HomeMy WebLinkAboutCity Council - 06/14/2022
AGENDA
CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, JUNE 14, 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. 2023-2032 CAPITAL IMPROVEMENT PLAN
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM
III. ADJOURNMENT
AGENDA EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, JUNE 14, 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. CITY GOVERNMENT ACADEMY GRADUATION
B. MARK WEBER RECOGNITION – EDEN PRAIRIE COMMUNITY FOUNDATION
C. ACCEPT DONATION FROM BENEDICTINE SENIOR LIVING IN SHAKOPEE FOR SENIOR CENTER GARDEN PARTY (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, MAY 17, 2022
B. CITY COUNCIL MEETING HELD TUESDAY, MAY 17, 2022
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. CLERK’S LIST B. SUITE LIVING OF EDEN PRAIRIE by Civil Site Group. Second Reading of
Ordinance for Planned Unit Development Amendment with waivers on 2.85 acres, Resolution for Site Plan Review on 2.85 acres (Ordinance for PUD Amendment, Resolution for Site Plan Review, Development Agreement)
CITY COUNCIL AGENDA June 14, 2022
Page 2
C. ADOPT RESOLUTION APPROVING FINAL PLAT OF GOLDEN TRIANGLE TOD
D. ADOPT RESOLUTION APPROVING FINAL PLAT OF SUITE LIVING
E. ADOPT RESOLUTION APPROVING PARTICIPATION IN PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY COUNCIL ON LOCAL RESULTS AND INNOVATION
F. DECLARE OBSOLETE EQUIPMENT AS SURPLUS
G. APPROVE PURCHASE AND IMPLEMENTATION OF COHESITY
BACKUP SOLUTION FROM XIGENT
H. AWARD CONTRACT FOR CUMMINS PHIPPS GRILL HOUSE ROOF REPLACEMENT TO EQUITY BUILDERS
I. ADOPT RESOLUTION APPROVING MASTER PARTNERSHIP CONTRACT WITH MNDOT
J. APPROVE MODIFICATION TO CONSERVATION EASEMENT OVER LOT 9 BLOCK 1 OF CAM ADDITION
K. APPROVE AGREEMENT WITH BRAUN FOR 2022 PAVEMENT REHAB PROJECT
L. APPROVE SUBMITTAL OF 2021 ANNUAL REPORT TO MPCA FOR NPDES PHASE II STORMWATER PERMIT PROGRAM
M. APPROVE METROPOLITAN COUNCIL CLEAN WATER FUND GRANT AGREEMENT NO. SG-17768
N. AWARD 2022 ADA PEDESTRIAN RAMP PROJECT
O. APPROVE AGREEMENT WITH HTPO FOR DESIGN OF HIGHWAY 101
WATERMAIN EXTENSION PROJECT
P. APPROVE AGREEMENT WITH HTPO FOR CONSTRUCTION ADMINISTRATION FOR MANOR ROAD NORTH DRAINAGE IMPROVEMENTS PROJECT
Q. ADOPT RESOLUTION APPROVING APPOINTMENT OF ELECTION JUDGES FOR 2022 PRIMARY ELECTION
R. AWARD CONTRACT TO CENTURY FENCE FOR FRANLO PARK NOISE REDUCTION FENCING AND MILLER PARK BATTING CAGE FENCING
CITY COUNCIL AGENDA June 14, 2022
Page 3
IX. PUBLIC HEARINGS / MEETINGS
A. VACATION OF DRAINAGE AND UTILITY EASEMENTS (Resolution)
X. PAYMENT OF CLAIMS
XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
A. STUDENTS ON COMMISSIONS
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: Proclamations / Presentations
DATE:
June 14, 2022
DEPARTMENT/DIVISION:
Jay Lotthammer, Director, Parks and Recreation
ITEM DESCRIPTION:
Donation from Benedictine Senior Living in Shakopee to Senior Center Garden Party
ITEM NO.:
IV.C.
Requested Action
Move to: Adopt the Resolution accepting the donation in the amount of $250 from Benedictine Senior Living in Shakopee to Senior Center Garden Party. Synopsis
This donation will go to the Senior Center to help fund the annual Senior Center Garden Party. Background The Eden Prairie Senior Center, when fully operational, generates several hundred visits per
week for drop-in programs, enrichment classes, fitness opportunities and social events. Prior to the pandemic, participation had shown significant annual growth and the community’s use of this resource is expected to continue to increase in the coming years. The mission of the Eden Prairie Senior Center is to provide for social, recreational, educational,
psychological and physical needs; enhance the visibility of older adults; and promote their participation in all aspects of community life. Attachment
Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-__ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS
BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $250 from Benedictine Senior Living in Shakopee to be used for the Senior Center Garden Party is hereby recognized and accepted by the Eden Prairie City
Council.
ADOPTED by the City Council of the City of Eden Prairie this 14th day of June 2022.
___________________________ Ronald A. Case, Mayor
ATTEST:
___________________________ Nicole Tingley, City Clerk
UNAPPROVED MINUTES 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
Mayor Case was not in attendance. Jennifer Hassebroek, Sustainability Coordinator, began
presenting an update on the most recent Climate Action Plan data from 2020. Planned
emissions reductions have continued to trend down, 19 percent from the previous year.
Generally, the decrease can be attributed to the pandemic and Xcel’s increased reduction in
emissions from electricity generation. Narayanan inquired if that was due to a switch from
coal. Hassebroek replied yes and noted Xcel moved toward natural gas.
Hassebroek stated 63 percent of emissions is energy. 35 percent is from commercial
electricity, 29 percent is from residential natural gas, 22 percent from commercial natural
gas, and 15 percent from residential electricity. Baseline commercial emissions decreased
and residential increased. In 2020, Xcel Energy was 62 percent carbon free. There were
significant decreases in coal and increases in natural gas, wind, and solar. Narayanan
inquired if there is a breakdown of the electric grid data. Hassebroek responded the
breakdown of the data is not readily available. The majority is likely natural gas and wind.
Hassebroek stated Xcel received permission from the Public Utilities Commission to operate
the coal plants seasonally. Travel emissions were down 26 percent from 2019. It may
increase slightly when 2021 data is made available. Waste emissions were down 10 percent
from 2019. About 45 percent of waste products were landfilled and 55 percent were
incinerated. In regard to projects the City is working on, the City has 10 replacement electric
fleet vehicles on order. The Mustang Mach E has arrived and is being outfitted. Ellis added
on tonight’s Council agenda there are some vehicles going forward for approval to order: two
additional Ford E sports utility vehicles (SUVs), a Chevrolet Bolt, and an electric John Deer
Gator. The Ford Mustang will be a patrol car, one F150 lightening will be used in parks and
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one will be used in the police department, an electric garbage truck, four Chevrolet Bolts, and
two transit connect vehicles. Narayanan inquired if the price decreased. Ellis replied the price
has decreased and they are now available for order. Narayanan added SouthWest Transit had
the choice of selecting an electric bus, but the price difference was 100 percent and was not
feasible. Ellis noted these vehicles are not that much of a mark up compared to typical
vehicles. Getschow noted some of the large specialty vehicles in the City are priced higher
than what is feasible.
Hassebroek stated there will be five dual-port fleet chargers approved for the City Center
parking lot and 11 single port fleet chargers for the Maintenance Facility. They are also
looking at a few locations for public fast-charging stations. Narayanan inquired if cities are
looking into putting electric vehicle charging stations (EVCS) in private places such as the
mall. Hassebroek replied cities are looking at opportunities they have to place charging
stations near places people frequent and close retail outlets. Ellis stated Xcel is actually
buying the infrastructure for the City Center EVCS. Hassebroek noted the fast-charging
stations are more of a power intensive process, so the City charges about one dollar per hour
for changing. Nelson added it would be nice to have charging stations at grocery stores and
the library. Hassebroek responded the library now has EVCS after their recent remodel.
Hassebroek stated curbside organic pickup was implemented November 1. So far there have
been 200 plus rebates. As of the beginning of the year, there were 414 households
participating in the program. Pricing on organics is anywhere from $3.25 to $15 per month.
Narayanan inquired about persons utilizing the program. Hassebroek replied it is single
family users. Nelson inquired about pet-proof counter organics container. Neuville noted she
has a container that requires a button to be pushed to open. Hassebroek stated one of the
haulers is responsible for about 95 percent of the rebates so far. The quality of the loads have
been good, but other cities are struggling with contamination and participation. The
Sustainability Commission is looking to do more outreach about the program throughout the
year. Water use rates were slightly higher than the 75 gallons per resident. It is the City’s
goal to be at or below 75 gallons per capita per day. There were 108 irrigation rebates last
year totaling $16,800. $13441 comes from a Metropolitan Council grant, and the City
matched $3,360. Narayanan noted the increase could be attributed to working from home.
Hassebroek stated the landscape rebate program encourages residents to take out buckthorn,
install pollinator gardens, and restore their shoreline. Last year there were 27 projects, and
$147,532 total investment. ReACT Eden Prairie is a tool that was recently launched on Earth
Day. It provides tips for sustainable best practices and lets residents report their sustainable
projects and efforts. Most effective tools to drive behavior change involve highlighting social
norms and providing public acknowledgement of those actions. There are also tips on
sustainable best practices. Nelson noted some homeowners associations limit the possibility
of where solar can be placed. In some cases it cannot be visible from the front of the house. It
might be helpful to consider an ordinance that overrules homeowners associations regarding
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solar. Narayanan inquired if there are grants available for solar. Hassebroek replied there are
solar rewards rebates through Xcel Energy, possibly Minnesota utilities, and tax credits.
Hassebroek stated there has been a staff work team involved in the sustainable building
standards. There was a series of workshops provided by Center for Energy Environment.
There are subgoals in the Climate Action Plan about new construction, electric load, and EV
passenger vehicles. Buildings make up 63 percent of emissions in the City. Narayanan
inquired if there is data on how many people own EVs. Hassebroek responded it is around
2.5 percent of households that own an EV. The Sustainable Building Standard looks at
requiring EVCS, having new construction be solar ready, and advancing building energy
codes. Putting together a sustainable building standard streamlines the development review
process. Right now there is a checklist in the Development Review Handbook to request
features in voluntary capacity. Narayanan noted the Planning Commission is also educated
on these goals. Nelson inquired if there is any way to require these items. Ellis replied
adopting the policy would require it in certain circumstances.
Toomey inquired why the State does not allow the City to produce an ordinance with these
standards. Neuville stated there is a statute stating the City cannot require, through ordinance
or development agreement, any building standard that is different than State Building Code.
Ellis noted Staff have participated in policy committees to push this legislation forward but
have met resistance. Hassebroek stated other cities who have a similar standard or policy are
Duluth, Edina, Maplewood, Minneapolis, Northfield, Rochester, St. Louis Park, and Saint
Paul. Ellis elaborated on what would trigger the requirement. It would be required if there is
a request for tax increment financing (TIF). Nelson clarified they can still negotiate with
developers through Planned Unit Development (PUD). Neuville clarified if the Council
denied a PUD due to not meeting these requirements it would not be valid. Getschow added
the hope is most developments would follow this standard.
Hassebroek stated Saint Paul and Saint Louis Park’s standards have existed for 10 years, and
Saint Louis Park is currently updating theirs. Narayanan inquired how much additional cost it
would be to the builder with the building standards. Hassebroek responded there are so many
different variables. In most every incoming project there are sustainable components now. It
is difficult to put an amount to entire buildings rather than solar or EV. Getschow noted there
is push in legislation to try to eliminate the ability to do a PUD or have design standards.
Toomey inquired if we have received feedback from developers of being unfriendly and
difficult to work with. Klima responded the feedback is not about being unfriendly, but Staff
have received feedback about required building materials and other things above and beyond
what is in code. Usually, there is an agreement prior to going to the Planning Commission.
Hassebroek stated sustainable building standards are made up of third-party green building
rating system and universal requirements. Rating system options look holistically at the
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building design and operation. The idea behind the third-party rating system gives the City a
verified way of knowing they are complying. It has also been suggested to make sustainable
building policies universal across cities who have implemented them. The universal
requirements apply to a triggered project, are established to ensure City sustainability
priorities are met, and the City must determine a verification method. The City is responsible
for verifying these have been done. Universal requirements being considered for Eden Prairie
are predicted green house gas (GHG) emissions, EV charging capability, energy efficiency
standard, and renewable energy standard. EV capable spaces have materials in place to
support a 240-volt outlet such as panel capacity and space in the circuit breaker. Narayanan
inquired how much cost is associated with being EV ready. Hassebroek noted she did not
have those exact numbers. Nelson replied with no capability quotes are around $15,000.
Hassebroek stated around 80 percent of EV charging happens at home. Not being able to
charge in multi-family buildings is an equity concern. Travel emissions will eventually be the
leading sector in the community as it is statewide. One consideration for the proposed EV
standard would be to allow one EV fast charger in place of five level two EVCS. Right now
there is no building code requirement about accessible spaces. Making spaces EVCS ready is
less expensive than after the build is finished. Getschow inquired about numbers for recent
larger development. Hassebroek replied Paravel would have been required to have nine, and
they plan to have five EV ready outlets. The Ellie would have been required to have nine,
and they made six EV ready and six EVCS installed.
Hassebroek stated in regard to solar, the minimum standard would be to make homes solar-
ready, evaluate feasibility of sourcing up to five percent of energy with on-site solar, and
install if cost-effective using a payback of 15 years. Narayanan inquired if solar panels are
allowed in the back yard. Klima responded yes, they are considered a permitted accessory
structure. The other Leadership in Energy and Environmental Design (LEED) Green
communities do not always require solar if they can get their total points with other
sustainable features. Triggers for application of the Sustainable Building Standard would be
any new construction project requesting a financial or land use incentive and any major
addition over 10,000 square feet requesting a financial or land use incentive. Financial
incentives would include TIF, Metropolitan Council Livable Communities Act (LCA) Grant,
Hennepin County grants, and conduit bonds. Land use incentives would be PUD Zoning.
These triggers are similar to Edina and Saint Louis Park’s standard. All cities with a standard
are requiring predicted GHG emissions. Freiberg inquired about the legality of requiring it
with the PUD process. Neuville replied other cities have done it for a while and have not
been challenged on it. The state building official enforces the requirement and initially
notifies with a letter.
Hassebroek stated the Sustainability Commission received this presentation and
recommended adoption of the Sustainable Building Standard. Next steps would be to refine
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the policy with feedback from the Council, do a formal presentation to Council at a future
meeting, and would recommend a proposed start date of January 1, 2023.
Nelson stated it does not seem like there is a large cost associated with these efforts but more
of a cost savings in the future for residents. Ellis noted developers often are not looking at the
payback in 15 years. Narayanan inquired if the City is making progress. Hassebroek replied
yes. Narayanan inquired what the Commission could be doing to support these efforts.
Hassebroek replied they are interested in moving this forward and educating the community
on what they can be doing. Freiberg stated there are not many cities in Hennepin County with
these standards. Hassebroek replied Bloomington is also working towards developing
standards. Toomey added she appreciates these efforts as it will be important for the future of
the City.
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM III. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, MAY 17, 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 Acting Mayor Kathy Nelson called the meeting to order at 7:00 PM. Mayor Ron Case was absent.
II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS / PRESENTATIONS A. HUMAN RIGHTS AWARDS Getschow introduced John Urbanski, member of the Human Rights and
Diversity Commission, to present the first of the Human Rights Awards.
Mr. Urbanski stated 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, the Commission is honored to recognize community individuals, youth, businesses, and non-profits that live its values through their service to our community.
Shubhangi Mohan, member of the Human Rights and Diversity Commission, presented the Individual Award to Kim Rathjen. 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.
Over the past 6 years, Ms. Rathjen developed a vision and led implementation
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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. Ms.
Rathjen also served on the board of PROP from 2015-2021. 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.
Keerthana Ramanathan, member of the Human Rights and Diversity
Commission, presented the Youth Award to Niamya Halloway. 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 (EPHS). 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. She encourages others to rise above hate. Babar Khan, member of the Human Rights and Diversity Commission,
presented the Non-Profit Award to Bloomington Eden Prairie Meals on
Wheels. 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. Like many non-profits, Meals on Wheels has faced overwhelming challenges throughout
COVID-19. 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. Councilmember Narayanan encouraged everyone to participate as a Meals on
Wheels driver in Eden Prairie.
Jody Knight, member of the Human Rights and Diversity Commission, presented the Business Award to Winnebago Industries. 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 the 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
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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.
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Toomey moved, seconded by Narayanan, to approve the agenda as published. Motion carried 4-0.
VI. MINUTES B. COUNCIL WORKSHOP HELD TUESDAY, MAY 3 , 2022
C. CITY COUNCIL MEETING HELD TUESDAY, MAY 3, 2022 MOTION: Narayanan moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, May 3, 2022, and the City Council meeting held Tuesday, May 3, 2022, as published. Motion carried 4-0.
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR
D. CLERK’S LIST E. 6511 ROWLAND ROAD DEVELOPMENT AGREEMENT AMENDMENT by Stone Cottage Construction. Approve First Amendment to Development Agreement on 0.31 acres (Development Agreement
Amendment) F. AWARD TENNIS COURT RECONSTRUCTION CONTRACT TO DMJ ASPHALT
G. AWARD TENNIS COURT RESURFACING CONTRACT TO THE TENNIS COURT DOCTOR
H. AWARD STARING LAKE PARK RETAINING WALL CONTRACT TO
ODESA II
I. AUTHORIZE AGREEMENT WITH MINNESOTA DEPARTMENT OF NATURAL RESOURCES FOR EMERALD ASH BORER (EAB) PROTECTING COMMUNITY FORESTS GRANT
J. APPROVE CONTRACT FOR SERVICES WITH MACQUEEN FOR FIRE TRUCKS
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K. ADOPT RESOLUTION 2022-69 APPROVING FENCING CONSORTIUM JPA L. AWARD CONTRACT TO DIVERSIFIED CONSTRUCTION FOR FIRE STATION 1 KITCHEN REMODEL
M. APPROVE AGREEMENT WITH BOLTON & MENK FOR FINAL DESIGN OF WILLOW CREEK CULVERT REPLACEMENT
N. APPROVE AGREEMENT WITH WSB FOR FEASIBILITY DESIGN AND SUPPORT OF DELL ROAD
O. APPROVE ORDERING AND PURCHASE OF 2023 REPLACEMENT PLAN VEHICLES AND EQUIPMENT P. AWARD CONTRACT FOR MANOR ROAD NORTH DRAINAGE IMPROVEMENTS TO BKJ LAND CO II DBA BKJ EXCAVATING
Q. APPROVE MAINTENANCE AGREEMENT WITH EP CAMPUS I LLC
R. DECLARE PROPERTY AS SURPLUS MOTION: Toomey moved, seconded by Narayanan, to approve Items A-O on
the Consent Calendar. Motion carried 4-0. 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 2022-70 for PUD Concept Review, Ordinance for PUD Amendment with waivers, Resolution 2022-71 for Preliminary Plat, Resolution 2022-72 for Findings of Fact) Getschow stated the applicant is proposing construction of 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. 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.
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Jeremy Larson, representative of Suite Living Senior Care, explained they have seven communities throughout the Twin Cities and have another six under construction. They build, operate, and own the communities. There are 20 to
25 employees per building.
Mr. Larson explained employees consist of a Director, Registered Nurse, Activities Director, Cook, and Caregivers. They partner with local churches, daycares, and other outside companies to provide activities for seniors. There
are six to eight employees during the day and three to four overnight.
Mr. Larson noted the site would include an electric vehicle charging station and a solar roof. He showed a slide of the proposed site layout and a map of tree removal and planting. He then showed a potential exterior of the building
and photos of existing sites. Mr. Larson played a video with a tour of the
Burnsville site. Getschow stated the zoning is consistent with the Comprehensive Plan. The Planning Commission voted 7-0 to recommend approval of the project.
Narayanan thanked the applicant for their interest in Eden Prairie. He noted his appreciation of the solar roof and the electric vehicle charging station. Narayanan asked what types of events could be hosted in the proposed event
space. Mr. Larson stated outside entertainment may come in such as a music
performer to use the community space as an example. Narayanan asked if a community member could host a party there. Mr. Larson stated guests of residents could use the space to celebrate a birthday or other event with the resident.
Narayanan noted the proposal includes internship and volunteer opportunities, which are needed for youth. He added the building is long and asked if a resident would be expected to navigate the entire length of the building. Mr. Larson stated the assisted living side eats in a common cafeteria. The memory
care side would eat in a different spot.
Narayanan asked if pets are allowed. Mr. Larson stated the residents can’t own a pet, but pets are welcome to visit for events.
Narayanan asked if any trees are being removed. Mr. Larson stated some trees
will be removed, but they are planting many more trees on the property for screening purposes. Narayanan asked for the exact figures of how many trees would be removed and replaced.
Community Development Director Julie Klima stated there is a significantly
larger number of trees being added than will be removed.
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Freiberg noted he was impressed with the proposed site. He asked how the community meeting went. Mr. Larson stated two members of the community showed up to the community meeting, and they were supportive.
Freiberg agreed a lot of trees are leaving the front of the lot. If the caliper of trees being added exceeds that of those removed, then he would accept the removal.
Freiberg noted the Council has considered a lot of proposals for the site, and
there have always been issues with height. However, the proposal has been creatively done. Toomey stated neighbors will be appreciative of the trees on the back of the
property being retained. She asked if there are wetlands on the property.
Public Works Director Robert Ellis stated there are two outlots that will be deeded to the City with conservation easements. Toomey noted her appreciation of the volunteer and community involvement
aspect of the proposal.
Nelson asked what outdoor components are included in the site for the residents to access. Mr. Larson stated the back of the building has a fenced patio and there is also a sidewalk available for taking a walk.
Nelson asked if they have ever considered doing planting beds. Mr. Larson stated they haven’t done something like a planting bed, but there have been planting activities for residents to bring back to their room or leave on the patio area.
Mike Amundson of 9565 Garrison Way stated that the proposal is the best one he has seen for the site. It is a single family building with a good design and will have little traffic. The proposed landscape plan has a lot of trees being taken down on the south side of the building. The replacement trees are not
planned to be placed in the same area. He requested for trees to be planted on
the south side to allow for additional screening. Mr. Ellis stated there is a five-foot easement area that will remain free of any obstructions. He added there is a pond preserved on the south side of the lot
where the City will have to access.
Nelson asked if any trees could be planted on the south side. Mr. Ellis stated the developer would have to answer the question. There is a possible space near the sidewalk.
Mr. Larson stated they would be willing to plant more trees. They thought they couldn’t plant more trees due to a buffer area. However, if there is the
CITY COUNCIL MINUTES May 17, 2022
Page 7
possibility for adding more trees, they would like to plant more trees. Getschow stated Staff will work with the developer to add more trees to the proposal before the next reading.
MOTION: Narayanan moved, seconded by Freiberg, to close the public hearing, 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, and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 4-0.
B. 12365 SINGLETREE LANE FAÇADE REMODEL by Newton RES LLC.
Resolution for Site Plan Minor Amendment on 1.66 acres (Resolution 2022-73 for site plan minor amendment, Development Agreement) Getschow stated 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 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. The item goes straight to the Council, so it was not reviewed by the Planning Commission.
Michael Margulies, project representative with EP Ventures LLC, showed
slides with the proposed floor plan, the current exterior of the building, and the potential exterior for the building. He explained the potential tenants have not selected for the space.
Getschow noted the project meets all of the Code requirements.
Freiberg noted the building was originally a steakhouse. He noted his appreciation for the developer keeping the patio. Mr. Margulies noted there are restrictions on the property from Wal-Mart, so the proposed use is the best
possible use.
Toomey asked about the condition of the patio. Mr. Margulies stated the retaining wall needs some cosmetic repairs, but it is in good shape overall.
Narayanan added the building does not look good currently, and the renovation
would make the area look much better.
CITY COUNCIL MINUTES May 17, 2022
Page 8
Nelson asked if the bushes are flowering or if any landscaping is included in the plan. Confluence, the landscape designer, has submitted a plan that is primarily trees. He added he suspects there will be annual flower plantings.
Klima stated flowering plants are included in the landscaping plan.
There were no comments from the audience. MOTION: Toomey moved, seconded by Freiberg, to close the public hearing,
adopt a Resolution for a Site Plan Review on 1.66 acres, and approve the
Development Agreement. Motion carried 4-0. X. PAYMENT OF CLAIMS
MOTION: Toomey moved, seconded by Narayanan, to approve the payment of
claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Nelson, and Toomey voting “aye.” XI. ORDINANCES AND RESOLUTIONS
XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS
XIV. REPORTS
XV. OTHER BUSINESS Getschow stated the Council’s schedule will be different for the summer. They will be
meeting on June 14, July 12, and August 16. XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion
carried 4-0. Acting Mayor Nelson adjourned the meeting at 7:49 p.m.
- 1 -
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 14, 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
Temporary Liquor Organization: City of Eden Prairie / EP Liquor Event: Concert in the Park
Date: August 11, 2022
Place: Staring Lake Park 14800 Pioneer Trail Organization: City of Eden Prairie / EP Liquor
Event: Arts in the Park
Date: August 20, 2022 Place: Purgatory Creek Park 13001 Technology Drive
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 14, 2022
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/Planner
ITEM DESCRIPTION:
Suite Living of Eden Prairie
ITEM NO.:
VIII.B.
Requested Action
Move to:
• Approve the 2nd Reading of an Ordinance for a Planned Unit Development Amendment with waivers on 2.85 acres
• Adopt a Resolution for a Site Plan Review on 2.85 acres
• Adopt a Resolution for a Conditional Approval of the Development Agreement for Suite Living of Eden Prairie Synopsis
This is the final approval for the Suite Living of Eden Prairie project. 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. The proposed one-story
building will include 20 assisted living units and 12 memory care units. 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 The public hearing for this project was held by the City Council on May 17, 2022. During the
public hearing, a resident that lives south of the project requested that the developer add more landscaping along the south side of the building to soften the view of the building. Since trees are not allowed in the 5-foot wide drainage and utility easement, space is limited, and trees would interfere with the solar panels, the developer has added shrubs rather than trees along the south side of the building (see attached Landscape Plan). The revised plan includes evergreen
and deciduous shrubs (American Pillar Arborvitae, Ninebark, and Yew) along the south side of the building from the patio to the west end of the building (see below).
Original Plan
Revised Plan
The additional shrubs soften the view from adjacent properties. The layout of the shrubs alternates between the taller and shorter shrubs so that the residents can look out their window and see into the green space to the south. The Arborvitae can get as tall as 20 feet, it grows fast
and it tolerates pruning. The Ninebark and Yew are lower growing species that both reach a mature height of 3 – 4 feet. All three species are illustrated above.
The 120-day review period expires on July 23, 2022.
Attachments
1.Revised Landscape Plan2.Ordinance for PUD3. Ordinance Summary
4. Resolution for Site Plan5. Resolution for Development Agreement\6. Development Agreement
American Pillar Arborvitae Labeled as TN on the plan Little Devil Ninebark Labeled LDN on the plan
Taunton Yew Labeled as TT on the plan
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 June 14, 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 14th day of June, 2022.
ATTEST:
__________________________________ ___________________________________ Nicole Tingley, City Clerk Ronald A. Case, 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
SUITE LIVING OF EDEN PRAIRIE
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF
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:
Summary: This ordinance allows amendment of the zoning designation of land
located within the RM-6.5 Zoning District into a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
__________________________ ________________________ Nicole Tingley, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on ______________________, 2022. (A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-____
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR SUITE LIVING OF EDEN PRAIRIE BY LANDCO INVETMENTS, LLC WHEREAS, Landco Investments LLC, has applied for Site Plan approval of Suite Living of Eden Prairie to construct a 32-unit assisted living and memory care facility; and, WHEREAS, zoning approval for Suite Living of Eden Prairie was granted by an Ordinance approved by the City Council on June 14, 2022; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at its April 25, 2022 meeting and recommended approval of said site plan; 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 Suite Living of
Eden Prairie, subject to the Development Agreement between Landco Investments of Eden
Prairie, LLC and the City of Eden Prairie, reviewed and approved by the City Council on June 14, 2022.
ADOPTED by the City Council of the City of Eden Prairie this 14th day of June, 2022.
____________________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
Nicole Tingley, City Clerk
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-____ A RESOLUTION FOR A CONDITIONAL APPROVAL OF THE DEVELOPMENT AGREEMENT FOR SUITE LIVING OF EDEN PRAIRIE WHEREAS, the Developer has requested to sign and execute the Development Agreement at the closing of the property; and,
WHEREAS, the City is amenable to allowing the Developer to sign and execute the
Development Agreement at the closing; and,
WHEREAS, the approval of this Agreement, second reading of Ordinance No
________________ , and Resolution No ____ granting Site Plan approval are contingent
upon receipt by the City Manager of documentation acceptable to the City Manager that Landco Investments of Eden Prairie has acquired fee simple interest in the Property as defined in the Development Agreement. If the City Manager does not receive such documentation on or prior to August 20, 2022 the above Ordinance, Resolution, and approvals are null and void and of no
further effect. The City Council may, but is not required to, take such further action to confirm that
the Ordinance, Resolution, are null and void and of no further effect; and,
WHEREAS, the City Council has reviewed said project at a public hearing at its May 17, 2022, meeting.
WHEREAS, the City Council has reviewed the Development Agreement at its June 14,
2022, meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that the Development Agreement between Landco Investments
of Eden Prairie, LLC and the City of Eden Prairie is conditionally approved by the City Council on
June 14, 2022, and is conditioned upon the Developer providing the City Manager documentation that Landco Investments of Eden Prairie, LLC has acquired fee simple interest in the Property. If the City Manager does not receive such documentation on or prior to August 20, 2022, the above Ordinance, Resolution, and approvals are null and void and of no further effect. The City Council
may, but is not required to, take such further action to confirm that the Ordinance, Resolution, are
null and void and of no further effect; and,
ADOPTED by the City Council of the City of Eden Prairie this 14th day of June 14, 2022.
____________________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
Nicole Tingley, City Clerk
Development Agreement – Suite Living of Eden Prairie 1
DEVELOPMENT AGREEMENT
Suite Living of Eden Prairie THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of
__________, 2022, by Landco Investments of Eden Prairie, 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 Planned Unit Development Concept Review on 2.85 acres, Planned Unit Development District Review with waivers on 2.85 acres, Site Plan Review on 2.85 acres, and Preliminary Plat of 2.85 acres into 1 lot and 2 outlots (the “Applications”), for real property legally described on Exhibit A (the “Property”);
WHEREAS, Hennepin CityHomes, LLC and City entered into that certain Development Agreement dated July 13, 2021 and filed with the Hennepin County Recorder’s Office on July 20, 2021 as Document No. 10993927, pertaining to the Property (“Original Development Agreement”).
NOW, THEREFORE, in consideration of the City adopting Resolution No. __________ for Planned Unit Development Concept Review, Ordinance No. __________ for Planned Unit Development District Review with waivers on 2.85 acres, Resolution No. ____________ for Site Plan Review, Resolution No. ____ in support of Park Dedication Fees, and Resolution No.
__________ for Preliminary Plat, Developer agrees to construct, develop and maintain the
Property as follows: 1. PLANS: Developer must develop the Property in conformance with the materials revised
Development Agreement – Suite Living of Eden Prairie 2
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.
2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C.
3. CASH PARK FEES: In lieu of dedication of land, Developer must pay cash park fees for
32 units as required by City Code in effect as of the date of the issuance of the building permit(s) for construction on the Property, consistent with the findings of fact contained in Resolution No ___.
4. CONVEYANCE OF LAND FOR WETLAND AND WETLAND BUFFER PRESERVATION AND MAINTENANCE: Prior to release of the final plat for the Property, Developer must tender a warranty deed for proposed Outlots A and B for review and written approval by the City Engineer. After approval by the City, Developer must file the warranty deed with the Hennepin County Recorder or Registrar of Titles’ Office as
appropriate immediately after the recording of the final plat and prior to recording of any
document affecting the property including but not limited to any mortgage granted by the Developer or owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer must submit
to the City Engineer proof that the warranty deed has been recorded in the Hennepin
County Registrar of Titles' Office. 5. DEVELOPER’S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Property and construction thereon or failure to
fulfill an obligation imposed upon the Developer pursuant to this Agreement, City will give
24 hours’ 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 or occupancy permit for construction or occupancy on the Property while such a violation is continuing, unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement will be determined solely and conclusively by the City Manager or his or her designee.
6. 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. 7. ENCROACHMENT AGREEMENT: Developer will construct, own, and maintain a
Development Agreement – Suite Living of Eden Prairie 3
private sanitary sewer forcemain that will serve the Property and connect with the City sanitary sewer main located in the Clark Circle right-of-way. The private sewer will be
located in the existing public drainage and utility easement areas between Lots 4 and 5,
Block 6, Garrison Forest Second Addition, as shown on the plat of Garrison Forest Second Addition, and in the Clark Circle right-of-way to the point of connection with a City sewer manhole. Prior to release of the final plat, the Developer shall execute an “Encroachment Agreement” in the form attached as Exhibit D for the private sanitary sewer forcemain and
appurtenances and shall file the Encroachment Agreement with the Hennepin County
Recorder/Registrar of Titles, as appropriate, immediately after the recording of the final plat and prior to recording any document affecting the Property including, but not limited to, any mortgage granted by the Developer or owners, their successors and/or assigns, but exclusive of those documents contemplated under this Agreement.
8. ORIGINAL DEVELOPMENT AGREEMENT: The Original Development Agreement is hereby superseded and replaced in its entirety with this Agreement. 9. 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 and colors 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 and colors plan in accordance with the
terms and conditions of Exhibit C. 10. FINAL PLAT: The final plat of the Property must be recorded with the Hennepin County Recorder and/or Registrar of Titles’ Office, as applicable, within 90 days of approval by
the City Council or within 2 years of approval of the preliminary plat, whichever occurs
first. If the final plat is not filed within the specified time, the City Council may, upon ten days written notice to the Developer, consider a resolution revoking the approval. 11. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION
PLANS:
A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans has been preliminarily approved by the City Engineer. Prior to the release of a land alteration permit for the Property,
Developer must submit and obtain the City Engineer's written approval of a final
grading and drainage plan for the Property. The final grading and drainage plan must be prepared and properly signed by a currently licensed Professional Civil Engineer hired by the Developer. The final grading and drainage plan must include:
1. Wetland information, including wetland boundaries, wetland buffer strips and
wetland buffer monument locations; 2. “Stormwater Facilities” as that term is defined in City Code Section 11.55, Subd. 2, including all stationary, temporary, and permanent stormwater BMPs
Development Agreement – Suite Living of Eden Prairie 4
designed, constructed and operated to prevent or reduce the discharge of pollutants in stormwater as well as structures built to collect, convey or store
stormwater (“Stormwater Facilities”); and
3. Any other items required with the land alteration permit application and/or by the City Engineer for release of the permit. B. LAND ALTERATION PERMIT: Developer must submit the following with all
land alteration, grading and/or filling permit applications as described below and in
accordance with City Code: 1. Design calculations for storm water quality, rate, 100-year high water level (HWL), and volume, together with a drainage area map;
2. Logs for geotechnical borings and/or infiltration tests within the footprint of all proposed permanent stormwater management BMPs. Geotechnical borings must extend to a minimum depth of five (5) feet below the proposed bottom of the BMP. If the infiltration rates indicated by the geotechnical borings and/or
infiltration tests are more restrictive than the assumptions made in the
Stormwater Management Report, the design of the permanent stormwater management BMPs must be amended accordingly and an updated Stormwater Management Report must be provided.
