The City will maintain and preserve the wetlands. The City will require conservation easements over the wetlands and wetland buffers. SITE PLAN The proposal includes one approximately 21,000 square foot building situated parallel to the south and north property lines between the two wetlands on the property. The only vehicular access to the site is from Hennepin Town Road with the access drive coming into the site with a turnaround at the end of the drive. The plan includes 17 surface parking stalls in front of the building along the entry drive. The plan also includes a patio in the back of the building with a sidewalk that wraps around the west side of the building and follows the access drive to connect to the trail along Hennepin Town Road. Staff Report – Suite Living of Eden Prairie Page 4 4 BUILDING ARCHITECTURE Although buildings in the RM-6.5 zoning district are exempt for the building material and articulation requirements, the building includes recesses, projections, and material and color variations to create visual variety. The proposal includes quality building material including stone, glass and fiber cement siding. AFFORDABILITY The applicant indicates that 30% of the units are reserved for holders of elderly waivers under a state program that provides home and community-based services for people who need the level of care provided in a nursing home but who choose to live in the community. The Elderly Waiver program uses federal poverty guidelines to verify the low incomes of waiver holders and staff has confirmed that Suite Living’s set-aside practice presently satisfies the City’s Inclusionary Housing Ordinance option of having at least 10% of units affordable to households at or below 50% of the area median income, or AMI. Additional details pertaining income and rent limits will be addressed in the development agreement. TRAFFIC Hennepin Town Road is designated as a Major Collector on the eastern boundary of the property and provides access to the property. Hennepin Town Road provides access to Highway 169 via the interchanges at Anderson Lakes Parkway and Pioneer Trail. The proposal includes one access point to the property and does not connect with any neighboring local streets. The applicant submitted data about the anticipated number of vehicle trips going into and coming out of the property. The information is gathered from the ITE Trip Generation manual. The information from the manual indicates the site is estimated to generate1 entering and 1 exiting trips during the morning traffic peak and 1 entering and 1 exiting trips during the afternoon traffic peak hour. There could be a total of 21 trips per day for the property. A collector road or distributor road is a low-to-moderate-capacity road which serves to move traffic from local streets to arterial roads. Unlike arterials, collector roads are designed to provide access to residential properties. Based on the classification of Hennepin Town Road, the capacity range of a major collector is Staff Report – Suite Living of Eden Prairie Page 5 5 1,100 – 6,300 vehicles per day. This varies depending on proper driveway spacing, lane width, speed limit, pedestrian facilities and access. The average daily traffic counted on Hennepin Town Road in 2016 was 3,444. The development will generate very low peak hour traffic volumes and will have a negligible impact on the operations of the adjacent roadway. PLANNED UNIT DEVELOPMENT WAIVERS The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City; to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. As a part of the PUD, the applicant is seeking waivers to City Code requirements as outlined below. 1. Maximum Gross Density City Code requires a maximum density of 6.7 units per acre in the RM-6.5 Zoning District. The proposed density is 11.22 units per acre and is consistent with the Comprehensive Plan. LANDSCAPE AND TREE REPLACEMENT PLAN The project requires 66 caliper inches for landscaping. The project includes foundation plantings and trees along the drive. The caliper inches proposed for landscaping is 85, which exceeds City Code requirements. The plan also includes shrubs, ornamental grasses and perennials to complete the overall landscaping on the site. The project requires 502 caliper inches for tree replacement. The plan includes 502 caliper inches for tree replacement. For some of the trees proposing to be saved, grading adjustments may be needed in order to ensure that 60% of the tree roots are unaffected. Staff is recommending a condition that the grading plan be revised to reflect these changes prior to the 1st reading at Council. SIDEWALKS AND TRAILS There is an existing paved trail along the west side of Hennepin Town Road. The proposal includes a sidewalk along the entrance drive that connects with the trail along Hennepin Town Road. The proposed sidewalk also wraps around the west side of the building and connects with the patio in the back of the building. The sidewalk and trail provide access to commercial uses to the north and to a more extensive trail system. DRAINAGE The existing parcel consists of a single family residential home, while the remainder is generally wooded. The parcel currently drains to two on-site wetlands. The wetlands ultimately drain to the east under Hennepin Town Road to Woodbridge Marsh in Bloomington. The proposed development will direct runoff from impervious surfaces to two underground stormwater filtration systems located beneath the turnaround and one beneath the entrance and green space along the north property line. The filtration systems remove stormwater pollutants and provide rate control for the Staff Report – Suite Living of Eden Prairie Page 6 6 stormwater discharges. A stormwater reuse system also collects runoff in a cistern for use for on-site irrigation. LIGHTING The proposed lighting plan includes (8) 14-foot tall pole lights to provide lighting for the parking, turnaround, and drive into the site. In addition there are lights on the building and near the front entrance. The lighting does not exceed .5 footcandles at the perimeter property lines. SIGNS The applicant is proposing a sign at the entrance into the site. The applicant is required to have a sign at the entrance into the site that includes addresses for emergency vehicle purposes. All proposed signs will require review and approval through the sign permit process and compliance with Section 11.70. UTILITIES There is an existing water main along Hennepin Town Road with service available to the subject property. The applicant is proposing to connect water service to the water main. The water main has capacity to accommodate the development. The closest existing sanitary sewer main is approximately 160 feet north of the property in Clark Circle. The applicant is proposing to connect to the main located in Clark Circle and extend a sewer to the subject property through an existing drainage and utility easement. There is capacity in the sanitary sewer main for the proposed development. The applicant is proposing a private lift station to get flows to a forcemain and back to Clark Circle. NEIGHBORHOOD MEETINGS AND RESIDENT INPUT On March 23, 2022, the applicant held a neighborhood meeting. Three individuals attended the meeting. According to the applicant the attendees generally had questions about their company. SUSTAINABILITY The applicant is proposing a number of sustainable features in this project as listed below: • EV charging station • Solar panels (to power EV charging station) • Rainwater reuse cistern (for irrigation) • Energy Design Assistance Program offered by Xcel Energy • Recycling bins The rendering of the building shows solar panels on the roof on the south side of the building. The solar panels will be installed at the time of building construction. Staff Report – Suite Living of Eden Prairie Page 7 7 STAFF RECOMMENDATION Recommend approval of the following requests: • Planned Unit Development Concept Review on 2.85 acres • Planned Unit Development Amendment with waivers on 2.85 acres • Site Plan Review on 2.85 acres • Preliminary Plat of one parcel into one lot and two outlots on 2.85 acres This is based on plans submitted on March 26, 2022, staff report dated April 21, 2022 and the following conditions: 1. Prior to the 1st reading before the City Council, the applicant shall: A. The Removals Plan should be revised to be consistent with the tree preservation table. B. The plans should include a detail of the fencing material around the patio area. C. Revise the narrative to include a waiver request for the density from 6.7 units per acre to 11.2 units per acre. D. In the Zoning Notes, revise the parking requirements. For assisted living and memory care facilities, the City Code requirement is 1 parking stall per 4 rooms and 1 parking stall per employee on the largest work shift. E. There are a few trees in the drainage and utility easement along the east property line of Outlot A. Revise the Landscape Plan by moving these trees out of the easement. F. There are evergreen trees in the snow storage area near the turnaround. Revise the Landscape Plan by moving the trees out of the snow storage area. Verify the locations of snow storage and label on Landscape Plan accordingly. The City will require conservation easements over Outlots A and B. Snow storage areas cannot be located within designated conservation easements. G. Portions of the retaining wall are located in the drainage and utility easement. The plans must be revised to show the retaining wall outside of the drainage and utility easement. H. Revise the Lighting plan to reflect the latest revisions to the Site Plan. I. The Landscape Plan must be revised so there are no trees over the waterline or any other underground utilities. J. Submit building material and color samples. K. Provide details of the lighting fixtures. L. The underground chambers are located within the only entrance into the site. Repairs or replacement of the underground chambers may render the site inaccessible. Adjust location to allow for access to site during repairs of the system and revise plans. M. Limit disturbance in Outlot A near wetland 1. Consider minimizing the construction limits. Revise the Grading Plan as necessary. N. Trees identified as being saved have up to 3' of fill proposed. Verify grading and/or tree preservation. Revise grading plan to include tree protection. Grading adjustments may be needed in order to ensure that 60% of the tree roots are unaffected. The grading plan must be revised to reflect these changes Staff Report – Suite Living of Eden Prairie Page 8 8 O. Remove grading in the wetland and revise the grading plan appropriately. P. Disturbance shall not occur within the delineated wetland. All erosion and sediment control must be installed above the delineated wetland boundary. Revise the SW1.1 SWPPP – Proposed Conditions accordingly. Q. Revise the Civil Details to show a 4” orifice. R. Revise the Grading Plan by removing proposed contours outside of construction limits in Outlot B. S. Borings must be provided within the footprint of all stormwater BMP’s even if they are not proposed for infiltration. The new borings should be provided prior to the 1st reading. 2. Prior to release of the Final Plat, the applicant shall A. Sign special assessment agreement for City trunk sewer and water assessment fees and connection fees. B. Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer and Watershed District. C. Provide copies of legal documents, either in Homeowners Association format or private covenant and agreement format to be approved by the City that shall address the following: • Describe the long term private maintenance or replacement agreement for the retaining walls. • Insertion of language in the documents that relinquishes the City of Eden Prairie from maintenance or replacement of the retaining walls. D. Submit a bond, letter of credit, or cash deposit (“security”) that guarantees completion of all public improvements equivalent to 125% of the cost of the improvements. 3. Prior to land alteration permit issuance, the applicant shall: A. Submit detailed storm water runoff, wetland, utility, street and erosion control plans for review and approval by the City Engineer. B. Submit a landscaping letter of credit or escrow surety equivalent to 150% of the cost of the landscaping. C. Obtain and provide documentation of Watershed District approval. D. Notify the City and Watershed District 48 hours in advance of grading. E. Install erosion control at the grading limits of the property for review and approval by the City. F. Submit a land alteration bond, letter of credit, or escrow surety equivalent to 125% of the cost of the land alteration. G. The well and septic shall be removed in accordance with all applicable requirements. H. Submit a wetland protection bond, letter of credit, or escrow surety equivalent to 150% of the wetland plan requirements included in the Development Agreement. 4. Prior to building permit issuance for the property, the applicant shall: A. Pay the appropriate cash park fees. Staff Report – Suite Living of Eden Prairie Page 9 9 B. Provide recorded copies of any Home Owner Association documents or private covenants and agreements to the City following recording of the final plat. C. Submit construction plans and project specifications for public infrastructure for review and approval by the City Engineer. 5. The following waivers have been granted through the PUD District Review for the project as indicated in the plans stamp dated March 26, 2022. A. Maximum Gross Density City Code requires a maximum density of 6.7 units per acre in the RM-6.5 Zoning District. The proposed density is 11.22 units per acre. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, APRIL 25, 2022 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Rachel Markos, Carole Mette, William Gooding, Robert Taylor, Dan Grote CITY STAFF: Julie Klima, Community Development Director; Matt Bourne, Manager of Parks and Natural Resources; Rod Rue, City Engineer; Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. SWEARING IN OF NEW COMMISSION MEMBERS A. DANIEL GROTE B. FRANK SHERWOOD III. PLEDGE OF ALLEGIANCE – ROLL CALL All commission members were present. IV. APPROVAL OF AGENDA MOTION: Taylor moved, seconded by Mette to approve the agenda. MOTION CARRIED 9-0. V. MINUTES MOTION: Farr moved, seconded by Kirk to approve the minutes of February 14, 2022. MOTION CARRIED 6-0 with three abstentions (Sherwood, Grote and Gooding). VI. PUBLIC HEARINGS A. SUITE LIVING OF EDEN PRAIRIE Request for: • Planned Unit Development Concept Review on 2.85 acres PLANNING COMMISSION MINUTES April 25, 2022 Page 2 • Planned Unit Development Amendment with waivers on 2.85 acres • Site Plan Review on 2.85 acres • Preliminary Plat of one parcel into one lot and two outlots on 2.85 acres Jeremy Larson, of Suite Living, presented a PowerPoint and detailed the application. He gave the background on Suite Living, which was an Assisted Living and Memory Care facility with seven communities open throughout the Twin Cities and another six under construction. Larson displayed the site layout, which was divided between assisted living and memory units. The building would have 32 units, 20 of which would be assisted living units and 12 which would be memory care units. The building would be secure, as would the patio area, and the Memory Care facility would have 24-hour supervision. He displayed the rendering and explained the SmartSide and stone material choices. The development incorporated dormers for a more residential look. Trees did have to be removed; trees would also be planted and screening incorporated. He displayed a photograph of the Little Canada development showing the same type of elevation and interior renderings of the units, nursing station, and amenities. Residents would be allowed to bring in their own furniture. He played a video that further explained life in the proposed development. Farr asked if the required move of the underground stormwater chamber had been addressed. Larson replied this was a condition of approval. Mette asked for a sense of the facility’s place along the expense spectrum, and Larson replied this would be a more affordable facility. Due to the high care nature of care, there would not be the amenities provided, such as a workout room or a cinema, that other, more expensive facilities would offer. Larson replied residents stayed in the assisted living facility an average of two to four years, then moved over to the Memory Care. Mette asked if he foresaw transportation issues with emergency or larger vehicles. Larson replied he did not foresee the use of firetrucks or ambulances at this building. Pieper asked if there was neighborhood input, and Larson replied a neighborhood meeting was held, and there were no major concerns. He pointed out there were at least two neighbors present at this hearing. Taylor asked if there could be more skilled nursing at the facility. Larson replied that was a possibility and could be accommodated if needed, although their facilities did not provide the level of care up to the nursing home care level. Klima presented the staff report. The applicant was proposing to construct a 32- unit assisted living and memory care facility. The parking conformed to the PLANNING COMMISSION MINUTES April 25, 2022 Page 3 zoning requirements. The waiver requested additional density on the site of 11.2 units per acre which was in the range of density allowed by the Comprehensive Plan. The landscaping proposed exceeded the City requirements and the tree replacement complied with City Code requirements. Staff recommended approval. Mette asked why the property was not being rezoned. Klima replied the density relationship between the Comprehensive Plan and Zoning Ordinance was a complicated equation. The current application requested a PUD waiver to allow the density that is consistent with the Comprehensive Plan. This was the mechanism and the process the City had utilized for medium and high density for some time. Kirk added the prospective population was equivalent to the density allowed in the zoning district , as this would be one resident per unit and would never increase, so it fit into the current zoning district. Mike Amundson, resident at 9565 Garrison Way, spoke in favor of the development. He did not foresee traffic problems and found the development attractive. He did have a concern as to where the building was located; he proposed it be more centered in the property. MOTION: Markos moved, seconded by Gooding to close the public hearing. Motion carried 9-0. Mette asked if the developer could address the location of the building onsite. Larson replied the engineer was not in attendance but to his understanding the grading of the site drove the building’s location. Kirk stated this was the third proposal seen on this property and to his thinking this seemed to be a good fit. Gooding noted there was a number of existing ash trees that would stay that needed treatment, and he asked staff if this was a requirement. Bourne replied this was a new requirement. For those trees to be counted as having been saved they would have to be treated in the future. Taylor asked if the mature trees at the rear would be kept as a buffer for the neighbors. Larson replied the goal was to cut as few trees as possible. Pieper echoed Kirk’s comments regarding the merits of this project. Klima added to the south of the property there was an open space outlot maintained by an HOA so there would not be backyards abutting this project to the south. MOTION: Kirk moved, seconded by Markos to recommend approval of the Planned Unit Development Concept Review on 2.85 acres; Planned Unit Development Amendment with waivers on 2.85 acres; Site Plan Review on 2.85 PLANNING COMMISSION MINUTES April 25, 2022 Page 4 acres; and Preliminary Plat of one parcel into one lot and two outlots on 2.85 acres based on plans stamp dated March 26, 2022 and the staff report dated April 21, 2022. Motion carried 9-0. PLANNERS’ REPORT MEMBERS’ REPORTS VII. ADJOURNMENT MOTION: Sherwood moved, seconded by Taylor to adjourn. Motion carried 9-0. The meeting was adjourned at 7:29 p.m. 1 CITY COUNCIL AGENDA SECTION: Public Hearings DATE: May 17, 2022 DEPARTMENT/DIVISION: Community Development/Planning Julie Klima/ Beth Novak-Krebs ITEM DESCRIPTION: 12365 Façade Remodel ITEM NO.: IX.B. Requested Action Move to: • Close the Public Hearing; and • Adopt a Resolution for a Site Plan Review on 1.66 acres • Approve the Development Agreement Synopsis The applicant is requesting approval of a façade remodel for the former Jake’s restaurant at 12365 Singletree Lane. The applicant is remodeling the interior of the approximately 9,000 square foot building to create three leasable commercial spaces. In addition, the applicant is proposing to remodel each of the facades of the building to create an updated look for the building. The façade remodel is code compliant. There are 30 parking stalls on the subject property and there is an existing Parking Easement Agreement in place between the owner of this property and Wal-Mart for the use of 80 additional stalls on the Wal-Mart property. Background City Code allows code compliant façade remodels to be reviewed and approved by the City Council without referral from the Planning Commission. This façade remodel is code compliant. Therefore, the Council holds a public hearing and considers approval of a Site Plan Review. Since the approval does not involve an ordinance requiring a second reading, staff has prepared a Development Agreement for consideration by the City Council. The developer has agreed to the terms of the Development Agreement and has signed it. 2 COMPREHENSIVE PLAN AND ZONING The property is guided Town Center and zoned Regional Services Commercial. Commercial uses are permitted by the zoning of the property. The Eden Prairie Major Center Area Study designates the use of this property as Mid-rise High Density Residential development. The owner has indicated that this multi-tenant use of the property is short-term and the ultimate goal is to redevelop the property consistent with the Comprehensive Plan and Major Center Area Study. BUILDING MATERIAL The current building includes a number of projections and features that have been added to the building over time. The building material on the current building includes brick, glass, and stone with minor amounts of metal, stucco and wood. The proposed façade remodel includes the removal of some of the additions and features to create a single plane across the front and the back of the building. While they are removing some of the features that provide articulation