3. Financial security in the form of a bond, cash escrow, or letter of credit, equal
to 125% of the cost of the work to be done pursuant to the permit, in a format approved by the City and as required by City Code Section 11.55, Subd. 11 (the “Land Alteration Security”);
4. At the request of the City Engineer, a maintenance and monitoring plan must
be submitted for all privately owned Stormwater Facilities to ensure they continue to function as designed in perpetuity, pursuant to and in accordance with City Code Section 11.55, Subd. 7 (“Maintenance and Monitoring Plan”). The Maintenance and Monitoring Plan must include, at a minimum:
a) The party(s) responsible for maintenance;
b) Access plans for inspections, monitoring and/or maintenance; c) Planting plan (if applicable); d) Routine and non-routine inspection procedures; e) Frequency of inspections;
f) Sweeping frequency for all parking and road surfaces (if applicable);
g) Plans for restoration or repairs (including reduced infiltration when applicable); h) Performance standards; and i) Corrective actions that will be taken if the stormwater facility(s) does not
meet performance specifications.
6. Erosion and sedimentation control plan;
Development Agreement – Suite Living of Eden Prairie 5
7. Copy of the Stormwater Pollution Prevention Plan (“SWPPP”) if required by the Minnesota Pollution Control Agency Construction Stormwater Permit; and
8. Infiltration/Filtration Practices: All proposed practices, measures and methods must be in accordance with the Minnesota Stormwater Manual. For land alteration permit applications for projects that incorporate infiltration/filtration practices as part of the Stormwater Facility, this includes but is not limited to:
a) Construction management practices that will be used to ensure the infiltration/filtration system(s) will be protected during construction and functional after completion of construction; b) Erosion control measures that will be used to delineate and protect the
infiltration/filtration system(s) during construction;
c) Proposed infiltration/filtration volumes in cubic feet and rates in inches per hour; d) Methods that will be used for field verification of infiltration/filtration for stormwater infiltration/filtration systems;
e) Methods that will be used to assure that infiltration/filtration is restored,
if needed; f) Locations for material storage establishing that materials will not be stockpiled or stored within the proposed infiltration/filtration area(s); g) Vehicular access and parking routes (must not be allowed within the
infiltration area(s)); and
h) Construction techniques that will be used to protect the infiltration/filtration capacity by limiting soil compaction the greatest extent possible, including use of erosion control fencing to delineate the infiltration/filtration area and use of low-impact earth moving equipment.
C. STORMWATER FACILITY MONITORING DURING CONSTRUCTION: The Developer must employ the licensed Professional Engineer who prepared the final grading plan or another licensed professional qualified to perform the work (to be approved in writing by the City Engineer) to complete the following:
1. Monitor the construction of Stormwater Facilities and temporary BMPs for conformance to the approved final grading plan, the Minnesota Storm Water Manual, and the SWPPP.
2. Enter all inspection, monitoring, and maintenance activities and/or reports
regarding site construction and land alteration permit requirements into the City’s web-based erosion and sediment control permit tracking program (currently PermiTrack ESC). Inspections must be conducted at least bi-weekly between April 1 and October 31 and after precipitation events exceeding 0.5
inches.
D. STORMWATER FACILITY MAINTENANCE: Stormwater Facilities must be maintained by the Developer during construction and for a minimum of two (2) full
Development Agreement – Suite Living of Eden Prairie 6
growing seasons after City confirmation of completion of the Stormwater Facilities as determined by the City Engineer. Repairs completed during this time must be
done in accordance with the land alteration permit and City Code Section 11.55,
Subd. 7. Repairs to privately owned and maintained Stormwater Facilities must be done in accordance with the Maintenance and Monitoring Plan. If the Stormwater Facilities are not functioning as designed at the end of the minimum 2-year period, the City Engineer may extend the Developer’s maintenance responsibility or
require further repairs.
Once the minimum 2-year period has been reached or the City has determined that the Stormwater Facilities conform to the design criteria established in the land alteration permit and the SWPPP, whichever is longer, the then-current owner of
the Property will be responsible for all future inspections and maintenance of the
Stormwater Facilities in accordance with City Code Section 11.55, Subd. 7. If there is a drainage easement present over the Stormwater Facility(s), the easement holder will be responsible for inspections and maintenance.
Pervious surfaces must be stabilized with seed and mulch or sod and all impervious
surfaces must be completed prior to final grading and planting of the stormwater infiltration systems. E. LAND ALTERATION PERMIT FINANCIAL SECURITY: Prior to release of
the Land Alteration Security, Developer must complete implementation of the
approved SWPPP. Any remaining Land Alteration Security must be released to the person who deposited the Land Alteration Security upon determination by the City that the requirements of City Code Section 11.55 and the conditions of the land alteration permit have been satisfactorily performed.
12. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, as shown on the Grading Plan. Developer must submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration
permit, Developer must place a construction fence on the approved construction grading
limits. Developer must notify the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer must maintain the construction limit fence until the City grants written approval to remove the fence.
13. IRRIGATION PLAN: If irrigation is installed on the Property, Developer must submit to the City Planner and receive the City Planner’s written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan must be designed so that water is not directed on or over public trails and sidewalks.
Developer must complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C.
Development Agreement – Suite Living of Eden Prairie 7
14. LANDSCAPE & TREE REPLACEMENT PLAN: Prior to issuance of a land alteration permit, the Developer must submit to the City Planner and receive the City Planner’s
written approval of an executed landscape agreement and a final landscape or tree
replacement plan for the Property. The approved landscape or tree replacement plan must be consistent with the quantity, type, and size of all plant materials shown on 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 include
replacement trees of a 2.5-inch diameter minimum size for a shade tree and a 6-foot
minimum height for conifer trees. The approved landscape or tree replacement plan must also provide that, should actual tree loss exceed that calculated herein, Developer must provide tree replacement on a caliper inch per caliper inch basis for such excess loss.
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 and with paragraph 16 of this Agreement regarding mechanical equipment screening.
15. MECHANICAL EQUIPMENT SCREENING: Developer must screen all mechanical equipment on the Property. For purposes of this paragraph, “mechanical equipment” includes gas meters, electrical conduits, water meters, and standard heating, ventilating, and air-conditioning units. Financial security to guarantee construction of such screening
is included with the Landscape Security as described in paragraph 15, in accordance with
City Code requirements. Developer must complete construction of mechanical equipment screening prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening, it is determined
by the City Planner, in his or her sole discretion, that the constructed screening does not
meet City Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner will notify Developer and Developer must take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will
not release the Landscape Security until Developer completes all such corrective measures.
16. OTHER AGENCY APPROVALS: The Developer must submit copies of all necessary approvals issued by other agencies for the project to the City Engineer. These submittals
Development Agreement – Suite Living of Eden Prairie 8
are required prior to issuance by the City of the corresponding City permit(s). The agencies issuing such approvals include, but are not necessarily limited to the following: the
Minnesota Pollution Control Agency, Metropolitan Council Environmental Services, Riley
Purgatory Bluff Creek Watershed District, the Minnesota Department of Health, the Minnesota Department of Transportation, Hennepin County. The City Planner may determine that conditions of approval required by the Riley
Purgatory Bluff Creek Watershed District require changes to the City approvals granted
with this Agreement which may entail additional City review, including public hearing(s) for recommendation by the Planning Commission and approval by the City Council. Developer consents to such additional review as determined by the City Planner and agrees to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the
additional review.
17. Intentionally omitted. 18. PUD WAIVERS GRANTED: The city hereby grants the following waivers to City Code
requirements within the RM-6.5 District through the Planned Unit Development District
Review for the Property and incorporates said waivers as part of PUD (list PUD number):
• 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. 19. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to
issuance by City of any permit for grading or building on the Property, Developer must
submit to the Chief Building Official and to obtain the Chief Building Official's written approval of plans for demolition and removal of existing septic systems and wells on the Property, and restoration of the Property.
Prior to such demolition or removal, Developer must provide to the City a deposit in the
form of a cashier’s check in the amount of $1,000.00 to guarantee that Developer completes implementation of the approved plan. The City will return to Developer the $1,000.00 deposit at such time as the Chief Building Official has verified in writing that the Developer has completed implementation of the approved plan.
20. RETAINING WALLS: Prior to issuance by the City of any permit for grading or building on the Property, Developer must obtain a building permit for retaining wall construction from the City for any retaining walls greater than four feet in height. Retaining walls must not be constructed in a drainage or utility easement area.
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 walls.
Development Agreement – Suite Living of Eden Prairie 9
Developer must 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.
21. 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 of any such sign in accordance with the requirements
of City Code, Section 11.70, Subdivision 5.
22. SITE LIGHTING: All pole lighting must consist of downcast cut-off fixtures. Pole lighting must not exceed 25 feet in height. Developer must complete implementation of the lighting plan in Exhibit B prior to issuance of any occupancy permit for the Property.
23. SUSTAINABILITY: The Developer has volunteered to provide sustainable components as provided in the Exhibit B plans and as addressed below. This section is not subject to the enforcement mechanisms of this development agreement.
A. Solar-Ready Construction and 40 kW Solar PV System Installed
B. Electric Vehicle Charging Station C. Energy Design Assistance Program from Xcel Energy D. Rain Re-Use Cistern for Irrigation
24. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the
Property, an assessment agreement with the City, in the form and substance as attached in Exhibit E, must be signed by the owner(s) of the Property for trunk sewer and water assessments on an assessable area of 1.753 acres in the amount of $16,355.49.
Connection fees in the amount of $51,017.35 are also due prior to the release of the final
plat. If Developer requests that the connection fees be specially assessed, this amount may be included in the special assessment agreement for the trunk sewer and water assessments as
described above, or may be included in a separate special assessment agreement.
The amounts above are based on the City’s 2022 fee schedule. If the final plat is not released in 2022 and the City amends the fee schedule to increase the amount of such trunk sewer and water assessments and connection fees, the amounts above shall be amended to
reflect the amounts in effect at the time of final plat release.
25. PUBLIC IMPROVEMENTS: Prior to issuance by the City of any permit for the construction of the entrance drive crossing the public right-of-way consisting of the trail,
Development Agreement – Suite Living of Eden Prairie 10
driveway approach, curb and gutter and street patch for the Property (the “Public Improvements”), Developer must submit to the City Engineer, and obtain the City
Engineer's written approval of plans for the Public Improvements. Plans must be prepared
and properly signed by a currently licensed Professional Civil Engineer (Engineer of Record) employed by the Developer. The submitted plans must be of a plan view and profile format on 24” x 36” (or 22” x 34”) plan sheets at 50 scale consistent with City standards. Prior to release of the final plat for the Property, Developer must furnish to the
City Engineer and receive the City Engineer’s written approval of financial security equal
to 125% of the cost of the Public Improvements. A fee of five percent (5%) of construction value must also be paid to City by Developer for engineering review services. The Developer’s licensed Professional Civil Engineer (Engineer of Record) must provide daily inspection of the Public Improvements, certify completion in conformance to approved
plans and specifications, and provide record drawings and testing results.
26. TRASH, RECYCLING, AND ORGANICS: Developer agrees that all trash, recycling, and organic waste bins or receptacles will at all times be located in the enclosure as depicted on the Plans.
27. TRASH ENCLOSURE: The trash enclosure must be constructed with the materials as depicted in Exhibit B to match the building, include a roof, and include gates that completely screen the interior of the enclosure. Developer must complete the trash enclosure prior to issuance of any occupancy permit for the Property.
28. UTILITY EASEMENTS: Developer agrees that prior approval of the final plat for the Property, Developer must dedicate drainage and utility easements to the City on the final plat as shown on the Plans.
29. SALT AND SNOW STORAGE: Salt storage is not allowed on the Property unless the
Property Owner and any agents, tenants, or contractors employ best management practices to minimize the discharge of polluted runoff from salt storage and: 1. The designated salt storage area is indoors;
2. The designated salt storage area is located on an impervious surface and
downgradient from any Stormwater Facilities; and 3. Practices to reduce exposure when transferring material in designated salt storage areas (sweeping, diversions, and/or containment) are implemented.
Salt applicators must possess current Smart Salting Level 1 and Level 2 Certification from
the Minnesota Pollution Control Agency. The certified individual(s) are responsible for the application of appropriate deicing material at the proper amount and rate. Snow must not be stored in any required parking, stormwater treatment areas, wetlands or
wetland buffers. If the Property does not provide adequate snow storage areas, the
Developer and/or Owner must remove the snow from the Property. 30. INCLUSIONARY HOUSING UNITS: Pursuant to the City’s Inclusionary Housing
Development Agreement – Suite Living of Eden Prairie 11
Ordinance found in City Code Chapter 13 (“IH Ordinance”), the Developer must provide at all times four (4) Inclusionary Housing (“IH”) Units in the Project that are affordable to
residents whose annual income is at 50% or less of Hennepin County AMI. Developer will
meet the IH requirement by dedicating four units in the Project to house persons that participate in the State of Minnesota’s Elderly Waiver program. Because rent under the Elderly Waiver program is inclusive of room plus board (inclusive of medical services), the City agrees to alter Developer’s IH requirement by using a 50% of AMI income limit
in conjunction with a 60% rent level, rather than the usual 50% rent level. Should the
Elderly Waiver program cease to exist or be changed such that the limits in place no longer meet the requirements of the IH Ordinance, City and Developer agree to revisit this section and negotiate a solution for bringing the project back into compliance with the IH Ordinance. Rents and incomes applicable to the IH Units and documentation relating to the
Elderly Waiver program are subject to review and approval by the City.
By February 15th of each year, the Developer or an agent of the Developer must deliver or cause to be delivered to the City’s Director of Community Development or their designee (“Community Development Director”) a written Compliance Certificate, executed by the
Developer covering the preceding twelve (12) months with accompanying evidence
reasonably satisfactory to the City that Developer is in compliance with the covenants in this Section. This evidence must include a statement of the household income of each qualifying resident, a written determination that each qualifying resident’s household income falls within the limits of the Elderly Waiver program, and certification that the
income documentation is correct and accurate.
The Developer must provide to the Community Development Director upon request all documentation supporting the Developer submissions and statements. In determining compliance with this Section, the Developer must use the County median
incomes for the current year as promulgated by the Minnesota Housing Finance
Agency based on the area median incomes established by the United States Department of Housing and Urban Development. Any Compliance Certificate submitted by the Developer will be considered approved
unless disapproved by the Community Development Director within sixty (60) days after
submission. The Community Development Director must provide written reasons if any Compliance Certificate is disapproved. The Developer will have sixty (60) days following receipt of any notice of disapproval to cure any objections the Community Development Director has made in its notice of disapproval and to submit a revised Compliance
Certificate to the Community Development Director for review and approval as provided
in this paragraph. The Developer’s failure to obtain the Community Development Director’s approval of a revised Compliance Certificate or during such sixty (60) day cure period will constitute a default by Developer under this Agreement.
The Developer may not refuse to lease any IH unit in the Project to a prospective tenant on
the basis of the prospective tenant’s receipt of, or eligibility for, housing assistance, social security, Housing Choice Vouchers, or other types of public or private assistance, and must accept a Housing Choice Voucher as a valid form of income.
Development Agreement – Suite Living of Eden Prairie 12
31. WETLAND PLAN:
Prior to release of a land alteration permit for any portion of the Property, Developer must submit to the Water Resources Coordinator and receive the Water Resources Coordinator’s approval of a “Wetland Plan” as that term is defined in City Code § 11.51, subd. 3. The approved Wetland Plan must be consistent with the materials and requirements shown on
the Plans and as required by City Code. The Wetland Plan must include the following
elements. A. Wetland Delineation and Wetland Buffer Strip Evaluation: Developer must submit to the City a Wetland Buffer Strip Evaluation Report (“Buffer Report”) and
Wetland Delineation Report in accordance with the Wetland Plan and City Code
requirements. If the Delineation or Buffer Reports identify any unacceptable vegetation or other conditions, the wetland and/or wetland buffer strip must be graded, treated, reseeded and/or replanted (“Wetland Landscaping”) by the Developer within 90 days of submission of the Buffer Report or within 90 days
after receipt of a wetland permit for wetland alteration. If the Wetland Plan is
submitted after September 30th, the Wetland Landscaping must be completed by June 30th of the following year. If Wetland Landscaping is required, the Developer must submit a signed statement by a qualified wetland consultant, as determined by the Water Resources Coordinator, stating that the wetland and/or wetland buffer
strip vegetation complies with all City requirements within 30 days of completion
of the Wetland Landscaping. B. Annual Wetland and Wetland Buffer Strip Evaluation: Developer must submit a signed contract with a qualified wetland consultant, as determined by the Water
Resources Coordinator, for preparation of an Annual Wetland and Wetland Buffer
Strip Evaluation Report (“Annual Buffer Report”) that evaluates the condition of the wetland(s) and wetland buffer strip(s) and to determine if they are in compliance with all City requirements. The Annual Buffer Report must provide both an action plan and proposed cost for correction of all problems identified within the
wetland(s) and/or wetland buffer strip(s).
The first Annual Buffer Report must be submitted no later than November 1 of the calendar year in which construction of the wetland and/or wetland buffer strip is commenced. Thereafter, this report must be submitted annually until two full
growing seasons following completion of the development have passed, at which
point a final Annual Buffer Report must be submitted. The final Annual Buffer Report must evaluate the wetland(s) and wetland buffer strip(s) to determine if the wetland(s) and/or wetland buffer strip(s) remain in compliance with all City requirements.
If any unacceptable conditions or vegetation are identified within any Annual Buffer Report, the Developer must correct the area(s) identified within 90 days of submission of the Annual Buffer Report.
Development Agreement – Suite Living of Eden Prairie 13
C. Conservation Easement: Developer must submit a Conservation Easement in the
form attached as Exhibit F, for review and written approval by the Water Resources
Coordinator, for the area(s) delineated on the Plans. After approval by the City, Developer must file the Conservation Easement with the Hennepin County Recorder and/or Registrar of Titles’ Office as appropriate immediately after the recording of the final plat and prior to recording of any document affecting the
property including but not limited to any mortgage granted by the Developer or
owners, their successors and/or assigns. Prior to the issuance of the first building permit for the Property, Developer must submit to the Water Resources Coordinator proof that the Conservation Easement
has been recorded in the Hennepin County Recorder and/or Registrar of Titles’
Office as appropriate. D. Wetland Buffer Strip Monuments: The Wetland Plan must include a plan to install all wetland buffer strip monuments for the Property prior to release of the
first building permit for any portion of the Property. The Wetland Security referred
to in paragraph E. below must include the cost for location, including surveying, and installation of the monuments. Wetland buffer strip monument locations must be shown on the final grading plan and final plat. The monument must consist of a post and a wetland buffer strip sign. The post must be a 1.12 to 2.0 pounds per
foot (1.12 pounds per foot is preferred) green steel channel post or other material
pre-approved in writing by the Water Resources Coordinator. The post must be a minimum of 2.25 inches wide and 6 feet 6 inches long (2.25” x 6.5’). The sign must have a minimum size of 3 inches by 8 inches (3” x 8”). The sign must be mounted flush with the top of the post and must include the statement “Conservation
Easement: No Mowing Allowed - Wetlands and buffers filter pollutants, reduce
flooding and provide habitat.” The signs must also include the City and Watershed District logos and website addresses. The post must be mounted to a height of four feet above grade and set at least 2.5 feet in the ground. Removal of the wetland buffer strip monuments is prohibited.
E. Wetland Security: Developer must furnish to the Water Resources Coordinator and receive the Water Resources Coordinator’s approval of a Wetland Plan performance bond, cash escrow, or letter of credit with a corporation approved by the Water Resources Coordinator or other guarantee acceptable to the Water
Resources Coordinator equal to 150% of the cost, as estimated by the Water
Resources Coordinator, of completing the Wetland Plan requirements and/or Wetland Landscaping (“Wetland Security”). The Wetland Security must cover costs associated with the Wetland Plan during development and for two full growing seasons following completion of the development.
If the Developer fails to implement the Wetland Plan in accordance with its terms, the City may draw upon the Wetland Security in whole or in part to pay the cost of implementation.
Development Agreement – Suite Living of Eden Prairie 14
32. MORTGAGEE CONSENT. For any mortgage lien recorded against the Property prior
to recording this Agreement, Developer must deliver to the City a mortgagee consent and
subordination in a form approved by the City.
Development Agreement – Suite Living of Eden Prairie 15
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE
By___________________________
Ronald A. Case Its Mayor
By____________________________
Rick Getschow Its City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ________________, 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
Development Agreement – Suite Living of Eden Prairie 16
Landco Investments of Eden Prairie, LLC
By ________________________________ Its ________________________________
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ____________, 2022__,
by _______________________________________, the , of Landco Investments of Eden Prairie, LLC, a Minnesota limited liability company, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CITY OF EDEN PRAIRIE 8080 MITCHELL ROAD EDEN PRAIRIE, MN 55344
Development Agreement – Suite Living of Eden Prairie 17
EXHIBIT A
Suite Living of Eden Prairie Development Agreement
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
Development Agreement – Suite Living of Eden Prairie 18
EXHIBIT B
Suite Living of Eden Prairie Development Agreement
Exhibit B
Building Perspective dated 3/25-2022 by Rosa Architectural Group, Inc. Title Sheet dated 3/25-2022 by Rosa Architectural Group, Inc. Floor Plan dated 3/25-2022 by Rosa Architectural Group, Inc. Building Elevations dated 3/25-2022 by Rosa Architectural Group, Inc. Building Sections dated 3/25-2022 by Rosa Architectural Group, Inc.
Proposed Color Elevations dated 3/25-2022 by Rosa Architectural Group, Inc. Title Sheet dated 3/25/2022 by CivilSite Group Site Survey dated 3/25/2022 by CivilSite Group
Preliminary Plat dated 3/25/2022 by CivilSite Group
Removals Plan dated 3/25/2022 by CivilSite Group Tree Preservation dated 3/25/2022 by CivilSite Group Existing Conditions Plan dated 3/25/2022 by CivilSite Group Site Plan dated 3/25/2022 by CivilSite Group
Grading Plan dated 3/25/2022 by CivilSite Group
Grading Plan - Overall dated 3/25/2022 by CivilSite Group Utility Plan – Sanitary and Water dated 3/25/2022 by CivilSite Group Utility Plan – Storm Sewer dated 3/25/2022 by CivilSite Group Utility Plan – Draintile Layout dated 3/25/2022 by CivilSite Group
Utility Plan – Utility Specifications dated 3/25/2022 by CivilSite Group
Civil Details dated 3/25/2022 by CivilSite Group Civil Details dated 3/25/2022 by CivilSite Group Civil Details dated 3/25/2022 by CivilSite Group Civil Details dated 3/25/2022 by CivilSite Group
Landscape Plan dated 3/25/2022 by CivilSite Group
SWPPP- Existing Conditions dated 3/25/2022 by CivilSite Group SWPPP- Proposed Conditions dated 3/25/2022 by CivilSite Group SWPPP- Details dated 3/25/2022 by CivilSite Group SWPPP- Narrative dated 3/25/2022 by CivilSite Group
SWPPP- Attachments dated 3/25/2022 by CivilSite Group
SWPPP- Attachments dated 3/25/2022 by CivilSite Group Lighting Plan dated 2/9/2022 by Luma Sales Associates
Development Agreement – Suite Living of Eden Prairie 19
EXHIBIT C
Suite Living of Eden Prairie 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.
II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District.
III. Developer shall pay cash park fees as to all of the Property required by City Code in effect
as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, shall not oppose
the City’s reconsideration and rescission of any Rezoning, Site Plan review and/or Guide
Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property
and the Owners, their successors and assigns of the Property.
VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof.
VII. Developer represents that it has marketable fee title to the Property, except: 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 title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of,
Development Agreement – Suite Living of Eden Prairie 20
placed or otherwise allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited
to, those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat., Sec.
115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store,
dispose of, place or otherwise have, in or on the Property, any Hazardous
Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous
substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or
warranties and/or resulting from or due to the release or threatened release of Hazardous
Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives.
VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11,
Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances.
IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years’ street lighting on the public streets adjacent to the Property (including installation costs, if any, as determined by electrical power provider), engineering review, and street signs.
X. Developer shall submit detailed water main, fire protection, and emergency vehicle access
plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer
contemplated in this agreement are special, unique, and of an extraordinary character, and
that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute
and prosecute an action to specifically enforce such covenant, withhold building permits
or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a
Development Agreement – Suite Living of Eden Prairie 21
waiver of any other remedy.
XII. Developer shall, prior to the commencement of any improvements, provide written notice
to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 14404 Excelsior Blvd., Minnetonka, Minnesota 55305 or CenturyLink, 14200 Wayzata Blvd. Ste F., Minnetonka, MN 55305.
XIII. Prior to building permit issuance, all fees associated with the building permit shall be paid
to the Inspections Department, including; Building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact 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.
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.
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
Development Agreement – Suite Living of Eden Prairie 22
“Security”) is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten
(10) days after receipt of written notice thereof from the City; provided however if the
nature of the cure is such that it is not possible to complete the cure within ten (10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in
writing to do so.
The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If
the obligations for which Security is required are not completed at least thirty (30) days
prior to the expiration of the Security and if the Security has not then been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to
reimburse the City for all costs and expenses, including attorneys’ fee, incurred by the City
in enforcing this Agreement. XXI. The Developer hereby grants the City, it’s agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by
the City in conjunction with this Agreement.
XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one
or more of the terms hereof, or otherwise give rise to any cause of action for any person
not a party hereto. XXIII. Except as specifically authorized by the Director of Public Works, no permit shall be issued for the Property until the Developer has recorded the final plat with Hennepin County
Recorder's Office/Registrar of Titles' Office.
XVII. Developer shall pay upon demand to the City all costs incurred by the City in conjunction with the Applications. These costs include internal City administrative, planning and, 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.
Development Agreement – Suite Living of Eden Prairie 23
EXHIBIT D
Suite Living of Eden Prairie Development Agreement
ENCROACHMENT AGREEMENT FOR PRIVATE USE OF PUBLIC
PROPERTY This Encroachment Agreement For Private Use of Public Property (hereinafter “Encroachment Agreement”) is made this ____ day of ______________, 2022, between the CITY OF EDEN PRAIRIE, Minnesota, a municipal corporation (the “City”), and Landco Investments of Eden
Prairie, LLC, a Minnesota limited liability company (the “Owner”).
RECITALS: A. The City is the owner of drainage and utility easements dedicated on the plat of Garrison
Forest Second Addition, including drainage and utility easements running five feet on each
side of the boundary line between Lots 4 and 5, Garrison Forest Second Addition (the “D&U Easement”); B. The City is also the owner of public right-of-way dedicated on the plat of Garrison Forest
Second Addition known as Clark Circle (the “Clark Circle Right-of-Way”);
C. The D&U Easement, and the Clark Circle Right-of-Way will be collectively referred to in this Agreement as the “Public Property.”
D. Owner and City have entered into that certain Development Agreement dated the day
of , 2022 (hereinafter “Development Agreement”) for the development named Suite Living of Eden Prairie to be constructed on Owner’s Property.
E. Owner desires to construct, install, and maintain a private sanitary sewer forcemain and appurtenances from Owner’s Property, through the D&U Easement and the Clark Circle
Right-of-Way, and connect the sanitary sewer forcemain to the City sewer manhole
structure located in the Clark Circle Right-of-Way (the “Private Sewer”). The location of the Private Sewer and associated infrastructure is depicted on the Plans attached hereto as Exhibit A (hereinafter the “Plans”);
F. The Private Sewer will be referred to in this Agreement as the “Improvements”; and
G. The Development Agreement requires this Encroachment Agreement for the
Improvements.
H. City is willing to permit the Improvements as depicted on the Plans, subject to the terms and conditions of this Agreement.
Development Agreement – Suite Living of Eden Prairie 24
AGREEMENT
In consideration of the foregoing and the mutual covenants herein, the parties agree as follows:
1. The recitals set forth above are incorporated herein.
2. PUBLIC PROPERTY. The Owner acknowledges that the Improvements encroach on the Public Property,
3. IMPROVEMENTS. City grants Owner the right to and Owner hereby assumes the responsibility to maintain, repair, replace and re-construct the Improvements, including but not the
Private Sewer and all necessary sanitary sewer service infrastructure on, in, under, and across the
D&U Easement and the Clark Circle Right-of-Way, all in accordance with all applicable laws and regulations (collectively referred to as “Maintenance”) in the locations identified on the Plans and subject to the terms set forth below in paragraph 4. The City retains the right to manage the Public Property as provided in state statutes and City Code. The City also retains the right to approve the
Maintenance and direct the Owner to correct any deficiencies in the Maintenance.
4. MAINTENANCE. Responsibility for Maintenance of the Improvements shall be that of the Owner. The Owner shall perform, as and when necessary, and pay the cost for, such maintenance of the Improvements as may be reasonably necessary to maintain the Improvements in good and aesthetic condition and repair. A City right-of-way permit will be required for the
construction, maintenance, repair, and re-construction of the Improvements.
5. INDEMNITY. The Owner shall indemnify, defend and hold the City and its employees, contractors, agents, representatives, elected and appointed officials, and attorneys harmless from any and all claims, damages, losses, costs and expenses, including attorneys’ fees, arising from, based on, or related to the encroachment of the Improvements on the Public Property,
including, but not limited to, any claim asserted against the City as a result of the installation,
placement, building erection, maintenance, occupation or use of the Improvements and/or failure of the Owner to maintain the Improvements in such a condition as to prevent against injury to persons or property.
6. INSURANCE. Owner shall maintain a public liability insurance policy, naming
City as an additional insured, which provides coverage for damage to the property of others or
injury or death to persons. Such coverage shall be on an occurrence basis and shall include contractual liability coverage with respect to the indemnity obligation in Paragraph 5 above. Said policy shall contain a clause which provides the insurer will not change, non-renew, or materially change the policy without first providing the City thirty (30) days prior written notice. The Owner
shall provide the City with a Certificate of Insurance for such coverage that specifically details the
conditions in Paragraphs 5 and 7 of this Agreement.
7. WAIVER OF CLAIMS. The Owner acknowledges the City’s ownership of the Public Property and knowingly and voluntarily waives and releases any and all claims against the City arising from, based on, or related to Owner’s being permitted to maintain the encroachment
of the Improvements on the Public Property as permitted by this Agreement, including but not
limited to claims of abandonment, diminution in value, takings and contractual claims arising out of this Agreement, except any claims which are the result of the sole negligence or willful
Development Agreement – Suite Living of Eden Prairie 25
misconduct of the City or its employees or agents. The Owner acknowledges being represented by legal counsel in connection with this Agreement, and that the Owner has read and understands
the terms of this Agreement.
8. CONDITION OF PUBLIC PROPERTY. The Owner acknowledges the City has made no representations or warranties regarding the condition of the Public Property or its suitability for the uses permitted by this Agreement.
9. NO VESTED RIGHTS. This Agreement shall not constitute or be construed as
creating or establishing any vested right of the Owner to the area encroached upon.
10. Owner hereby agrees to the following additional conditions:
A. The Improvements shall be located as depicted in the Plans.
B. The design of the Improvements is subject to the terms of the Development Agreement.
C. Owner must secure from City all required municipal permits prior to any
construction within the Public Property, including a right-of-way permit.
D. Drainage from Owner’s Property and all adjacent properties shall at no time be impeded or blocked due to the Improvements.
E. The Improvements and all work completed in relation thereto must be in
accordance with the City’s current standards and ordinances and other
applicable laws and/or regulations.
11. BINDING EFFECT. Except as hereinafter provided, this Agreement shall run with the land and bind and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
12. ENTIRE AGREEMENT. This Agreement contains all the terms and conditions
relating to the Improvements and replaces any oral agreements or other negotiations between the parties. No modifications of this Agreement shall be valid until they have been placed in writing and signed by all parties hereto.
13. RECORDING. The Owner shall cause this Agreement to be filed for record with
the Hennepin County Recorder/Registrar of Title (as applicable) within 30 days of its execution
by the Owner and the City. Evidence of filing shall be provided to the City within 30 days thereafter.
Development Agreement – Suite Living of Eden Prairie 26
CITY OF EDEN PRAIRIE
By: NOT TO BE SIGNED
Ronald A. Case, Mayor
By: NOT TO BE SIGNED
Rick Getschow, 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 City Manager of the City of Eden
Prairie, Minnesota, a municipal corporation on behalf of the corporation.
______________________________
NOTARY PUBLIC
Development Agreement – Suite Living of Eden Prairie 27
Landco Investments of Eden Prairie, LLC
By: NOT TO BE SIGNED Its: _________________________________
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of _______, 2022, by the of Landco Investments of Eden Prairie LLC, a Minnesota limited liability company, on behalf of the company.
______________________________ NOTARY PUBLIC
This instrument was drafted by: Gregerson, Rosow, Johnson & Nilan, Ltd. 100 Washington Avenue South, Suite 1550
Minneapolis, MN 55401
Development Agreement – Suite Living of Eden Prairie 28
EXHIBIT A TO ENCROACHMENT AGREEMENT
Plans
Development Agreement – Suite Living of Eden Prairie 29
EXHIBIT E
Suite Living of Eden Prairie Development Agreement
AGREEMENT REGARDING SPECIAL ASSESSMENTS
THIS IS AN AGREEMENT MADE THIS ____ day of ___________, 2022 between the City of Eden Prairie, a municipal corporation, (the "City") and Landco Investments of Eden Prairie, LLC a Minnesota limited liability company (the "Owner").
A. The Owner holds legal and equitable title to property described as , Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property".
B. The Owner desires to develop the property in such a manner that relies upon the City's
trunk utility system, including trunk sanitary sewers, trunk watermains, wells, elevated storage facilities and a water treatment plant (all of which is hereafter referred to as the "Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the
construction of the Improvements all of which will inure to the benefit of the Property.
AGREEMENTS IT IS HEREBY AGREED as follows:
1. The Owner consents to the levying of assessments against the Property in the amount of $ for the Improvements. 2. The City's assessment records for the Property will show the assessments as a
"pending assessment" until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied.
4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or
arising out of the imposition or levying of the assessments. 5. This Agreement shall be effective immediately.
Development Agreement – Suite Living of Eden Prairie 30
6. This Agreement may not be terminated or amended except in writing executed by
both parties hereto, provided however upon the levying of the special assessments contemplated by
Paragraph 1 hereof the City may upon request of the owner of the property affected, without the necessity of further City Council approval, unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement.
7. This Agreement constitutes a lien on the Property in the amount of
$______________ until such time as the assessments referred to above are levied.
Development Agreement – Suite Living of Eden Prairie 31
OWNER CITY OF EDEN PRAIRIE A Minnesota A Minnesota Municipal Corporation
By: NOT TO BE SIGNED By: NOT TO BE SIGNED Ronal A. Case Its Mayor
By: NOT TO BE SIGNED
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, the Mayor, and Rick Getschow, the City Manager, of the City of Eden
Prairie, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of ___________, 2022, by the , a Minnesota , on behalf of the .
Notary Public THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344
Development Agreement – Suite Living of Eden Prairie 32
EXHIBIT F
Suite Living of Eden Prairie Development Agreement
CONSERVATION EASEMENT
THIS EASEMENT AGREEMENT is made this day of , 2022 by and
between Landco Investments of Eden Prairie, LLC, a Minnesota limited liability company,
hereinafter referred to as "Grantor," and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City"; WHEREAS, Grantor is the fee owner of land located in Hennepin County, Minnesota,
more fully described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter
referred to as "the Property"; and, WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and encumbrances, except:
WHEREAS, Grantor and City wish to enter into an agreement which will grant to the City a conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and
to prohibit certain destructive acts thereon, over that portion of the Property as described in Exhibit
B, hereinafter referred to as the "Easement Area”, attached hereto; NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by the parties as follows:
1. Grantor hereby conveys to City and its successors and assigns a conservation and scenic easement in, under, on, and over the “Easement Area”, and City hereby accepts such conveyance.
2. The following terms and conditions shall apply to the Easement Area:
A. The Easement Area shall be preserved predominantly in its natural condition. No trees, shrubs or other vegetation shall be planted or removed from the Easement Area without the prior written consent of the City. The
City will consider removal of noxious weeds, as defined by Minnesota
Statutes Sections 18.76-18.88, upon submission and approval of a Vegetation Management Plan. No vegetation cutting, fertilizer application or placement of turfgrass, such as Kentucky bluegrass, shall occur within the Easement Area.
Development Agreement – Suite Living of Eden Prairie 33
B. No building, road, sign, billboard, utility, or other structures shall be placed in the Easement Area without the prior written consent of City.
C. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or within the Easement Area without the prior written consent of the City.
D. No change in the general topography of the Easement Area landscape,
including, but not limited, to excavation, dredging, movement, and removal or placement of soil, shall be allowed within the Easement Area without the prior written consent of the City.
E. Grantor may, no more than once per calendar year, remove sediment caused
by stormwater drainage into a stormwater wetland and/or stormwater pond. Any removal of sediment must be pre-approved in writing by the City and be in accordance with City and Wetland Conservation Act guidelines. Landscaping must be replaced in accordance with the requirements outlined
in this Conservation Easement.
3. With respect to the Easement Area, Grantor represents and warrants as follows: A. That Grantor has marketable title free and clear of all liens,
encumbrances and mortgages.
B. That Grantor has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Easement Area, 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 Grantor has not allowed any other person to use, employ,
deposit, store, dispose of, place or otherwise have, in or on the Easement Area, any Hazardous Substances; D. That no previous owner, operator or possessor of the easement area,
deposited, stored, disposed of, placed, or otherwise allowed in or on
the Easement Area any Hazardous Substances; Grantor agrees to indemnify, defend and hold harmless City, against any and all loss, costs, damage and expense, including reasonable attorneys fees and costs that
City incurs because of the breach of any of the above representations or warranties
and/or resulting from or due to the inaccuracy or falsity of any representation or warranty herein. 4. Grantor agrees to permanently demarcate the location of the boundaries of the
Development Agreement – Suite Living of Eden Prairie 34
wetland and wetland buffer strip as shown on Exhibit C. The monuments shall be permanent steel channel posts that are a minimum of 2.25 inches wide and 6 feet 6
inches long (2.25” x 6.5’). The sign shall be a minimum of 4 inches by 8 inches
(4” x 8”) that shall be mounted flush with the top of the post and shall include the statements “Conservation Easement: No Mowing Allowed” and “Wetlands and buffers filter pollutants, reduce flooding and provide habitat” with the City and Watershed District logos. The post shall be mounted to a height of four feet above
grade and at least 2.5 feet in the ground. Removal of the monuments is not allowed.
5. Grantor agrees to maintain the Easement Area subject to the provisions stated herein.
6. The duration of this easement is perpetual and shall bind and inure to the benefit of
the parties, their successors, and assigns. 7. Nothing contained herein shall impair any right of City now held or hereafter acquired to construct or maintain public utilities in or on the Easement Area.
8. Provisions of this Easement shall be binding upon and enforceable against the Property and the Grantor, their successors and assigns of the Property.
Development Agreement – Suite Living of Eden Prairie 35
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid.
GRANTOR CITY OF EDEN PRAIRIE
____NOT TO BE SIGNED _ By NOT TO BE SIGNED
Nancy Tyra-Lukens Its Mayor
_____NOT TO BE SIGNED __ By NOT TO BE SIGNED
Rick Getschow Its City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________,
20__, by Nancy Tyra-Lukens 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 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ________________, 20___, by , the a Minnesota ____________________, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344
Development Agreement – Suite Living of Eden Prairie 36
EXHIBIT A
“THE PROPERTY”
Legal Description Before Final Plat
Legal Description After Final Plat
Development Agreement – Suite Living of Eden Prairie 37
EXHIBIT B
“EASEMENT AREA”
Legal Description Before Final Plat
Legal Description After Final Plat
Development Agreement – Suite Living of Eden Prairie 38
EXHIBIT C
“EASEMENT AREA” DIAGRAM
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 14, 2022
DEPARTMENT/DIVISION:
Randy L. Slick
Public Works / Engineering
ITEM DESCRIPTION:
Final Plat Report of Golden Triangle TOD
ITEM NO.:
VIII.C.
Requested Action
Move to: Adopt the resolution approving the final plat of Golden Triangle TOD. This proposal is for a plat located at 6901 Flying Cloud Drive. The plat consists of 16.96 acres to be platted into 2 lots and 2 outlots. The proposed project consists of a 237-unit apartment building and a 188-unit apartment building with both having structured parking. The wetland
and buffers totaling 11.17 acres will be platted into outlots and deeded to the City to be preserved and protected as open space. Background Information
The preliminary plat was approved by the City Council on March 1, 2022. Second reading of the Rezoning Ordinance and final approval was approved by the City Council on May 3, 2022. Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of $46,750.00
• Prior to release of final plat, Developer must provide a Declaration of Cross Access, Parking and Utility Easement for approval.
• Prior to release of final plat, Developer must tender a Warranty Deed for Outlots A and B
for review and approval.
• Prior to release of final plat, Developer must provide an Encroachment Agreement for review and approval.
• Prior to the issuance of the land alteration permit, building permit for Phase I, or release
of the final plat for the Property the City Council shall have adopted a resolution vacating existing drainage and utility easements as presented in the Plans.
• Prior to release of final plat, Developer shall submit a disk in AutoCAD format in
Hennepin County coordinates containing parcel and easement data.
• Provide areas (to the nearest square foot) of all lots, outlots and right-of-way. Attachment
Resolution Drawing of final plat
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022- A RESOLUTION APPROVING FINAL PLAT OF GOLDEN TRIANGLE TOD
WHEREAS, the plat of Golden Triangle TOD has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for Golden Triangle TOD is approved upon compliance with the
recommendation of the Final Plat Report on this plat dated June 14, 2022. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on June 14, 2022.
____________________________________ Ronald A. Case, Mayor
ATTEST: SEAL
______________________________
Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 14, 2022
DEPARTMENT/DIVISION:
Randy L. Slick
Public Works / Engineering
ITEM DESCRIPTION:
Final Plat Report of Suite Living of Eden Prairie
ITEM NO.:
VIII.D.
Requested Action
Move to: Adopt the resolution approving the final plat of Suite Living of Eden Prairie. This proposal is for a plat located at 9360 Hennepin Town Road. The plat consists of 2.85 acres to be platted into 1 lot and 2 outlots. The proposed project consists of a one-story 32 unit assisted living and memory care facility. The wetlands and buffers will be platted into the two
outlots and deeded to the City. Background Information The preliminary plat was approved by the City Council on May 17, 2022. Second reading of the
Rezoning Ordinance and final approval will be approved by the City Council on June 14, 2022. Approval of the final plat is subject to the following conditions:
• Receipt of engineering fee in the amount of $3,250.00
• Prior to release of final plat, Developer shall execute a Special Assessment Agreement for trunk sewer and water assessments on an assessable area of 1.753 acres in the amount of $16,355.49.
• Prior to release of final plat, Developer must tender a Warranty Deed for Outlots A and B
for review and approval.
• Prior to release of final plat, Developer shall execute an Encroachment Agreement for private sanitary sewer forcemain and appurtenances.
• Prior to release of final plat, Developer shall pay connection fees in the amount of
$51,017.35.
• Satisfaction of bonding requirements for the installation of public improvements.
• Developer shall submit a permit fee of five percent of the construction value of the public
improvements prior to the release of the final plat.
• Prior to release of final plat, Developer shall submit a disk in AutoCAD format in Hennepin County coordinates containing parcel and easement data.
• Provide areas (to the nearest square foot) of all lots, outlots and right-of-way.
Attachment Resolution Drawing of final plat
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022- A RESOLUTION APPROVING FINAL PLAT OF SUITE LIVING OF EDEN PRAIRIE
WHEREAS, the plat of Suite Living of Eden Prairie has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for Suite Living of Eden Prairie is approved upon compliance
with the recommendation of the Final Plat Report on this plat dated June 14, 2022. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on June 14, 2022.
____________________________________ Ronald A. Case, Mayor
ATTEST: SEAL
______________________________
Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 14, 2022
DEPARTMENT/DIVISION:
Rick Getschow, City Manager
ITEM DESCRIPTION:
Resolution approving participation in the
Performance Measurement Program established by the Council on Local Results and Innovation
ITEM NO.:
VIII.E.
Requested Action Move to: Adopt the resolution approving participation in the performance measurement program
established by the Council on Local Results and Innovation. Synopsis The City of Eden Prairie has already implemented the required 10 measures with the majority of
them coming from the Quality of Life Survey. This resolution is a formality to adopt the measures and approve using results we already have for a state program in order to receive financial benefit. Background
In February 2012, the Council on Local Results and Innovation created a voluntary performance measurement program. Requirements of the program include officially adopting and implementing the ten minimum performance measures, reporting the results to the residents through at least one of the following means: publication, direct mailing, posting on the entity's
website, or through a public hearing at which the budget and levy will be discussed and public input allowed, and submission of the resolution and results to the Office of the State Auditor. Benefits to the City of Eden Prairie for participation include a reimbursement of $0.14 per capita annually and exemption from levy limits for taxes, if levy limits are in effect. The intention is to
use the funds to support participation in the ICMA Insights performance management and analytics program. This will help staff to advance our current goals and results performance measures increasing transparency. Attachments
Resolution Performance Measurement Report Submittal List of Standard Measures for Cities
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-__ RESOLUTION APPROVING PARTICIPATION IN THE PERFORMANCE MEASUREMENT PROGRAM ESTABLISHED BY THE COUNCIL ON LOCAL
RESULTS AND INNOVATION
WHEREAS, the Council on Local Results and Innovation established by the Minnesota Legislature has implemented a voluntary performance measurement and reporting program; and
WHEREAS, benefits to the City of Eden Prairie for participation include a reimbursement of $0.14 per capita annually and exemption from levy limits for taxes, if levy limits are in effect; and
WHEREAS, the Council on Local Innovations and Results has established a standard set of
measures for cities to adopt and report; and WHEREAS, the City has adopted and implemented at least 10 of the measures in order to satisfy the program’s requirements.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the City of Eden Prairie will report any updates of the performance measures to its citizenry by the end of the year through publication, direct mailing, posting on the city’s/county’s website, or through a public hearing at which the budget and levy will be discussed and public input allowed.
BE IT FURTHER RESOLVED, the City Council of Eden Prairie will submit to the Office of the State Auditor the actual results of the performance measures adopted by the City. ADOPTED by the Eden Prairie City Council on the 14th day of June, 2022.
_________________________ Ronald A. Case, Mayor
ATTEST: __________________________
Nicole Tingley, City Clerk
Performance Measurement Program Report
City of Eden Prairie
6/14/2022
General
Measure Result Notes
Rating of the overall quality of
Eden Prairie services
Excellent- 39%
Good- 50%
Fair- 7%
Poor- 1%
Don’t Know- 4%
2020 Quality of Life Survey-
1334 Reponses
Citizens’ rating of the overall
appearance of the city
Excellent- 52%
Good- 41%
Fair- 6%
Poor- 1%
Don’t Know- 0%
2020 Quality of Life Survey-
1358 Responses
Bond Rating Aaa
AAA
Moody’s Investors Service
Standard & Poor’s Rating
Services
Citizens’ rating of the quality of city
recreational programs and facilities
Recreation services (programs
and classes)
Excellent- 43%
Good- 36%
Fair- 7%
Poor- 1%
Don’t Know- 13%
Recreation centers or facilities
Excellent- 46%
Good- 36%
Fair- 7%
Poor- 1%
Don’t Know- 10%
2020 Quality of Life Survey-
Recreation services
1343 responses
2020 Quality of Life Survey-
Recreation centers or
facilities
1347 responses
Police Services
Measure Result Notes
Citizens’ rating of safety in
community (Overall feeling of
safety in Eden Prairie)
Excellent- 49%
Good- 43%
Fair- 7%
Poor- 1%
Don’t Know- 0%
2020 Quality of Life Survey-
1365 responses
Fire & EMS Services
Measure Result Notes
Citizens’ rating of the quality of
fire protection services
Excellent- 50%
Good- 27%
Fair- 2%
Poor- 0%
Don’t Know- 21%
2020 Quality of Life Survey-
1356 responses
Streets
Measure Result Notes
Citizens’ rating of the quality of
city streets as a whole
Excellent- 29%
Good- 58%
Fair- 12%
Poor- 1%
Don’t Know- 0%
2020 Quality of Life Survey-
1351 responses
Citizens’ rating of the quality of
snow removal on city streets
Excellent- 45%
Good- 38%
Fair- 12%
Poor- 4%
Don’t Know- 1%
2020 Quality of Life Survey-
1353 responses
Water
Measure Result Notes
Citizens’ rating of the quality of
the city’s drinking water
Excellent- 42%
Good- 40%
Fair- 11%
Poor- 4%
Don’t Know- 3%
2020 Quality of Life Survey-
1348 responses
Sanitary Sewer
Measure Result Notes
Citizens’ rating of the quality of
water and sewer services
Excellent- 34%
Good- 45%
Fair- 7%
Poor- 1%
Don’t Know- 12%
2020 Quality of Life Survey-
1340 responses
General Police Services Fire& EMS Services Streets Water Sanitary Sewer Standard Measures for Cities 1. Rating of the overall quality of services provided by your city (survey data, provide 'Example of responses: excellent, good, fair, poor year completed and total responses) 2. 3. 4.* S.* 6.* 7. Percent change in the taxable property market value Citizens' rating of the overall appearance of the city (survey data, provide year completed and total responses) Nuisance code enforcement cases per 1,000 population Number of library visits per 1,000 population Bond rating Citizens' rating of the quality of city recreational programs and facilities (survey data, provide year completed and total responses) 8. * I Accuracy of post election audit(% of ballots counted accurately) 9. I Part I and II Crime Rates 10. • I Part I and II Crime Clearance Rates County assessor's office data Example of responses: excellent, good, fair, poor (Number of cases I Population) x 1,000 =cases per 1,000 population (Number of visits/ Population) x 1,000 =visits per 1,000 population Standard & Poor's Ratings Services or Moody's Investor Services Example of responses: excellent, good, fair, poor Submit data as reported by the Minnesota Bureau of Criminal Apprehension Submit data as reported bv the Minnesota Bureau of Criminal Apprehension 11. Citizens' rating of safety in their community (survey data, provide year completed I Example of responses: very safe, somewhat safe, neither safe nor unsafe, somewhat and total responses) unsafe, very unsafe 12. Averal!e police response time !Average time it takes to respond to top pri_()rity calls fr()m dispatch to officer on scene. 13. I Insurance industry rating of fire services Insurance Service Office (ISO) Rating. The ISO issues ratings to fire departments throughout the country for the effectiveness of their fire protection services and equipment. ISO analyzes data and then assigns a classification from 1to10. Class 1 represents superior property fire protection and Class 10 indicates that the area's fire suppression program does not meet ISO's minimum criteria. 14. Citizens' rating of the quality of fire protection services (survey data, provide year 'Example of responses: excellent, good, fair, poor completed and total responses) 15. !Average fire response time 16.* I Fire calls per 1,000 population 17. * I Number of fires with loss resulting in investigation 18.* IEMScallsperl,OOOpopulation 19. I Emergency Medical Services average response time 20. !Average city street pavement condition rating Average time it takes from dispatch to apparatus on scene for calls that are dispatched as a possible fire (Number of calls I population) x 1,000 =calls per 1,000 population (Number of calls I population) x 1,000 =calls per 1,000 population Average time it take~ from dispatch to arrival of EMS Provide average rating and the rating system program/type. Example, 70rating on the Pavement Condition Index (PCI). 21. Citizens' rating of the road conditions in their city (survey data, provide year I Example of responses: excellent, good, fair, poor. Alternatively: good condition, mostly completed and total responses) good condition, many bad spots 22.* 23.* 24.* 25. 26. Expenditures for road rehabilitation per paved lane mile rehabilitated (jurisdiction !Total cost for rehabilitations/ lane miles rehabilitated onlvroads) Percentage of all jurisdiction lane miles rehabilitated in the year jLane miles rehabilita_ted in year I total number of lane miles Average hours to complete r<>_ad system during snow event Citizens' rating of the quality of snowplowing on city streets (survey data, provide 'Example of responses: excellent, good, fair, poor Citizens' rating of the dependability and quality of the city water supply (survey data, provide y~r completecl_and total responses) Example of responses: excellent, good, fair, poor 27. I Operating cost per 1,000,000gallons of water pumped/produced Centrally provided system: (actual operating expense for water utility I (total gallons pumped/ 1,000,000)) =cost per million 28. Citizens' rating of the depend,ability and quality of city sanitary sewer service (Provide year completed and total responses) 29'. !Number of sewer blockages C>n city syst;fi!'per 100 connection~ Example of responses: excellent, good, fair, poor Centrally provided system: (Number of blockages I number of connections) x 100 = blockages per 100 connections'. *New or amended measure
Requested Action Move to: Declare obsolete equipment as surplus and authorize the City Manager to dispose of property to manage end of life computers, monitors and electronics using Minnesota Computer’s services and the State of Minnesota as authorized under City Code Section 2.86, Subd. 3.
Synopsis: The City has a surplus of obsolete computer equipment. The equipment in the attached list is of no use and will be recycled. PC’s for People, based in St. Paul MN, will pick up computer
equipment for recycling and disposal. Based on items in this list, we do not anticipate any charges for removal. For disposal of certain types of equipment, the city may be charged a nominal fee. All equipment will be disposed of as authorized by City Code Section 2.86, Subd. 3.
Attachment List of surplus equipment.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 14, 2022
DEPARTMENT/DIVISION:
Aditi Salunke, IT Manager
ITEM DESCRIPTION:
Declare obsolete computer equipment as
surplus.
ITEM NO.:
VIII.F.
Asset Type Manufacturer Model Serial Number
Tablet Apple iPad DMPN6ZE8F4YD
Tablet Apple iPad DMPSJFXGHG6R
Cell Phone Apple iPhone F17T9E7XHG6W
Line Tester Fluke 635A Quickbert-T1 9729008
Laptop HP EliteBook 840 G1 5CG450553C
KVM ADDER CCS-PRO8 1808A0164601
Laptop Dell Latitiude D620 800T9C1
Laptop Dell Latitiude D620 9SRZ9C1
Power Supply Antec TP-750 TP090620035632
Graphics Card Nvidia Quadro FX 1800 P744HB032449000M4
Response Card Turning RCRF-01 X60
Laptop Dock HP A7E32UT#ABA CNU351XCJG
Laptop Dock HP A7E32UT#ABA CNU421Z8ZM
Graphics Card ASUS GT710 H7C0YZ323477
Phone Polycom SoundStation 160408000069
Pocket PC Motorola N410 9222521401492
Monitor Samsung MC19PS Z2QKHCLBB02931R
Desktop HP Z4 1JP11AV MXL9134RHX
Desktop HP EliteDesk 800 G3 SFF 2UA74825SV
Desktop HP EliteDesk 800 G3 SFF 2UA73125F4
Desktop HP EliteDesk 800 G4 SFF MXL9141WSS
Scanner Mustek SE A3 USB 1200 PRO B82946D00085
Printer Canon Pro 9000 Mark II
Tablet Apple iPad DMPTPE9RHLJK
Laptop HP ProBook 650 G1 5CG4433QWT
Desktop HP EliteDesk 800 G3 SFF MXL8411SLB
Desktop HP EliteDesk 800 G3 SFF 2UA8162FBM
Desktop HP EliteDesk 800 G3 SFF 2UA8061PT8
Desktop HP EliteDesk 800 G3 SFF 2UA7485T0
Desktop HP EliteDesk 800 G3 SFF 2UA73125FL
Monitor Samsung S22C450D Z6KDHCKF704322T
Phone Mitel 5312IP 1TKFW13511KZ
Tablet Apple iPad DMPQQJ22G5WQ
Desktop HP EliteDesk 800 G3 SFF 2UA8061PTC
Desktop HP EliteDesk 800 G3 SFF 2UA74825SX
Desktop HP EliteDesk 800 G3 SFF 2UA8061PTD
Desktop HP EliteDesk 800 G3 SFF 2UA73125FD
Desktop HP EliteDesk 800 G3 SFF 2UA8061PT4
Printer Datacard PX10
Desktop HP EliteDesk 800 G3 SFF 2UA8061PT7
Desktop HP EliteDesk 800 G3 SFF 2UA7221F03
AV Controller Crestron TPMC-8X 2657205
Router Linksys WRT54GL 6002-84140221R
DVD Player Sony SLV-D380P 851520
Tuner TOA DT-930 07L4002229
Amplifier TOA A-712 14D87 06247
Media Swticher Extron MLS 304MA
Equalizer Crestron C2N-VE4Q
Mixer U.S. Audio Whrilwind
Multiprocessor Rane RPM
UPS CyberPower 425VA CTXJN2000783
UPS APC BR1500G 4B1343P26079
Monitor Dell 1908FPt CN-0FP182-71618-7CR-R513
Monitor Dell 1908FPc CN-0UW042-64180-7BN-3X0U
Monitor Dell 1907FPt CN-0DC323-71618-6AB-AHJP
Monitor Dell 1908FPc CN-0UW042-64180-83L-0V7S
Desktop HP EliteDesk 800 G3 SFF 2UA8061PTK
Desktop HP EliteDesk 800 G3 SFF 2UA816FBD
Desktop HP EliteDesk 800 G3 SFF 2UA8061PT6
Tablet Apple iPad F4KMD6V7FLMJ
Tablet Apple iPad DMPS74ACG5WQ
Desktop HP EliteDesk 800 G3 SFF MXL83224GM
Desktop HP EliteDesk 800 G3 SFF MXL83224GN
Desktop HP EliteDesk 800 G3 SFF 2UA8121K05
Desktop HP EliteDesk 800 G3 SFF 2UA8121K0B
Desktop HP EliteDesk 800 G3 SFF 2UA74825T6
Desktop HP EliteDesk 800 G3 SFF 2UA8121K04
Laptop HP ProBook 640 G2 5CG6303416
Monitor ViewSonic VA2251m-LED T1W152001146
Monitor Samsung S19B420BWV/GO Z6MXHCLD502009H
Monitor Dell 1908FPc CN-0UW042-64180-82C-0Y5L
Projector Sony VPL-CX100 2002344
UPS APC BR1500G 4B1442P41869
Monitor ViewSonic VG2236wm-LED S53112502150
TV VIZIO M261VP LAUKJBAL3803282
Server HP ProLiant ML330 G6 USE129CNVF
Server HP ProLiant ML330 G6 USE129CVNH
Monitor Dell 1707FPt CN-0CC280-71618-68K-CE6Y
Monitor Samsung 943BT-2 Z2QKHCJCB00547J
Laptop HP EliteBook 840 G1 5CG4505561
Desktop HP EliteDesk 800 G3 SFF 2UA81214K03
Desktop HP EliteDesk 800 G3 SFF 2UA8061PTB
Desktop HP EliteDesk 800 G3 SFF 2UA73125F9
Desktop HP EliteDesk 800 G3 SFF MXL8411SL9
Monitor ViewSonic VG2239m-LED T71170961646
Monitor ViewSonic VG2239m-LED T71170961657
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 14, 2022
DEPARTMENT:
Aditi Salunke, IT Manager
ITEM DESCRIPTION:
Implement Cohesity backup solution
ITEM NO.:
VIII.G.
Requested Action
Move to approve quote and authorize purchase and implementation of Cohesity backup solution from Xigent with 5 years of support for $157,605.21 Synopsis
The IT team evaluated and compared CommVault, Veeam and Cohesity backup solutions. Advantages of Cohesity include higher performance during recovery operations and better integration capabilities, lower complexity, rich security, stand-alone hardware and excellent efficiency. Additional capabilities include file system management drives, and better tools for
Data requests.
We will also implement offsite air-gapped immutable backup with Xigent’s hybrid services environment. This will be a tertiary backup solution.
Cohesity hardware and software is quoted under State contract 147097. We will use standard
support hours (prepaid annually to Xigent) for this implementation in the amount of $6,200 for Professional services. This is a CIP approved project.
Attachment
Xigent agreement for Cohesity implementation.
Contract for Goods and Services
This Contract (“Contract”) is made on the 6th day of June, 2022, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Xigent Solutions, LLC, a Minnesota company (hereinafter "Xigent") whose business address is 1650 West End Blvd., Suite 100, Minneapolis, MN 55416.
.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of Xigent to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations
providing such goods and/or services enter into written agreements with the City. The purpose of
this Contract is to set forth the terms and conditions for the provision of goods and/or services by Xigent for Purchase and Implementation of new Servers hereinafter referred to as the "Work". The City and Xigent agree as follows:
1. Scope of Work. Xigent agrees to provide, perform and complete all the provisions of the Work in accordance with attached (Exhibit A - City of Eden Prairie – Cohesity (Cisco) #14337 V2) and (Exhibit B - City of Eden Prairie - Cohesity Implementation #14919 v1). Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A or Exhibit B are declined in full and, accordingly, are deleted
and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by Xigent Solutions, LLC.
3. Compensation for Services. City agrees to pay Xigent a fixed sum as noted in the Xigent quote as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A and Exhibit B. 4. Method of Payment. Xigent shall prepare and submit to City, on a monthly basis, itemized
invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Staffing. Xigent has designated Heidi Oliver to perform the Work. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with
the terms established herein. Xigent may not remove or replace the designated staff without the approval of the City. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES] 6. Standard of Care. Xigent shall exercise the same degree of care, skill and diligence in the
performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota.
Standard Purchasing Contract 2017 06 01 Page 2 of 6
7. Insurance. a. General Liability. Xigent shall maintain a general liability insurance policy with limits
of at least $1,000,000.00 for each person, and each occurrence, for both personal injury
and property damage. Xigent shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Xigent shall secure and maintain such insurance as will protect Xigent from claims under the Worker's Compensation Acts and from claims for
bodily injury, death, or property damage, which may arise from the performance of
Xigent’s services under this Contract. c. Comprehensive Automobile Liability. Xigent shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.)
8. Indemnification. Xigent 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 Xigent, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed
or taken by Xigent, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Xigent harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Limitations of Liability. IN NO EVENT WILL XIGENT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH THIS AGREEMENT, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, DELAY IN COMPLETION OR DELIVERY OF THE SERVICES, LOST PROFITS OR GOODWILL. NOTWITHSTANDING ANYTHING TO THE CONTRARY,
XIGENT’S MAXIMUM LIABILITY TO CLIENT ARISING FROM OR IN RELATION TO THIS AGREEMENT, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE INSURANCE REQUIRED BY THIS AGREEMENT. THE PARTIES AGREE THAT THE DISCLAIMERS, REMEDIES AND LIMITATIONS IN THIS AGREEMENT ARE REASONABLE IN LIGHT OF THE
NATURE OF THE SERVICES, PRICING, AND RELATIONSHIP BETWEEN THE PARTIES AND CONSTITUTE A NEGOTIATED AND AGREED UPON ALLOCATION OF RISK. 10. Warranty. Xigent 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.
11. Limited Warranties and Representations.
Standard Purchasing Contract 2017 06 01 Page 3 of 6
a. By Xigent. Xigent warrants and represents that it will provide the Equipment and perform the Services in a manner consistent with the terms of this Agreement.
b. By City. City warrants and represents that it has the full right, power, authority or permission to arrange for and authorize the performance of the Services and to agree to its obligations with respect to the Equipment consistent with the terms of this Agreement.
c. No Other Warranties. OTHER THAN THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS AGREEMENT, THE PARTIES MAKE NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THIS AGREEMENT, ANY SOW, THE EQUIPMENT, OR THE SERVICES. ALL OTHER WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR THAT PARTICULAR RESULTS WILL BE OBTAINED ARE
EXPRESSLY WAIVED AND DISCLAIMED.
d. Remedy for Breach of Performance of Services. City shall notify Xigent in writing within thirty (30) days of City knowing or reasonably believing that the Services performed are nonconforming or defective otherwise such claim is waived. City shall take all reasonable action to mitigate damages and provide Xigent a reasonable opportunity to cure any
nonconformance or defects in Services. Any other claims by City that related to the Services must be delivered in writing to Xigent within one (1) year from the date such Services were completed or such claim is waived.
12. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of Xigent, Xigent shall be paid for services rendered until the
effective date of termination.
13. Independent Contractor. At all times and for all purposes herein, Xigent is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find Xigent an employee of the City.
14. Subcontract or Assignment. Xigent shall not subcontract any part of the services to be provided under this Contract; nor may Xigent assign this Contract, or any interest arising herein, without the prior written consent of the City.
15. Services Not Provided For. No claim for services furnished by Xigent not specifically
provided for in Exhibit A shall be honored by the City.
Standard Purchasing Contract 2017 06 01 Page 4 of 6
GENERAL TERMS AND CONDITIONS
14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, Xigent shall
abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to
be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract.
16. Conflicts. No salaried officer or employee of the City and no member of the Council of the
City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original.
18. Damages. In the event of a breach of this Contract by the City, Xigent shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Xigent agrees not to hire any employee or former employee of City and City
agrees not to hire any employee or former employee of Xigent prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. Xigent shall reimburse the City for all costs and expenses, including without
limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in
furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter
hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota.
23. Non-Discrimination. During the performance of this Contract, Xigent shall not discriminate against any employee or applicants for employment because of race, color, creed, religion,
Standard Purchasing Contract 2017 06 01 Page 5 of 6
national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. Xigent 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. Xigent 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. Xigent further agrees to comply with all
aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of
the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an
officer of the party, or if mailed in a sealed wrapper by United States registered or certified
mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business
day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights
and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by Xigent not specifically provided for herein shall be honored by the City.
27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract.
28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of Xigent 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 Xigent 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 Xigent 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
Standard Purchasing Contract 2017 06 01 Page 6 of 6
Xigent shall comply with those requirements as if it were a government entity. All subcontracts entered into by Xigent in relation to this Contract shall contain similar Data
Practices Act compliance language.
29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract.
Executed as of the day and year first written above. CITY OF EDEN PRAIRIE
__________________________________ Mayor ___________________________________
City Manager XIGENT
By: ________________________________ Its: _______________________________
Contract Number - State Contract 147097Exhibit A - City of Eden Prairie - Cohesity
(Cisco)
Quote # 014337
Version 2
Expiration Date: 07/06/2022
Prepared for:
City of Eden Prairie
Aditi Salunke
asalunke@edenprairie.org
1650 West End Blvd
Suite 100
Minneapolis, MN 55416
www.xigentsolutions.com
800-298-9543
Hardware/Maintenance
Manufacturer Part
Number
Product Description Qty List Each % Off
List
Price Each Ext. Price
Cisco Hardware
UCSC-C220-M5L UCS C220 M5 LFF w/o CPU, mem, HD, PCIe,
PSU
4 $4,805.09 53.85
%
$2,217.74 $8,870.96
CON-SSSNP-
CC220M5L
5 Years Cisco Solution Support - Extended
service agreement - replacement - 24x7 -
response time: 4 h - for P/N: UCSC-C220-
M5L, UCSC-C220-M5L=, UCSC-C220-M5L-RF,
UCSC-C220-M5L-WS
4 $6,537.10 25.00
%
$4,902.82 $19,611.28
UCS-MR-X32G2RT-H 32GB DDR4-2933-MHz RDIMM/2Rx4/1.2v 8 $3,351.02 80.65
%
$648.42 $5,187.36
UCS-HD4T7KL12N 4 TB 12G SAS 7.2K RPM LFF HDD 12 $1,890.14 80.77
%
$363.49 $4,361.88
UCS-NVMEHY-
W1600
1.6TB 3.5in U.2 WD SN840 NVMe Extreme
Perf. High Endurance
4 $8,321.60 53.85
%
$3,840.74 $15,362.96
UCSC-MLOM-C25Q-
04
Cisco UCS VIC 1457 Quad Port 10/25G SFP28
CNA MLOM
4 $2,659.13 53.85
%
$1,227.29 $4,909.16
UCS-M2-HWRAID Cisco Boot optimized M.2 Raid controller 4 $352.50 53.85
%
$162.69 $650.76
UCS-M2-240GB 240GB SATA M.2 8 $801.49 80.77
%
$154.14 $1,233.12
UCSC-PSU1-1050W Cisco UCS 1050W AC Power Supply for Rack
Server
8 $808.73 53.85
%
$373.26 $2,986.08
UCSC-RAILB-M4 Ball Bearing Rail Kit for C220 & C240 M4 &
M5 rack servers
4 $260.23 53.85
%
$120.10 $480.40
CIMC-LATEST IMC SW (Recommended) latest release for C-
Series Servers.