and changes in texture, they are incorporating other features that will achieve the same outcome such as the use of canopies, and changes in building materials, colors and textures. The proposal also includes adding more windows to create storefronts for the tenant spaces and open up views into and out of the building. The applicant is proposing three Class I materials including glass, brick and stone. Existing Front Facade Sample stone for base of building 3 The proposal includes retaining some of the current brick, adding stone at the base of the building, and adding new brick on new walls to complement the current brick. The existing brick and new brick will be stained white to create a unified look. The proposal also includes some fiber cement siding on the section of the front and the back of the building with the curved roof. In order to comply with the Class I building material requirements, the applicant will be adding stone at the base of the building on all 4 facades. Due to a limitation in the software used to create the renderings and illustarte the material, the material shown at the base of the building looks more like brick than stone. The actual material will be stone as depicted on the Wall Section details and labeled on the plans. The stone will be similar to the image above. SIGNS The rendering of the building depicts new wall signage and a new free standing sign facing the corner of Prairie Center Drive and Singletree Lane. Signs are not reviewed or approved through the site plan review process. The applicant is required to submit a separate application for a Sign Permit and the signs must comply with City Code. LANDSCAPING AND TREE REPLACEMENT Several trees have been removed from the property. Nine of the trees that were removed were infested with Emerald Ash Borer. The City does not require tree replacement for the infested trees. The other trees that have been removed were not significant trees and do not require tree replacement. The applicant submitted a Landscape Plan to replace some plantings removed for the façade remodel and to freshen up the landscaping around the building. The original plan for the building required 28 caliper inches of trees. The proposed plan includes 54 caliper inches. After the recent tree removal, 266 caliper inches of trees still remain on the site. The existing landscaping plus the proposed landscaping significantly exceeds the requirements. Proposed Front Facade 4 RETAINING WALLS The retaining walls on the west side of the site have several areas that need repair. The applicant is proposing to spot repair each of the areas with similar material. Depending on the extent of the repairs, a building permit may be needed for the work. Prior to commencing any repairs to the retaining wall, Developer must contact the City’s Building Inspections Department to arrange a pre-construction meeting to discuss the extent of the repairs and the need for any permits. This language is included in the Development Agreement. SUSTAINABILITY FEATURES The applicant is proposing to retain some of the existing brick on the building and adding more windows, which will allow more natural light into the spaces. Attachments 1. Resolution for Site Plan Approval 2. Development Agreement 3. Aerial Map CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-____ A RESOLUTION GRANTING SITE PLAN APPROVAL FOR THE FAÇADE REMODEL AT 12365 SINGLETREE LANE BY NEWTON RES, LLC WHEREAS, Newton RES, LLC has applied for Site Plan approval to remodel the building facades and landscaping improvements at 12365 Singletree Lane, City of Eden Prairie, Minnesota by a Resolution approved by the City Council on May 17, 2022; and WHEREAS, Section 11.03 Subd. 6 allows certain new or amended Site Plan and Architectural Design applications to be subject to review and consideration for approval by the City Council only without referral to the Planning Commission; and WHEREAS, the City Council has reviewed said application at a public hearing at its May 17, 2022 meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval is granted to Newton RES, LLC. subject to the review and approval of the Development Agreement between EP Ventures, LLC and the City of Eden Prairie by the City Council on May 17, 2022. ADOPTED by the City Council of the City of Eden Prairie this 17th day of May, 2022. _______________________ Kathy Nelson, Acting Mayor ATTEST: ________________________ Nicole Tingley, City Clerk 12365 Singletree Façade Remodel – Amendment to Development Agreement 1 AMENDMENT TO DEVELOPMENT AGREEMENT 12365 Singletree Façade Remodel THIS AMENDMENT TO DEVELOPMENT AGREEMENT (“Amendment”) is entered into as of __________, 2022, by EP Ventures, LLC a Minnesota limited liability company, hereinafter referred to as “Developer,” its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as “City”: WITNESSETH: WHEREAS, Developer has applied to City for Site Plan Review on 1.66 acres, (the “Application”), for real property legally described on Exhibit A (the “Property”); WHEREAS, Developer’s predecessors-in-interest and City entered into that certain Development Agreement between the parties as of November 15, 1994, as amended by that certain Development Agreement dated August 21, 2001, pertaining to the Property, copies of which are attached hereto as Exhibit D (collectively, the “Original Development Agreements”). NOW, THEREFORE, in consideration of the City adopting Resolution No.__________ for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows and that the Original Development Agreements are accordingly amended: 1. PLANS: Developer must develop the Property in conformance with the materials revised and stamp dated ______________, reviewed and approved by the City Council on ____________, identified on Exhibit B (hereinafter the “Plans”), subject to such changes and modifications as provided herein. 12365 Singletree Façade Remodel – Amendment to Development Agreement 2 2.EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3.DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violationof City Code relating to use of the Property and construction thereon or failure to fulfill an obligationimposed upon the Developer pursuant to this Agreement, City will give 24 hours’ written notice of such violation, or such longer period as determined by the City in its sole discretion given the nature of the violation, in order to allow a cure of such violation. The City need not issue a building oroccupancy permit for construction or occupancy on the Property while such a violation iscontinuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement will be determined solely and conclusively by the City Manager or his or her designee. 4.DEVELOPER’S RESPONSIBILITY FOR ITS CONTRACTORS: Developer will release, defend and indemnify City, its elected and appointed officials, employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys’ fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer will not be released from its responsibilities to release, defend and indemnify because of any inspection, review, or approval by City. 5.EXTERIOR MATERIALS: As part of the building permit application materials, Developer must submit to the City Planner, and receive the City Planner’s written approval of a plan depicting exterior materials to be used on the buildings on the Property consistent with the Exhibit B Plans. Prior to issuance of any occupancy permit for the Property, Developer must complete implementation of the approved exterior materials plan in accordance with the terms and conditions of Exhibit C. 6.LANDSCAPE PLAN: Prior to issuance of a land alteration permit, the Developer must submit tothe City Planner and receive the City Planner’s written approval of an executed landscape agreementand a final landscape or tree replacement plan for the Property. The approved landscape or treereplacement plan must be consistent with the quantity, type, and size of all plant materials shownon the landscape or tree replacement plan on the Exhibit B Plans and including all proposed trees, shrubs, perennials, and grasses. The approved landscape or tree replacement plan must includereplacement trees of a 2.5-inch diameter minimum size for a shade tree and a 6-foot minimum heightfor conifer trees. The approved landscape or tree replacement plan must also provide that, shouldactual tree loss exceed that calculated herein, Developer must provide tree replacement on a caliperinch per caliper inch basis for such excess loss. 12365 Singletree Façade Remodel – Amendment to Development Agreement 3 Prior to land alteration permit issuance, Developer must also submit to the City Planner and receive the City Planner's written approval of a security in the form of a cash escrow or letter of credit equal to 150% of the cost of the tree and landscape improvements including all proposed trees, shrubs, perennials, and grasses as depicted on the landscape and/or tree replacement plan on the Exhibit B Plans (the “Landscape Security”). The installation must conform to the approved landscape or tree replacement plan including but not limited to the size, species and location as depicted on the Exhibit B Plans. Any changes proposed to the landscape plan or landscaping installed on the Property, including but not limited to removal and relocation, must be reviewed and approved by the City Planner prior to implementing such changes. Developer must complete implementation of the approved landscape or tree replacement plan as depicted on the Exhibit B Plans and in accordance with the terms and conditions of Exhibit C of this Agreement. The Landscape Security will be released in accordance with the terms of the landscape agreement. 7. PERFORMANCE STANDARDS: Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property will be operated so noise, vibration, dust and dirt, smoke, odor and glare do not go beyond the Property boundary lines. 8. REAFFIRMING CONDITIONS OF DEVELOPMENT AGREEMENT: Developer agrees to all of the terms, conditions and obligations of “Developer” under the Original Development Agreements, except as inconsistent with or amended by this Amendment. 9. RETAINING WALLS: Developer acknowledges that certain portions of the retaining wall on the Property are in need of repair. Prior to commencing any repairs to the retaining wall, Developer must contact the City’s Building Inspections Department to arrange a pre-construction meeting to discuss the extent of the repairs and the need for any permits. If a permit is required, the retaining wall plans submitted with the permit application must include details with respect to the height, type of materials, and method of construction to be used for the retaining wall. Developer must repair or construct the retaining wall in accordance with the terms of the permit and terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. All maintenance and repair of all retaining walls on the Property are the responsibility of the Developer, its successors and assigns. 10. SIGNS: For each sign which requires a permit under Eden Prairie City Code Section 11.70, Developer must obtain a sign permit from the City. The application must include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location 12365 Singletree Façade Remodel – Amendment to Development Agreement 4 of any such sign in accordance with the requirements of City Code, Section 11.70, Subdivision 5. 