4 $0.00 0.00
%
$0.00 $0.00
UCS-SID-INFR-UNK Unknown 4 $0.00 0.00
%
$0.00 $0.00
UCS-SID-WKL-UNK Unknown 4 $0.00 0.00
%
$0.00 $0.00
CBL-NVME-C220FF C220 M5L/M5S PCIe SSD cable -1 for SFF &
LFF chassis
4 $0.00 0.00
%
$0.00 $0.00
UCSC-HS-C220M5 Heat sink for UCS C220 M5 rack servers 150W
CPUs & below
8 $0.00 0.00
%
$0.00 $0.00
UCS-CPU-I4210 Intel 4210 2.2GHz/85W 10C/13.75MB DDR4
2400MHz
8 $2,070.05 53.85
%
$955.41 $7,643.28
Quote #014337 v2 Page: 2 of 4
1650 West End Blvd
Suite 100
Minneapolis, MN 55416
www.xigentsolutions.com
800-298-9543
UCSC-MRAID1GB-
KIT
SAS RAID KIT for C220M5L 4 $2,657.94 53.85
%
$1,226.74 $4,906.96
CAB-C13-C14-2M Power Cord Jumper, C13-C14 Connectors, 2
Meter Length
8 $0.00 0.00
%
$0.00 $0.00
SFP-H10GB-CU3M=10GBASE-CU SFP+ Cable 3 Meter 8 $130.06 51.28
%
$63.37 $506.96
Cisco Hardware Subtotal $76,711.16
Cohesity Software Subscription
Initial Term - 60 Months | Auto Renewal Term - 0 Months | Billing Model - Prepaid Term | Requested Start Date - 6-June-
2022 | Requested End Date - 5-June-2025
COHESITY-SUB-LIC SolutionsPlus: Cohesity Subscription Software
Licenses - 36 Months
1 $0.00 0.00
%
$0.00 $0.00
SVC-DATAPROTECT Cohesity DataProtect Service Subscription (1
TB) - 60 Months
29 $4,184.40 33.34
%
$2,789.45 $80,894.05
Cohesity Software Subscription Subtotal $80,894.05
Subtotal:$157,605.21
Quote #014337 v2 Page: 3 of 4
1650 West End Blvd
Suite 100
Minneapolis, MN 55416
www.xigentsolutions.com
800-298-9543
Exhibit A - City of Eden Prairie - Cohesity (Cisco)
Prepared by:Prepared for:Quote Information:
Xigent Solutions, LLC City of Eden Prairie Quote #: 014337
Andrew Schmelzle
651-495-5787
andrew.schmelzle@xigentsolutions.com
8080 Mitchell Road
Eden Prairie, MN 55344-4485
Aditi Salunke
(952) 949-8520
asalunke@edenprairie.org
Version: 2
Delivery Date: 06/07/2022
Expiration Date: 07/06/2022
Quote Summary
Description Amount
Hardware/Maintenance $157,605.21
Total:$157,605.21
City of Eden Prairie
Signature:
Name:Aditi Salunke
Date:
Quote #014337 v2 Page: 4 of 4
Contract Number - Exhibit B - Cohesity Implementation
Contract # 014919
Version 1
Expiration Date: 07/06/2022
Prepared for:
City of Eden Prairie
Aditi Salunke
asalunke@edenprairie.org
1650 West End Blvd
Suite 100
Minneapolis, MN 55416
www.xigentsolutions.com
800-298-9543
Professional Services Statement of Work
Confidentiality Statement
This document may contain confidential information. Each party agrees to utilize reasonable efforts to
preserve confidentiality. Either party may disclose information contained in this document to internal
employees as necessary. Each party further agrees that the terms and conditions of the Mutual
Confidentiality and Nondisclosure Agreement signed between apply to and are hereby incorporated into
this SOW by reference.
Master Services Agreement
This Statement of Work (“SOW”) sets forth the terms and conditions under which City of Eden
Prairie (“Client”) has engaged Xigent Solutions, LLC (“Xigent”) to provide the services described below in
this SOW (collectively the “Services”) in support of Client’s desired business outcomes. This SOW is issued
under and is subject to the terms and conditions set forth in the Master Services Agreement executed
between Xigent and Client (“Agreement”). In the event of a conflict between the terms of this SOW and the
Agreement, the terms of the Agreement will supersede this SOW unless this SOW references the specific
section number which is to be superseded solely for the purposes of this SOW. Capitalized terms used in
this SOW shall have the meanings ascribed to them in the Agreement. Xigent, through its employees or
other agents, shall provide to Client the Services described below.
Project Summary & Scope
Project Summary
This project encompasses the implementation of a new Cohesity backup and recovery solution for the
Client. It will replace the existing Commvault environment and handle backup and recovery capabilities for
the virtual environment, physical servers, and file sharing environment hosted on the NetApp infrastructure.
Project Scope
Xigent will provide configuration, installation, integration, training, and documentation Services to
include the following:
o Pre-implementation technical planning
o Physical racking and cabling of Cisco C220 servers (4) designated for use with Cohesity
cluster
o Firmware upgrade/downgrade of Cisco C220 servers (4) in accordance with Cohesity platform
requirements
o Configuration of Cisco Intersight for hardware monitoring/alerting and firmware management
o Cohesity cluster base-implementation, network configuration, cluster core management
services configuration, storage domain configuration, and initial testing/validation.
o Provide guidance of service account creation for VMware source registration, as well as
NetApp integration configuration
o Assist with creation of up to two backup policies
o Assist with creation of up to two protection groups
This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality.
Contract #014919 v1 Page: 2 of 6
1650 West End Blvd
Suite 100
Minneapolis, MN 55416
www.xigentsolutions.com
800-298-9543
o Knowledge transfer for data protection configuration, protection policy creation, source
registration, archive registration (if needed), host agent configuration, protection jobs
creation/modification.
o Helios configuration and knowledge transfer
o Demonstrate restoration methodology for file-level recovery and full VM recovery
o Assist with first software update
Client Success/Project Management
The Xigent Client Success Manager (CSM) will provide the following Services:
Act as the main point of contact to the Client.
Manage and allocate resources based on mutually agreeable timelines.
Facilitate and lead a kickoff and review meeting with Client and Xigent resources that play a role in
the execution of Services.
Engage with Client and Xigent resources to confirm and document successful implementation of
defined Services.
Work with Client IT Management to drive improved IT outcomes in support of business objectives
and ensure cohesiveness and effectiveness of Xigent provided Services to Client.
Xigent Responsibilities
Complete the work and provide the deliverables defined within this SOW.
Provide qualified, and where specifically required, certified professional(s) to perform the work and
serve as a ‘trusted advisor’ to Client.
Communicate with Client in a timely manner.
Keep Client informed of project status, including scope, timeline, and costs.
Identify and seek timely resolution to issues in order to maintain the schedule and timelines.
Xigent is not responsible or liable for lost data.
Client Responsibilities
Perform backups of all systems affected by Services performed in this SOW.
Provide all hardware and/or software and licensing required outside of the Services provided,
including ensuring that all wiring, hardware, and software required to perform the Services are in
working order.
Provide at least one (1) technical contact with system administration responsibilities and appropriate
levels of access privileges to systems and information.
Respond to Xigent requests that Client resources work on issues and tasks not directly stated in this
SOW but have a direct impact on the successful completion of tasks related to the Services
provided.
Client will complete configuration of backup policies and protection groups
Client will be responsible for ongoing management of Cohesity cluster hardware, software, and
configuration
This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality.
Contract #014919 v1 Page: 3 of 6
1650 West End Blvd
Suite 100
Minneapolis, MN 55416
www.xigentsolutions.com
800-298-9543
Service Requests
Service Requests (SR) are utilized when Client requests any changes to the scope of Services described in
this SOW or changes are otherwise necessary due to a change in assumptions or additional changes are
desired. Client may propose a SR directly to the Xigent CSM. The CSM will complete the SR, outlining the
Services that will be rendered along with any changes in estimated costs and time required for completion.
Upon signature by Client and Xigent indicating mutual written approval of the SR, the CSM will schedule
the resources necessary to implement the requested change in Services. If the SR is not signed by both
parties, no further action will be taken by Xigent.
Out of Scope
Xigent is responsible to perform only the Services described in this SOW unless mutually agreed upon and
defined in a SR as described above.
Schedule, Timeline, and Location
Service delivery will be scheduled following execution of Xigent’s Agreement and this SOW. Scheduled
dates for meetings and deliverables will be mutually agreed upon by Client and Xigent. All scheduled work
will be conducted during normal business hours (Monday through Friday, between 8 AM and 5 PM CST),
unless otherwise agreed upon by Client and Xigent.
The Services described in this SOW will be performed remotely and at the following Client locations:
City Hall, Eden Prairie
Assumptions
Xigent has made certain assumptions while specifying the Services detailed in this SOW. By executing this
SOW, Client understands and agrees to the assumptions outlined below:
Documentation is limited to what is outlined in the Project Summary and Scope section of this
document. Any additional documentation will be considered a change in scope and, as such, will
require a SR.
Client resources will be available per the agreed upon schedule.
Any Client documentation provided is accurate and approved.
Professional Service Fees
Services Qty Price Ext. Price
Project Management 4 $200.00 $800.00
Professional Services 24 $225.00 $5,400.00
This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality.
Contract #014919 v1 Page: 4 of 6
1650 West End Blvd
Suite 100
Minneapolis, MN 55416
www.xigentsolutions.com
800-298-9543
Terms & Conditions
Fees & Invoicing
The Services outlined in this SOW will be provided on a time and materials basis. The total estimated effort
and fees are listed in the table referenced above and summarized below. These are estimates only and
include time for preparation, delivery, documentation, and project management.
Xigent will bill client monthly and at project completion for all Services performed. Client shall remit
payment for invoices within (30) days in accordance with the Agreement.
Cancellation and Termination
In the absence of a breach by Xigent of Xigent’s obligations, if Client cancels the Services or if Xigent
terminates due to breach by Client, Xigent is authorized to invoice, and Client shall pay Xigent fees for
Services performed through the date of cancellation.
SOW Acceptance
This SOW and the Agreement constitute the agreement between Xigent and Client regarding its subject
matter, and supersede all prior oral or written proposals, agreements, representations and other
communications between the parties with respect to the Services and shall prevail notwithstanding any
different, conflicting or additional terms and conditions which may appear on any order or other document
submitted by Client.
IN WITNESS WHEREOF, the parties have caused this SOW to be signed on the respective dates indicated
below.
The parties hereby acknowledge they have read and understand this SOW, the Agreement, and all
attachments hereto, and agree to all terms and conditions stated herein.
This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality.
Contract #014919 v1 Page: 5 of 6
1650 West End Blvd
Suite 100
Minneapolis, MN 55416
www.xigentsolutions.com
800-298-9543
Prepared for:Quote Information:
City of Eden Prairie Quote #: 014919
8080 Mitchell Road
Eden Prairie, MN 55344-4485
Aditi Salunke
(952) 949-8520
asalunke@edenprairie.org
Version: 1
Delivery Date: 06/06/2022
Expiration Date: 07/06/2022
One-Time Fees
Description Amount
Professional Service Fees $6,200.00
Total:$6,200.00
Xigent Solutions, LLC City of Eden Prairie
Signature:
Name:Heidi Oliver
Title:Client Success Manager
Date:06/06/2022
Signature:
Name:Aditi Salunke
Date:
PO Number:
This document contains confidential information. Each party agrees to utilize reasonable efforts to preserve confidentiality.
Contract #014919 v1 Page: 6 of 6
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
June 14, 2022
DEPARTMENT / DIVISION
Administration Rick Clark, Facilities
ITEM DESCRIPTION
Cummins Phipps Grill House Roof Replacement
ITEM NO.
VIII.H.
Requested Action
Move to: Award Contract for Cummins Phipps Grill House Roof Replacement to Equity Builders Synopsis Staff invited several bidders and received three bids with Equity Builders being the lowest bid.
Equity Builders $98,000 M. Magnuson Const. $129,005 Norse Valley Const. $157,000 Background Plans and specifications were prepared by MacDonald & Mack Architecture and an ad for bids was
placed in Eden Prairie News. Todd Grover from MacDonald & Mack Architecture and Rick Clark
provided property inspections to the several contractors in order for them to prepare their bids.
MacDonald & Mack has used Equity Builders for similar historical restoration projects and confirmed
their bid was accurate and complete. Funding for this project comes from an awarded Grant from the
Minnesota Historical Society and a partial match from the City and the Eden Prairie Historical Society.
Attachment Standard City Construction Contract with Equity Builders
2018 08 01
Construction Contract
This Contract (“Contract”) is made on the 14th day of June, 2022, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Equity Builders & Construction Services, Inc., a Minnesota Corporation (hereinafter "Contractor") whose business address is 12204 S Rover Trail Rosemount, MN
55068. .
Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this
Contract is to set forth the terms and conditions for the provision of services by Contractor for Cummins Phipps Grill House Reroofing 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 November 1, 2022.
3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $98,000 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.
Standard Construction Contract 2018 08 01 Page 13 of 14
CITY OF EDEN PRAIRIE
__________________________________ Mayor ___________________________________
City Manager
CONTRACTOR
By: ________________________________ Its: ________________________________
Standard Construction Contract 2018 08 01 Page 14 of 14
EXHBIIT A
Cummins Phipps Grill House Roof Replacement, in accordance with the Plans and
Specifications contained in the Architectural drawings Cummins Phipps Grill House Roof Replacement dated April 28, 2022, prepared by MacDonald & Mack Architects LTD, which Project Manual is incorporated herein as if fully set forth.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 14, 2022
DEPARTMENT/DIVISION:
Rodney W. Rue
Public Works / Engineering
ITEM DESCRIPTION:
Approve Master Partnership Contract with MnDOT
ITEM NO.:
VIII.I.
Requested Action
Move to: Adopt resolution approving Master Partnership Contract No. 1050151 with MnDOT. Synopsis This contract provides for an expedited process when either MnDOT or the City of Eden Prairie
request services to be provided by the other agency. The services provided without a “work order” include routine technical services such as general training, material testing and inspection, traffic signs, concrete and bituminous plant inspections, traffic signal and lighting maintenance, bridge ratings and inspections, traffic counting, guardrail repair and maintenance, and bridge inspection and maintenance. More complex services will require a negotiated “work order” to
provide a detailed scope of work and the associated costs. Any services requested or provided during the five (5) year term of this contract will be by mutual agreement by both parties. There is no cost associated with this contract. Future “work orders” are authorized through this contract to be executed by the Director of Public Works or City Engineer. Any future “work
orders” over $20,000 will be approved by the City Council. Attachments Resolution
Master Partnership Contract
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-
APPROVE MASTER PARTNERSHIP CONTRACT WITH MnDOT WHEREAS, the Minnesota Department of Transportation (MnDOT) wishes to cooperate
closely with local units of government to coordinate the delivery of transportation services and
maximize the efficient delivery of such services at all levels of government; and WHEREAS, MnDOT and local governments are authorized by Minnesota State Statutes Sections 471.59, 174.02, and 161.20 to undertake collaborative efforts for the design,
construction, maintenance and operation of state and local roads; and
WHEREAS, the parties wish to be able to respond quickly and efficiently to such opportunities for collaboration, and have determined that having the ability to write “work orders” against a master contract would provide the greatest speed and flexibility in responding to identified
needs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie that said Master Partnership Contract No. 1050151 is hereby approved and the Mayor and City Manager are authorized to execute the contract on behalf of the City of Eden Prairie.
BE IT FURTHER RESOLVED that the Director of Public Works or the City Engineer is hereby authorized to negotiate and execute work order contracts pursuant to the Master Contract, which may provide for payment to or from MnDOT without further City Council approval. Pursuant to city policy, any work order over $20,000 will be approved by the City Council.
ADOPTED by the Eden Prairie City Council on June 14, 2022.
Ronald A. Case, Mayor ATTEST: SEAL
Nicole Tingley, City Clerk
MnDOT Contract Number: 1050151
Master Partnership Contract Template 1
Updated 02/09/2022
STATE OF MINNESOTA
MASTER PARTNERSHIP CONTRACT
This master contract is between the State of Minnesota, acting through its Commissioner of Transportation in this
contract referred to as the “State” and the Eden Prairie City, acting through its City Council, in this contract referred to
as the “Other Party.”
Recitals
1. The parties are authorized to enter into this contract pursuant to Minnesota Statutes, §§15.061, 471.59 and 174.02.
2. Minn. Stat. § 161.20, subd. 2, authorizes the Commissioner of Transportation to make arrangements with and
cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk
highway system.
3. Each party to this contract is a “road authority” as defined by Minn. Stat. §160.02, subd. 25.
4. Minn. Stat. § 161.39, subd. 1, authorizes a road authority to perform work for another road authority. Such work
may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans for
the construction or reconstruction of roadways, and performing roadway maintenance.
5. Minn. Stat. §174.02, subd. 6, authorizes the Commissioner of Transportation to enter into contracts with other
governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other
means of providing transportation‐related services; or for other cooperative programs that promote efficiencies in
providing governmental services, or that further development of innovation in transportation for the benefit of the
citizens of Minnesota.
6. Each party wishes to occasionally purchase services from the other party, which the parties agree will enhance the
efficiency of delivering governmental services at all levels. This Master Partnership Contract (MPC) provides a
framework for the efficient handling of such requests. This MPC contains terms generally governing the relationship
between the parties. When specific services are requested, the parties will (unless otherwise specified) enter into a
“Work Order” contracts.
7. After the execution of this MPC, the parties may (but are not required to) enter into “Work Order” contracts. These
Work Orders will specify the work to be done, timelines for completion, and compensation to be paid for the specific
work.
8. The parties are entering into this MPC to establish terms that will govern all of the Work Orders subsequently issued
under the authority of this Contract.
Contract
1. Term of Master Partnership Contract; Use of Work Order Contracts; Survival of Terms
1.1. Effective Date: This contract will be effective on July 1st, 2022, or upon the date last signed by all State
officials as required under Minn. Stat. § 16C.05, subd. 2, whichever occurs last. The Other Party must not
begin work under this Contract until ALL required signatures have been obtained and the Other Party has
been notified in writing to begin such work by the State’s Authorized Representative.
1.2. Expiration Date. This Contract will expire on June 30, 2027.
1.3. Exhibits. Exhibit A is attached and incorporated into this agreement.
1.4. Work Order Contracts. A work order contract must be negotiated and executed (by both the State and the
Other Party) for each particular engagement, except for Technical Services provided by the State to the
Other Party as specified in Article 2. The work order contract must specify the detailed scope of work and
deliverables for that project. A party must not begin work under a work order until the work order is fully
MnDOT Contract Number: 1050151
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executed. The terms of this MPC will apply to all work orders contracts issued, unless specifically varied in
the work order. The Other Party understands that this MPC is not a guarantee of any payments or work
order assignments, and that payments will only be issued for work actually performed under fully‐executed
work orders.
1.5. Survival of Terms. The following clauses survive the expiration or cancellation of this master contract and all
work order contracts: 12. Liability; 13. State Audits; 14. Government Data Practices and Intellectual
Property; 17. Publicity; 18. Governing Law, Jurisdiction, and Venue; and 22. Data Disclosure. All terms of this
MPC will survive with respect to any work order contract issued prior to the expiration date of the MPC.
1.6. Sample Work Order. A sample work order contract is available upon request from the State.
1.7. Definition of “Providing Party” and “Requesting Party”. For the purpose of assigning certain duties and
obligations in the MPC to work order contracts, the following definitions will apply throughout the MPC.
“Requesting Party” is defined as the party requesting the other party to perform work under a work order
contract. “Providing Party” is defined as the party performing the scope of work under a work order
contract.
2. Technical Services
2.1. Technical Services include repetitive low‐cost services routinely performed by the State for the Other Party.
If requested and authorized by the Other Party, these services may be performed by the State for the Other
Party without the execution of a work order, as these services are provided in accordance with standardized
practices and processes and do not require a detailed scope of work. Exhibit A – Table of Technical Services
is attached.
2.1.1. Every other service not falling under the services listed in Exhibit A will require a work order contract
(If you have questions regarding whether a service is covered under 2.1.1, please contact Contract
Management).
2.2. The Other Party may request the State to perform Technical Services in an informal manner, such as by the
use of email, a purchase order, or by delivering materials to a State lab and requesting testing. A request
may be made via telephone, but will not be considered accepted unless acknowledged in writing by the
State.
2.3. The State will promptly inform the Other Party if the State will be unable to perform the requested Technical
Services. Otherwise, the State will perform the Technical Services in accordance with the State’s normal
processes and practices, including scheduling practices taking into account the availability of State staff and
equipment.
2.4. Payment Basis. Unless otherwise agreed to by the parties prior to performance of the services, the State will
charge the Other Party the State’s then‐current rate for performing the Technical Services. The then‐current
rate may include the State’s normal and customary additives. The State will invoice the Other Party upon
completion of the services, or at regular intervals not more than once monthly as agreed upon by the
parties. The invoice will provide a summary of the Technical Services provided by the State during the
invoice period.
3. Services Requiring a Work Order Contract
3.1. Work Order Contracts: A party may request the other party to perform any of the following services under
individual work order contracts.
3.2. Professional and Technical Services. A party may provide professional and technical services upon the
request of the other party. As defined by Minn. Stat. §16C.08, subd. 1, professional/technical services
“means services that are intellectual in character, including consultation, analysis, evaluation, prediction,
planning, programming, or recommendation; and result in the production of a report or completion of a
task.” Professional and technical services do not include providing supplies or materials except as incidental
to performing such services. Professional and technical services include (by way of example and without
limitation) cultural resources, engineering services, surveying, foundation recommendations and reports,
environmental documentation, right‐of‐way assistance (such as performing appraisals or providing
MnDOT Contract Number: 1050151
3
relocation assistance, but excluding the exercise of the power of eminent domain), geometric layouts, final
construction plans, graphic presentations, public relations, and facilitating open houses. A party will
normally provide such services with its own personnel; however, a party’s professional/technical services
may also include hiring and managing outside consultants to perform work provided that a party itself
provides active project management for the use of such outside consultants.
3.3. Roadway Maintenance. A party may provide roadway maintenance upon the request of the other party.
Roadway maintenance does not include roadway reconstruction. This work may include but is not limited to
snow removal, ditch spraying, roadside mowing, bituminous mill and overlay (only small projects), seal coat,
bridge hits, major retaining wall failures, major drainage failures, and message painting. All services must be
performed by an employee with sufficient skills, training, expertise or certification to perform such work,
and work must be supervised by a qualified employee of the party performing the work.
3.4. Construction Administration. A party may administer roadway construction projects upon the request of
the other party. Roadway construction includes (by way of example and without limitation) the
construction, reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle pathway,
lighting and signal systems, pavement mill and overlays, seal coating, guardrail installation, and
channelization. These services may be performed by the Providing Party’s own forces, or the Providing Party
may administer outside contracts for such work. Construction administration may include letting and
awarding construction contracts for such work (including state projects to be completed in conjunction with
local projects). All contract administration services must be performed by an employee with sufficient skills,
training, expertise or certification to perform such work.
3.5. Emergency Services. A party may provide aid upon request of the other party in the event of a man‐made
disaster, natural disaster or other act of God. Emergency services includes all those services as the parties
mutually agree are necessary to plan for, prepare for, deal with, and recover from emergency situations.
These services include, without limitation, planning, engineering, construction, maintenance, and removal
and disposal services related to things such as road closures, traffic control, debris removal, flood protection
and mitigation, sign repair, sandbag activities and general cleanup. Work will be performed by an employee
with sufficient skills, training, expertise or certification to perform such work, and work must be supervised
by a qualified employee of the party performing the work. If it is not feasible to have an executed work
order prior to performance of the work, the parties will promptly confer to determine whether work may be
commenced without a fully‐executed work order in place. If work commences without a fully‐executed work
order, the parties will follow up with execution of a work order as soon as feasible.
3.6. When a need is identified, the State and the Other Party will discuss the proposed work and the resources
needed to perform the work. If a party desires to perform such work, the parties will negotiate the specific
and detailed work tasks and cost. The State will then prepare a work order contract. Generally, a work order
contract will be limited to one specific project/engagement, although “on call” work orders may be prepared
for certain types of services, especially for “Technical Services” items as identified section 2.1.. The work
order will also identify specific deliverables required, and timeframes for completing work. A work order
must be fully executed by the parties prior to work being commenced. The Other Party will not be paid for
work performed prior to execution of a work order contract and authorization by the State.
4. Responsibilities of the Providing Party
4.1. Terms Applicable to ALL Work Order Contracts. The terms in this section 4.1 will apply to ALL work order
contracts.
4.1.1. Each work order will identify an Authorized Representative for each party. Each party’s authorized
representative is responsible for administering the work order, and has the authority to make any
decisions regarding the work, and to give and receive any notices required or permitted under this
MPC or the work order.
4.1.2. The Providing Party will furnish and assign a publicly employed licensed engineer (Project Engineer),
to be in responsible charge of the project(s) and to supervise and direct the work to be performed
under each work order contract. For services not requiring an engineer, the Providing Party will
MnDOT Contract Number: 1050151
4
furnish and assign another responsible employee to be in charge of the project. The services of the
Providing Party under a work order contract may not be otherwise assigned, sublet, or transferred
unless approved in writing by the Requesting Party’s authorized representative. This written consent
will in no way relieve the Providing Party from its primary responsibility for the work.
4.1.3. If the Other Party is the Providing Party, the Project Engineer may request in writing specific
engineering and/or technical services from the State, pursuant to Minn. Stat. Section 161.39. The
work order Contract will require the Other Party to deposit payment in advance. The costs and
expenses will include the current State additives and overhead rates, subject to adjustment based
on actual direct costs that have been verified by audit.
4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin work
on a project. Any and all effort, expenses, or actions taken by the Providing Party before the work
order contract is fully executed are considered unauthorized and undertaken at the risk of non‐
payment.
4.1.5. In connection with the performance of this contract and any work orders issued, the Providing
Agency will comply with all applicable Federal and State laws and regulations. When the Providing
Party is authorized or permitted to award contracts in connection with any work order, the
Providing Party will require and cause its contractors and subcontractors to comply with all Federal
and State laws and regulations.
4.2. Additional Terms for Roadway Maintenance. The terms of section 4.1 and this section 4.2 will apply to all
work orders for Roadway Maintenance.
4.2.1. Unless otherwise provided for by contract or work order, the Providing Party must obtain all permits
and sanctions that may be required for the proper and lawful performance of the work.
4.2.2. The Providing Party must perform maintenance in accordance with MnDOT maintenance manuals,
policies and operations.
4.2.3. The Providing Party must use State‐approved materials, including (by way of example and without
limitation), sign posts, sign sheeting, and de‐icing and anti‐icing chemicals.
4.3. Additional Terms for Construction Administration. The terms of section 4.1 and this section 4.3 will apply to
all work order contracts for construction administration.
4.3.1. Contract(s) must be awarded to the lowest responsible bidder or best value proposer in accordance
with state law.
4.3.2. Contractor(s) must be required to post payment and performance bonds in an amount equal to the
contract amount. The Providing Party will take all necessary action to make claims against such
bonds in the event of any default by the contractor.
4.3.3. Contractor(s) must be required to perform work in accordance with the latest edition of the
Minnesota Department of Transportation Standard Specifications for Construction.
4.3.4. For work performed on State right‐of‐way, contractor(s) must be required to indemnify and hold the
State harmless against any loss incurred with respect to the performance of the contracted work,
and must be required to provide evidence of insurance coverage commensurate with project risk.
4.3.5. Contractor(s) must pay prevailing wages pursuant to applicable state and federal law.
4.3.6. Contractor(s) must comply with all applicable Federal, and State laws, ordinances and regulations,
including but not limited to applicable human rights/anti‐discrimination laws and laws concerning
the participation of Disadvantaged Business Enterprises in federally‐assisted contracts.
4.3.7. Unless otherwise agreed in a work order contract, each party will be responsible for providing rights
of way, easement, and construction permits for its portion of the improvements. Each party will,
upon the other’s request, furnish copies of right of way certificates, easements, and construction
permits.
MnDOT Contract Number: 1050151
5
4.3.8. The Providing Party may approve minor changes to the Requesting Party’s portion of the project
work if such changes do not increase the Requesting Party’s cost obligation under the applicable
work order contract.
4.3.9. The Providing Party will not approve any contractor claims for additional compensation without the
Requesting Party’s written approval, and the execution of a proper amendment to the applicable
work order contract when necessary. The Other Party will tender the processing and defense of any
such claims to the State upon the State’s request.
4.3.10. The Other Party must coordinate all trunk highway work affecting any utilities with the State’s
Utilities Office.
4.3.11. The Providing Party must coordinate all necessary detours with the Requesting Party.
4.3.12. If the Other Party is the Providing Party, and there is work performed on the trunk highway right‐of‐
way, the following will apply:
a. The Other Party will have a permit to perform the work on the trunk highway. The State may
revoke this permit if the work is not being performed in a safe, proper and skillful manner, or if
the contractor is violating the terms of any law, regulation, or permit applicable to the work. The
State will have no liability to the Other Party, or its contractor, if work is suspended or stopped
due to any such condition or concern.
b. The Other Party will require its contractor to conduct all traffic control in accordance with the
Minnesota Manual on Uniform Traffic Control Devices.
c. The Other Party will require its contractor to comply with the terms of all permits issued for the
project including, but not limited to, National Pollutant Discharge Elimination System (NPDES)
and other environmental permits.
d. All improvements constructed on the State’s right‐of‐way will become the property of the State.
5. Responsibilities of the Requesting Party
5.1. After authorizing the Providing Party to begin work, the Requesting Party will furnish any data or material in
its possession relating to the project that may be of use to the Providing Party in performing the work.
5.2. All such data furnished to the Providing Party will remain the property of the Requesting Party and will be
promptly returned upon the Requesting Party’s request or upon the expiration or termination of this
contract (subject to data retention requirements of the Minnesota Government Data Practices Act and other
applicable law).
5.3. The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party finds
any such data to be incorrect or incomplete, the Providing Party will bring the facts to the attention of the
Requesting Party before proceeding with the part of the project affected. The Providing Party will
investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly determine a
method for furnishing corrected data. Delay in furnishing data will not be considered justification for an
adjustment in compensation.
5.4. The State will provide to the Other Party copies of any Trunk Highway fund clauses to be included in the bid
solicitation and will provide any required Trunk Highway fund provisions to be included in the Proposal for
Highway Construction, that are different from those required for State Aid construction.
5.5. The Requesting Party will perform final reviews and inspections of its portion of the project work. If the
work is found to have been completed in accordance with the work order contract, the Requesting Party will
promptly release any remaining funds due the Providing Party for the Project(s).
5.6. The work order contracts may include additional responsibilities to be completed by the Requesting Party.
6. Time
6.1. In the performance of project work under a work order contract, time is of the essence.
7. Consideration and Payment
MnDOT Contract Number: 1050151
6
7.1. Consideration. The Requesting Party will pay the Providing Party as specified in the work order. The State’s
normal and customary additives will apply to work performed by the State, unless otherwise specified in the
work order. The State’s normal and customary additives will not apply if the parties agree to a “lump sum”
or “unit rate” payment.
7.2. State’s Maximum Obligation. The total compensation to be paid by the State to the Other Party under all
work order contracts issued pursuant to this MPC will not exceed $500,000.00.
7.3. Travel Expenses. It is anticipated that all travel expenses will be included in the base cost of the Providing
Party’s services, and unless otherwise specifically set forth in an applicable work order contract, the
Providing Party will not be separately reimbursed for travel and subsistence expenses incurred by the
Providing Party in performing any work order contract. In those cases where the State agrees to reimburse
travel expenses, such expenses will be reimbursed in the same manner and in no greater amount than
provided in the current "MnDOT Travel Regulations” a copy of which is on file with and available from the
MnDOT District Office. The Other Party will not be reimbursed for travel and subsistence expenses incurred
outside of Minnesota unless it has received the State’s prior written approval for such travel.
7.4. Payment
7.4.1. Generally. The Requesting Party will pay the Providing Party as specified in the applicable work
order, and will make prompt payment in accordance with Minnesota law.
7.4.2. Payment by the Other Party.
a. The Other Party will make payment to the order of the Commissioner of Transportation.
b. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE “MNDOT CONTRACT NUMBER” SHOWN ON
THE FACE PAGE OF THIS CONTRACT AND THE “INVOICE NUMBER” ON THE INVOICE RECEIVED
FROM MNDOT.
c. Remit payment to the address below:
MnDOT
Attn: Cash Accounting
RE: MnDOT Contract Number 1050151W[XX] and Invoice Number: 00000[#####]
(see note above)
Mail Stop 215
395 John Ireland Blvd
St. Paul, MN 55155
7.4.3. Payment by the State.
a. Generally. The State will promptly pay the Other Party after the Other Party presents an itemized
invoice for the services actually performed and the State's Authorized Representative accepts the
invoiced services. Invoices must be submitted as specified in the applicable work order, but no
more frequently than monthly.
b. Retainage for Professional and Technical Services. For work orders for professional and technical
services, as required by Minn. Stat. § 16C.08, subd. 2(10), no more than 90 percent of the
amount due under any work order contract may be paid until the final product of the work order
contract has been reviewed by the State’s authorized representative. The balance due will be
paid when the State’s authorized representative determines that the Other Party has
satisfactorily fulfilled all the terms of the work order contract.
8. Conditions of Payment
8.1. All work performed by the Providing Party under a work order contract must be performed to the
Requesting Party’s satisfaction, as determined at the sole and reasonable discretion of the Requesting
Party’s Authorized Representative and in accordance with all applicable federal and state laws, rules, and
MnDOT Contract Number: 1050151
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regulations. The Providing Party will not receive payment for work found by the Requesting Party to be
unsatisfactory or performed in violation of federal or state law.
9. State’s Authorized Representative and Project Manager
9.1. The State's Authorized Representative for this master contract is the District State Aid Engineer, who has the
responsibility to monitor the State’s performance.
9.2. The State’s Project Manager will be identified in each work order contract.
10. Other Party’s Authorized Representative and Project Manager
10.1. The Other Party’s Authorized Representative for administering this master contract is the Other Party’s
Engineer, and the Engineer has the responsibility to monitor the Other Party’s performance. The Other
Party’s Authorized Representative is also authorized to execute work order contracts on behalf of the Other
Party without approval of each proposed work order contract by its governing body.
10.2. The Other Party’s Project Manager will be identified in each work order contract.
11. Assignment, Amendments, Waiver, and Contract Complete
11.1. Assignment. Neither party may assign or transfer any rights or obligations under this MPC or any work order
contract without the prior consent of the other and a fully executed Assignment Contract, executed and
approved by the same parties who executed and approved this MPC, or their successors in office.
11.2. Amendments. Any amendment to this master contract or any work order contract 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 contract, or their successors in office.
11.3. Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that
failure does not waive the provision or the party’s right to subsequently enforce it.
11.4. Contract Complete. This master contract and any work order contract contain all negotiations and contracts
between the State and the Other Party. No other understanding regarding this master contract or any work
order contract issued hereunder, whether written or oral may be used to bind either party.
12. Liability
12.1. Each party will be responsible for its own acts and omissions to the extent provided by law. The Other
Party’s liability is governed by Minn. Stat. chapter 466 and other applicable law. The State’s liability is
governed by Minn. Stat. section 3.736 and other applicable law. This clause will not be construed to bar any
legal remedies a party may have for the other party’s failure to fulfill its obligations under this master
contract or any work order contract. Neither party agrees to assume any environmental liability on behalf of
the other party. A Providing Party under any work order is acting only as a “Contractor” to the Requesting
Party, as the term “Contractor” is defined in Minn. Stat. §115B.03 (subd. 10), and is entitled to the
protections afforded to a “Contractor” by the Minnesota Environmental Response and Liability Act. The
parties specifically intend that Minn. Stat. §471.59 subd. 1a will apply to any work undertaken under this
MPC and any work order issued hereunder.
13. State Audits
13.1. Under Minn. Stat. § 16C.05, subd. 5, the party’s books, records, documents, and accounting procedures and
practices relevant to any work order contract are subject to examination by the parties and by the State
Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this MPC.
14. Government Data Practices and Intellectual Property
14.1. Government Data Practices. The Other Party 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 MPC and any work
order contract, and as it applies to all data created, collected, received, stored, used, maintained, or
disseminated by the Other Party under this MPC and any work order contract. The civil remedies of Minn.
Stat. § 13.08 apply to the release of the data referred to in this clause by either the Other Party or the State.
14.2. Intellectual Property Rights
MnDOT Contract Number: 1050151
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14.2.1. Intellectual Property Rights. The Requesting Party will own 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 work order contracts. Works means
all inventions, improvements, discoveries (whether or not patentable), databases, computer
programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications,
materials, tapes, and disks conceived, reduced to practice, created or originated by the Providing
Party, its employees, agents, and subcontractors, either individually or jointly with others in the
performance of this master contract or any work order contract. Works includes “Documents.”
Documents are the originals of any databases, computer programs, reports, notes, studies,
photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials,
whether in tangible or electronic forms, prepared by the Providing Party, its employees, agents, or
contractors, in the performance of a work order contract. The Documents will be the exclusive
property of the Requesting Party and all such Documents must be immediately returned to the
Requesting Party by the Providing Party upon completion or cancellation of the work order contract.
To the extent possible, those Works eligible for copyright protection under the United States
Copyright Act will be deemed to be “works made for hire.” The Providing Party Government assigns
all right, title, and interest it may have in the Works and the Documents to the Requesting Party. The
Providing Party must, at the request of the Requesting Party, execute all papers and perform all
other acts necessary to transfer or record the Requesting Party’s ownership interest in the Works
and Documents. Notwithstanding the foregoing, the Requesting Party grants the Providing Party an
irrevocable and royalty‐free license to use such intellectual property for its own non‐commercial
purposes, including dissemination to political subdivisions of the state of Minnesota and to
transportation‐related agencies such as the American Association of State Highway and
Transportation Officials.
14.2.2. Obligations with Respect to Intellectual Property.
a. Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is
made or conceived for the first time or actually or constructively reduced to practice by the
Providing Party, including its employees and subcontractors, in the performance of the work
order contract, the Providing Party will immediately give the Requesting Party’s Authorized
Representative written notice thereof, and must promptly furnish the Authorized Representative
with complete information and/or disclosure thereon.
b. Representation. The Providing Party must perform all acts, and take all steps necessary to ensure
that all intellectual property rights in the Works and Documents are the sole property of the
Requesting Party, and that neither Providing Party nor its employees, agents or contractors retain
any interest in and to the Works and Documents.
15. Affirmative Action
15.1. The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant
to Minn. Stat. §363A.36. Pursuant to that Statute, the Other Party is encouraged to prepare and implement
an affirmative action plan for the employment of minority persons, women, and the qualified disabled, and
submit such plan to the Commissioner of the Minnesota Department of Human Rights. In addition, when the
Other Party lets a contract for the performance of work under a work order issued pursuant to this MPC, it
must include the following in the bid or proposal solicitation and any contracts awarded as a result thereof:
15.2. Covered Contracts and Contractors. If the Contract exceeds $100,000 and the Contractor employed more
than 40 full‐time employees on a single working day during the previous 12 months in Minnesota or in the
state where it has its principle place of business, then the Contractor must comply with the requirements of
Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400‐5000.3600. A Contractor covered by Minn. Stat. §
363A.36 because it employed more than 40 full‐time employees in another state and does not have a
certificate of compliance, must certify that it is in compliance with federal affirmative action requirements.
MnDOT Contract Number: 1050151
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15.3. Minn. Stat. § 363A.36. Minn. Stat. § 363A.36 requires the Contractor to have an affirmative action plan for
the employment of minority persons, women, and qualified disabled individuals approved by the Minnesota
Commissioner of Human Rights (“Commissioner”) as indicated by a certificate of compliance. The law
addresses suspension or revocation of a certificate of compliance and contract consequences in that event.
A contract awarded without a certificate of compliance may be voided.
15.4. Minn. R. Parts 5000.3400‐5000.3600.
15.4.1. General. Minn. R. Parts 5000.3400‐5000.3600 implement Minn. Stat. § 363A.36. These rules include,
but are not limited to, criteria for contents, approval, and implementation of affirmative action
plans; procedures for issuing certificates of compliance and criteria for determining a contractor’s
compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual
compliance reports; procedures for compliance review; and contract consequences for non‐
compliance. The specific criteria for approval or rejection of an affirmative action plan are contained
in various provisions of Minn. R. Parts 5000.3400‐5000.3600 including, but not limited to, parts
5000.3420‐5000.3500 and 5000.3552‐5000.3559.
15.4.2. Disabled Workers. The Contractor must comply with the following affirmative action requirements
for disabled workers:
a. The Contractor must not discriminate against any employee or applicant for employment
because of physical or mental disability in regard to any position for which the employee or
applicant for employment is qualified. The Contractor agrees to take affirmative action to
employ, advance in employment, and otherwise treat qualified disabled persons without
discrimination based upon their physical or mental disability in all employment practices such as
the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or
termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship.
b. The Contractor agrees to comply with the rules and relevant orders of the Minnesota
Department of Human Rights issued pursuant to the Minnesota Human Rights Act.
c. In the event of the Contractor's noncompliance with the requirements of this clause, actions for
noncompliance may be taken in accordance with Minn. Stat. Section 363A.36, and the rules and
relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota
Human Rights Act.
d. The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices in a form to be prescribed by the commissioner of the Minnesota
Department of Human Rights. Such notices must state the Contractor's obligation under the law
to take affirmative action to employ and advance in employment qualified disabled employees
and applicants for employment, and the rights of applicants and employees.
e. The Contractor must notify each labor union or representative of workers with which it has a
collective bargaining agreement or other contract understanding, that the Contractor is bound by
the terms of Minn. Stat. Section 363A.36, of the Minnesota Human Rights Act and is committed
to take affirmative action to employ and advance in employment physically and mentally
disabled persons.
15.4.3. Consequences. The consequences for the Contractor’s failure to implement its affirmative action
plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of
a certificate of compliance by the Commissioner, refusal by the Commissioner to approve
subsequent plans, and termination of all or part of this contract by the Commissioner or the State.
15.4.4. Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn.
Stat. § 363A.36 and Minn. R. Parts 5000.3400‐5000.3600 and is aware of the consequences for
noncompliance.
16. Workers’ Compensation
MnDOT Contract Number: 1050151
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16.1. Each party will be responsible for its own employees for any workers compensation claims. This MPC, and
any work order contracts issued hereunder, are not intended to constitute an interchange of government
employees under Minn. Stat. §15.53. To the extent that this MPC, or any work order issued hereunder, is
determined to be subject to Minn. Stat. §15.53, such statute will control to the extent of any conflict
between the contract and the statute.
17. Publicity
17.1. Publicity. Any publicity regarding the subject matter of a work order contract where the State is the
Requesting Party 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 Other Party individually or jointly with others, or any subcontractors, with respect to
the program, publications, or services provided resulting from a work order contract.
17.2. Data Practices Act. Section 17.1 is not intended to override the Other Party’s responsibilities under the
Minnesota Government Data Practices Act.
18. Governing Law, Jurisdiction, and Venue
18.1. Minnesota law, without regard to its choice‐of‐law provisions, governs this master contract and all work
order contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or
the breach of any such contracts, must be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
19. Prompt Payment; Payment to Subcontractors
19.1. The parties must make prompt payment of their obligations in accordance with applicable law. As required
by Minn. Stat. § 16A.1245, when the Other Party lets a contract for work pursuant to any work order, the
Other Party must require its contractor to pay all subcontractors, less any retainage, within 10 calendar days
of the prime contractor's receipt of payment from the Other Party for undisputed services provided by the
subcontractor(s) and must pay interest at the rate of one and one‐half percent per month or any part of a
month to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s).
20. Minn. Stat. § 181.59.
20.1. The Other Party will comply with the provisions of Minn. Stat. § 181.59 which requires: Every contract for or
on behalf of the state of Minnesota, or any county, city, town, township, school, school district, or any other
district in the state, for materials, supplies, or construction shall contain provisions by which the Contractor
agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any
contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or
color, discriminate against the person or persons who are citizens of the United States or resident aliens
who are qualified and available to perform the work to which the employment relates; (2) That no
contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent
the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent,
or conspire to prevent, the person or persons from the performance of work under any contract on account
of race, creed, or color; (3) That a violation of this section is a misdemeanor; and (4) That this contract may
be canceled or terminated by the state, county, city, town, school board, or any other person authorized to
grant the contracts for employment, and all money due, or to become due under the contract, may be
forfeited for a second or any subsequent violation of the terms or conditions of this contract.
21. Termination; Suspension
21.1. Termination by the State for Convenience. The State or commissioner of Administration may cancel this
MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the
Other Party. Upon termination, the Other Party and the State will be entitled to payment, determined on a
pro rata basis, for services satisfactorily performed.
21.2. Termination by the Other Party for Convenience. The Other Party may cancel this MPC and any work order
contracts at any time, with or without cause, upon 30 days written notice to the State. Upon termination,
MnDOT Contract Number: 1050151
11
the Other Party and the State will be entitled to payment, determined on a pro rata basis, for services
satisfactorily performed.
21.3. Termination for Insufficient Funding. The State may immediately terminate or suspend this MPC and any
work order contract if it does not obtain funding from the Minnesota legislature or other funding source; or
if funding cannot be continued at a level sufficient to allow for the payment of the services covered here.
Termination or suspension must be by written or fax notice to the Other Party. The State is not obligated to
pay for any services that are provided after notice and effective date of termination or suspension.
However, the Other Party 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 master contract or work order is terminated because of the decision of the Minnesota legislature or
other funding source, not to appropriate funds. The State must provide the Other Party notice of the lack of
funding within a reasonable time of the State’s receiving that notice.
22. Data Disclosure
22.1. Under Minn. Stat. §270C.65, subd. 3, and other applicable law, the Other Party consents to disclosure of its
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 Other Party to file state tax returns and pay delinquent state tax
liabilities, if any.
23. Defense of Claims and Lawsuits
23.1. If any lawsuit or claim is filed by a third party (including but not limited to the Other Party’s contractors and
subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under
this MPC, the Other Party will, at the discretion of and upon the request of the State, tender the defense of
such claims to the State or allow the State to participate in the defense of such claims. The Other Party will,
however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or
cause of action asserted is based on its own acts or omissions in performing or supervising the work. The
Other Party will not purport to represent the State in any litigation, settlement, or alternative dispute
resolution process. The State will not be responsible for any judgment entered against the Other Party, and
will not be bound by the terms of any settlement entered into by the Other Party except with the written
approval of the Attorney General and the Commissioner of Transportation and pursuant to applicable law.
24. Additional Provisions
24.1. NONE
[THE BALANCE OF THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK]
MnDOT Contract Number: 1050151
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OTHER PARTY
The Other Party certifies that the appropriate person(s)
have executed the contract on behalf of the Other Party
as required by applicable articles, bylaws, resolutions or
ordinances.
By:
Title:
Date:
By:
Title:
Date:
COMMISSIONER OF TRANSPORTATION
By:
Date:
Title:
COMMISSIONER OF ADMINISTRATION
By:
Date:
Exhibit A – Table of Technical Services
Master Partnership Contract Program FY 2023-2027
Date: 3/28/2022
Source
Code Title Description
1735 Bituminous Plant Inspection
Performing QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing,
plant reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with
bituminous plant inspection.
2830 Bridge Bearing Assemblies All tasks related to the repair and maintenance of fixed or expansion-bearing assemblies on bridges. Includes related traffic
2819 Bridge Curb, Walk And Railing
Repairing and maintaining bridge curb, walk, rail, coping, and fencing connected to the rail. Includes glare screen and median
barriers on bridges. Includes related traffic control.
2820 Bridge Deck
Work associated with bridge deck and slab repair regardless of removal depth or type of material used for patching. Includes deck
or slab overlays and replacements and underside deck delamination. Includes related traffic control.
2838 Bridge Deck Crack Sealing All tasks related to deck crack sealing. Includes related traffic control.
2827 Bridge Expansion, Relief Joints
All maintenance tasks associated with bridge expansion joints, except joint reestablishment. Includes tightening expansion device
bolts and replacing seal glands. Includes related traffic control.
2855 Bridge Inspection Direct Support Activities that support bridge inspection, but are not direct production (i.e., leadership, technical, administrative assistance.
2828 Bridge Inspection-Federal Fund
All bridge inspection tasks for non-MnDOT bridges funded by the federal Fracture-Critical Bridge Program (Project Code will begin
with TSL and with the local bridge number). Includes related inspection reports. For MnDOT Trunk Highway bridges (Project Code
begins with TSO followed by the bridge number) and local and Department of Natural Resources (DNR) (bridge number begins
with 9A follow by bridge number) bridge inspections to be billed to the local government or Department of Natural Resources
(DNR) use Source Code 2824.
2824 Bridge Inspection-Non-Federal
All tasks related to inventory, inspection, and load capacity rating work done on trunk highway bridges to meet the requirements
of the National Bridge Inspection System and/or Minnesota Bridge Safety Inspection Program or for billing to local governments.
Includes related inspection reports and deck condition surveys.
1421
Bridge Management System
Operation/Administration/Data Use for tasks related to the Bridge Management System, including operations, administration, or data entry.
2847 Bridge Poured/ Relief Joint Seal
All tasks associated with resealing bridge construction joints. Includes related traffic control. Related source type codes: Activities
that support bridge inspection, but are not direct production (i.e., leadership, technical, administrative assistance).
2829 Bridge Superstructure
All tasks to repair any bridge component above the bridge seat that is not included in other source codes. Includes repairs to all
types of bridge superstructure elements such as girders, beams, floor beams, trusses, stringers, t-beams, precast channels, and
box girders. Includes related traffic control.
2316 Brush & Tree Removal
Maintaining, watering, trimming, and removing highway right of way tree and brush. Includes chipping of tree limbs and stump
removal/grinding. Includes related traffic control.
0032 Business Unit Management
All expenses of business/office managers for general management and administration of support functions. includes
administering central facilities maintenance and facilities capital budgets.
3000 Class Of Frequency Coordination Use for frequency coordination done with APCO, AASHTO or FCCA.
Page 1 of 5
Source
Code Title Description
1733 Concrete Plant Inspections
Performing QA/QC physical testing at the plant; sampling and transporting of materials from the plant to the lab for lab testing,
plant reviews, and operations; investigating plant discrepancies; and other technical services in the plant or office associated with
stationary concrete plants or mobile concrete paving plant inspection.
1734 Construction Materials Inspections
Performing construction phase material inspection and engineering, for structural steel, precast and pre-stressed concrete,
reinforcement steel, and electrical products and related technical services in the field and office for materials to be used in
multiple projects. Includes travel time, sampling, and sample delivery. Includes tasks related to reviewing shop drawings furnished
by suppliers or fabricators and contractor working drawings or calculations, and for tasks related to structural metals inspection
(materials surveys, physical and chemical laboratory testing, material inspection and engineering, and technical services in the
field and offices).
1802 Construction Surveying Use for surveys to provide staking for the contractor's operations and for any other construction phase surveying
2106 Crack Sealing
All surface crack sealing, crack filling, or rout and seal operations. Includes related materials, hauling, stockpiling, and traffic
control.
3023 Elec Comm Eq Rep - Miles
0400 Equipment Calibration-Mat Insp Use when performing periodic equipment calibration for equipment used in the materials lab or on construction projects.
1800 Field Inspection
All construction project field inspection (not cyclical inspection of assets), including preparatory plans & spec review,
measurement, and verification other than environmental monitoring. Includes field inspection of materials such as gradations,
densities/DCP, proctors, compaction, slump tests, and field air tests. Witnessing claims, determination and computation of pay
quantities, materials control and certification for progress vouchers, but not for final payments. Includes collecting and
transporting samples for lab tests, but not the actual laboratory verifications. Includes all construction phase project related
activities for project and resident engineers such as problem resolution, guidance and direction to field technicians. Includes all
miscellaneous field engineering expenses used by district offices such as space rental, utilities, or other costs charged to the
construction project Includes all work associated with evaluation of implementation of intelligent compaction devices to
determine if construction contract terms have been met.
1040 Final Design Surveys
All district field and office tasks needed to respond to supplemental "Requests for Survey Data" and add the data to the surveys
base map or DTM.
0601 Gen Training Preparation - Delivery
Use for time, materials, and travel expenses when developing or delivering training. includes course preparation, designing
materials, and managing training records.
2210 Guardrail-Install/Repair/Maintenance
Install, repair, or maintain low tension cable, plate beams, and end treatments; cable tension adjustments; and reflector
replacement. includes related traffic control.
2624 Indirect Expense Indirect shop expenses and shop equipment. Allocate to mobile equipment.
1871 Lighting Maintenance & Utilities
All work related to installing, maintaining, restoring, or removing highway lighting systems and fixtures. Includes repairing,
maintaining, or replacing supports necessary for roadway lighting luminaries. Includes patrol highway lighting, inspect lighting
structures, electrical service for highway lighting, re-lamping, pump stations, anti-icing systems, truck roll-over warning systems
and electrical repairs. Includes traffic control in support of roadway lighting activities. Use for tasks related to public
inquiries/complaints, review utility billings, provide data, and conduct field reviews.
Page 2 of 5
Source
Code Title Description
1875 Locate One Call
Finding and marking locations of buried conduit, cables, hand holes, loops, etc. in order to maintain or repair the traffic
management system, signal systems, or roadway lighting systems.
1732 Material Testing & Inspection
Performing construction phase and research physical and chemical laboratory testing, and related technical services in the
districts and central labs, and for performing research and construction phase non-destructive testing materials surveys, and
related technical services in the field and offices. Includes detour surveys. Non-destructive tests include, skid resistance and falling
weight deflectometer (FWD) testing.
2660 Misc Revenue
Used only by Office of Financial Management for billing and deposit transactions and to record payments to the department for
gravel sold to contractors and others.
2822 Miscellaneous Bridge Maintenance
Miscellaneous maintenance tasks performed on a specific bridge or structure not covered by other source codes. Includes work
on items such as stairways, drains, fencing, light bases, transient guards, and access doors. Includes transient removal, ordering
materials, and picking up equipment. Includes related traffic control.
3049
On Call Electronic Communications Infrastructure
Maintenance To be used by Statewide Radio Communications personnel to record on-call time.
2142 Overhead Sign Panel Maintenance
Work related to the repair and replacement of overhead sign panels, extruded sign panels mounted on I-beams, and overhead
sign structures. Includes related cable locates and traffic control. Does not include structural work.
2102 Patching Related source type codes: 2103-Heavy patching, 2104-Bituminous paving, 2105-Blow patching
1520 Pavement Management System
For tasks related to the operation of the pavement management system, including development and maintenance/technical
support. Includes tasks to meet needs external to MnDOT.
2406 Plowing & Material Application
Shoulder to shoulder snow removal operation, winging back, snow blowing drifts, and the application of de-icing chemicals using
mobile equipment. Includes changing cutting edges during event and related traffic control.
3005 Radio - Mobile Equipment
Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications
systems (includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment -
Must use Project number assigned to requesting agency (State Patrol, DNR, BCA, Fire Marshall). See OSRC Project Code list.
3027 Radio Programming
Creating or modifying radio frequency programs and programming mobile and portable radios. Does not include mobile radios
used as fixed base radios as part of the Inter-OP System (Use 3009).
3002 Radio/Electronic Infrastructure
Use for the repair and preventative maintenance of all equipment associated with wireless two-way radio communications
systems (includes mobile radios, portable radios, base stations, console workstations, recorders, etc.). Non-MnDOT equipment -
Must use Project number assigned to requesting agency; Department of Public Safety (DPS) includes State Patrol (SP) Bureau of
Criminal Apprehension (BCA), Fire Marshall); does not include Department of Natural Resources (DNR). See OSRC Project
3007 Radio/Electronic System Engineering Use for design of microwave, radio and miscellaneous electronic systems.
3009 Radio/Electronic System Upgrade & Installation
Use for the installation and other services needed to provide major system upgrades or improvements to wireless or electronic
systems. Use for all work performed to correct or repair deficiencies found in a new installation.
1716 Record Sampling
Used by Materials and Research Section and district materials staff to verify inspector" sampling and testing procedures and
checking inspectors' equipment during project construction as required by FHWA. Use when performing field tests on split
sample.
Page 3 of 5
Source
Code Title Description
2222 Sign/Delineation/Marker Repair
Replacing, repairing, and washing signs (including temporary stop signs). Includes re-sequencing intersection signing and
repair/replace overhead and extrude signs mounted on I-beams. Includes related cable locates and traffic control.
1182 Soils/Foundation Field/Laboratory Tests
All laboratory testing necessary to provide geotechnical information to complete roadway soils recommendations and approvals
for use in the development of Final Design Plans and Special Provisions. Lab work includes R-value, resilient modulus, soil
classification, gradation, proctor testing, unconfined compression, consolidation, direct simple shear, direct sheer, permeability
and triaxial tests.
1879 State Furnished Materials
Use to record labor hours, equipment usage, and material costs to supply state furnished materials to a state road construction
project with federal participation.
1738 State Project - Specific Materials Inspection
Performing material inspection and engineering for materials designated for a specific construction project (SP). Generally applies
to inspection of such things as structural steel, prestressed concrete items, and most precast concrete items and related technical
services in the field and offices when related to a particular SP. Use for SP specific tasks related to performing the review of shop
drawings furnished by suppliers or fabricators and contractor working drawings or calculations, and for tasks related to structural
metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and engineering and technical
services in the field and offices).
1434 Structural Metals Inspection-Non DOT
Reviewing shop drawings furnished by suppliers, fabricators, and contractors (working drawing or calculations), and for tasks
related to structural metals inspection (materials surveys, physical and chemical laboratory testing, material inspection and
engineering, and technical services in the field and offices) for local agency projects.
2629 Supplies & Small Tools Shop tools, small equipment, and supplies that cannot be directly charged to a mobile equipment unit.
0152 Support Services
Work that supports general office management, system management such as entering data into SWIFT, PPMS, PUMA and other
MnDOT systems, attending staff meetings and other indirect support activities.
1312 Tech Assist-Outside MnDOT Use when providing technical assistance to an organization external to MnDOT.
3025 Tower/Building Maintenance
Use for all tasks related to the maintenance of a tower building or site. Includes towers, buildings, generators, LP system, fencing,
landscaping, grounding, ice bridge, cable management, climbing ladders, card key systems, and HVAC.
1876 Traffic Counting
Use to record labor, equipment usage, and material costs for activities related to traffic counts made for statewide traffic
monitoring or traffic operations. Includes all activities related to traffic counting, such as taking requests, assigning priorities,
collecting field data, processing data, and developing new techniques for collection.
1501 Traffic Management System (TMS)
Used by traffic operations staff for all tasks that support the RTMC's operations center (or TOCC) providing traveler information,
managing incidents and monitoring the FMS. Includes dynamic message sign maintenance, ramp meter maintenance, camera
maintenance, and loop detection activities. Includes maintenance activities related to any ITS or TMS device such as RTMC cables,
monitor wall, switchers, routers, or modems. Use to record all costs for maintenance activities related to traffic management fiber
optics. Use for tasks related to maintaining traffic operations software including minor software enhancements and fixes. Use
when providing traffic operations technical assistance external to MnDOT. Use with
Page 4 of 5
Source
Code Title Description
1513 Traffic Management System (TMS) Integration
For tasks associated with the incorporation of new and existing TMS devices (cameras, loops, DMS, and other ITS devices) into
existing infrastructure to ensure proper operation. Use with the Construction/Program Delivery Appropriation.
1500 Traffic Mgt System Maintenance
Used by staff to maintain various Intelligent Transportation System (ITS) devices such as dynamic message signs, ramp meters,
cameras, detection, cables, RICWS, video wall monitors, switches, routers or modems. Used to record all costs for maintenance
activities related to traffic management fiber optics. Not to be used for Lighting or Traffic Signal maintenance.
1721 Traffic Sign Work Orders Use for work involved in preparing work orders for traffic signs. Use only with Maintenance Operations appropriation (T790081).
2863 Traffic Signal Inspection
Work related to cyclical structural and electrical inspection and preventive maintenance checks of traffic signal
systems/structures. Includes labor, equipment, materials, and traffic control.
1870 Traffic Signal Maintenance
Work related to the structural repair and replacement of traffic signal system structures and all electrical maintenance for traffic
signal systems including electrical power, labor, equipment materials, GSOC locates, traffic control and responses to public
inquiries.
2834 Waterway Maintenance
All tasks related to waterway maintenance for deck bridges. Includes debris removal, waterway cleanup, channel repair, and
channel protection repair that is not part of slope protection. Includes related traffic control.
Page 5 of 5
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 14, 2022
DEPARTMENT/DIVISION:
Lori Haak Public Works / Engineering
ITEM DESCRIPTION: IC# 18810
Modification of Conservation Easement Over Lot 9 Block 1 of Cam Addition
ITEM NO.:
VIII.J.
Requested Action Move to: Approve Modification to Conservation Easement over Lot 9, Block 1 of Cam Addition
Synopsis
A conservation easement was required for the Cam Addition for protection of the wetland and wetland buffers, as well as flood storage. Lot 9, Block 1 of Cam Addition (18242 Dove Court) is presently partly covered by a conservation easement. A wetland (18-13-C) is located in the north portion of the property. The property owner recognized that the existing lawn is not compatible
with the conditions of the conservation easement. The property owner is seeking a partial
vacation of the conservation easement to maintain the existing rear yard and bring the lot into compliance with the easement document. Staff recommends approval of the amendment. Background Information
The subject lot was platted around the time that the City’s wetland buffer and buffer setback
requirements were implemented (February 1, 2000). The plans of record (dated October 1, 1999) show a 15’ wetland buffer with no wetland buffer setback, as well as a conservation easement and a drainage and utility easement. The purpose of the easements were wetland and wetland buffer protection and flood storage. The easements were amended by City Council on September
5, 2000 because there was an error in the original plat and easement description; however,
drainage and utility and conservation easements still remain over the property.
The property owner is requesting to amend the recorded conservation easement. Following are the primary reasons for the amendment:
1. The current conservation easement leaves no room for a rear lawn.
2. The area proposed to be removed from the conservation easement appears to have been established as lawn sometime between 2002 and 2004. The current property owner is not the property owner who established the lawn. 3. There is a portion of the conservation easement that can be vacated without altering
wetland protection. Staff visited the site on May 3, 2022 and confirmed that the wetland
and wetland buffer will be encompassed by the remaining conservation easement. 4. The wetland functions as flood storage, according to the Riley-Purgatory-Bluff Creek Watershed District (RPBCWD) model. Flood storage is not altered by use of the property as lawn. The drainage and utility easement will remain intact to protect flood storage
capacity.
Staff recommends the following actions:
• An amendment to the conservation easement be approved as proposed.
• The new boundary be permanently marked with conservation easement monuments to
show the location of the easement.
Attachments
Amendment to Conservation Easement
Application for Conservation Easement Amendment
Survey dated June 7, 2022 Legal description of vacation Letter dated June 7, 2022 requesting the amendment
AMENDMENT TO CONSERVATION EASEMENT
This Amendment to Conservation Easement (“Amendment”) is made this 14th day of June, 2022
by and between Jonathan D. Wilson and Laura-Leigh S. Wilson, husband and wife (“Grantor”), and the
City of Eden Prairie, a Minnesota municipal corporation (“City”).
RECITALS:
A. Grantor is the fee owner of real property located in Hennepin County, Minnesota and legally
described as Lot 9, Block 1, CAM Addition (“Lot 9”).
B. Grantor’s predecessor-in-interest and the City entered into that certain Conservation/Scenic
Easement dated May 16, 2000, filed of record with the Hennepin County Recorder on August
16, 2000 as Document No. 7339313 (the “Original Conservation Easement”), which placed a
conservation easement over portions of several lots in CAM Addition, including Lot 9, as
described on Exhibit A to the Original Conservation Easement (the “Original Easement Area”).
C. On September 5, 2000, the Eden Prairie City Council adopted Resolution No. 2000-146, a
certified copy of which was filed of record with the Hennepin County Recorder on September
11, 2000 as Document No. 7351827 (the “Resolution”).
D. The Resolution vacated a portion of the Original Easement Area over Lot 8, Lot 9, and Lot 10,
thereby amending the Original Conservation Easement.
E. Grantor and the City wish to further amend the Original Conservation Easement by releasing
and removing an additional portion of Lot 9 from the Original Easement Area.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties agree as follows:
1. As to Lot 9 only, the Original Easement Agreement, as amended by the Resolution, is further
amended by vacating and releasing from the terms of the Original Easement Agreement that
portion of the Original Easement Area that is legally described on Exhibit A and depicted on
Exhibit B attached to this Amendment.
2. Except as modified by the Resolution and this Amendment, the parties reaffirm the terms of
the Original Easement Agreement.
[Signature Pages and Acknowledgements Follow]
IN WITNESS WHEREOF, the parties execute and deliver this Amendment as of the date stated above. GRANTOR:
Jonathan D. Wilson
____________________________________
Laura-Leigh S. Wilson
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of _____________________, 2022,
by Jonathan D. Wilson and Laura-Leigh S. Wilson, husband and wife.
Notary Public
3732652.5
CITY: CITY OF EDEN PRAIRIE,
a Minnesota municipal corporation
By:
Name: Ronald A. Case
Its: Mayor
By:
Name: 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 City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
This instrument was drafted by: City of Eden Prairie
8080 Mitchell Road Eden Prairie, Minnesota 55344
3732652.5
Exhibit A
Amendment to Conservation Easement PROPOSED VACATION OF PART OF CONSERVATION EASEMENT OVER AND ACROSS LOT 9,
BLOCK 1, CAM ADDITION:
Commencing at the northeast corner of Lot 9; thence South 10 degrees 59 minutes 00 seconds
West, along the east line of said Lot 9, a distance of 67.11 feet; thence South 73 degrees 19
minutes 36 seconds West a distance of 5.65 feet to a point on the west line of the East 5 feet of
said Lot 9, said point being the point of beginning of the area to be described; thence South 73
degrees 19 minutes 36 seconds West a distance of 31.25 feet; thence North 39 degrees 22
minutes 21 seconds West a distance of 10.69 feet; thence North 84 degrees 33 minutes 50
seconds West a distance of 14.07 feet; thence North 41 degrees 45 minutes 16 seconds West a
distance of 34.46 feet; thence South 70 degrees 19 minutes 41 seconds East a distance of 78.24
feet to the point of beginning and there terminating.
3732652.5
Exhibit B
Amendment to Conservation Easement
#1
From:Wufoo
To:Lori Haak
Subject:Conservation Easement Amendment [#1]
Date:Tuesday, May 24, 2022 10:22:39 AM
Conservation Easement Amendment
DATE CREATED - PUBLIC
16 May 2022 at 7:59
7:59:31 AM UTC-06:00
Check All That Apply *Conservation Easement
Describe Other Type ofEasement
Reason for Request *
Homeowner proposes the change to the conservation easement so thatthey can keep the existing lawn space in their back yard. The remainingarea inside the conservation easement would be returned to a naturalstate.
Address where EasementLocated *18242 Dove Court
Property IdentificationNumber (PID)1811622130062
Description of Easementand Proposed Amendment*
The current easement runs in a zig-zag fashion across the back yard.We propose straightening that easement line out.
Attach Scaled Drawing *
17222_rev._site_plan_easement_vacate__18242_dove_ct._05112022.pdf
760.6KB · PDF
Attach ComparisonDrawing *17222_exibit__18242_dove_ct.pdf
234.6KB · PDF
Attach Legal Description ofProposed Easement *
proposed_vacation_of_part_of_drainage.docx
12.7KB · DOCX
Applicant's Name *Josh Rajdl
Applicant's Address *8609 Harriet Ave S Bloomington, MN 55420 United States
Applicant's Email *josh@yardscapesinc.com
Applicant's Phone Number*(320) 310-2070
Property Owner's Name (ifnot the same as Applicant)Jonathan and Laura-Leigh Wilson
Property Owner's Address(if not the same asApplicant)
18242 Dove Court Eden Prairie, MN 55347 United States
Surveying Company *W. Brown Land Surveying
Applicant Signature *Josh Rajdl
Owner or Agent Signature(if applicable)
IP ADDRESS: 50.255.123.41
PROPOSED VACATION OF PART OF CONSERVATION EASEMENT OVER AND ACROSS LOT 9,
BLOCK 1, CAM ADDITION:
Commencing at the northeast corner of Lot 9; thence South 10 degrees 59 minutes 00 seconds
West, along the east line of said Lot 9, a distance of 67.11 feet; thence South 73 degrees 19
minutes 36 seconds West a distance of 5.65 feet to a point on the west line of the East 5 feet of
said Lot 9, said point being the point of beginning of the area to be described; thence South 73
degrees 19 minutes 36 seconds West a distance of 31.25 feet; thence North 39 degrees 22
minutes 21 seconds West a distance of 10.69 feet; thence North 84 degrees 33 minutes 50
seconds West a distance of 14.07 feet; thence North 41 degrees 45 minutes 16 seconds West a
distance of 34.46 feet; thence South 70 degrees 19 minutes 41 seconds East a distance of 78.24
feet to the point of beginning and there terminating.
June 7, 2022
Via Electronic Mail Lori Haak Water Resources Coordinator 8080 Mitchell Road
Eden Prairie, Minnesota 55344 Re: Conservation Easement on 18242 Dove Court Dear Ms. Haak:
We are the owners of 18242 Dove Court in Eden Prairie, a home we purchased in 2015. At the time we purchased the home, there was no restriction on the sale by the city, and no disclosure by the prior owner or the developer (who lives in the Pines II neighborhood 3 doors away from us) of any conservation easement that would, technically, prohibit us
from mowing the grass in our backyard, prevent our six and seven year-old children from playing in their backyard, or generally restrict any actual use and enjoyment of the backyard. In the 7 years that we have owned the home, we have taken great care to preserve the trees on our property and to accentuate the natural beauty of the wetland and
wooded area behind our home (indeed, we are presently the only original home on the
north side of the Dove Court development that has several mature, native pine, ash and maple trees in the backyard buffer area of the wetland). And in the 7 years that we’ve owned the home, there has never once been a time when the grass in our backyard flooded or became unusable due to high moisture. In fact, it has become very clear that
the wetland has a very obvious boundary that is significantly behind the boundary
reflected on the City’s records. After consulting with (and paying a lot of money to) a highly regarded survey company, Laura-Leigh and I would like to respectfully request a sensible amendment of the
conservation easement on our property. We do not make our request because we intend
on removing trees, impeding on the wetland, or otherwise harming/changing the natural beauty of our backyard. Rather, we simply want to ensure that we don’t have to worry about the future sale of our home, violating unreasonable City restrictions while mowing our lawn, or restricting our children from enjoying their backyard as they grow up in
Eden Prairie. We can honestly see no logical reason for the current easement, a
sentiment that your predecessor Leslie Stovring appeared to share based on her comment to me in February of this year that “these lines make no sense at all, if you hire a surveyor we can have these redone for you.”
June 7, 2022 Page 2
We respectfully ask that the City Council now honor Ms. Stovring’s commitment and
amend the conservation easement.
Sincerely,
Jonathan Wilson & Laura-Leigh Wilson
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 14, 2022
DEPARTMENT/DIVISION:
Ashton Kogel
Public Works / Engineering
ITEM DESCRIPTION: #21806
Approve Professional Services Agreement with Braun Intertec Corporation for Construction Testing Services for 2022 Pavement Rehab Project
ITEM NO.:
VIII.K.