11. TRASH, RECYCLING, AND ORGANICS: Developer agrees that all trash, recycling, and organic waste bins or receptacles will at all times be located inside of an enclosure as depicted on the Plans. 12365 Singletree Façade Remodel – Amendment to Development Agreement 5 IN WITNESS WHEREOF, the parties to this Amendment have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By___________________________ Ronald A. Case Its Mayor By____________________________ Rick Getschow Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 2022, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. _______________________ Notary Public 12365 Singletree Façade Remodel – Amendment to Development Agreement 7 EXHIBIT A 12365 Singletree Ln Façade Remodel –Amendment to Development Agreement Legal Description Lot 2, Block 1, Walmart 2nd Addition, Hennepin County, Minnesota and Non-exclusive appurtenant easements for access and parking purposes contained in the Access and Parking Easement recorded as Document No. 2582668, as amended by Document No. 3336732, in the records of the Registrar of Titles, Hennepin County, Minnesota. 12365 Singletree Façade Remodel – Amendment to Development Agreement 8 EXHIBIT B 12365 Singletree Ln Façade Remodel –Amendment to Development Agreement Exhibit B Color Elevations dated 5/6/2022 by little box Construction Plan dated 03/24/2022 by little box Exterior Elevations dated 03/24/2022 by little box Wall Sections dated 05/04/2022 by little box Details dated 03/24/2022 by little box 3D Views dated 03/24/2022 by little box Title Sheet dated 03/24/2022 by little box Finish Schedule and Wall Types dated 03/24/2022 by little box Planting Plan dated 05/04/2022 by Confluence Rendering dated 05/06/2022 by Shea Architects Special Inspections and Structural Abbr. dated 03/24/2022 by little box Structural Notes dated 03/24/2022 by little box Foundation Plan dated 03/24/2022 by little box Foundation Dimension Plan dated 03/24/2022 by little box Roof Framing Plan dated 03/24/2022 by little box Foundation Details and Sections dated 03/24/2022 by little box Foundation Details and Sections dated 03/24/2022 by little box Roof Framing Details and Sections dated 03/24/2022 by little box Roof Framing Details and Sections dated 03/24/2022 by little box Framing Elevations and Details dated 03/24/2022 by little box 12365 Singletree Façade Remodel – Amendment to Development Agreement 9 EXHIBIT C 12365 Singletree Ln Façade Remodel –Amendment to Development Agreement I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. This is not applicable to this facade remodel II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. This is not applicable to this façade remodel. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. This is not applicable to this façade remodel. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose the City’s reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property. With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval, Developer shall provide to the City a current 12365 Singletree Façade Remodel – Amendment to Development Agreement 10 title insurance policy insuring such a condition of title. There is no plat application as part of this façade remodel. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place or otherwise have, in or on the Property, any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years’ street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. There is no plat application as part of this façade remodel X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. This is not applicable to this façade remodel. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the 12365 Singletree Façade Remodel – Amendment to Development Agreement 11 City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall, prior to the commencement of any improvements, provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 14404 Excelsior Blvd., Minnetonka, Minnesota 55305 or CenturyLink, 14200 Wayzata Blvd. Ste F., Minnetonka, MN 55305. This is not applicable to this façade remodel. XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance, provide two copies of an approved survey or site plan (1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. No new survey is required with respect to this facade remodel. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 ½ by 6 inch sign or decal reading “Scenic/Conservation Easement Boundary, City of Eden Prairie”, will be affixed to the top of the post. This is not applicable to this façade remodel. XIX. Within 10 days of the approval of the Development Agreement, the Developer shall record the Development Agreement at the County Recorder and / or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer’s obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the “Security”) is required if the 12365 Singletree Façade Remodel – Amendment to Development Agreement 12 Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days’ written notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys’ fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it’s agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto. XXIII. Except as specifically authorized by the Director of Public Works, no permit shall be issued for the Property until the Developer has recorded the final plat with Hennepin County Recorder's Office/Registrar of Titles' Office. No plat application is part of this façade remodel. XVII. Developer shall pay upon demand to the City all costs incurred by the City in conjunction with the Applications. These costs include internal City administrative, planning and, engineering costs and consulting costs, including but not limited to legal, engineering, planning and financial, in review, investigation, administering and processing the Applications and implementation of the approvals granted by the City. 12365 Singletree Façade Remodel – Amendment to Development Agreement 13 EXHIBIT D 12365 Singletree Ln Façade Remodel –Amendment to Development Agreement Original Development Agreements PRAI RI ECENTERDRC O L U M B I N E RD REGIONAL CENTER RD SINGLETR E E L N ¯0 150 30075 Feet Aerial Map: 12365 Singletree Facade RemodelAddress: 12365 Singletree Lane Eden Prairie, MN 55347 Project Site CITY COUNCIL AGENDA SECTION: Payment of Claims DATE: May 17, 2022 DEPARTMENT/DIVISION: Tammy Wilson, 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 291066 - 291466 Wire Transfers 1030591 - 1030698 Wire Transfers 8809 – 8834 Purchasing Card 8811 City of Eden Prairie Council Check Summary 5/17/2022 Division Amount Division Amount 100 City Manager 5,311 306 Federal Forfeiture Drugs 374 101 Legislative 15,481 308 E-911 704 102 Legal Counsel 45,769 309 DWI Forfeiture 42 110 City Clerk 6,512 314 Special Investigations 426 111 Customer Service 4,110 315 Economic Development 8,006 112 Human Resources 174 509 CIP Fund 18,309 113 Communications 1,720 539 2020 Improvement Projects 5,615 114 Benefits & Training 2,186 540 Duck Lake Rd. Reconstruction 137,190 130 Assessing 450 804 100 Year History 12 131 Finance 584 Total Capital Projects Fund 170,677 132 Housing and Community Services 22,886 133 Planning 648 601 Prairie Village Liquor 84,332 136 Public Safety Communications 4,588 602 Den Road Liquor 166,057 137 Economic Development 300 603 Prairie View Liquor 80,833 138 Community Development Admin.375 605 Den Road Building 656 151 Park Maintenance 77,998 701 Water Enterprise Fund 220,936 153 Organized Athletics 1,568 702 Wastewater Enterprise Fund 25,273 154 Community Center 23,947 703 Stormwater Enterprise Fund 224,629 156 Youth Programs 2,813 Total Enterprise Fund 802,717 157 Special Events 422 158 Senior Center 4,288 802 494 Commuter Services 26,617 159 Recreation Administration 402 807 Benefits Fund 921,170 160 Therapeutic Recreation 563 811 Property Insurance 6,500 162 Arts 2,192 812 Fleet Internal Service 66,579 163 Outdoor Center 2,015 813 IT Internal Service 38,008 168 Arts Center 1,037 815 Facilites Operating ISF 9,255 180 Police Sworn 31,947 816 Facilites City Center ISF 176,989 184 Fire 19,075 817 Facilites Comm. Center ISF 63,498 186 Inspections 3,915 Total Internal Svc/Agency Funds Report Totals1,308,615 200 Engineering 705 201 Street Maintenance 29,068 Report Total 2,645,194 202 Street Lighting 3,408 Total General Fund 316,458 301 CDBG 44,298 303 Cemetary Operation 79 312 Recycle Rebate 2,350 Total Special Revenue Fund 46,727 Council Check Register by GL 5/17/2022 Check #Amount Supplier / Explanation Account Description Business Unit Comments 8821 360,823 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits May 2022 Premiums 8814 276,166 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 04.22.22 8812 197,149 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 04.08.22 291419 164,622 RACHEL CONTRACTING LLC Improvement Contracts Stormwater Capital Priority Pond Dredging project 291364 137,190 KRAEMER NORTH AMERICA LLC Improvement Contracts Duck Lake Rd. Reconstruction Duck Lake Rd Reconstruction Project 291351 100,792 HENNEPIN COUNTY TREASURER Licenses, Taxes, Fees City Center - Tenant Cost 8107 Eden Prairie Rd/8080 Mitchell Rd Property tax 1030631 79,841 XCEL ENERGY Electric Various funds 8811 63,253 USB-PURCHASING CARD Credit Card Payments Various funds 291160 61,399 HYDROCORP Improvement Contracts Water Capital 1030615 51,398 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Various funds 291444 44,815 SUNRAM CONSTRUCTION Improvement Contracts Stormwater Capital 1030618 40,766 LOGIS LOGIS IT Operating 8816 29,827 EMPOWER Deferred Compensation Health and Benefits 291197 24,827 SOUTH METRO PUBLIC SAFETY TRAINING FACIL Other Contracted Services Public Safety Training Facilit 291285 24,428 ABM ONSITE SERVICES-MIDWEST Janitor Service Various funds103066923,050 ADVANCED ENGINEERING & ENVIRONMENTAL SE Equipment Repair & Maint Wastewater Capital 291170 22,778 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 1030612 21,017 CENTERPOINT ENERGY Gas Various funds 8815 20,153 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 8831 19,933 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Stores 291354 18,753 HLS OUTDOOR Chemicals Park Maintenance 291099 18,033 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 8822 16,861 FURTHER - AKA SELECT Medical/Dental Premiums Health and Benefits 291105 15,761 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 291210 15,225 U.S DEPARTMENT OF AGRICULTURE Other Contracted Services Deer Consultant 291307 15,050 CHOICE ELECTRIC Other Contracted Services Yard Waste Site 291437 14,684 SOUTHWEST SUBURBAN CABLE COMMISSION Dues & Subscriptions City Council 1030624 14,319 SENIOR COMMUNITY SERVICES Other Contracted Services Housing and Community Service 1030679 13,287 HANSEN THORP PELLINEN OLSON Design & Engineering Wastewater Capital 1030698 12,880 ZIEGLER INC Equipment Repair & Maint Fleet Operating 8810 12,674 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 291091 12,384 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 291427 12,281 SCHICHTEL'S NURSERY INC Landscape Materials/Supp Reforestation 291261 11,826 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 291200 11,699 STERLING FENCE INC Improvement Contracts Capital Maint. & Reinvestment 291077 11,380 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 1030692 10,684 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells) 291154 10,603 GRAYMONT Treatment Chemicals Water Treatment 291286 10,357 ACORN STAIRLIFTS INC Other Contracted Services Rehab 8829 10,226 CARD CONNECT Bank and Service Charges Community Center Admin 291135 10,000 CARPET KING Other Contracted Services Rehab 291237 9,921 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 291174 9,864 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital 1030622 9,844 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Pool Maintenance 291188 9,375 PROP Other Contracted Services Housing and Community Service 1030626 9,198 STREICHERS Clothing & Uniforms Police Sworn 291118 9,072 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 291244 9,048 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 291253 8,990 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 291382 8,799 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital Check #Amount Supplier / Explanation Account Description Business Unit Comments 8830 8,788 CHASE Bank and Service Charges Wastewater Accounting 291184 8,473 PRESCRIPTION LANDSCAPE Contract Svcs - Lawn Maint.Street Maintenance 291318 8,425 DAVEY TREE EXPERT COMPANY, THE Other Contracted Services Tree Removal 291092 7,902 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 291124 7,570 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 291093 7,132 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 291185 7,098 PROP Other Contracted Services CDBG - Public Service 291103 7,019 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 291150 6,863 EHLERS & ASSOCIATES INC Deposits Economic Development Fund 291147 6,841 DG MINNESOTA CS 2021 LLC Electric Facilities Operating ISF 1030696 6,773 XCEL ENERGY Electric City Center - CAM 291282 6,742 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 1030680 6,648 HAWKINS INC Treatment Chemicals Water Treatment 8824 6,550 FURTHER - AKA SELECT HRA Health and Benefits 291167 6,500 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 291111 6,340 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 291084 6,331 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 291435 6,250 SOJOURNER PROJECT INC.Other Contracted Services Police Sworn10306886,146 POMP'S TIRE SERVICE INC Tires Fleet Operating 291464 5,986 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 291098 5,841 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 291245 5,819 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 291432 5,705 SIGN SOLUTIONS USA Signs Traffic Signs 1030671 5,623 CENTERPOINT ENERGY Gas Various funds 291195 5,614 SOLUTION BUILDERS Computers 494 Corridor Commission 1030616 5,372 HAWKINS INC Treatment Chemicals Water Treatment 291345 5,346 GRAYMONT Treatment Chemicals Water Treatment 291246 5,308 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 291193 5,250 SAFETY VEHICLE SOLUTIONS Equipment Repair & Maint Fire 291275 5,178 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 291186 5,020 PROP Other Contracted Services CDBG - Public Service 291320 5,016 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 291416 4,968 POSTMASTER Printing Elections 291222 4,740 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 1030681 4,652 HORIZON COMMERCIAL POOL SUPPLY Supplies - Pool Pool Maintenance 291304 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General 8825 4,547 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 291302 4,403 CANVAS CRAFT INC Repair & Maint. Supplies Round Lake 1030686 4,318 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 291381 4,105 MED ONE CAPITAL FUNDING LLC EMS Supplies-AED Fire 291068 4,103 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 291173 3,800 MESSERLI & KRAMER Messerli & Kramer 494 Corridor Commission 291117 3,746 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 291133 3,607 B2 BUILDERS LLC Contract Svcs - General Bldg Dunn Brothers 291224 3,528 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 291121 3,429 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 291391 3,406 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Various funds 291336 3,347 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating 291089 3,100 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 1030609 3,094 VAN PAPER COMPANY Cleaning Supplies General Community Center 1030610 3,091 BIFFS INC Waste Disposal Water Distribution 291459 3,000 YMCA OF THE NORTH Other Contracted Services Housing and Community Service 291108 2,981 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 291466 2,922 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 291357 2,915 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting 291082 2,888 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 291069 2,850 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 291230 2,794 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 291126 2,709 AERO DRAPERY AND BLIND Contract Svcs - General Bldg Police (City Cost) 1030670 2,640 BOYER TRUCKS Equipment Parts Fleet Operating 1030685 2,581 METRO SALES INCORPORATED*Other Rentals Customer Service 1030668 2,572 VAN PAPER COMPANY Cleaning Supplies City Center - CAM 291439 2,513 STANTEC CONSULTING SERVICES INC Design & Engineering Stormwater Capital 291136 2,484 CENTURYLINK Telephone City Center - CAM 291187 2,364 PROP Other Contracted Services CDBG - Public Service 8823 2,350 FURTHER - AKA SELECT HRA Health and Benefits 291306 2,350 CERTIFIED APPLIANCE RECYCLING Waste Disposal Recycle Rebate 1030697 2,343 ZARNOTH BRUSH WORKS INC.Equipment Repair & Maint Fleet Operating 291076 2,205 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 291240 2,204 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 291066 2,174 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store2912522,162 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 1030601 2,150 BERNE SCALE Repair & Maint. Supplies Water Treatment 291129 2,130 ANCOM COMMUNICATIONS INC Machinery & Equipment Public Safety Communications 291223 2,119 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 1030682 2,109 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Water Supply (Wells) 291162 2,050 INTERTECH INC Contract Development IT Operating 1030661 2,025 METROPOLITAN FORD Equipment Parts Fleet Operating 291254 2,010 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 291140 2,000 COLLINS PAUL Rebates Stormwater Non-Capital 291180 2,000 OGREN JENNIFER Rebates Stormwater Non-Capital 291256 1,996 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 1030689 1,990 PRAIRIE ELECTRIC COMPANY Building Repair & Maint.Fire Station #2 1030617 1,980 JASPER ENGINEERING & EQUIPMENT COMPANY Repair & Maint. Supplies Water Treatment 291112 1,959 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 291232 1,903 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 291358 1,890 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 291182 1,838 PERA Wages and Benefits 494 Corridor Commission 291113 1,815 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 291457 1,799 WAYNES HOME SERVICES Contract Svcs - General Bldg General Community Center 291169 1,799 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating 291258 1,769 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 291109 1,712 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 291132 1,710 AT YOUTH PROGRAMS LLC Instructor Service Lesson Skills Development 291436 1,675 SOLUTION BUILDERS Computers 494 Corridor Commission 291272 1,611 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 291247 1,611 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 291130 1,595 ARAMARK Janitor Service Prairie View Liquor Store 291274 1,594 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 1030635 1,566 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 291251 1,539 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 1030676 1,507 FILTRATION SYSTEMS Supplies - HVAC City Center - CAM 8820 1,504 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits 291280 1,501 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 291350 1,475 HENNEPIN COUNTY CHIEFS OF POLICE Dues & Subscriptions Police Sworn 291414 1,447 POLING THEDORE Repair & Maint. Supplies Water Distribution Check #Amount Supplier / Explanation Account Description Business Unit Comments 1030604 1,399 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM 1030647 1,392 CLAREY'S SAFETY EQUIPMENT EMS Supplies Fire 291097 1,376 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 291218 1,258 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 291079 1,247 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 291229 1,243 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 291101 1,224 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 291346 1,214 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 291334 1,172 FACILITIES MANAGEMENT EXPRESS LLC Dues & Subscriptions Facilities Staff 291227 1,169 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 291292 1,167 ASPEN MILLS Clothing & Uniforms Fire 291165 1,166 KNIER JEFF Rebates Stormwater Non-Capital 291234 1,149 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 8817 1,146 FURTHER - AKA SELECT Other Contracted Services Health and Benefits 8834 1,145 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 291159 1,094 HOME DEPOT CREDIT SERVICES Supplies - Plumbing Pool Maintenance 1030690 1,068 REINDERS INC Landscape Materials/Supp Franlo Park 291226 1,059 DOMACE VINO Liquor Product Received Prairie Village Liquor Store2912771,053 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 291465 1,052 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 1030646 1,048 CARLSTON, BRANDON Canine Supplies Police Sworn 1030629 1,033 VISTAR CORPORATION Merchandise for Resale Concessions 291235 1,006 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 291120 1,000 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 291384 993 MILESTONES Deposits General Fund 291104 987 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 291453 983 VANELLA GROUP OF MN, LLC, THE Other Rentals Theatre Initiative 1030594 972 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 291305 963 CENTURYLINK Telephone IT Operating 291199 888 STATE OF MINNESOTA Autos Fleet - Public Works 1030660 857 KRISS PREMIUM PRODUCTS INC Supplies - HVAC General Community Center 291202 851 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 1030598 834 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 291215 823 WESTERN FIRST AID & SAFETY Safety Supplies Prairie View Liquor Store 291156 821 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications 291096 817 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 291360 813 JOHN HENRY FOSTER MINNESOTA INC Equipment Repair & Maint Water Treatment 291125 810 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 291081 806 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 291337 802 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance 291075 801 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 291205 800 THUNDER BEAR PAINTING LLC Contract Svcs - General Bldg Historical Buildings 291443 800 SUBURBAN WILDLIFE CONTROL INC Equipment Repair & Maint Stormwater Collection 291116 780 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 291070 778 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 291355 777 HOFER KORY Building Permits General Fund 291087 774 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 