Requested Action
Move to: Approve the Professional Services Agreement with Braun Intertec Corporation for Construction Testing Services for the 2022 Pavement Rehab Project in the amount of $36,868.00. Synopsis This Professional Services Agreement will provide construction materials testing services for the 2022 Pavement Rehab Project. Construction will take place this summer. Background Information The Bituminous Pavement Rehab Project is an annual street maintenance project that includes mill and overlays, and full depth reclamation projects. These projects are done to avoid full reconstruction projects which are much more costly and intrusive. The testing Braun Intertec will
perform is to assure that the materials used by the contractor meets the required specifications. Financial Implications The Professional Services Agreement with Braun has an estimated cost of $36,868. Funding for
the project is from Pavement Management funds. Attachment Professional Services Agreement
AA/EOE
Braun Intertec Corporation
11001 Hampshire Avenue S
Minneapolis, MN 55438
Phone: 952.995.2000
Fax: 952.995.2020
Web: braunintertec.com
May 13, 2022 Proposal QTB157978
Ms. Ashton Kogel
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344-4485
Re: Proposal for Construction Materials Testing Services
2022 Mill and Overlay and Pavement Reclamation Project
Eden Prairie, Minnesota
Dear Ms. Kogel:
Braun Intertec Corporation is pleased to submit this proposal to provide construction materials testing
for the City’s 2022 Mill and Overlay and Pavement Reclamation Project.
Our Understanding of Project
Per our previously performed work and the map provided, we understand the City’s 2022 project will
include the following:
▪ Full-depth reclamation (FDR) of various streets throughout the City.
▪ Milling-and-overlaying of various streets throughout the City for their annual mill and overlay
project.
Available Project Information
This proposal was prepared using the following documents and information.
▪ Our Pavement Evaluation report provided to the City on February 24, 2022 (Braun Intertec
project number B2110036).
▪ Request for Proposal Email prepared by Ashton Kogel with the City of Eden Prairie sent
on April 7, 2022.
▪ 2022 overlay tonnage estimates and City of Eden Prairie Bidding and Contract documents, as
provided by Ashton Kogel on April 22, 2022.
Scope of Services - Construction Material Testing
We propose the following tasks. If we encounter unfavorable or unforeseen conditions during the
completion of our tasks that lead us to recommend an expanded scope of services, we will contact you to
discuss the conditions before resuming our services.
City of Eden Prairie
Proposal QTB157978
May 13, 2022
Page 2
Services are performed under the direction of a licensed professional engineer. Testing services will be
performed on an on-call, as-needed basis as requested and scheduled by you or your on-site project
representative. After reviewing available information to determine compliance with project plans and/or
specifications and other design or construction documents, our scope of services for the project will be
limited to the tasks defined below.
Soils Related Services (FDR streets)
▪ Sample and test full depth reclamation for compliance with the project documents. This task
includes laboratory gradation testing of full depth reclamation.
▪ Perform MnDOT dynamic cone penetrometer (DCP) tests on full depth reclamation
materials.
Bituminous Related Services (FDR and mill-and-overlay streets)
▪ Randomly determine and mark pavement core locations.
▪ Obtain bituminous cores and measure the thickness and density of the compacted
bituminous pavement by the core method for compliance with the project documents. This
task includes coring equipment rental, performing the coring and patching the core holes.
▪ Laboratory testing of cores to determine density and measure thickness.
Consulting, Project Communication and Reporting Services
▪ Project management, including scheduling of our field personnel.
▪ Review test reports, and communicating with you and the parties you may designate such as
the project contractor(s), and other project team members, as needed.
▪ Transmit test results to the project team on a weekly basis.
Basis of Scope of Work
The costs associated with the proposed scope of services were estimated using the following
assumptions. If the construction schedule is modified or the contractor completes the various phases of
the project at different frequencies or durations than shown in this proposal, we may need to adjust the
overall cost accordingly. The scope of work and number of trips required to perform these services are as
shown in the attached table. Notable assumptions in developing our estimate include:
▪ We understand compaction testing on full depth reclamation materials will be performed
using the Dynamic Cone Penetration (DCP) method; a minimum of 3 tests will be conducted
each trip with 15 trips assumed.
▪ We assume we will core the bituminous pavement 2 times a week for 10 weeks. We also
assume we will core up to 6 cores per trip.
▪ We assume we will use the contractor’s bituminous mixture properties to assist in
determining core density.
▪ Where required, we assume traffic control for all project areas will be provided for our coring
crews by the City of Eden Prairie and/or the contractor for this project.
▪ We understand your full-time on-site construction observer will observe the test rolling for
this project.
City of Eden Prairie
Proposal QTB157978
May 13, 2022
Page 3
▪ You, or others you may designate, will provide us with current and approved plans and
specifications for the project. Modification to these plans must also be sent to us so we can
review their incorporation into the work.
▪ We will require a minimum of 24 hours’ notice for scheduling inspections for a specific time.
Shorter than 24 hours’ notice may impact our ability to perform the requested services, and
the associated impacts will be the responsibility of others.
If the work is completed at different rates than described above, this proposal should be revised. If the
pace of construction is different than described above, this proposal should be revised.
Fees
We will furnish the services described herein for an estimated fee of $36,868. Our estimated costs are
based on industry averages for construction production. Depending on the contractor’s performance, our
costs may be significantly reduced or slightly higher than estimated. A tabulation showing our estimated
hourly and/or unit rates associated with our proposed scope of services is also attached.
Our work may extend over several invoicing periods. As such, we will submit partial progress invoices for
work we perform during each invoicing period.
Additional Services and Overtime
It is difficult to estimate all of the services, and the quantity of each service, that will be required for any
project. Our services are also directly controlled by the schedule and performance of others. For these
reasons, our actual hourly or unit quantities and associated fees may vary from those reported herein.
If the number of hours or units ultimately required exceed those assumed for purposes of this proposal,
they will be invoiced at the hourly or unit rates shown in the attached tabulation. If services are
ultimately required that have not been identified or described herein, they will be invoiced in accordance
with our current Schedule of Charges. Prior to exceeding our estimated fees, we will update you
regarding the progress of our work. Fees associated with additional services will be summarized in a
Change Order and submitted to you for review and authorization.
This cost estimate was developed with the understanding that the scope of services defined herein will
be required and requested during our normal work hours of 6:00 a.m. to 4:00 p.m., Monday through
Friday. Services that we are asked to provide to meet the project requirements or the contractor’s
construction schedule outside our normal work hours will be invoiced using an overtime rate factor. The
factor for services provided outside our normal work hours or on Saturday will be 1.25 times the normal
hourly rate for the service provided. The factor for services provided on Sunday or legal holidays will be
1.5 times the normal hourly rate for the service provided. We have not included premiums for overtime;
however, we recommend that allowances and contingencies be made for overtime charges. You will be
billed only for services provided on a time and material basis.
City of Eden Prairie
Proposal QTB157978
May 13, 2022
Page 4
General Remarks
We will be happy to meet with you to discuss our proposed scope of services further and clarify the
various scope components.
We appreciate the opportunity to present this proposal to you. If anything in this proposal is not
consistent with your requirements, please let us know immediately. Braun Intertec will not release any
written reports until we have received a signed agreement. Also, ordering services from Braun Intertec
constitutes acceptance of the terms of this proposal.
The proposed fee is based on the scope of services described and the assumption that our services will
be authorized within 30 days and that others will not delay us beyond our proposed schedule.
If acceptable, please issue a Standard Agreement for Professional Services with the City of Eden Prairie
with this proposal included as Exhibit A.
To have questions answered or schedule a time to meet and discuss our approach to this project further,
please contact Amy Grothaus at 651.261.7122 (agrothaus@braunintertec.com) or Andrew Valerius at
952.995.2242 (avalerius@braunintertec.com).
Sincerely,
BRAUN INTERTEC CORPORATION
Amy J. Grothaus, PE
Account Manager, Senior Engineer
Andrew M. Valerius
Account Leader, Senior Project Manager
Charles M. Cadenhead Jr, PE
Vice President, Principal Engineer
Attachment:
Cost Estimate Table
Client:Service Description:Work Site Address:
Various City Streets
Eden Prairie, MN
City of Eden Prairie
Ashton Kogel
8080 Mitchell Rd
Eden Prairie, MN 55344
(952) 937-1210
Construction Material Testing
IC 22806
Proposal Total:$36,868.00
Description Quantity Units Unit Price Extension
Phase 1 Construction Materials Testing
Activity 1.1 Aggregate Testing $7,720.00
1162 Sieve Analysis with 200 wash, per sample 10.00 Each 136.00 $1,360.00
217 Compaction Testing - DCP 45.00 Hour 86.00 $3,870.00
Work Activity Detail Qty Units Hrs/Unit Extension
DCP 15.00 hours 3.00 45.00
209 Sample pick-up 15.00 Hour 86.00 $1,290.00
1861 CMT Trip Charge 30.00 Each 40.00 $1,200.00
Activity 1.2 Pavement Testing $25,430.00
1542 Thickness and Density of Bituminous Core (ADTM D 2726)120.00 Each 54.00 $6,480.00
252 Bituminous Coring 80.00 Hour 190.00 $15,200.00
Work Activity Detail Qty Units Hrs/Unit Extension
Coring 20.00 Trips 4.00 80.00
1555 Bit wear and patch material, per core 118.00 Each 25.00 $2,950.00
1861 CMT Trip Charge 20.00 Each 40.00 $800.00
Activity 1.3 Project Management $3,718.00
226 Project Manager 15.00 Hour 164.00 $2,460.00
228 Senior Project Manager 3.00 Hour 190.00 $570.00
238 Project Assistant 8.00 Hour 86.00 $688.00
Phase 1 Total:$36,868.00
Page 1 of 105/13/2022 08:30 AM
Project Proposal
QTB157978
City of Eden Prairie 2022 Mill & Overlay, Reclaim Project
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 14, 2022
DEPARTMENT/DIVISION: Lori Haak
Water Resources / Engineering
ITEM DESCRIPTION: I.C.# 19837 Approve submittal of the 2021 Annual Report to the MPCA for the NPDES Phase II Stormwater Permit Program
ITEM NO.:
VIII.L.
Requested Action
Move to: Approve submittal of the 2021 Annual Report to the Minnesota Pollution Control
Agency for the NPDES Phase II Stormwater Permit Program
Synopsis
The City of Eden Prairie is required to submit an Annual Report to the Minnesota Pollution Control Agency (MPCA) documenting how the City progressed on the Best Management Practices (BMPs) outlined in our Storm Water Pollution Prevention Plan (SWPPP).
Background Information
The City’s Phase II NPDES MS4 (Municipal Separate Storm Sewer System) Permit was renewed in 2013. The City’s application included a SWPPP Document with a set of Best Management Practices (BMPs) which the City must undertake to assist in improving water quality within the City. The Annual Report provides the MPCA with a summary of the City’s activity during the previous year to
meet the goals outlined in our SWPPP.
Summary of Activity
Each year, nearly every department in the City is involved in helping to protect our water resources. In 2021, City residents, volunteers and staff participated in water quality-protecting practices such as:
• City-Wide Drop-Off and Pick-Up Events: The City-Wide Drop-Off event was held on
Saturday, June 19 at the Hennepin Technical College. Between the drop-off event and the spring and fall pick-ups, it is estimated that 505 vehicles and households participated. Over 31 tons of waste was collected. This, in coordination with several smaller targeted events, were a success and apply towards our requirement to reduce and discourage illegal dumping.
• Yard Waste Site Collection: During our inaugural year of providing the yard waste collection site, we collected 294.93 tons of yard waste and 59.4 tons of brush/wood waste. This site is an important way for us to keep nutrients like phosphorus out of our water resources. Too often, yard waste ends up in wetland buffers, parks and conservation easements where it contributes to
declines in water quality.
• Landscaping for Water Quality Rebates: Provided rebates for 6 shoreland restoration projects, 13 buckthorn removal projects, 4 raingardens and 3 pollinator gardens for a total of $45,833. Ten of these projects also received grants from a watershed district, which brought an additional
$52,859 into Eden Prairie.
• Adopt-a-Drain: Over 120 residents of Eden Prairie adopted 240 storm drains and collected nearly 950 pounds of debris, keeping it from entering our lakes, creeks and wetlands.
• Life in the Prairie Newsletter: The Newsletter is mailed to city residents quarterly. Articles
included a range of topics, such as how to use See-Click-Fix; information about our Adopt-a-Drain program; best practices for managing yard waste; and how to minimize salt use.
• Stormwater Inspections and Maintenance: Public works staff inspected over 1,000 BMPs, outfalls and stormwater ponds and documented maintenance recommendations as part of our
annual system maintenance program.
• Citizen Assisted Monitoring Program: Volunteers monitored water quality in Duck, Mitchell, Red Rock and Riley Lakes. The program is provided by the Metropolitan Council.
• Street Sweeping: All City streets are swept at a minimum of once annually.
• Webinars: Webinars were held to provide information to interested residents on the impact of salt on water resources and the benefits of raingarden construction.
• Lake Associations: The water resources coordinator met with and fostered relationships with the
city’s lake associations to educate lakeshore homeowners about stormwater and lake management
practices and progress.
• Sustainable Eden Prairie News: Regular updates about water resources and other sustainability-related topics reached over 3,200 interested residents.
• Annual Public Meeting: The annual stormwater program informational meeting was held on May 1, 2021 as part of the City’s Arbor Day event and Green Fair. Residents were invited to review and comment on the City’s SWPPP.
Attachment
Annual MS4 Stormwater Report for 2021
You are currently logged in as:
Eden Prairie City MS4
If this is correct, click the 'Next' button. If this information is incorrect, contact Cole Landgraf (651-757-2880,cole.landgraf@state.mn.us).
Before you begin...
A fillable Microsoft Word document with all of the questions is available at https://stormwater.pca.state.mn.us/index.php?
title=MS4_Annual_Report (for personal use only, not for submittal).
The MS4 Annual Report for 2021 will automatically save your answers when you hit the ‘Next’ button at the bottom of each page.
If you wish to leave the MS4 Annual Report for 2021 and complete the document at another time, you may do so by clicking ‘Next’ atthe bottom of your current page to save your progress before exiting the document. Return to the survey by following the previously
used web link, and again login using your email and assigned password credentials. Once you successfully log in, your previous
answers will appear.
The MPCA will email a formatted version of your MS4 Annual Report for 2021 to you in a confirmation email within three businessdays after you submit this form.
You may print a copy of the MS4 Annual Report for 2021 for your records at any time by pressing the ‘Print’ button at the bottom of the
page.
Additionally, it is possible to save a PDF copy of the MS4 Annual Report for 2021 if you are working on a computer with OneNote (aprogram often included in Microsoft Office packages). Detailed saving instructions are available atstormwater.pca.state.mn.us/index.php/Guidance_for_saving_MS4_annual_reports.
MS4 Annual Report for 2021
Reporting period: January 1, 2021 to December 31, 2021
Due: June 30, 2022
Instructions: Complete this annual report to provide a summary of your activities under the 2013 MS4 Permit (Permit) betweenJanuary 1, 2021 and December 31, 2021. MPCA staff may contact you for additional information.
Note: The annual report questions remain unchanged from the previous annual report because MS4 permittees were covered underthe 2013 MS4 Permit for the majority of 2021. In the next annual report (due June 30, 2023), you will be required to report on activitiescompleted to meet requirements under the 2020 MS4 Permit.
Fillable document available at https://stormwater.pca.state.mn.us/index.php?title=MS4_Annual_Report (for personal use only, not forsubmittal).
Questions: Contact Cole Landgraf (cole.landgraf@state.mn.us, 651-757-2880) or your assigned MPCA staff member listed at https://stormwater.pca.state.mn.us/index.php?title=MS4_staff_contact_information_and_staff_assignments.
MS4 General Contact Information
Full name Lori Haak
Title Water Resources Coordinator
Mailingaddress 8080 Mitchell Road
City Eden Prairie
State MN
Zip code 55344
Phone 952-949-8327
Email lhaak@edenprairie.org
Preparer Contact Information (if different from the MS4 General Contact)
Full name
Title
Organization
Mailingaddress
City
State
Zip code
Phone
Email
MCM 1: Public Education and Outreach
The following questions refer to Part III.D.1. of the Permit.
Q2 Did you select a stormwater-related issue of high priority to be emphasized during this Permit term? [Part III.D.1.a.(1)]
Yes
No
Q3 What is your stormwater-related issue(s)? Check all that apply.
TMDL(s)
Local businesses
Residential BMPs
Pet waste
Yard wasteDeicing materials
Household chemicals
Construction activities
Post-construction activities
Other
Q4 Have you distributed educational materials or equivalent outreach to the public focused on illicit discharge recognition and reporting?
[Part III.D.1.a.(2)]
Yes
No
Q5 Do you have an implementation plan as required by the Permit? [Part III.D.1.b.]
Yes
No
Q6 How did you distribute educational materials or equivalent outreach? Check all that apply and provide circulation/audience associatedwith each item. [Part III.D.1.a.]
Brochure
NewsletterUtility bill insert
Newspaper ad
Radio ad
Television ad
Cable access channel
Stormwater-related event
School presentation or project
Website
Other (1)
Other (2)
Other (3)
Other (1),describe:City-wide Email News
Other (2),describe:Sustainable Eden Prairie News (e-newsletter)
Other (3),describe:Facebook
Q7 Intended audience? Check all that apply.
Residents Local Businesses Developers Students Employees Other Brochure
Newsletter
Stormwater-relatedevent
Website
Other (1)
Other (2)
Other (3)
Q8 Enter the total circulation/audience (if unknown, use best estimate):
Brochure 500
Newsletter 26224
Stormwater-related event 1000
Website 25000
Other (1)29417
Other (2)3260
Other (3)9100
Provide a brief description of each activity related to public education and outreach (e.g. rain garden workshop, school presentation,
public works open house) held and the date each activity was held from January 1, 2021 to December 31, 2021. [Part III.D.1.c.(4)]
Q9 Date of activity Q10 Description of activity
Date(mm/dd/yyyy)1/14/2021 Dell - Impact of Salt Lunch Webinar
Date(mm/dd/yyyy)3/9/2021 Sustainability Commission - Water Resources Update
Date(mm/dd/yyyy)4/24/2021 Park Clean Up Day
Date(mm/dd/yyyy)5/1/2021 Arbor Day Walk & Green Fair
Date(mm/dd/yyyy)6/3/2021 Rain Garden Webinar & Video Production
Date(mm/dd/yyyy)6/19/2021 City-Wide Drop Off Day
Date(mm/dd/yyyy)10/7/2021 Mitchell Lake Association - Annual Meeting Presentation
Date(mm/dd/yyyy)10/9/2021 City-Wide Open House
Q11 Between January 1, 2021 and December 31, 2021, did you modify your BMPs, measurable goals, or future plans for your public
education and outreach program? [Part IV.B.]
Yes
No
MCM 2: Public Participation/Involvement
The following questions refer to Part III.D.2.a. of the Permit.
Q12 You must provide a minimum of one opportunity each year for the public to provide input on the adequacy of your Stormwater
Pollution Prevention Program (SWPPP). Did you provide this opportunity between January 1, 2021 and December 31, 2021? [PartIII.D.2.a.(1)]
Yes
No
Q13 What was the opportunity that you provided? Check all that apply.
Public meeting
Public event
Other
Q17 Between January 1, 2021 and December 31, 2021, did you receive any input regarding your SWPPP?
Yes
No
Q19 Between January 1, 2021 and December 31, 2021, did you modify your BMPs, measurable goals, or future plans for your publicparticipation/involvement program? [Part IV.B.]
Yes
No
MCM 3: Illicit Discharge Detection and Elimination
The following questions refer to Part III.D.3. of the Permit.
Q20 Do you have a regulatory mechanism which prohibits non-stormwater discharges to your MS4? [Part III.D.3.b.]
YesNo
Q21 Did you identify any illicit discharges between January 1, 2021 and December 31, 2021? [Part III.D.3.h.(4)]
YesNo
Q22 Enter the number of illicit discharges detected:
4
Q23 How did you discover these illicit discharges? Check all that apply and enter the number of illicit discharges discovered by eachcategory.
Public complaint
Staff
Q24 Enter the number discovered by the public:
4
Q25 Enter the number discovered by staff:
0
Q26 Did any of the discovered illicit discharges result in an enforcement action (this includes verbal warnings)?
YesNo
Q30 Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your illicit discharge regulatorymechanism(s)? [Part III.B.]
YesNo
Q31 Between January 1, 2021 and December 31, 2021, did you train all field staff in illicit discharge recognition (including conditions which
could cause illicit discharges) and reporting illicit discharges for further investigations? [Part III.D.3.e.]
Yes
No
Q32 How did you train your field staff? Check all that apply.
Email
PowerPoint
PresentationVideo
Field Training
Other
The following questions refer to Part III.C.1. of the Permit.
Q33 Did you update your storm sewer system map between January 1, 2021 and December 31, 2021? [Part III.C.1.]
YesNo
Q34 Does your storm sewer map include all pipes 12 inches or greater in diameter and the direction of stormwater flow in those pipes?[Part III.C.1.a.]
Yes
No
Q35 Does your storm sewer map include outfalls, including a unique identification (ID) number and an associated geographic coordinate?
[Part III.C.1.b.]
Yes
No
Q36 Does your storm sewer map include all structural stormwater BMPs that are part of your MS4? [Part III.C.1.c.]
Yes
No
Q37 Does your storm sewer map include all receiving waters? [Part III.C.1.d.]
Yes
No
Q38 In what format is your storm sewer map available?
Hardcopy only
GISCADOther
Q39 Between January 1, 2021 and December 31, 2021, did you modify your BMPs, measurable goals, or future plans for your illicit
discharge detection and elimination (IDDE) program? [Part IV.B.]
Yes
No
MCM 4: Construction Site Stormwater Runoff Control
The following questions refer to Part III.D.4. of the Permit.
Q40 Do you have a regulatory mechanism that is at least as stringent as the Agency's general permit to Discharge Stormwater Associatedwith Construction Activity (CSW Permit) No. MN R100001 (http://www.pca.state.mn.us/index.php/view-document.html?gid=18984) for
erosion and sediment controls and waste controls? [Part III.D.4.a.]
Yes
No
Q41 Have you developed written procedures for site plan reviews as required by the Permit? [Part III.D.4.b.]
Yes
No
Q42 Have you documented each site plan review as required by the Permit? [Part III.D.4.f.]
Yes
No
Q43 Enter the number of site plan reviews conducted for sites an acre or greater of soil disturbance between January 1, 2021 and
December 31, 2021:
9
Q44 What types of enforcement actions do you have available to compel compliance with your regulatory mechanism? Check all thatapply and enter the number of each used from January 1, 2021 to December 31, 2021.
Verbal warnings
Notice of violationAdministrative orders
Stop-work orders
Fines
Forfeit of security of bond money
Withholding of certificate of occupancy
Criminal actions
Civil penalties
Other
Enter thenumber ofverbalwarningsissued:
4
Enter thenumber ofnotice ofviolationsissued:
0
Enter thenumber ofadministrativeorders issued:
0
Enter thenumber ofstop-workorders issued:
0
Enter thenumber offines issued:
0
Enter thenumber offorfeitures ofsecurity bondmoney issued:
0
Enter thenumber ofwithholdings ofcertificate ofoccupancyissued:
0
Enter thenumbercriminalactions issued:
0
Enter thenumber of civilpenaltiesissued:
0
Q45 Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your construction site stormwater runoff
control regulatory mechanism(s)? [Part III.B.]
Yes
No
Q46 Enter the number of active construction sites an acre or greater that were in your jurisdiction between January 1, 2021 and December
31, 2021:
14
Q47 Do you have written procedures for identifying priority sites for inspections? [Part III.D.4.d.(1)]
Yes
No
Q48 How are sites prioritized for inspections? Check all that apply.
Site topography
Soil characteristics
Types of receiving water(s)
Stage of construction
Compliance history
Weather conditions
Citizen complaints
Project size
Other
Q49 Do you have a checklist or other written means to document site inspections when determining compliance? [Part III.D.4.d.(4)]
YesNo
Q50 Enter the number of site inspections conducted for sites an acre or greater between January 1, 2021 and December 31, 2021:
187
Q51 Enter the frequency at which site inspections are conducted (e.g. daily, weekly, monthly): [Part III.D.4.d.(2)]
Depends on time of year and weather conditions. At a minimum required weekly during growing season.
Q52 Enter the number of trained inspectors that were available for construction site inspections between January 1, 2021 and December31, 2021:
4
Q53 Provide the contact information for the inspector(s) and/or organization that conducts construction stormwater inspections for yourMS4. List your primary construction stormwater contact first if you have multiple inspectors.
(1) Inspectorname Randy Slick
Organization City of Eden Prairie
Phone(Office)
Phone(Work Cell)
Email RSlick@edenprairie.org
Preferredcontactmethod Email
(2) Inspectorname Patrick Sejkora
Organization City of Eden Prairie
Phone(Office)
Phone(Work Cell)
Email PSejkora@edenprairie.org
Preferredcontactmethod Email
(3) Inspectorname Dane Rolloff
Organization City of Eden Prairie
Phone(Office)
Phone(Work Cell)
Email DRolloff@edenprairie.org
Preferredcontactmethod Email
Q54 What training did inspectors receive? Check all that apply.
University of Minnesota Erosion and Stormwater Management Certification Program
Qualified Compliance Inspector of Stormwater (QCIS)
Minnesota Laborers Training Center Stormwater Pollution Prevention Plan Installer or Supervisor
Minnesota Utility Contractors Association Erosion Control Training
Certified Professional in Erosion and Sediment Control (CPESC)
Certified Professional in Stormwater Quality (CPSWQ)Certified Erosion, Sediment and Storm Water Inspector (CESSWI)
Other
Q55 Between January 1, 2021 and December 31, 2021, did you modify your BMPs, measurable goals, or future plans for your
construction site stormwater runoff control program? [Part IV.B.]
Yes
No
MCM 5: Post-Construction Stormwater Management
The following questions refer to Part III.D.5. of the Permit.
Q56 Do you have a regulatory mechanism which meets all requirements as specified in Part III.D.5.a. of the Permit?
YesNo
Q57 What approach are you using to meet the performance standard for Volume, Total Suspended Solids (TSS), and Total Phosphorus(TP) as required by the Permit? [Part III.D.5.a.(2)]
Check all that apply.
Refer to the link http://www.pca.state.mn.us/index.php/view-document.html?gid=17815 for guidance on stormwater management
approaches.
Retain a runoff volume equal to one inch times the area of the proposed increase of impervious surfaces on-site
Retain the post-construction runoff volume on site for the 95th percentile storm
Match the pre-development runoff conditions
Adopt the Minimal Impact Design Standards (MIDS)
An approach has not been selected
Other method (Must be technically defensible--e.g. based on modeling, research and acceptable engineering practices)
Other, describe:
Must also meet watershed district requirements
Q58 Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your post-construction stormwatermanagement regulatory mechanism(s)? [Part III.B.]
YesNo
Q59 Between January 1, 2021 and December 31, 2021, did you modify your BMPs, measurable goals, or future plans for your post-
construction stormwater management program? [Part IV.B.]
Yes
No
MCM 6: Pollution Prevention/Good Housekeeping for Municipal Operations
The following questions refer to Part III.D.6. of the Permit.
Q60 Enter the total number of structural stormwater BMPs, outfalls (excluding underground outfalls), and ponds within your MS4 (excludeprivately owned).
StructuralstormwaterBMPs 682
Outfalls 1505
Ponds 706
Q61 Enter the number of structural stormwater BMPs, outfalls (excluding underground outfalls), and ponds that were inspected fromJanuary 1, 2021 to December 31, 2021 within your MS4 (exclude privately owned). [Part III.D.6.e.]
StructuralstormwaterBMPs 682
Outfalls 332
Ponds 151
Q62 Have you developed an alternative inspection frequency for any structural stormwater BMPs, as allowed in Part III.D.6.e.(1) of the
Permit?
YesNo
Q63 Based on inspection findings, did you conduct any maintenance on any structural stormwater BMPs? [Part III.D.6.e.(1)]
YesNo
Q64 Briefly describe the maintenance that was conducted:
Maintenance was completed through sump clean-outs, cleaning of sediment from inlets/outlets, vegetation removal aroundinlets/outlets, pipe jetting, pipe repairs, dredging, stabilization of erosion and pipe replacement.
Q65 Do you own or operate any stockpiles, and/or storage and material handling areas? [Part III.D.6.e.(3)]
Yes
No
Q66 Did you inspect all stockpiles and storage and material handling areas quarterly? [Part III.D.6.e.(3)]
YesNo
Q67 Based on inspection findings, did you conduct maintenance at any of the stockpiles and/or storage and material handling areas?
YesNo
Q68 Briefly describe the maintenance that was conducted:
Performed minor clean-up such as removing and disposing of excess material, sweeping and moving piles.
Q69 Between January 1, 2021 and December 31, 2021, did you modify your BMPs, measurable goals, or future plans for your pollution
prevention/good housekeeping for municipal operations program? [Part IV.B.]
YesNo
Partnerships
Q78 Did you rely on any other regulated MS4s to satisfy one or more Permit requirements?
Yes
No
Additional Information
If you would like to provide any additional files to accompany your annual report, use the space below to upload those files. For eachspace, you may attach one file. You may provide additional explanation and/or information in an email with the subjectYourMS4NameHere_2021AR to ms4permitprogram.pca@state.mn.us.
Q80 Click the "up arrow" icon below to upload a file. When it has uploaded successfully, a unique ID will appear in the box. Only files lessthan 10 MB in size will upload.
ref:0000000024:Q80
Q81 Click the "up arrow" icon below to upload a file. When it has uploaded successfully, a unique ID will appear in the box. Only files lessthan 10 MB in size will upload.
Q82 Click the "up arrow" icon below to upload a file. When it has uploaded successfully, a unique ID will appear in the box. Only files lessthan 10 MB in size will upload.
Q83 Optional, describe the file(s) uploaded:
Owner or Operator Certification
The person with overall administrative responsibility for SWPPP implementation and Permit compliance must certify this MS4 AnnualReport. This person must be duly authorized and should be either a principal executive (i.e., Director of Public Works, CityAdministrator) or ranking elected official (i.e., Mayor, Township Supervisor).
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordancewith a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, theinformation submitted is, to the best of my knowledge and belief, true, accurate, and complete (Minn. R. 7001.0070). I am aware that
there are significant penalties for submitting false information, including the possibility of fine and imprisonment (Minn. R. 7001.0540).
Yes
By typing my name in the following box, I certify the above statements to be true and correct, to the best of my knowledge, and thatinformation can be used for the purpose of processing my MS4 Annual Report.
Name:
Title:
Date:(mm/dd/yyyy)
When you are ready to submit, you must click the 'Submit' button at the bottom of this
page.
Provide the email(s) of the individual(s) you would like to receive the MS4 Annual Report for 2021 submittal confirmation email fromthe MPCA. After you click the Submit button below, please allow up to three business days to receive this email.
Email (1)
Email (2)
Email (3)
Print or save a copy of your completed MS4 Annual Report for 2021 for your records. The MPCA will email a formattedversion of your MS4 Annual Report for 2021 in a confirmation email within three business days after you submit this form tothe email(s) you provided above.
You may print a copy of the MS4 Annual Report for 2021 for your records by pressing the ‘Print’ button at the bottom of the page.
Additionally, it is possible to save a PDF copy of the MS4 Annual Report for 2021 if you are working on a computer with OneNote (aprogram often included in Microsoft Office packages). Detailed saving instructions are available atstormwater.pca.state.mn.us/index.php/Guidance_for_saving_MS4_annual_reports.
If you have any questions, contact MPCA staff Cole Landgraf (cole.landgraf@state.mn.us, 651-757-2880).
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE
June 14, 2022
DEPARTMENT / DIVISION
Jennifer Hassebroek
Public Works/Engineering
ITEM DESCRIPTION
Approve the Metropolitan Council Clean Water Fund Grant Agreement No. SG-17768
ITEM NO.
VIII.M.
Requested Action Move to: Approve the Metropolitan Council Clean Water Fund Grant Agreement No. SG-17768.
Synopsis The City’s water conservation rebate program has been awarded $44,000 in grant funds from the Metropolitan Council to support residential water conservation rebates in Eden Prairie.
Background In 2019, the city received a grant from the Metropolitan Council for up to $37,300 to be used in a rebate program that encourages installation of smart irrigation controllers and spray bodies for water
conservation. In 2021, the city was granted an additional $7,000 to be used through the end of the grant
period on June 30, 2022. The city is reimbursed quarterly per rebate issued and must provide a 25% match. So far, there have been 240 rebates processed with a total investment of $44,736.84. Of that total, $33,551.84 in funding was from the Met Council grant and $11,185 was city match.
The city submitted a grant application for the 2022-2024 funding cycle to continue the rebate program.
This round of funding requires a lower 20% match from the city for any grant dollars spent. The total program budget requested was $62,500 ($50,000 from the Met Council, $12,500 match from the city). Due to stronger demand than available grant dollars, the request was funded for a total program budget
of $55,000 ($44,000 grant from the Met Council, $11,000 match from the city). The new grant period
runs until June 30, 2024 and will cover the smart irrigation controllers and spray body rebates at the current amounts. Attachment
Metropolitan Council Clean Water Fund Grant Agreement No. SG-17768
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 14, 2022
DEPARTMENT/DIVISION:
Carter Schulze
Public Works / Engineering
ITEM DESCRIPTION: I.C. 22808
Award Contract for the 2022 ADA Pedestrian Ramp Project to Standard Sidewalk Inc.
ITEM NO.:
VIII.N.
Requested Action
Move to: Award contract for the 2022 ADA Pedestrian Ramp Project to Standard Sidewalk Inc. in the amount of $171,171.50. Synopsis
Six bids were received on Thursday, June 2, 2022 for this project. The bids received are summarized as follows: Standard Sidewalk, Inc. - $171,171.50 Ti-Zack Concrete, Inc. - $177,566.37
BKJ Excavating - $203.227.75 Pember Companies, Inc. - $229,602.90 Erickson Infrastructure - $235,460.36 JL Theis, Inc. - $259,324.00
City staff recommends awarding the contract for the project to Standard Sidewalk Inc., in the amount of $171,171.50. Background Information
This contract provides for the construction of pedestrian ramp improvements as part of the overall ADA transition plan. Ramps included in this project are along Wallace Road between Venture Lane and Technology Drive and along Village Woods Drive from Scenic Heights Road and Mitchell Road. Project Cost Summary The engineer’s estimate for this project was $187,198, which included a 20% contingency based on current volatility in the bidding market. This project will utilize the Capital Maintenance and Reinvestment Fund as well as a portion of new sidewalk funding from the Parks Department. Attachment Contract Agreement
1/2022
CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this 14th day of June 2022, by and between City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the "CITY", and Standard Sidewalk, Inc., a Minnesota corporation, hereinafter referred to as the "CONTRACTOR",
WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of
the Plans and Specifications prepared by the Public Works Department referred to in
Paragraph IV, as provided by the CITY for: I.C. # 22808, ADA Pedestrian Ramp Project
CONTRACTOR further agrees to do everything required by this Agreement and the Contract
Document. II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached
hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in
the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $171,171.50. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts: (1) Legal and Procedural Documents
a. Advertisement for Bids
b. Instruction to Bidders c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond
f. Contractor's Payment Bond
g. Responsible Contractor Verification Form (2) Special Conditions
(3) Detail Specifications
(4) General Conditions
C-2
22808 2022 ADA Pedestrian Ramp Project
(5) Plans
(6) Addenda, Supplemental Agreements and Change Orders
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract.