8813 759 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 291164 756 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 291209 756 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions 291161 754 INDIGITAL INC Other Contracted Services IT Capital 291383 754 MHSRC/DDP Other Contracted Services Senior Center Programs 291409 750 PAFFY'S PEST CONTROL Contract Svcs - Pest Control City Center - CAM Check #Amount Supplier / Explanation Account Description Business Unit Comments 291207 750 TREEHOUSE Other Contracted Services Housing and Community Service 1030603 750 GREGOIRE, DAVID Other Contracted Services Communications 1030592 726 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 8828 719 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration 291095 718 DOMACE VINO Liquor Product Received Den Road Liquor Store 1030633 714 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 291446 713 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 291462 708 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 291139 708 CINTAS CORPORATION Safety Supplies Community Center Admin 291248 706 DOMACE VINO Liquor Product Received Den Road Liquor Store 1030651 694 FASTENAL COMPANY Operating Supplies Traffic Signs 291374 692 MACQUEEN EQUIPMENT INC Clothing & Uniforms Fleet Operating 1030591 681 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 291440 680 STAPLES ADVANTAGE Office Supplies Utility Operations - General 291181 670 OLSEN'S EMBROIDERY/COMPANY Miscellaneous Administration 291212 670 VETERAN SHREDDING Other Contracted Services Senior Center Programs 291250 669 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 291171 664 MARCO INC Software Utility Operations - General291290660ANDERBERG INNOVATIVE PRINT SOLUTIONS INC Printing Police Sworn 1030638 655 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 291127 635 AIRGAS USA LLC Supplies - Pool Pool Maintenance 291201 630 STRAND MANUFACTURING CO INC Repair & Maint. Supplies Water Treatment 291151 621 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 291131 615 ASPEN MILLS Postage Fire 1030597 611 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 291407 609 OLSEN BRYCE AR Utility Water Enterprise Fund 291115 607 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 1030640 598 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 291137 597 CENTURYLINK Telephone Wastewater Lift Station 291217 595 ZOHO CORP Software Maintenance IT Operating 8826 589 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 1030614 567 GRAINGER Repair & Maint. Supplies Water Treatment 1030634 555 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 291284 553 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 291410 551 PARAGON DEVELOPMENT SYSTEMS Other Contracted Services IT Operating 291194 545 SJF MATERIAL HANDLING INC Repair & Maint. Supplies Utility Operations - General 1030608 543 THE OASIS GROUP Employee Assistance Organizational Services 8819 541 FURTHER - AKA SELECT FSA - Medical Health and Benefits 291279 523 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 291296 514 BOOSHIE INC Clothing & Uniforms Fire 1030673 510 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 291145 504 DEALER AUTOMOTIVE SERVICES INC Equipment Parts Fleet Operating 291288 487 AIRGAS USA LLC Supplies - Pool Pool Maintenance 291455 483 VIDEOTRONIX INC Contract Svcs - General Bldg Senior Center 291203 482 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 291208 480 TURNER PSYCHOTHERAPY Other Contracted Services Police Sworn 1030596 474 VINOCOPIA Liquor Product Received Den Road Liquor Store 1030630 470 WALL TRENDS INC Contract Svcs - General Bldg General Community Center 291134 460 BOUND TREE MEDICAL LLC EMS Supplies Fire 291080 455 MEGA BEER Liquor Product Received Prairie Village Liquor Store 291100 453 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 8809 445 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 1030678 438 GRAINGER Repair & Maint. Supplies Water Treatment Check #Amount Supplier / Explanation Account Description Business Unit Comments 1030672 432 DAIKIN APPLIED Contract Svcs - HVAC City Center - CAM 1030600 426 VINOCOPIA Liquor Product Received Prairie View Liquor Store 291196 425 SOUNDS GREAT & SPECIAL SOUNDS INC Operating Supplies New Adaptive 291128 420 ALTERNATIVE BUSINESS FURNITURE INC Supplies - General Bldg Police (City Cost) 291214 409 WATER CONSERVATION SERVICES INC Equipment Repair & Maint Water Distribution 1030663 403 OLSEN CHAIN & CABLE Operating Supplies Round Lake 1030683 399 MENARDS Landscape Materials/Supp Fleet Operating 291163 399 J H LARSON COMPANY Supplies - Electrical City Hall (City Cost) 291168 399 LEAGUE OF MINNESOTA CITIES Conference/Training City Council 291071 396 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 1030650 384 EICHMAN NATHAN Canine Supplies Police Sworn 291452 380 TREBIATOWSKI KEVIN Travel Expense Fire 291102 376 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 1030602 370 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1030606 366 OLSEN CHAIN & CABLE Equipment Repair & Maint Street Maintenance 291178 362 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 1030667 362 TUPY BUTCH Mileage & Parking Utility Operations - General 1030657 360 HOANG PHU Mileage & Parking Utility Operations - General291198359STAPLES ADVANTAGE Office Supplies Customer Service 291094 351 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1030605 349 METROPOLITAN FORD Equipment Parts Fleet Operating 291348 348 HARJES TOM AR Utility Water Enterprise Fund 291333 345 ESTRINE, ROBERT Other Contracted Services Community Band 291239 339 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 291119 336 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 291219 335 BERGMAN LEDGE LLC Liquor Product Received Prairie Village Liquor Store 291122 329 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 291213 326 WADE, ALEXANDER Rebates Stormwater Non-Capital 291158 315 HLS OUTDOOR Repair & Maint. Supplies Park Maintenance 291255 313 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 291368 311 LAWSON PRODUCTS INC Operating Supplies Fleet Operating 1030621 311 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 291438 308 ST CROIX LINEN LLC Operating Supplies-Linens Fire 291393 305 MPCA Waste Disposal Fleet Operating 291221 304 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store 291418 303 PROP - PR Charitable Contributions Health and Benefits 291189 300 RABBIT RESCUE OF MN Other Contracted Services Specialty Fitness Programs 291278 297 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 291271 293 DOMACE VINO Liquor Product Received Prairie View Liquor Store 291078 293 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1030693 291 STREICHERS Clothing & Uniforms Police Sworn 291110 289 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 1030642 282 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 1030675 279 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 291114 278 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 1030641 277 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 1030648 275 CONCRETE CUTTING AND CORING Safety Supplies Park Maintenance 291263 275 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1030674 272 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 1030677 270 GINA MARIAS INC Operating Supplies Volunteers 291225 261 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 291395 258 MUNKVOLD CALVIN AR Utility Water Enterprise Fund 291231 258 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 1030607 257 QUALITY PROPANE Repair & Maint - Ice Rink Fleet Operating 291460 254 ZILLOW HOMES INC AR Utility Water Enterprise Fund 291314 248 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 1030665 248 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 291270 246 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 1030684 245 METRO ELEVATOR INC Contract Svcs - Elevator General Community Center 291243 244 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 291273 242 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 291146 239 DELI DOUBLE Special Event Fees Senior Center Programs 291206 233 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn 291249 229 DRASTIC MEASURES BREWING LLC Liquor Product Received Den Road Liquor Store 291090 226 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 291220 226 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 291241 226 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 291463 226 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 291394 225 MUEHLBAUER, THOMAS G Other Contracted Services Community Band 291403 224 NORDSKOG, BRIAN AR Utility Water Enterprise Fund 291072 222 DEFIANT DISTRIBUTORS LLC Liquor Product Received Prairie Village Liquor Store291317213CUTTER GERALD AR Utility Water Enterprise Fund 291458 210 WIESE USA Contract Svcs - Fire/Life/Safe General Community Center 291449 208 THOMPSON KARA Travel Expense Fire 1030654 208 GOLDENSTEIN, JAMES Conference/Training IT Operating 1030656 208 HIGGINS, RYAN Conference/Training IT Operating 1030659 208 KLEINWACHTER, NICK Conference/Training IT Operating 1030619 205 MENARDS Repair & Maint. Supplies Garden Room Repairs 1030644 205 BERRY COFFEE COMPANY Merchandise for Resale Concessions 291283 204 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 1030691 203 SPRINT Cell Phones 494 Corridor Commission 291153 200 FEIGENBAUM, SUSAN Other Contracted Services Arts 291176 200 MINNESOTA MUNICIPAL BEVERAGE ASSOCIATION Conference/Training Prairie View Liquor Store 291228 200 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 291362 197 KHANUM MAJEDA AR Utility Water Enterprise Fund 291172 195 MAYNARD, PATRICK Operating Supplies Public Safety Communications 291371 194 LEVESSEUR NECHIA AR Utility Water Enterprise Fund 291313 190 COMCAST Internet IT Operating 291233 188 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1030637 186 VINOCOPIA Liquor Product Received Den Road Liquor Store 291073 183 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 291451 182 TINGLEY NICOLE Travel Expense City Clerk 291144 181 CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn 291308 180 CHRIS SHAW SWANSON Licenses, Taxes, Fees Theatre Initiative 291298 180 BREWER PAUL AR Utility Water Enterprise Fund 1030625 173 STERICYCLE INC Other Contracted Services Police Sworn 291067 172 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 1030636 172 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 291086 171 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 291300 171 BRUNS DENNIS AR Utility Water Enterprise Fund 291287 169 AFLAC WORLDWIDE HEADQUARTERS Wages and Benefits 494 Corridor Commission 291123 165 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 291262 165 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 291329 164 EDINA REALTY RELOCATION AR Utility Water Enterprise Fund 291379 163 MCNABB LARRY AR Utility Water Enterprise Fund 291445 162 SWANSON JEREMY AR Utility Water Enterprise Fund Check #Amount Supplier / Explanation Account Description Business Unit Comments 291322 159 DUNN MICHAEL AR Utility Water Enterprise Fund 291177 158 MINNESOTA POLLUTION CONTROL AGENCY Licenses, Taxes, Fees Utility Operations - General 291450 157 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council 1030664 155 O'ROURKE, MATTHEW Clothing & Uniforms Police Sworn 1030643 154 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 291378 152 MCFARLAND ERIC AR Utility Water Enterprise Fund 1030632 151 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 291149 150 EDEN PRAIRIE HIGH SCHOOL Advertising Community Center Admin 1030628 150 USA SECURITY Maintenance Contracts Water Treatment 291107 149 VINIFERA IMPORTS LTD Liquor Product Received Den Road Liquor Store 291106 147 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 291341 146 GATCHELL DANIEL AR Utility Water Enterprise Fund 1030655 139 GREATAMERICA FINANCIAL SVCS Postage Customer Service 291083 138 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 291276 138 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1030695 137 VISTAR CORPORATION Merchandise for Resale Concessions 291343 132 GOETTSCH, JACK AR Utility Water Enterprise Fund 291312 132 COMCAST Phone/Data/Web 494 Corridor Commission291259131RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 1030593 130 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store 291074 126 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store 291412 125 PETERSON COUNSELING AND CONSULTING Other Contracted Services Fire 291456 122 WATERMILLER BECKY AR Utility Water Enterprise Fund 291389 120 MINNESOTA SECRETARY OF STATE - NOTARY Dues & Subscriptions City Clerk 1030639 120 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 1030662 120 MPX GROUP, THE Printing Police Sworn 291264 119 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 1030666 119 SACKETT, MATTHEW Conference/Training Police Sworn 291242 118 BOOM ISLAND BREWING COMPANY Liquor Product Received Den Road Liquor Store 291370 115 LESSARD LORA AR Utility Water Enterprise Fund 1030687 115 MULCAHY COMPANY INC Contract Svcs - HVAC General Community Center 291315 114 COOPER GARY AR Utility Water Enterprise Fund 291424 114 SABRE MARK AR Utility Water Enterprise Fund 1030620 112 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating 1030613 112 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 291359 111 JENSEN NATHANIEL AR Utility Water Enterprise Fund 291398 108 NASHAWATY MOHAMMED AR Utility Water Enterprise Fund 291408 106 OPEN DOOR LABS INC AR Utility Water Enterprise Fund 1030595 104 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 291291 103 ARAMARK Janitor Service Den Road Liquor Store 291166 100 LAWVER JAMES Other Contracted Services Assessing 291179 100 MOQUIST, LYNDON Other Contracted Services Assessing 291191 100 RIAL KRISTIN Other Contracted Services Assessing 291301 100 CANAKES, EILEEN Other Contracted Services Assessing 291434 100 SMITH KEVIN AR Utility Water Enterprise Fund 291406 98 OLET SUSAN AR Utility Water Enterprise Fund 291332 96 ESTATE OF SHEILA M KADELBACK AR Utility Water Enterprise Fund 291142 93 COMCAST Internet IT Operating 291387 92 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General 291085 90 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 291088 90 56 BREWING LLC Liquor Product Received Den Road Liquor Store 291367 89 LARK, ROBERT AR Utility Water Enterprise Fund 291330 89 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating Check #Amount Supplier / Explanation Account Description Business Unit Comments 291238 87 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 1030653 86 GEIS, ROB Clothing & Uniforms Police Sworn 291236 85 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store 291260 85 SMALL LOT MN Liquor Product Received Den Road Liquor Store 291281 85 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 291448 84 TEYMOURI TESSA AR Utility Water Enterprise Fund 291295 84 BLAUERT JOE AR Utility Water Enterprise Fund 1030599 83 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 1030611 83 BROWNELLS INC.Training Supplies Police Sworn 1030623 80 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating 291319 79 DEEGAN DOROTHY AR Utility Water Enterprise Fund 291257 78 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 291421 77 ROSS MICHAEL AR Utility Water Enterprise Fund 291417 76 PRADHAN GIRISH AR Utility Water Enterprise Fund 291385 73 MILLER RHONDA AR Utility Water Enterprise Fund 291303 69 CARPENTER MATTHEW AR Utility Water Enterprise Fund 8818 68 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 291392 66 MOOS LAWREN P&R Refunds Community Center Admin29119065RENTERS WAREHOUSE Rental License Housing Inspections 291442 63 STROZINSKY ROBERT AR Utility Water Enterprise Fund 291420 60 RIPPLE BRYAN AR Utility Water Enterprise Fund 291152 60 FASTSIGNS Signs Park Maintenance 291397 59 NAAB BEVERLY AR Utility Water Enterprise Fund 1030658 59 JOHNSON, PHILLIP Operating Supplies Police Sworn 291339 55 FREDERICK TERESA AR Utility Water Enterprise Fund 291211 55 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance 1030627 54 UPS Postage Police Sworn 291352 52 HEWITT JOHN AR Utility Water Enterprise Fund 291204 50 THOMPSON, NATE Other Contracted Services Assessing 291353 48 HILL BRAD AR Utility Water Enterprise Fund 291311 47 COMCAST Cable TV Fire 8832 46 PAYA Bank and Service Charges Arts 291155 45 GS DIRECT Operating Supplies Engineering 291323 45 DUNN THERESA AR Utility Water Enterprise Fund 291377 44 MAYS ANN AR Utility Water Enterprise Fund 291441 42 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 291138 40 CINTAS Clothing & Uniforms Fleet Operating 291309 40 CINTAS Clothing & Uniforms Fleet Operating 291338 40 FOX JEFFREY AR Utility Water Enterprise Fund 291361 39 KAUFENBERG CYNTHIA AR Utility Water Enterprise Fund 291411 37 PAWLYSZYN, MICHAEL AR Utility Water Enterprise Fund 291454 37 VEMPALI RAGHU AR Utility Water Enterprise Fund 291148 36 DIGI-KEY Supplies - Electrical General Community Center 291297 35 BRANDON PATRICIA AR Utility Water Enterprise Fund 291356 35 HOMES ZILLOW AR Utility Water Enterprise Fund 291405 35 OCONNELL DAVID AR Utility Water Enterprise Fund 291216 35 ZIMMERMAN, MANDY Mileage & Parking Human Resources 291415 34 PORTZ RENEE AR Utility Water Enterprise Fund 291425 34 SALINAS REBECCA AR Utility Water Enterprise Fund 1030645 32 BOHNSACK, SUE Mileage & Parking Senior Center Admin 291294 31 BERGSTROM CHRISTOPHER AR Utility Water Enterprise Fund 291324 31 ECKSTEIN, DAVE AR Utility Water Enterprise Fund 291402 31 NEWLAND NORMAN AR Utility Water Enterprise Fund Check #Amount Supplier / Explanation Account Description Business Unit Comments 291299 30 BRITT RYAN AR Utility Water Enterprise Fund 291390 30 MINNESOTA TROPHIES & GIFTS Operating Supplies Park Maintenance 291400 29 NEILSON MARCIA AR Utility Water Enterprise Fund 291375 29 MADRIZ MANUEL AR Utility Water Enterprise Fund 291310 28 CLABO MARTHA AR Utility Water Enterprise Fund 291321 28 DONNELLY KARISSA AR Utility Water Enterprise Fund 291423 27 RUSTERHOLTZ RUBY AR Utility Water Enterprise Fund 291372 26 LOBO CLARISA AR Utility Water Enterprise Fund 291141 23 COMCAST Other Contracted Services Police Sworn 291386 23 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General 291388 23 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General 291376 22 MAY ADAM AR Utility Water Enterprise Fund 291349 22 HARVEY ADAM AR Utility Water Enterprise Fund 291401 22 NEKKARACANTI SRIDHAR AR Utility Water Enterprise Fund 291175 22 MINNESOTA DEPARTMENT OF PUBLIC SAFETY Impound Fees Police Sworn 291157 22 HENNEPIN COUNTY TREASURER Licenses, Taxes, Fees Police Sworn 291143 21 CORE & MAIN Repair & Maint. Supplies Water Treatment 291344 20 GORDON LOWELL AR Utility Water Enterprise Fund103064920CRASSAS TRACIE Tuition Reimbursement/School Fitness Classes 291316 19 CORDER TRICIA Tuition Reimbursement/School Fitness Classes 291369 18 LEADBETTER KARA AR Utility Water Enterprise Fund 1030652 17 FLEETPRIDE INC Equipment Parts Fleet Operating 291431 17 SHRED RIGHT Waste Disposal General Community Center 291326 17 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 291327 17 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 291328 17 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 291428 16 SCHNEIDER KIRK AR Utility Water Enterprise Fund 291399 16 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 1030694 16 UPS Postage Customer Service 291429 14 SCHUBRING PAUL AR Utility Water Enterprise Fund 291380 14 MCNAMEE MARILYN AR Utility Water Enterprise Fund 8827 13 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery 291347 12 HALLEN CAMILLE AR Utility Water Enterprise Fund 291366 12 LANO EQUIPMENT INC Equipment Parts Fleet Operating 291461 12 ZIMMERMAN JAMES AR Utility Water Enterprise Fund 291192 11 RIZZO CHLOE Operating Supplies Arts Center 291331 11 ESTATE OF CHERYL VINSON AR Utility Water Enterprise Fund 291365 11 LADIN TERRY AR Utility Water Enterprise Fund 291447 11 TEAM ESTATES REALTY LLC AR Utility Water Enterprise Fund 291413 11 PIERCE ANNE AR Utility Water Enterprise Fund 291342 10 GILBERT KEITH AR Utility Water Enterprise Fund 291433 10 SKOGLUND SARA AR Utility Water Enterprise Fund 291396 10 MYINT KHIN AR Utility Water Enterprise Fund 291335 10 FALANIKO ETI AR Utility Water Enterprise Fund 291325 9 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 291426 8 SCARDIGLI ANTHONY AR Utility Water Enterprise Fund 291340 7 GARDINER LAWRENCE AR Utility Water Enterprise Fund 291183 7 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn 291430 7 SECHRIEST NICOLE AR Utility Water Enterprise Fund 291293 6 BARRETT KEN AR Utility Water Enterprise Fund 291422 6 RUBIN DAN AR Utility Water Enterprise Fund 291373 6 MA YE AR Utility Water Enterprise Fund 291404 6 NOYES RICHARD AR Utility Water Enterprise Fund Check #Amount Supplier / Explanation Account Description Business Unit Comments 291363 6 KOKA PRIYANKA AR Utility Water Enterprise Fund 291289 5 AKSTETER DOROTHY AR Utility Water Enterprise Fund 8833 3 SQUARE Bank and Service Charges Community Center Admin 2,645,194 Grand Total City of Eden Prairie Purchasing Card Payment Report 5/17/2022 Amount Account Description Business Unit 4,210 Other Contracted Services Wine Club/Events 2,860 Operating Supplies Round Lake 2,553 Other Revenue General Fund 1,789 Operating Supplies Police Sworn 1,742 Repair & Maint. Supplies Water Treatment 1,606 Office Supplies Police Sworn 1,459 Operating Supplies Special Initiatives 1,300 Tuition Reimbursement/School Police Sworn 923 Safety Supplies Utility Operations - General 850 Employee Award Organizational Services 760 Operating Supplies Community Center Admin 733 Landscape Materials/Supp Reforestation 720 Dues & Subscriptions Communications 719 Other Rentals Ice Show 685 Equipment Repair & Maint Utility Operations - General 677 Bank and Service Charges Prairie View Liquor Store 670 Operating Supplies Community Center Admin 667 Travel Expense Fire 657 Software/Hardware Maint.IT Operating 648 Dues & Subscriptions Planning 635 Repair & Maint. Supplies Water Distribution 595 Awards Communications 549 Licenses, Taxes, Fees Fitness Classes 546 Operating Supplies Park Maintenance 525 Conference/Training Police Sworn 525 Conference/Training Police Sworn 518 Operating Supplies Outdoor Center 500 Clothing & Uniforms Fire 499 Tuition Reimbursement/School Police Sworn 495 Repair & Maint. Supplies Senior Center 494 Operating Supplies Fitness Classes 479 Protective Clothing Fire 472 Capital Under $25,000 Senior Center Admin 429 Operating Supplies Police Sworn 428 Computers E-911 Program 410 Conference/Training Pool Operations 393 Capital Under $25,000 Senior Center Admin 375 Capital Under $25,000 Senior Center Admin 372 Dues & Subscriptions Organizational Services 368 Travel Expense City Clerk Amount Account Description Business Unit 366 Training Fire 366 Training Fire 360 Conference/Training Park Maintenance 360 Conference/Training Park Maintenance 359 Tuition Reimbursement/School Police Sworn 359 Training Supplies Police Sworn 350 Conference/Training Community Development Admin. 