V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement shall be executed in one (1) copy.
(signature pages follow)
C-3
22808 2022 ADA Pedestrian Ramp Project
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands and seals as
of the date first above written.
CITY OF EDEN PRAIRIE
By: _______________________________
Its: Mayor
By: _______________________________ Its: City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of _______________, 20___, by _________________________and _____________________, respectively the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation.
_____________________________ Notary Public
CONTRACTOR
______________________________
By: __________________________________ Printed Name: _________________________
Its: _______________________________
Title
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 14, 2022
DEPARTMENT/DIVISION:
Megan Larson
Public Works / Engineering
ITEM DESCRIPTION: I.C. 22832
Approve Professional Services Agreement with Hansen Thorp Pellinen Olson, Inc. for Highway 101 Watermain Extension Project
ITEM NO.:
VIII.O.
Requested Action
Move to: Approve Professional Services Agreement with Hansen Thorp Pellinen Olson, Inc. (HTPO) for Design for the Highway 101 Watermain Extension Project in the amount of $33,000. Synopsis
This Professional Services Agreement will include survey, preliminary design, construction documents, bid administration, and additional design services for the Highway 101 Watermain Extension Project. Background Information The project will connect the existing watermain from Kristie Lane to Twilight Trail along Highway 101. Connection of the existing mains will allow for less water service interruptions and increased water capacity. The design is to be completed in 2022, and construction for the
project is to be completed in Spring/Summer 2023. Project Cost Summary The work will be funded with the Water Utility Fund.
Attachments Professional Services Agreement
2021 04 22
Version 2021 04 22
Agreement for Professional Services
This Agreement (“Agreement”) is made on the 14th day of June, 2022, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen Thorp Pellinen Olson, Inc. (“Consultant”), a Minnesota corporation (hereinafter “Consultant”) whose business address is 7510 Market Place Drive #101, Eden Prairie, MN 55344.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Highway 101 Watermain Extension Project 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 (HTPO letter dated June 3, 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 June 14, 2022 through October 31, 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 $33,000 for the services as described in Exhibit
A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay
additional compensation for services that do not have prior written authorization.
b. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City.
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
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
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
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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
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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
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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
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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
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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
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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
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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:
7510 Market Place Drive Eden Prairie, MN 55344 Phone: 952-829-0700 Fax: 952-829-7806 www.htpo.com
HANSEN THORP PELLINEN OLSON, INC.
June 3, 2022
Carter Schulze, PE
Assistant City Engineer
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: Hwy 101 Watermain Extension Project
Dear Carter,
HTPO is pleased to provide this proposal for land surveying and civil engineering services
for the Hwy 101 Watermain Extension project. Per our meeting with you and Megan
Larson on May 26, 2022, it is our understanding that the proposed improvements are to
include installing an 8” watermain (~670 feet) (assumed via directionally drilled) on the
east side of Hwy 101 between Twilight Lane and Kristie Lane.
SCOPE OF SERVICES
We propose to provide the following services:
1. Boundary and Topographic Survey Boundary and topographic survey of the project area described above including the
following items:
a. Portrayal of underground utilities based upon a Gopher State One Call
(GSOC) request, mapping provided by utility operators, and field survey of
marked utilities
b. Identify existing right of way lines and easements per data available from
the Hennepin County RecordEase system
c. Spot elevations on significant structures and features, such as drives, curb,
sidewalk, and roadway
d. Spot elevations on hydrants and gate valves
e. Rim and invert elevations on sanitary sewer and storm sewer utilities
2. Wetland Investigation (by Kjolhaug Environmental Services)
a. Site visit to determine presence of wetland(s)
b. Develop a no-wetland memo for submittal to the watershed
c. If it is determined that a wetland is within and/or adjacent to the project
area, a wetland delineation with be performed along with developing a
report
City of Eden Prairie – Hwy 101 Watermain June 3, 2022
Page 2
3. Preliminary Design
a. Preliminary design documents, including a watermain plan and profile and
traffic control plan
b. Determine if temporary and/or permanent easements will be required
c. Preliminary engineer’s estimate
d. Coordination with City and MnDOT
e. One meeting with City
4. Easements (If Required)
a. Title research, limited to name of owner and existing easements
b. Prepare temporary easement exhibits including legal descriptions for up to
4 properties.
c. Prepare permanent drainage and utility easement exhibit including legal
description for up to 1 property. d. Stake proposed easements for verification by City and property owners
e. Coordination/Communication with City
5. Construction Documents
a. Final design drawings for contractor bidding based on the preliminary
design plans incorporating City review comments and including
removals/restoration, temporary erosion & sediment control, and
construction details
b. Prepare specifications
c. Final engineer’s estimate
d. MnDOT review submittal and permitting for working in MnDOT ROW
e. Riley Purgatory Bluff Creek Watershed (RPBCWD) permit submittal for Rule
C - Erosion Prevention and Sediment Control only
f. Minnesota Department of Health Permit for Watermain
g. One meeting with City
6. Bid Administration
a. Assist City with posting final construction documents for bidding on
QuestCDN
b. Answer bidder’s questions
c. Prepare addendums, if needed
d. Attend bid opening
e. Review bids and provide recommendation for award
ASSUMPTIONS
• We assume one round of City review comments at both the 60% and 90%
submittal milestones.
• Roadway improvements will not be required.
• Project funding is exclusively by the City of Eden Prairie.
• Watermain is to be directionally drilled keeping the area of disturbance under
5,000 sf. Therefore, RPBCWD’s requirements under Rule J – Stormwater
Management will not need to be met.
• MPCA stormwater permit and a SWPPP will not be required (less than one acre
of disturbance is assumed).
• There will be no wetland disturbance.
• Geotechnical services will be by others, if needed.
• Notifications and communications with adjacent property owners will be by the
City.
City of Eden Prairie – Hwy 101 Watermain June 3, 2022
Page 3
• Attendance at a neighborhood meeting is not required.
• Developing presentation materials/exhibits for City board and/or neighborhood
meetings is not included.
• Easement negotiations and acquisitions will be by the City.
• Appraisals, if required, will be by others.
• The City will record all documents that they would like recorded.
• Permit fees will be paid by City.
• If directed by the City, we will provide a separate proposal fee for construction
administration following the bid administration phase.
SCHEDULE
We will begin our scope of work within two weeks of receiving authorization to begin.
We assume all work will be performed in 2022. It our understanding that the City is
anticipating to begin construction in late Spring / early Summer 2023.
COMPENSATION
Compensation for those items described in the Scope of Services above are estimated as
follows:
Total Not to Exceed Fees and Expenses $ 33,000
PAYMENT
Invoices will be submitted based on actual hours worked using a 2.4 multiplier times direct
personal expense, and reimbursable expenses incurred (printing, courier, and other out-
of-house documents and fees). We will keep you informed of our work progress and the above fee estimate will not be exceeded without prior approval from your office. We
invoice our services monthly payable within 30 days.
CONCLUSION
We appreciate this opportunity to be a resource to you and we look forward to working
with you on this project! If you have any questions or need additional information, please
do not hesitate to contact us.
Sincerely,
HANSEN THORP PELLINEN OLSON, INC.
Adam Pawelk, P.E. Laurie Johnson, P.E.
Project Manager | Officer President
Cc: Megan Larson
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 14, 2022
DEPARTMENT/DIVISION:
Patrick Sejkora
Public Works / Engineering
ITEM DESCRIPTION: I.C. 20815
Approve Professional Services Agreement with Hansen Thorp Pellinen Olson, Inc. for Construction Administration for the Manor Road N
Drainage Improvements Project
ITEM NO.:
VIII.P.
Requested Action
Move to: Approve Professional Services Agreement with Hansen Thorp Pellinen Olson, Inc. (HTPO) for Construction Administration for the Manor Road N Drainage Improvements Project in the amount of $36,000.
Synopsis This Professional Services Agreement will include construction administration, construction staking, construction observation, and additional design services for the Manor Road N Drainage
Improvements Project.
Background Information This Project includes pavement reconstruction, curb and gutter construction, storm sewer
installation, and sump pump collection system installation along Manor Road North between
Undestad Street and West 168th Avenue. The work will provide benefit to the street pavement as well as resolve longstanding drainage issues. Construction for the Project is to be completed in Summer 2022 in conjunction with the pavement management project. Project Cost Summary The work will be funded with Pavement Management and Stormwater funds. The construction costs of the Manor Road N Drainage Improvements Project is $329,043.75. Attachment Professional Services Agreement
2021 04 22
Version 2021 04 22
Agreement for Professional Services
This Agreement (“Agreement”) is made on the 14th day of June, 2022, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Hansen Thorp Pellinen Olson, Inc. (“Consultant”), a Minnesota corporation (hereinafter “Consultant”) whose business address is 7510 Market Pl Dr # 101, Eden Prairie, MN 55344.
Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations
providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Manor Rd N Drainage Improvements (I.C. 20815) Construction Administration hereinafter referred to as the “Work”.
The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (Proposal Dated June 6, 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 June 14, 2022 through October 31, 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 $36,000.00 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
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actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any,
due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: a. Access to the Area. Depending on the nature of the Work, Consultant may from
time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work.
b. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant.
c. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project.
d. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or
materials, equipment, elements and systems pertinent to the work covered by this
Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices
submitted shall be paid in the same manner as other claims made to the City for:
a. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements
submitted for payment in compliance with Minnesota Statutes Sections 471.38 and
471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing,
past payments and unexpended balance of the contract.
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
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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
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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
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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
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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
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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
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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
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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
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examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement.
b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as
defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this
Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement.
Executed as of the day and year first written above. CITY OF EDEN PRAIRIE
__________________________ ___ _____ Mayor
______________________________ _____
City Manager
CONSULTANT
_______________________________________ By: Its:
EXHIBIT A
7510 Market Place Drive
Eden Prairie, MN 55344
Phone: 952-829-0700
Fax: 952-829-7806
www.htpo.com
HANSEN THORP PELLINEN OLSON, INC.
June 6, 2022
Patrick Sejkora, P.E.
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Re: Manor Rd N Drainage Improvements (I.C. 20815)
Construction Administration
Dear Patrick,
HTPO is pleased to provide this proposal for construction administration, staking
and observation services for the Manor Road N Drainage Improvements Project.
It is our understanding that BKJ Land Company will be performing the work as
the contractor
SCOPE OF SERVICES
We propose to provide the following additional services:
1. Construction Administration
Includes 1 preconstruction meeting
Communication and coordination with Contractor
Shop drawing review
Processing pay requests
Project closeout
2. Construction Staking
Includes a one-time staking on the project for the following:
Centerline grade at 50’ intervals and critical grade breaks/transitions
Line & grade for curb & gutter
Establishing 2 site benchmarks
Line & grade for storm sewer, structures & drainage box Locations
3. Construction Observation
Includes up to 160 hours of construction observation (equal to 5-6
hours/day for 6 weeks)
Final punch list
4. Additional Design Services
Includes additional design and detailing for inclusion of street profile &
superelevation plan and sump pump collection systems east of 168th.
City of Eden Prairie – Manor Rd N Drainage Improvements
June 6, 2022
Page 2
ASSUMPTIONS
Estimated 6 weeks of construction activity assuming no substantial weather
delays.
SCHEDULE
We assume that all work, including close-out, will be completed by October 31,
2022.
COMPENSATION
Compensation for those items described in the Scope of Services above are
estimated as follows:
Total Fees and Expenses $ 36,000
PAYMENT
Invoices will be submitted based on actual hours worked using a 2.4 multiplier
times direct personal expense, and reimbursable expenses incurred (printing,
courier, and other out-of-house documents and fees). We will keep you informed
of our work progress and the above fee estimate will not be exceeded without
prior approval from your office. We invoice our services monthly payable within
30 days.
Thank you for this opportunity to provide our services.
Sincerely,
HANSEN THORP PELLINEN OLSON, INC.
Aaron Carrell, P.E. Adam Pawelk, P.E.
Engineering Manager Officer
Requested Action Adopt the resolution approving the appointment of election judges for the August 9, 2022,
Primary Election. Synopsis State Statute 204B.21, Subd.2 requires appointment of election judges by the City Council at
least 25 days before the election. Attachment Resolution
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 14, 2022
DEPARTMENT/DIVISION: Office of City Manager Nicole Tingley, City Clerk
ITEM DESCRIPTION:
Adopt Resolution Approving Appointment of Election Judges for the 2022 Primary Election
ITEM NO.:
VIII.Q.
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2022-___
WHEREAS, Minnesota Election Law 204B.21 requires that persons serving as election judges
be appointed by the Council at least 25 days before the election. BE IT RESOLVED by the City Council of the City of Eden Prairie that the following persons have agreed to serve as election or alternate judges and are appointed for the Primary Election to be held August 9, 2022.
James Allen Fern Amit Londa Amundson
Cheryl Anderson Beverly Annunziato Tony Arndt James Ashley Blakelyn Bailey Linda Baillie
Jessica Ballantine Jaymin Baroda Richard Barry John Barth
Nancy Bates Bernadine Beauvais
Lynnemarie Benz Rachel Benzine Steven Berglund Denise Beusen
Jon Beusen Michael Biermaier
Laura Bishop Judith Bissonett
Charles Boline Nancy Bollweg
Ingrida Borggreve Sharon Borine Prinna Boudreau Stacey Bozanich
Randall Bradley John Brecount
David Brennan Christine Brinkman
Tyra Brosseau Sami Brouwer
Toweya Brown-Ochs William Buffington
Joyce Butler Carol Cansdale
Karen Carl Eric Christiansen
Susan Clark
Barbara Clay Jan Cody
Nancy Conboy John Conley Marilyn Corrigan Ellen Crump
Jonathan Culbertson Gene Dahlke Jayne Dakay Barbara Decker
Janet Deems Christy DePasquale
Mike Diede Lynette Disrud Carolyn Dixon Bob Dover
Lisa Doyle Adam Driscoll Joseph Dupont Steven Durham Daniel Dylla Joyce Edwards
Janet Eian Kimberly Eiden Jonathan Emro Christina Factor Kelly Fager Diane Falkum Thomas Fidler Rod Fisher John Forster Lynn Foulke Margaret Francazio Monica Frischkorn Donnamae Fritz Tamara Gambino Nancy Geiger Norbert Gernes Elizabeth Gherity Margaret Gibson
John Goergen Andrea Gorrilla Chris Hallin
Matthew Hansen Sherry Harms Glenda Hawkins Paul Hawkins Donald Hayden Gretchen Haynes
Susan Hedberg Lisa Heinecke Laurie Hemstock William Henry
Garrett Hetchler Rosemarie Hilk
Mary Hoch Lori Hulstein Stephen Hunt Jennifer Iverson
Kristi Jackson Sarah Jackson
Katherine Janes Jamie Jensen
Patricia Jensen Allison Johnson
Carla Johnson David Baird Johnson Terri Johnson Therese Johnson
Tony Kelleran Isaac Kerry
John Kingery Barbara Kistle Robert Kitt, Jr. Timothy Knaeble
Toni Knorr Stacey Koehler
Laurie Koering Anne Kollmeyer
Fred Koppelman Jessica Kuenzli
Mary Lambert
Carole Langehaug Meghan Lannan
Christine Lasley Sara Leigh Scott Leverenz Richard Levesque
Stephanie Liestman Brian Link Mary Lofstrom Linda Lonn
Jill Maczka Perdip Mand
Dawn Martin John McCulloch Patricia McCulloch Lorene McWaters
Rose Ann Meier Lori Mertens Helen Meyers Jean Miller Margaret Mitchell Michael Moesenthin
Danisbel Montano Sosa Michael Moriarity Suzanne Murphy Lorraine Nichels Leah Nordquist Candi O'Hara Mike Ochs Judy Olson Sandra Olson Margaret Olson-Thomsen Gregory Orne Nancy Orne Joanna Page Joan Palmquist Barbara Pederson Matthew Pellowski Mary Perkins Jennifer Peruzzi
John Peters Sharon Peterson Megan Petkoff Carol Pierce Cheryl Poling Patricia Provencher
Donald Ramler Vivian Rank Lori Rau Leonard Reiland David Reilly Paula Rheault
Barbara Rightler Anne Ringquist Nancy Robertson Gary Rodekuhr
Shari Rogalski Lisa Rogers
Karen Rosenlund Vickie Rudolph
Rod Rue Renee Rushdy Michael Ruth Thomas Ryan
Paula Rylander Mark Sadler
Richard Samuelson Julie Schindel
Connie Schlundt Colleen Schultz
Marianne Seidenstricker Cheryl Sherbrooke
David Sherman Bennett Shields
Jennifer Shinners Lisa Sisinni
Richard Skala Anthony Staffenhagen
Andrew Stavast Lisa Stene
Mary Stoecker Suzanne Stordahl Stieg Strand Amy Strezo
Gail Stroinski Lisa Stuart
Cindy Sundberg Jill Swanson Sarah Swanson Mary Tambornino
Roy Terwilliger Cynthia Theisen Judith Truc Julie Tufford Blaine Turk Scott Turnbull
Autumn Tysk Kathy Ulmer Randi Usher Patricia Vagnoni
Pamela Vanek Mark Voorhees Wade Wacholz Walter Wagner Rebecca Waller Lori Waltzer Huaping Wang Ann Watanabe Terese Waters-McCabe Lauren Weaver Mark Weber Bob Wentzel June Weston Lane Wigley Thomas Wilson James York Norman York Julie Young
BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. ADOPTED by the Eden Prairie City Council on this 14th day of June, 2022.
_______________________
Ronald A. Case, Mayor ATTEST:
_______________________ Nicole Tingley, City Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
June 14, 2022
DEPARTMENT/DIVISION:
Jason Goblirsch, Parks Construction Supervisor, Parks and Recreation
ITEM DESCRIPTION:
Award Contract for Batting Cages at Miller Park and a Fence Extension at Franlo Park Pickleball Courts.
ITEM NO.:
VIII.R.
Motion
Move to: Award contract for construction of batting cages at Miller Park and a chain link fence extension at Franlo Park pickleball courts to Century Fence in the amount of $51,500. Synopsis
Franlo Park pickleball courts were installed in 2015. Since that time noise from the courts has been a concern for nearby residents. A fence extension will be the backbone for the installation of a sound attenuating system that will reduce the amount of noise. Miller Park baseball fields are heavily used and host several tournaments throughout the season.
Several fields within Miller Park currently have batting cages. The addition of two more will further improve these facilities and provide additional support to our youth softball and baseball association programs. Funding for the project is supported by a grant from Hennepin County. Background
The scope of this project is to build new batting cages at Miller Park fields 1 & 3 and to build a new 10’ tall fence across the southern edge of the pickleball courts at Franlo Park in preparation for a new sound attenuating system to dampen the noise from the pickleball courts.
The funding for this construction project comes from the Parks General Maintenance budget and a grant from Hennepin County. Bid Summary and Recommendation The summary of the bids submitted is as follows:
2022 Miller Batting Cages and Franlo Chain Link Fence Extension
Century Fence $51,500
Town & Country Fence $59,500
Attachment
Standard Agreement for Contract Services
2017 06 01
Agreement for Contract Services
This Agreement (“Agreement”) is made on the 14th day of June, 2022, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Century Fence, a Minnesota company (hereinafter "Contractor") whose business address is 14839 Lake Dr. NE Forest Lake, MN 55025.
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 construction of new batting cages at Miller Park fields 1 & 3 and a chain link fence extension at Franlo Park pickleball court 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 June
14, 2022. The Work shall be completed by September 15, 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.
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
Standard Agreement for Contract Services 2017 06 01.01 Page 2 of 10
necessary image or attitude, in the judgment of the owner, to present a first class operation.
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 $51,500.00 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 designate 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.
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
Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 10
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-
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
Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 10
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
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.
Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 10
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
loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or
employees.
Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 10
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
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
Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 10
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. 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.
Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 10
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 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
Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 10
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
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.
Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 10
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
__________________________________ Ronald A. Case, Mayor
___________________________________ Rick Getschow, City Manager
CONTRACTOR
By: ________________________________
Its: _______________________________
CITY COUNCIL AGENDA
SECTION: Public Hearing
DATE:
June 14, 2022
DEPARTMENT/DIVISION:
Ashton Kogel
Public Works / Engineering
ITEM DESCRIPTION: Vacation 22-02
Vacation of Drainage and Utility Easements
ITEM NO.:
IX.A.
Requested Action Move to: Close the public hearing; and
Adopt the Resolution vacating Drainage and Utility Easements. Synopsis The developer of Crosstown Core Industrial Center has requested the vacation of the drainage
and utility easements as dedicated on Lot 1, Block 1, Crosstown Circle Addition, Hennepin County, Minnesota to facilitate the plat of Crosstown Circle Second Addition. The drainage and utility easement vacation is conditioned upon receipt of written confirmation from Lumen that they no longer object to said vacation. Background Information The drainage and utility easements were originally dedicated with the plat of Crosstown Circle Addition. New drainage and utility easements will be dedicated with the plat of Crosstown Circle Second Addition. The release of the resolution vacating the drainage and utility
easements shall be conditioned on the recording of the plat of Crosstown Circle Second Addition and the receipt of No Objection from Lumen. Attachments
• Resolution
• Location Map
• Site Plan
• Published Notice
• Notification List
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-
VACATION OF ALL THE DRAINAGE AND UTILTY EASEMENTS OVER LOT 1, BLOCK 1, CROSSTOWN CIRCLE ADDITION VACATION 22-02 WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as follows: All drainage and utility easements lying over, under and across Lot 1, Block 1, CROSSTOWN CIRCLE ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, as
delineated and dedicated on said CROSSTOWN CIRCLE ADDITION.
WHEREAS, a Public Hearing was held on June 14, 2022, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and
WHEREAS, the Council has been advised by City Staff that the proposed vacation of the above
described drainage and utility easements has no relationship to the comprehensive municipal plan; and WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no interest to the public, therefore, should be vacated.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as described above are hereby vacated.
2. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A.
412.851. 3. This Resolution is contingent upon and shall not be effective until the plat of Crosstown Circle Second Addition has been recorded with the County Recorder/Registrar of Titles as applicable
and a notice of No Objection has been received from Lumen. The City Clerk shall not present
the Notice of Completion of Proceedings to the County Auditor or file it with the County Recorder/Registrar of Titles until the plat of Crosstown Circle Second Addition is recorded and a notice of No Objection has been received from Lumen.
ADOPTED by the Eden Prairie City Council on June 14, 2022.
________________________ Ronald A. Case, Mayor ATTEST:
_______________________ Nicole Tingley, City Clerk
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SHADYOAKRD.MEL'SWAY99.100.101.102.EKSouth21221221261212212212626216961169G:\Engineering\Drawings\Public Works\Easements\Vacations\2022\VAC 22-02.dwg
DATE: 05/09/2022VACATION LOCATION MAPVAC 22-02SITE
NORTH1" = 100'Hatching denotesproposed easementvacationBLOCK1CROSSTOWN CIRCLE ADDITIONEasement to be Vacated:The drainage and utilityeasements within Lot 1, Block 1,CROSSTOWN CIRCLEADDITION, Hennepin County,Minnesota as dedicated on saidplat.
VACATION 22-02
NOTICE OF VACATION OF DRAINAGE AND UTILITY EASEMENTS AS DEDICATED ON LOT 1, BLOCK 1, CROSSTOWN CIRCLE ADDITION, HENNEPIN COUNTY, MINNESOTA
Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on June 14, 2022 at 7:00 p.m. to hear all persons
present upon the proposed vacation of public drainage and utility easements described as follows: Proposed legal description of drainage and utility easement to be vacated: Drainage and utility easements as delineated, dedicated and donated on CROSSTOWN CIRCLE ADDITION, Hennepin County, Minnesota to be vacated. Said easements described as follows: All drainage and utility easements as dedicated on Lot 1, Block 1, said CROSSTOWN CIRCLE ADDITION. By Order of the City Council Published in the Sun Sailor on May 26, 2022
NOTIFICATION LIST
VACATION REQUEST 22-02
A copy of the Public Hearing Notice has been sent to owners of the following parcels:
0111622130012 0111622130015 0111622130021 0111622130022 0111622130023 0111622130029 0111622130035 0111622130036 0111622130038
A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy
Century Link Communications Comcast Cable Xcel Energy
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
June 14, 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 291467 - 292117
Wire Transfers 1030699 - 1030910 Wire Transfers 8835 - 8874
Purchasing Card 8854
City of Eden Prairie
Council Check Summary
6/14/2022
Division Amount Division Amount
100 City Manager 58,424 306 Federal Forfeiture Drugs 330
101 Legislative 8,841 308 E-911 350
102 Legal Counsel 39,267 309 DWI Forfeiture 323
110 City Clerk 591 315 Economic Development 33,301
111 Customer Service 6,825 445 Cable PEG 16,383
112 Human Resources 448 502 Park Development 52,381
113 Communications 7,125 509 CIP Fund 31,779
114 Benefits & Training 7,412 513 CIP Pavement Management 5,828
130 Assessing 3,526 522 Improvement Projects 2006 2,699
131 Finance 476 526 Transportation Fund 3,666
132 Housing and Community Services 896 532 EP Road Connect Flying Cloud 716
133 Planning 131 539 2020 Improvement Projects 3,193
136 Public Safety Communications 29,570 540 Duck Lake Rd. Reconstruction 61,949
137 Economic Development 675 804 100 Year History 450
138 Community Development Admin.1,146 Total Capital Projects Fund 213,349
151 Park Maintenance 53,528
153 Organized Athletics 2,798 601 Prairie Village Liquor 225,828
154 Community Center 17,124 602 Den Road Liquor 385,776
155 Beaches 2,193 603 Prairie View Liquor 236,304
156 Youth Programs 18,805 605 Den Road Building 3,015
157 Special Events 515 701 Water Enterprise Fund 507,002
158 Senior Center 3,226 702 Wastewater Enterprise Fund 371,107
159 Recreation Administration 13 703 Stormwater Enterprise Fund 40,407
160 Therapeutic Recreation 82 Total Enterprise Fund 1,769,438
162 Arts 2,261
163 Outdoor Center 1,584 802 494 Commuter Services 54,555
168 Arts Center 8,195 806 SAC Agency Fund 49,700
180 Police Sworn 60,651 807 Benefits Fund 1,480,279
184 Fire 34,863 809 Investment Fund 5,494
186 Inspections 4,350 810 Workers Comp Insurance 264,406
200 Engineering 1,576 812 Fleet Internal Service 166,672
201 Street Maintenance 83,601 813 IT Internal Service 168,152
202 Street Lighting 153,625 814 Facilities Capital ISF 13,937
Total General Fund 614,343 815 Facilites Operating ISF 78,352
816 Facilites City Center ISF 87,513
301 CDBG 42,355 817 Facilites Comm. Center ISF 130,361
303 Cemetary Operation 3,979 Total Internal Svc/Agency Funds 2,499,422
Total Special Revenue Fund 46,334 Report Total 5,168,262
437 G.O. Perm. Improv. 2010A 1,590
440 GO Perm Impr Ref Bonds 2011D 3,001
441 2012A G.O. Refunding Bonds 15,071
442 2012B G.O. Refund Capital Imp 5,716
Total Debt Sevice Fund 25,377
City of Eden Prairie
Council Check Register by GL
6/14/2022
Check #Amount Supplier / Explanation Account Description Business Unit Comments
8865 361,243 HEALTHPARTNERS Medical/Dental Premiums Health and Benefits June 2022 Premiums
291593 346,661 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Fee June 2022
8857 275,402 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 05.20.22
8838 275,127 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 05.06.22
291769 264,406 LEAGUE MN CITIES INS TRUST WC Workers Comp Insurance Workers Comp Insurance Work Comp Premiums
8855 198,981 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 05.06.22
8836 196,575 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 04.22.22
8842 115,951 MINNESOTA DEPT OF REVENUE Sales Tax Payable Various funds April 2022 Sales Tax
291916 112,200 KEYS WELL DRILLING COMPANY Improvement Contracts Utility Operations - General EP Well 11 & 12 Project
1030863 111,008 XCEL ENERGY Electric Various funds Multi-location electric
8854 93,158 USB-PURCHASING CARD Licenses, Taxes, Fees Various funds
1030805 85,783 XCEL ENERGY Electric Various funds
1030910 75,809 XCEL ENERGY Electric Various funds
291546 63,003 BOLTON & MENK INC Design & Engineering 2020 Improvement Projects
8873 58,615 U S BANK Interest Water Capital
291594 49,203 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund
1030851 49,061 LOGIS Network Support IT Operating
291910 47,723 HYDROCORP Improvement Contracts Water Capital
291901 46,440 FORD OF HIBBING Autos Fleet - Police
1030847 46,353 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Various funds
291631 37,344 VIGILANT SOLUTIONS LLC Hardware - R&M IT Capital
291757 30,092 INDUSTRIAL PAINTING SPECIALISTS Equipment Repair & Maint Water Capital
8840 29,714 EMPOWER Deferred Compensation Health and Benefits
8859 29,648 EMPOWER Deferred Compensation Health and Benefits
291950 29,200 VANGUARD CONSTRUCTION INC Other Contracted Services Rehab
1030787 27,286 CENTERPOINT ENERGY Gas Various funds
292066 26,475 HULS BROS TRUCKING INC Lime Residual Removal Water Treatment
8874 25,377 U S BANK Interest 2012B GO Refund Capital Improv
291733 24,949 COMPASS MINERALS AMERICA, INC Salt Snow & Ice Control
292018 24,044 ABM ONSITE SERVICES-MIDWEST Janitor Service Various funds
291985 23,935 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
1030740 23,325 DIVERSE BUILDING MAINTENANCE Janitor Service Various funds
1030844 22,636 DIVERSE BUILDING MAINTENANCE Janitor Service Various funds
8868 21,711 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery
291920 21,376 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
1030750 20,579 RICE LAKE CONSTRUCTION GROUP Improvement Contracts Water Capital
8839 20,224 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
8858 20,218 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
291671 20,129 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
291837 19,637 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
1030888 19,435 ADVANCED ENGINEERING & ENVIRONMENTAL SE Equipment Repair & Maint Wastewater Lift Station
1030733 18,792 WSB & ASSOCIATES INC Other Contracted Services Historical Culture
291795 18,774 STRUCTUREWORKS FABRICATION Building Materials Park Acquisition & Development
292114 18,758 VIDEOTRONIX INC Other Contracted Services FF&E - Furn, Fixtures & Equip.