350 Conference/Training Housing and Community Service 347 Equipment Repair & Maint Traffic Signals 344 Office Supplies Police Sworn 337 Clothing & Uniforms Utility Operations - General 336 Miscellaneous Special Investigations 310 Conference/Training Utility Operations - General 304 Operating Supplies Outdoor Center 300 Operating Supplies Tennis 300 Other Contracted Services Liquor Store Delivery 299 Conference/Training Youth Programs Admin 294 Clothing & Uniforms Outdoor Center 291 Office Supplies Public Safety Communications 291 Clothing & Uniforms Community Center Admin 290 Conference/Training Utility Operations - General 290 Conference/Training Utility Operations - General 289 Repair & Maint. Supplies Pool Maintenance 289 Tuition Reimbursement/School Police Sworn 288 Conference/Training Pool Operations 276 Operating Supplies Public Safety Communications 276 Software/Hardware Maint.IT Operating 276 Operating Supplies Traffic Signs 273 Operating Supplies Tennis 267 Operating Supplies Fire 255 Clothing & Uniforms Fitness Admin. 250 Clothing & Uniforms Fire 250 Training Supplies Police Sworn 246 Travel Expense City Clerk 245 Conference/Training City Clerk 242 Capital Under $25,000 Senior Center Admin 241 Other Contracted Services Sustainable Eden Prairie 230 Miscellaneous City Council 229 Clothing & Uniforms Police Sworn 224 Conference/Training Pool Operations 223 Training Supplies Utility Operations - General 223 Operating Supplies Arts Center 220 Capital Under $25,000 Federal Forfeiture 220 Operating Supplies Volunteers Amount Account Description Business Unit 209 Training Supplies Utility Operations - General 207 Operating Supplies Community Center Admin 200 Miscellaneous Internal Events 190 Repair & Maint. Supplies General Community Center 189 Conference/Training Pool Operations 189 Operating Supplies Fitness Classes 184 Capital Under $25,000 Fitness Classes 184 Training Supplies Police Sworn 180 Conference/Training Economic Development 180 Operating Supplies Senior Center Admin 179 Operating Supplies Pool Operations 178 Clothing & Uniforms Special Events Admin 175 Conference/Training Fleet Operating 175 Conference/Training Fleet Operating 175 Conference/Training Fleet Operating 172 Operating Supplies Special Events (CC) 167 Operating Supplies Police Sworn 163 Office Supplies Police Sworn 161 Capital Under $25,000 Senior Center Admin 160 Clothing & Uniforms Utility Operations - General 156 Employee Award Organizational Services 155 Conference/Training Engineering 154 Employee Award Organizational Services 154 Capital Under $25,000 Federal Forfeiture 150 Conference/Training Street Maintenance 149 Conference/Training Engineering 149 Merchandise for Resale Arts Center 144 Other Contracted Services Prairie View Liquor Store 139 Capital Under $25,000 Senior Center Admin 135 Conference/Training Utility Operations - General 134 Operating Supplies Pool Operations 133 Repair & Maint. Supplies Senior Center 129 Repair & Maint. Supplies City Center - CAM 129 Conference/Training Human Resources 128 Conference/Training Pool Operations 125 Advertising Wine Club/Events 125 Advertising Prairie View Liquor Store 122 Repair & Maint. Supplies Utility Operations - General 120 Conference/Training Utility Operations - General 120 Operating Supplies Theatre Initiative 120 Advertising Youth Programs Admin 115 Conference/Training Utility Operations - General 115 Conference/Training Engineering 115 Special Event Fees Senior Center Programs Amount Account Description Business Unit 112 Operating Supplies Public Safety Communications 112 Operating Supplies Outdoor Center 110 Equipment Repair & Maint Pool Operations 109 Operating Supplies Fire 108 Conference/Training Pool Operations 108 Office Supplies Public Safety Communications 104 Operating Supplies New Adaptive 100 Advertising Special Events Admin 100 Licenses, Taxes, Fees Fitness Classes 99 Operating Supplies Community Center Admin 95 Conference/Training Economic Development 95 Operating Supplies July 4th Celebration 94 Janitor Service General Community Center 93 Operating Supplies Park Maintenance 89 Miscellaneous Special Investigations 88 Small Tools Facilities Staff 86 Operating Supplies Tree Disease 86 Capital Under $25,000 Senior Center Admin 83 Operating Supplies Arts Center 81 Software/Hardware Maint.Fire 80 Dues & Subscriptions Senior Center Admin 77 Training Supplies Police Sworn 76 Computers IT Operating 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Tuition Reimbursement/School Police Sworn 75 Fire Prevention Supplies Fire 75 Tuition Reimbursement/School Police Sworn 72 Other Rentals Ice Show 70 Dues & Subscriptions Finance 70 Conference/Training Pool Operations 70 Clothing & Uniforms Fitness Admin. 69 Operating Supplies IT Operating 69 Dues & Subscriptions Athletic Programs Admin 68 Operating Supplies Senior Center Programs 67 Clothing & Uniforms Police Sworn 67 Office Supplies Police Sworn 67 Operating Supplies Community Center Admin 64 Deposits General Fund 64 Operating Supplies Tree Disease 64 Repair & Maint. Supplies Facilities Staff 64 Operating Supplies Outdoor Center 64 Equipment Repair & Maint Senior Center Programs Amount Account Description Business Unit 63 Operating Supplies Outdoor Center 62 Operating Supplies Arts Center 61 Operating Supplies Arts Center 60 Mileage & Parking Police Sworn 60 Operating Supplies Fleet Operating 59 Operating Supplies Outdoor Center 59 Operating Supplies Fleet Operating 58 Operating Supplies Youth Programs Admin 58 Dues & Subscriptions Police Sworn 58 Repair & Maint. Supplies Pleasant Hill Cemetery 57 Advertising Wine Club/Events 56 Small Tools Facilities Staff 55 Operating Supplies Pool Lessons 54 Clothing & Uniforms Community Center Admin 54 Computers IT Operating 53 Capital Under $25,000 Senior Center Admin 52 Operating Supplies Community Center Admin 52 Operating Supplies Outdoor Center 51 Small Tools Facilities Staff 51 Operating Supplies Pool Operations 51 Operating Supplies Arts Center 51 Operating Supplies Public Safety Communications 51 Protective Clothing Tree Disease 50 Licenses, Taxes, Fees Tree Disease 50 Dues & Subscriptions Police Sworn 49 Dues & Subscriptions Police Sworn 49 Training Supplies Police Sworn 49 Training Supplies Police Sworn 49 Training Supplies Police Sworn 49 Training Supplies Police Sworn 49 Training Supplies Police Sworn 48 Repair & Maint. Supplies Water Treatment 47 Repair & Maint. Supplies Senior Center 46 Operating Supplies Police Sworn 44 Operating Supplies Arts Center 42 Clothing & Uniforms Recreation Admin 42 Equipment Parts Fleet Operating 41 Operating Supplies Arts 41 Operating Supplies Arts Center 41 Operating Supplies Public Safety Communications 40 Operating Supplies Community Center Admin 40 Conference/Training Athletic Programs Admin 40 Video & Photo Supplies Fire 40 Licenses, Taxes, Fees Fitness Classes Amount Account Description Business Unit 39 Repair & Maint. Supplies Park Maintenance 38 Operating Supplies Fitness Classes 37 Clothing & Uniforms Senior Center Admin 37 Operating Supplies Park Maintenance 37 Operating Supplies Fire 36 Operating Supplies Internal Events 36 Operating Supplies Senior Center Programs 36 Operating Supplies Special Events Admin 36 Computers IT Operating 35 Operating Supplies Public Safety Communications 33 Operating Supplies Arts Center 31 Operating Supplies Winter Theatre 30 Equipment Repair & Maint Pool Operations 30 Licenses, Taxes, Fees Utility Operations - General 30 Conference/Training Facilities Staff 30 Conference/Training Pool Operations 30 Operating Supplies Gymnasium (CC) 30 Operating Supplies Pool Operations 29 Operating Supplies Pool Lessons 29 Operating Supplies Outdoor Center 28 Clothing & Uniforms Youth Programs Admin 26 Capital Under $25,000 Senior Center Admin 26 Operating Supplies Pool Operations 25 Dues & Subscriptions Fire 25 Conference/Training Community Development Admin. 25 Conference/Training Tennis 25 Conference/Training Tennis 25 Dues & Subscriptions Police Sworn 25 Dues & Subscriptions Police Sworn 25 Tuition Reimbursement/School Police Sworn 25 Training Supplies Police Sworn 24 Equipment Parts Snow & Ice Control 24 Machinery & Equipment Public Safety Communications 23 Operating Supplies Fleet Operating 23 Equipment Parts Fleet Operating 21 Operating Supplies Police Sworn 21 Training Supplies Police Sworn 21 Operating Supplies Specialty Fitness Programs 21 Operating Supplies Police Sworn 20 Operating Supplies Outdoor Center 20 Operating Supplies Street Maintenance 20 Licenses, Taxes, Fees Utility Operations - General 20 Employee Award Organizational Services 20 Employee Award Organizational Services Amount Account Description Business Unit 20 Employee Award Organizational Services 20 Employee Award Organizational Services 20 Operating Supplies Tennis 20 Operating Supplies Housing and Community Service 20 Computers Stormwater Non-Capital 20 Training Supplies Prairie View Liquor Store 18 Operating Supplies New Adaptive 18 Operating Supplies IT Operating 18 Operating Supplies Police Sworn 18 Clothing & Uniforms Fitness Admin. 18 Conference/Training Fitness Admin. 18 Conference/Training Fitness Admin. 17 Operating Supplies Outdoor Center 17 Operating Supplies Public Safety Communications 16 Operating Supplies Arts Center 16 Operating Supplies Housing and Community Service 16 Other Contracted Services Organizational Services 16 Employee Award Organizational Services 16 Operating Supplies Pool Operations 16 Operating Supplies Fleet Operating 15 Dues & Subscriptions Communications 15 Conference/Training Economic Development 15 Other Contracted Services Theatre Initiative 15 Operating Supplies Arts Center 15 Operating Supplies Pool Lessons 15 Operating Supplies Pool Lessons 15 Training Supplies Pool Operations 15 Operating Supplies Pool Operations 14 Operating Supplies Volunteers 14 Equipment Repair & Maint Senior Center Programs 13 Software IT Operating 13 Software IT Operating 13 Operating Supplies Special Events Admin 13 Equipment Repair & Maint Emergency Management 11 Training Supplies Fire 11 Operating Supplies IT Operating 11 Operating Supplies Arts Center 11 Operating Supplies Arts Center 11 Miscellaneous City Council 11 Operating Supplies Pool Operations 11 Operating Supplies IT Operating 10 Conference/Training Economic Development 10 Conference/Training Human Resources 10 Miscellaneous Administration Amount Account Description Business Unit 9 Operating Supplies Arts Center 9 Operating Supplies IT Operating 8 Dues & Subscriptions Police Sworn 8 Mileage & Parking Police Sworn 8 Operating Supplies New Adaptive 7 Operating Supplies IT Operating 7 Operating Supplies Tree Disease 7 Operating Supplies Arts Center 7 Operating Supplies Community Center Admin 5 Operating Supplies New Adaptive 5 Operating Supplies Arts Center 5 Other Contracted Services Winter Theatre 4 Licenses, Taxes, Fees Fleet Operating 3 Operating Supplies New Adaptive 3 Bank and Service Charges Customer Service 1 Deposits General Fund 63,253 Report Total