1030842 18,081 CENTERPOINT ENERGY Gas City Center - CAM
291556 18,075 COMPASS MINERALS AMERICA, INC Salt Snow & Ice Control
Check #Amount Supplier / Explanation Account Description Business Unit Comments
291630 18,040 VIDEOTRONIX INC Capital Under $25,000 Public Safety Communications
291959 17,260 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
291913 16,599 ISG Other Contracted Services Park Acquisition & Development
1030792 16,383 GRANICUS INC Other Contracted Services Cable PEG
291752 16,202 GRI EDEN PRAIRIE, LLC Licenses, Taxes, Fees Prairie Village Liquor Store
291784 16,136 PRAIRIEVIEW RETAIL LLC Licenses, Taxes, Fees Prairie View Liquor Store
1030800 15,569 PEARSON BROTHERS INC Sweeping Stormwater Non-Capital
1030896 15,376 GRANICUS INC Software Maintenance IT Operating
291845 15,233 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
292060 15,060 H & L MESABI Equipment Parts Fleet Operating
291909 14,872 HULS BROS TRUCKING INC Lime Residual Removal Water Treatment
291494 14,450 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
291502 14,270 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
292102 14,040 SEBCO INC Other Contracted Services Den Bldg. - CAM
292007 13,815 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
8850 13,582 FURTHER - AKA SELECT HSA - Employer Health and Benefits
8864 13,432 FURTHER - AKA SELECT HSA - Employee Health and Benefits
291976 12,719 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
8835 12,674 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission
8852 12,674 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission
291571 12,553 GENERAL REPAIR SERVICE Repair & Maint. Supplies Water Treatment
292112 12,500 TYLER TECHNOLOGIES INC Software IT Capital
291591 12,000 MCLAUGHLIN MICHAEL Other Contracted Services Economic Development Fund
291648 11,557 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
291828 11,525 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
291679 11,406 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
291530 11,401 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
291778 11,385 NOW MICRO INC Computers IT Operating
291975 11,242 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
291942 11,180 SSI KEF SLB LLC Electric Water Treatment
291771 11,150 MANSFIELD OIL COMPANY Equipment Parts Fleet Operating
291700 11,039 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
292108 10,792 STERLING FENCE INC Other Contracted Services Capital Maint. & Reinvestment
291782 10,709 PHOTOSHELTER INC Software Maintenance IT Operating
292078 10,556 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating
291903 10,498 GRAYMONT Treatment Chemicals Water Treatment
291799 10,451 VERIZON WIRELESS Capital Under $25,000 IT Operating
1030898 10,436 HANSEN THORP PELLINEN OLSON Design & Engineering Facilities Capital
291923 10,320 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital
291993 10,288 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
291936 10,124 PRESCRIPTION LANDSCAPE Landscape Materials/Supp Arts Center
291468 10,101 MINNESOTA LIFE INSURANCE COMPANY Life Insurance EE/ER Health and Benefits
291813 10,051 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
291932 10,000 PARTNERS TITLE Accounts Receivable TIF-Eden Shores Senior Housing
291859 8,968 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
291576 8,742 HEALTHPARTNERS Wages and Benefits 494 Corridor Commission
291829 8,714 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
1030878 8,500 GUNNAR ELECTRIC CO INC Contract Svcs - Electrical Park Shelters
1030902 8,494 POMP'S TIRE SERVICE INC Tires Fleet Operating
1030799 8,485 MINNESOTA EQUIPMENT Equipment Parts Fleet Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1030840 8,256 BIFFS INC Waste Disposal Utility Operations - General
291501 8,230 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
1030855 8,185 SHI CORP Software Maintenance IT Operating
291966 8,115 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
291866 8,103 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
291485 8,070 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
1030856 8,069 SRF CONSULTING GROUP INC Design & Engineering General Fund
291984 7,915 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
291870 7,709 M-R SIGN CO INC Signs Traffic Signs
291820 7,683 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
291977 7,640 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
291917 7,601 KODIAK CUSTOM LETTERING INC Clothing & Uniforms Tennis
8853 7,544 U.S. BANK - I-494 PURCH. CARD Marketing 494 Corridor Commission
1030797 7,508 MENARDS Operating Supplies City Hall (City Cost)
291998 7,466 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
291707 7,421 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
291952 7,374 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
292096 7,294 PVS TECHNOLOGIES INC Treatment Chemicals Water Treatment
291663 7,210 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
291875 7,064 ASPEN MILLS Postage Fire
291575 7,042 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF
291512 7,033 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
1030747 7,022 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC General Community Center
291953 6,908 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
1030862 6,776 WM MUELLER AND SONS INC Gravel Water Distribution
8872 6,685 CHASE Bank and Service Charges Wastewater Accounting
291472 6,681 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
292014 6,676 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
291662 6,642 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
291525 6,633 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
8870 6,550 FURTHER - AKA SELECT HRA Health and Benefits
291938 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications
291614 6,450 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal
291738 6,432 DRONESENSE INC Software Maintenance IT Operating
291851 6,086 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
291843 6,069 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
291908 6,000 HUEPER BRET Deposits General Fund
291999 5,985 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
291836 5,957 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
292062 5,841 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF
291895 5,834 DG MINNESOTA CS 2021 LLC Electric Facilities Operating ISF
291749 5,828 GOODPOINT TECHNOLOGY INC Design & Engineering CIP Pavement Management
292044 5,695 CORE & MAIN Repair & Maint. Supplies Water Distribution
291617 5,646 STANTEC CONSULTING SERVICES INC Design & Engineering Stormwater Capital
291852 5,545 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
291670 5,382 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store
291509 5,368 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
292058 5,344 GRAYMONT Treatment Chemicals Water Treatment
291750 5,323 GRAYMONT Treatment Chemicals Water Treatment
1030746 5,317 METRO SALES INCORPORATED*Printing/Copying IT Operating
Check #Amount Supplier / Explanation Account Description Business Unit Comments
291573 5,280 GRAYMONT Treatment Chemicals Water Treatment
8851 5,213 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
291713 5,130 ALADTEC INC Dues & Subscriptions IT Operating
291600 5,000 MJ ELECTRIC MN INC Other Contracted Services CDBG - Public Service
291947 5,000 T-MOBILE USA Deposits General Fund
291476 4,957 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
291898 4,900 ELEMENT MATERIALS TECHNOLOGY Other Contracted Services Park Acquisition & Development
291684 4,817 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
291595 4,800 MHSRC/RANGE Training Supplies Police Sworn
1030785 4,788 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
1030890 4,771 CENTERPOINT ENERGY Gas Various funds
291565 4,764 FASTSIGNS Operating Supplies Traffic Signs
291805 4,738 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
291664 4,711 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
292032 4,700 CALLYO 2009 CORP Other Contracted Services Police Sworn
291496 4,676 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
291676 4,657 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
291612 4,650 SAMBATEK INC Developer Fees General Fund
291545 4,639 BADGER METER Telephone Water Metering
291830 4,629 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
291524 4,605 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
292034 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General
1030734 4,549 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
291858 4,541 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
291990 4,524 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
291753 4,421 HINTERLAND CSG LLC Electric Facilities Operating ISF
291628 4,354 VERIZON WIRELESS Other Contracted Services IT Operating
291519 4,323 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
291467 4,277 MADISON NATIONAL LIFE INSURANCE CO INC Disability Ins Employers Health and Benefits
291876 4,212 AVR INC Contract Svcs - General Bldg Maintenance Facility
291544 4,200 AVR INC Waste Blacktop/Concrete Water Distribution
291735 4,177 CROSS NURSERIES Landscape Materials/Supp Reforestation
291767 4,160 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits
291699 4,145 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
291781 4,121 PFM ASSET MANAGEMENT LLC Interest Investment Fund
292006 4,119 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store
291480 4,115 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
291653 4,107 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
291578 4,100 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
291725 4,028 CASTLE RIDGE CARE CENTER INC AR Utility Water Enterprise Fund
291633 3,984 WM CORPORATE SERVICES INC Waste Disposal Various funds
291559 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund
291477 3,981 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
291611 3,886 SAFETY VEHICLE SOLUTIONS Equipment Repair & Maint Fleet Operating
292075 3,873 LEGACY GYMNASTICS Instructor Service Lesson Skills Development
291675 3,870 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
291806 3,855 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
1030894 3,826 GENUINE PARTS COMPANY Repair & Maint. Supplies Ice Arena Maintenance
291790 3,710 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF
1030793 3,699 HAWKINS INC Treatment Chemicals Water Treatment
Check #Amount Supplier / Explanation Account Description Business Unit Comments
291651 3,698 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
292111 3,675 TRAFFIC CONTROL CORPORATION Equipment Repair & Maint Traffic Signals
291647 3,633 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
291894 3,599 DEZURIK Repair & Maint. Supplies Water Treatment
292052 3,581 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Autos Fleet Operating
291768 3,575 LEAGUE MN CITIES INS TRUST Property Insurance 494 Corridor Commission
1030887 3,551 VAN PAPER COMPANY Cleaning Supplies General Community Center
291761 3,529 JOHN HENRY FOSTER MINNESOTA INC Equipment Repair & Maint Water Treatment
291473 3,480 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
291906 3,398 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
292065 3,379 HOPKINS CARPET ONE Other Contracted Services Rehab
1030795 3,335 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Water Supply (Wells)
1030858 3,313 STREICHERS Clothing & Uniforms Police Sworn
8843 3,276 INVOICE CLOUD INC Bank and Service Charges Historical Culture
291853 3,258 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
292093 3,230 PRESCRIPTION LANDSCAPE Contract Svcs - Lawn Maint.Fire Station #2
292073 3,160 LAVAN FLOOR COVERING Contract Svcs - General Bldg City Center - CAM
291527 3,155 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
291804 3,117 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
291879 3,054 BREIWICK COMPANIES INC Other Contracted Services Tree Disease
291914 3,047 JOHN HENRY FOSTER MINNESOTA INC Equipment Repair & Maint Fire Station #4
291693 3,021 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
291783 3,000 POSTAGE BY PHONE RESERVE ACCOUNT Postage Customer Service
1030905 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells)
292010 2,994 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
1030852 2,947 MENARDS Operating Supplies Stormwater Collection
1030834 2,797 VAN PAPER COMPANY Cleaning Supplies General Community Center
291640 2,755 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
291577 2,749 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test Organizational Services
291703 2,723 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
291642 2,713 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
291659 2,707 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
291736 2,700 DAVEY TREE EXPERT COMPANY, THE Other Contracted Services Tree Removal
291958 2,690 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
8845 2,664 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits
291766 2,630 LAVAN FLOOR COVERING Contract Svcs - General Bldg Police (City Cost)
292094 2,616 PROP Other Contracted Services CDBG - Public Service
291951 2,607 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
291520 2,586 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
291656 2,570 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
291692 2,542 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
291819 2,522 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
291495 2,522 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
1030749 2,517 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical General Community Center
1030752 2,505 STREICHERS Clothing & Uniforms Police Sworn
292035 2,488 CENTURYLINK Telephone City Center - CAM
1030839 2,478 BARR ENGINEERING COMPANY OCS - Monitoring Stormwater Non-Capital
291812 2,463 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store
291954 2,438 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
291629 2,354 VERSA-LOK Other Contracted Services Capital Maint. & Reinvestment
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1030735 2,322 ANCHOR PAPER COMPANY Office Supplies Customer Service
291691 2,268 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
291521 2,267 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
291704 2,258 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
291763 2,246 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Utility Operations - General
8869 2,224 FURTHER - AKA SELECT FSA - Medical Health and Benefits
8863 2,176 FURTHER - AKA SELECT FSA - Medical Health and Benefits
292029 2,138 AVR INC Contract Svcs - General Bldg Street Maintenance
291788 2,135 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal
291709 2,135 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
291688 2,121 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
291982 2,116 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
1030745 2,102 MENARDS Operating Supplies Fire
291962 2,049 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
1030818 2,029 BRAUN INTERTEC CORPORATION Design & Engineering 2020 Improvement Projects
291777 2,000 NORATEK SOLUTIONS INC Software Maintenance IT Operating
291613 1,986 SE CUSTOM POWDER COATING INC Signs Traffic Signs
1030704 1,963 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
292059 1,953 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
1030796 1,930 LANDS END CORPORATE SALES Clothing & Uniforms Police Sworn
291567 1,916 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating
291997 1,906 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
1030836 1,903 WSB & ASSOCIATES INC Design & Engineering Economic Development Fund
292024 1,896 AMERICAN KARATE STUDIO INC Instructor Service Lesson Skills Development
1030709 1,887 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
291641 1,864 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
291848 1,858 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
8867 1,850 FURTHER - AKA SELECT HRA Health and Benefits
291587 1,848 LAURENT TIM Instructor Service Pickleball (CC)
1030897 1,842 GRAYBAR Contract Svcs - Electrical General Community Center
291605 1,838 PERA Wages and Benefits 494 Corridor Commission
291933 1,838 PERA Wages and Benefits 494 Corridor Commission
292067 1,838 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
291652 1,805 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
1030718 1,783 KRISS PREMIUM PRODUCTS INC Supplies - HVAC City Center - CAM
292081 1,775 MHSRC/RANGE Tuition Reimbursement/School Fire
291608 1,774 PRESCRIPTION LANDSCAPE Contract Svcs - Snow Removal Fire Station #1
1030706 1,756 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
292033 1,734 CARLSON MARY JANE Rebates Stormwater Non-Capital
292103 1,734 SIVANICH STEPHANIE Rebates Stormwater Non-Capital
291572 1,716 GERTENS Landscape Materials/Supp Park Maintenance
1030729 1,704 SITEONE LANDSCAPE SUPPLY, LLC Landscape Materials/Supp Park Maintenance
291562 1,696 DODGE OF BURNSVILLE Equipment Repair & Maint Fleet Operating
291500 1,677 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
292070 1,671 LANO EQUIPMENT INC Equipment Parts Park Maintenance
291623 1,670 SYNDICATED EQUITIES Deposits Stormwater Non-Capital
291585 1,656 KIESLER POLICE SUPPLY INC.Training Supplies Police Sworn
291668 1,652 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
291865 1,644 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
292055 1,636 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1030849 1,625 INTERSTATE POWER SYSTEMS INC Equipment Repair & Maint Water Supply (Wells)
291506 1,612 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
291764 1,608 LAKETOWN BUILDERS Reimburse-legal notices General Fund
291887 1,600 CITY OF SAINT PAUL Tuition Reimbursement/School Police Sworn
291888 1,600 CLARK JAMES OR KAREN Operating Supplies Pleasant Hill Cemetery
291882 1,595 CEMSTONE PRODUCTS COMPANY Contract Svcs - Asphalt/Concr.Maintenance Facility
1030700 1,569 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
291995 1,562 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
292069 1,558 JOHNSON CONTROLS Building Repair & Maint.Fitness/Conference - Cmty Ctr
291900 1,558 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating
291856 1,531 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
8862 1,516 FIDELITY SECURITY LIFE INSURANCE CO Vision Plan Health and Benefits
1030731 1,503 VAN PAPER COMPANY Cleaning Supplies City Center - CAM
291712 1,500 ADS ON BOARDS Contract Svcs - Ice Rink Ice Arena Maintenance
291872 1,500 AMERICAN ENVIRONMENTAL LLC Equipment Repair & Maint Wasterwater Collection
291878 1,488 BITUMINOUS ROADWAYS INC Asphalt Overlay Water Distribution
292115 1,483 W L HALL CO Contract Svcs - General Bldg City Hall (City Cost)
1030865 1,476 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
291871 1,444 AIRGAS USA LLC Supplies - Pool Fire
291822 1,425 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
1030802 1,407 STREICHERS Clothing & Uniforms Police Sworn
291754 1,400 ICMA Dues & Subscriptions Administration
1030827 1,399 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Hall (City Cost)
291718 1,395 AVR INC Contract Svcs - General Bldg Maintenance Facility
291681 1,389 TRUE BRANDS Liquor Product Received Den Road Liquor Store
291590 1,387 MAYNARD, PATRICK Operating Supplies Public Safety Communications
292071 1,386 LAURENT TIM Instructor Service Pickleball (CC)
291800 1,382 YORKTOWN OFFICES Rent 494 Corridor Commission
291773 1,375 MHSRC/RANGE Training Fire
291627 1,373 US BANK Interest Investment Fund
291945 1,368 STRYKER SALES CORPORATION EMS Supplies Fire
292004 1,367 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
291497 1,363 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
292000 1,342 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
1030848 1,342 IDENTISYS Equipment Repair & Maint Public Safety Communications
1030717 1,322 JOHNSTON, ROB Tuition Reimbursement/School Organizational Services
291581 1,318 INDIGITAL INC Other Contracted Services IT Capital
291961 1,316 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
291785 1,300 PRECISE MRM LLC Other Contracted Services Snow & Ice Control
291902 1,296 FOXFURY LLC Capital Under $25,000 Emergency Management
1030821 1,294 FASTENAL COMPANY Operating Supplies Fleet Operating
292023 1,287 ALTERNATIVE BUSINESS FURNITURE INC Supplies - General Bldg City Hall (City Cost)
1030868 1,285 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
291772 1,275 MEDICINE LAKE TOURS Special Event Fees Trips
1030816 1,264 BERKBIGLER, RIK Travel Expense Fire
291515 1,260 SUMMER LAKES BEVERAGE LLC Liquor Product Received Den Road Liquor Store
291586 1,260 LAURA SOSALLA LLC Other Contracted Services Police Sworn
291625 1,250 TRAFFIC CONTROL CORPORATION Equipment Repair & Maint Street Maintenance
291972 1,250 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
291868 1,247 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
291751 1,246 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
291881 1,245 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Park Maintenance
291834 1,237 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
292117 1,224 SMOKIN HOT DISH Miscellaneous Volunteers
1030744 1,213 GRAINGER Repair & Maint. Supplies Utility Operations - General
1030823 1,210 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution
1030790 1,202 FORKLIFTS OF MINNESOTA INC Equipment Repair & Maint Fleet Operating
292100 1,176 SCHLOMKA SERVICES LLC Contract Svcs - Plumbing Maintenance Facility
291582 1,155 INTHERMO INC Signs Traffic Signs
291748 1,155 FIRE SAFETY USA INC Equipment Parts Fleet Operating
8860 1,141 FURTHER - AKA SELECT Other Contracted Services Health and Benefits
291743 1,130 EDINA, CITY OF Other Contracted Services Engineering
292077 1,120 MACQUEEN EQUIPMENT INC Protective Clothing Fire
1030801 1,117 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical Arts Center
291810 1,112 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
291602 1,109 NATIONAL MARTIAL ARTS ASSOCIATION, INC Instructor Service Youth Programs Admin
291516 1,108 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
291475 1,100 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
1030762 1,089 VINOCOPIA Liquor Product Received Den Road Liquor Store
1030791 1,088 GRAINGER Cleaning Supplies Ice Arena Maintenance
291589 1,083 MARCO INC Hardware - R&M IT Operating
291842 1,077 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
292091 1,075 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn
1030774 1,071 EGAN-MCKAY ELECTRICAL CONTRACTORS INC.Equipment Repair & Maint Traffic Signals
291826 1,066 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
1030757 1,053 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
292074 1,050 LEADERSHIP TRANSITIONS INC Conference/Training Community Development Admin.
292104 1,017 SJOLANDER KATIE Travel Expense Police Sworn
291523 1,014 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
291956 1,007 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
1030883 1,007 ROSE, ALECIA Tuition Reimbursement/School Organizational Services
291930 1,001 OLSEN'S EMBROIDERY/COMPANY Safety Supplies Administration
291553 1,000 CLERK OF COURTS MONROE COUNTY Deposits General Fund
291570 1,000 G.F. JEDLICKI INC Other Contracted Services Stormwater Capital
291988 992 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
291798 986 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance
291912 984 INTERTECH INC Contract Development IT Operating
291796 979 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
291694 971 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
291491 971 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
292017 960 WINEBOW Liquor Product Received Prairie View Liquor Store
291615 958 SIWEK LUMBER & MILLWORK INC Asphalt Overlay Street Maintenance
1030748 957 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
291780 950 PAFFY'S PEST CONTROL Contract Svcs - Pest Control Fire Station #2
291657 948 WINEBOW Liquor Product Received Prairie Village Liquor Store
1030835 943 VIK, LISA Travel Expense Police Sworn
291770 933 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating
291907 911 HENNEPIN COUNTY I/T DEPT Building Repair & Maint.IT Operating
291904 909 GYM WORKS Equipment Repair & Maint Fitness Center
291710 896 WINEBOW Liquor Product Received Prairie View Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
292043 894 CONSTRUCTION MATERIALS INC Small Tools Street Maintenance
292054 890 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating
291823 879 WINEBOW Liquor Product Received Prairie Village Liquor Store
292068 873 J H LARSON COMPANY Supplies - Electrical City Center - CAM
291533 867 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
291526 861 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
291632 855 WAYNES HOME SERVICES Janitor Service Dunn Brothers
291636 844 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
291864 841 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
291568 833 FOSTER MICHELLE Other Contracted Services Rehab
1030803 832 VISTAR CORPORATION Merchandise for Resale Concessions
291510 831 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
1030828 831 MINNESOTA CLAY CO. USA Operating Supplies Arts Center
291610 821 REVOLUTIONARY SPORTS, LLC Instructor Service Youth Programs Admin
291723 816 BROADWAY AWARDS Operating Supplies Volunteers
1030786 812 CDW GOVERNMENT INC.Computers IT Operating
291996 807 WINEBOW Liquor Product Received Den Road Liquor Store
291986 805 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
291697 804 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
292090 792 PAFFY'S PEST CONTROL Contract Svcs - Pest Control General Community Center
292057 791 GILBARCO INC Software Maintenance IT Operating
291489 785 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
1030804 783 WM MUELLER AND SONS INC Landscape Materials/Supp Water Distribution
291619 780 STERNBERG LIGHTING Operating Supplies Street Lighting
291831 780 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
292101 775 SCOTT COUNTY TREASURER Tuition Reimbursement/School Police Sworn
8837 759 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
8856 759 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits
291601 757 MN DEPT OF TRANSPORTATION Equipment Repair & Maint Duck Lake Rd. Reconstruction
291855 752 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store
292019 751 AERO DRAPERY AND BLIND Capital Under $25,000 FF&E - Furn, Fixtures & Equip.
291622 751 SYMBOLARTS Awards Safety Camp
291592 750 MEALS ON WHEELS Other Contracted Services Housing and Community Service
292046 750 DIETHELM, TAMMY L Other Contracted Services Pleasant Hill Cemetery
292099 750 ROSENBUSH JACQUILYN Other Contracted Services Arts
1030891 743 ECM PUBLISHERS INC Legal Notices Publishing Prairie View Liquor Store
1030895 736 GRAINGER Repair & Maint. Supplies General Community Center
291498 736 DOMACE VINO Liquor Product Received Den Road Liquor Store
1030760 728 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
1030819 724 CONCRETE CUTTING AND CORING Operating Supplies Street Maintenance
1030769 722 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
292109 710 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
291989 707 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
291535 705 PETTY CASH Operating Supplies Various funds
1030777 704 METROPOLITAN FORD Equipment Parts Fleet Operating
291649 698 LIBATION PROJECT Liquor Product Received Prairie Village Liquor Store
291672 698 LIBATION PROJECT Liquor Product Received Den Road Liquor Store
291701 698 LIBATION PROJECT Liquor Product Received Prairie View Liquor Store
291537 695 ALLIED MEDICAL TRAINING Training Fire
1030742 690 ESRI Licenses, Taxes, Fees Park Maintenance
Check #Amount Supplier / Explanation Account Description Business Unit Comments
291832 689 DOMACE VINO Liquor Product Received Den Road Liquor Store
1030822 689 FLEETPRIDE INC Equipment Parts Fleet Operating
291543 684 AVOLVE SOFTWARE Operating Supplies Inspections-Administration
291809 684 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie Village Liquor Store
291549 680 CEMSTONE PRODUCTS COMPANY Operating Supplies Yard Waste Site
291488 675 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store
291474 670 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
1030871 668 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
1030854 655 PREMIUM WATERS INC Operating Supplies - Water Fire
292105 645 SOLUTION BUILDERS Computers 494 Corridor Commission
291776 640 NAC Contract Svcs - Plumbing City Hall (City Cost)
1030767 640 VINOCOPIA Liquor Product Received Prairie View Liquor Store
291833 639 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
291483 634 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie Village Liquor Store
291774 630 MINNESOTA FIRE SERVICE CERTIFICATION BOA Training Fire
291528 622 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store
1030906 621 STREICHERS Clothing & Uniforms Police Sworn
291792 620 ST FRANCIS VETERINARY CLINIC Canine Supplies Police Sworn
291927 615 MOTOROLA SOLUTIONS INC Equipment Repair & Maint Public Safety Communications
291883 603 CENTURYLINK Telephone Wastewater Lift Station
291479 603 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
291481 601 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
291921 600 MARTIN-MCALLISTER Employment Support Test Organizational Services
291717 597 ASPEN MILLS Clothing & Uniforms Fire
291937 595 PRINCIPAL FINANCIAL GROUP Wages and Benefits 494 Corridor Commission
1030739 595 CDW GOVERNMENT INC.Hardware - R&M IT Operating
292009 592 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
292026 591 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services
1030708 588 VINOCOPIA Liquor Product Received Prairie View Liquor Store
1030837 583 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating
291550 571 CENTURYLINK Telephone IT Operating
1030710 562 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
291929 559 NORTHLAND PETROLEUM SERVICE INC Equipment Testing/Cert.Fleet Operating
292076 557 LUBE-TECH ESI Equipment Testing/Cert.Fleet Operating
291511 555 ROOTSTOCK WINE COMPANY Liquor Product Received Den Road Liquor Store
1030814 554 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
1030900 551 MINNESOTA EQUIPMENT Equipment Repair & Maint Fleet Operating
291971 551 WINEBOW Liquor Product Received Prairie Village Liquor Store
291978 546 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
292021 545 AIRGAS USA LLC Supplies - Pool Pool Maintenance
1030884 543 THE OASIS GROUP Employee Assistance Organizational Services
291536 534 AIRGAS USA LLC Supplies - Pool Pool Maintenance
291539 533 AMAZING ATHLETES OF CENTRAL MN Instructor Service Youth Programs Admin
1030703 533 VINOCOPIA Liquor Product Received Den Road Liquor Store
292106 529 STAPLES ADVANTAGE Office Supplies Internal Events
292016 528 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
291744 525 EHLERS & ASSOCIATES INC Deposits Economic Development Fund
1030766 514 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
1030713 512 FASTENAL COMPANY Safety Supplies Fleet Operating
291665 509 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1030838 507 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General
292097 500 REMARKABLE REPTILES, THE Other Contracted Services Outdoor Center
1030783 496 VAN PAPER COMPANY Operating Supplies Fleet Operating
292116 495 WATCHGUARD VIDEO Capital Under $25,000 Police Sworn
291507 492 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store
1030908 485 TWIN CITY SEED CO Repair & Maint. Supplies Stormwater Collection
291558 480 DAVEY TREE EXPERT COMPANY, THE Other Contracted Services Tree Removal
291529 475 ROOTSTOCK WINE COMPANY Liquor Product Received Prairie View Liquor Store
8841 471 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating
291705 470 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store
291762 465 KIESLER POLICE SUPPLY INC.Training Supplies Police Sworn
1030899 464 MENARDS Repair & Maint. Supplies Water Distribution
291849 463 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
1030903 458 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating
291606 455 PETERSON COUNSELING AND CONSULTING Other Contracted Services Police Sworn
291522 452 DOMACE VINO Liquor Product Received Prairie View Liquor Store
291886 451 CINTAS CORPORATION Safety Supplies Community Center Admin
1030809 450 VINOCOPIA Liquor Product Received Den Road Liquor Store
291655 444 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store
291814 442 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
291807 440 DOMACE VINO Liquor Product Received Prairie Village Liquor Store
291620 433 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
291818 431 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
1030775 429 FLEETPRIDE INC Equipment Repair & Maint Fleet Operating
1030751 428 ST CROIX RECREATION FUN PLAYGRAOUNDS INC Operating Supplies Pheasant Woods Park (Mitchell)
291685 428 WINEBOW Liquor Product Received Den Road Liquor Store
291714 427 AMERICAN PRESSURE INC Contract Svcs - General Bldg Maintenance Facility
291737 424 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
1030875 423 FLEETPRIDE INC Equipment Repair & Maint Fleet Operating
1030831 419 PAUL'S TWO-WAY RADIO Equipment Parts Fleet Operating
291517 418 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
292028 418 ASSURED SECURITY Other Contracted Services Capital Maint. & Reinvestment
292002 416 DOMACE VINO Liquor Product Received Prairie View Liquor Store
292022 414 ALTEC INDUSTRIES INC Operating Supplies Park Maintenance
291970 411 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
1030901 407 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment
291755 406 INDIGITAL INC Other Contracted Services IT Operating
291621 400 SUBURBAN WILDLIFE CONTROL INC Equipment Repair & Maint Stormwater Collection
292086 399 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals
291542 397 ASPEN MILLS Clothing & Uniforms Police Sworn
1030728 395 QUALITY PROPANE Chemicals Ice Arena Maintenance
1030811 394 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
291741 389 EDEN PRAIRIE CENTER LLC Building Rental CDBG - Public Service
291724 386 BRO-TEX INC Operating Supplies Fleet Operating
1030893 385 FACTORY MOTOR PARTS COMPANY Lubricants & Additives Fleet Operating
291660 384 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store
291560 375 DIETHELM, TAMMY L Other Contracted Services Eden Prairie Cemetery
291896 375 DIETHELM, TAMMY L Other Contracted Services Eden Prairie Cemetery
292056 371 GALLAGHERS INC Repair & Maint. Supplies Stormwater Collection
1030824 370 GREATAMERICA FINANCIAL SVCS Postage Customer Service
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1030841 365 BROWNELLS INC.Training Supplies Federal Forfeiture
292045 364 CROSS ROB Conference/Training Fire
291624 363 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
291661 361 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
291673 360 MEGA BEER Liquor Product Received Den Road Liquor Store
291801 360 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
291944 359 STAPLES ADVANTAGE Operating Supplies Customer Service
291626 351 UNIVERSAL ATHLETIC SERVICES INC Awards Volleyball
291844 351 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
291727 350 CENTURYLINK Telephone IT Operating
1030846 347 GRAINGER Supplies - HVAC Fire Station #1
292061 343 HAAK LORI Conference/Training Stormwater Non-Capital
291793 340 STAPLES ADVANTAGE Office Supplies Customer Service
1030798 339 METRO SALES INCORPORATED*Equipment Rentals IT Operating
291862 339 MEGA BEER Liquor Product Received Prairie View Liquor Store
292080 337 MHSRC/DDP Other Contracted Services Senior Center Programs
1030885 336 THOMPSON JONATHAN Travel Expense Assessing
291931 336 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
1030832 333 QUALITY PROPANE Motor Fuels Pool Maintenance
291955 322 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
291911 320 INDIGO SIGNWORKS, INC.Printing Summer Theatre
291850 316 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
291779 315 OSOWSKI LUCAS Conference/Training Utility Operations - General
292030 312 BECKER ARENA PRODUCTS INC Supplies - General Bldg Ice Arena Maintenance
1030861 312 VARITECH INDUSTRIES INC Equipment Parts Snow & Ice Control
291787 310 S H GUTMANN CONSULTING LLC Conference/Prof. Dev.494 Corridor Commission
291791 308 ST CROIX LINEN LLC Operating Supplies-Linens Fire
291943 308 ST CROIX LINEN LLC Operating Supplies-Linens Fire
291609 305 QUALITY FLOW SYSTEMS INC Equipment Repair & Maint Stormwater Collection
291674 304 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
1030867 304 VINOCOPIA Liquor Product Received Den Road Liquor Store
1030864 304 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
291840 303 MEGA BEER Liquor Product Received Den Road Liquor Store
1030755 303 WM MUELLER AND SONS INC Landscape Materials/Supp Street Maintenance
1030873 302 BODENNER ZACHARY Operating Supplies IT Operating
1030892 302 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits
291890 302 COREMARK METALS Small Tools Park Maintenance
291758 300 ISD 191 COMMUNITY EDUCATION Tuition Reimbursement/School Police Sworn
292087 300 MINT CONDITION DETAILING INC Equipment Repair & Maint Fleet Operating
1030843 300 CITI-CARGO & STORAGE CO, INC Other Rentals Summer Theatre
8849 293 US BANK - PAYMODE Bank and Service Charges Finance
291588 293 LIFELINE INC EMS Supplies Fire
1030853 292 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
1030812 288 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
1030907 285 TEE JAY NORTH INC Other Contracted Services Den Road Liquor Store
291645 283 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
291470 283 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
291742 280 EDEN PRAIRIE CHAMBER OF COMMERCE Other Contracted Services Economic Development
291616 277 SJOLANDER KATIE Travel Expense Police Sworn
1030732 277 VIK, LISA Travel Expense Police Sworn
Check #Amount Supplier / Explanation Account Description Business Unit Comments
291838 276 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
291968 274 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store
291534 272 WINEBOW Liquor Product Received Prairie View Liquor Store
291756 269 INDIGO SIGNWORKS, INC.Protective Clothing Fire
1030719 268 LEONARD, MICHELLE Conference/Prof. Dev.494 Corridor Commission
291967 267 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
292008 267 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
1030904 265 SHERWIN WILLIAMS Equipment Repair & Maint Traffic Signals
292013 265 SMALL LOT MN Liquor Product Received Prairie View Liquor Store
291504 262 MEGA BEER Liquor Product Received Den Road Liquor Store
292012 262 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie View Liquor Store
1030788 260 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
292082 252 MIDWEST MECHANICAL SUPPLY Supplies - HVAC City Center - CAM
291690 252 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store
291892 250 DATA PRACTICES OFFICE Conference/Training Human Resources
291939 250 RUE CAROL Other Contracted Services Rehab
291561 247 DIRECTV Cable TV Community Center Admin
1030743 246 GRAFIX SHOPPE Equipment Parts Fleet Operating
1030776 246 KORAS, JORDAN Travel Expense Police Sworn
291637 245 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
291689 245 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
292064 245 HOME DEPOT CREDIT SERVICES Supplies - General Bldg Arts Center
291802 244 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
291893 242 DELTA DENTAL Wages and Benefits 494 Corridor Commission
8848 242 VANCO SERVICES Bank and Service Charges Wastewater Accounting
291677 242 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
291877 236 BECKER ARENA PRODUCTS INC Supplies - General Bldg Ice Arena Maintenance
291948 236 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn
1030876 235 GORDHAMER SCOTT Clothing & Uniforms Police Sworn
292001 227 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
1030736 227 BACHMANS CREDIT DEPT Landscape Materials/Supp Reforestation
291880 222 BROADWAY AWARDS Operating Supplies Volunteers
1030881 221 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
291739 221 DSO ARCHITECTURE INC Contract Svcs - General Bldg Fire Station #1
292110 220 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council
291969 219 VINIFERA IMPORTS LTD Liquor Product Received Prairie Village Liquor Store
291639 218 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
291635 217 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie Village Liquor Store
291658 217 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store
291687 217 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie View Liquor Store
291964 215 SAINT CROIX VINEYARDS, INC.Liquor Product Received Prairie Village Liquor Store
1030768 213 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
1030725 208 MUNOZ, CESAR Travel Expense Police Sworn
291541 207 ARAMARK Janitor Service Prairie View Liquor Store
291928 206 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance
291815 206 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
291839 206 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
291861 206 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store
291499 202 DRASTIC MEASURES BREWING LLC Liquor Product Received Den Road Liquor Store
291808 202 DRASTIC MEASURES BREWING LLC Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
292095 202 PROP - PR Charitable Contributions Health and Benefits
291973 201 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store
1030817 201 BERRY COFFEE COMPANY Merchandise for Resale Concessions
291634 200 MCLEOD COUNTY SHERIFFS DEPT.Deposits General Fund
1030772 200 CLAREY'S SAFETY EQUIPMENT Training Supplies Police Sworn
1030810 197 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
291469 196 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store
8846 195 OPTUM HEALTH Other Contracted Services Health and Benefits
1030866 194 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
291935 193 PIRTEK BURNSVILLE Equipment Repair & Maint Wasterwater Collection
291941 192 SMSC ENTERPRISES Landscape Materials/Supp Street Maintenance
291981 189 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store
291650 188 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
291618 188 STAPLES ADVANTAGE Office Supplies Customer Service
291563 188 EDEN PRAIRIE COMMUNITY CENTER Employee Award Organizational Services
291471 184 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store
291492 184 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
291680 184 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
1030781 183 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
1030869 183 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
291695 183 DOMACE VINO Liquor Product Received Prairie View Liquor Store
291979 183 DOMACE VINO Liquor Product Received Den Road Liquor Store
291817 181 ORIGIN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
291841 181 ORIGIN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
291863 181 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store
1030789 180 FILTRATION SYSTEMS Supplies - HVAC City Center - CAM
1030712 177 CLAREY'S SAFETY EQUIPMENT EMS Supplies Fire
1030761 177 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
291720 175 BJORN CYCLING LLC Instructor Service Youth Programs Admin
291949 175 TWIN CITY MONUMENT CO Other Contracted Services Pleasant Hill Cemetery
1030730 175 STARKE, TINO Licenses, Taxes, Fees Police Sworn
291490 172 56 BREWING LLC Liquor Product Received Den Road Liquor Store
291827 172 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store
291532 171 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store
291682 171 UNMAPPED BREWING CO Liquor Product Received Den Road Liquor Store
291794 171 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating
291759 171 J H LARSON COMPANY Supplies - Electrical Maintenance Facility
1030764 170 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
292020 169 AFLAC WORLDWIDE HEADQUARTERS Wages and Benefits 494 Corridor Commission
291847 168 UNMAPPED BREWING CO Liquor Product Received Den Road Liquor Store
292025 167 ARAMARK Janitor Service Den Road Liquor Store
291599 164 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Stormwater Collection
292088 160 MUEHLBAUER, THOMAS G Other Contracted Services Community Band
291854 159 DOMACE VINO Liquor Product Received Prairie View Liquor Store
292038 156 COLE PAPERS INC Operating Supplies Fire
1030727 153 OLSEN CHAIN & CABLE Operating Supplies Park Maintenance
1030756 152 XCEL ENERGY Electric Traffic Signals
292041 152 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits
291924 151 MID MN REAL ESTATE CONSULTING SVCS INC Plumbing Surcharge General Fund
291643 151 DRASTIC MEASURES BREWING LLC Liquor Product Received Prairie Village Liquor Store
Check #Amount Supplier / Explanation Account Description Business Unit Comments
291667 151 DRASTIC MEASURES BREWING LLC Liquor Product Received Den Road Liquor Store
291980 151 DRASTIC MEASURES BREWING LLC Liquor Product Received Den Road Liquor Store
291551 150 CHRIS CASTLE INC Website Development 494 Corridor Commission
1030860 150 USA SECURITY Maintenance Contracts Water Treatment
1030813 149 VINOCOPIA Liquor Product Received Prairie View Liquor Store
291566 148 FERGUSON WATERWORKS Clothing & Uniforms Utility Operations - General
291905 148 HAAK LORI Mileage & Parking Stormwater Non-Capital
1030701 146 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
291811 146 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
291835 146 INBOUND BREW CO Liquor Product Received Den Road Liquor Store
291857 146 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
291716 145 ARAMARK Janitor Service Prairie Village Liquor Store
291873 143 ARAMARK Janitor Service Prairie View Liquor Store
291711 143 ADCO PROPERTIES AR Utility Water Enterprise Fund
291957 142 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
291569 142 FREEVEND TECHNICAL SERVICES Repair & Maint. Supplies Concessions
291579 141 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance
1030784 140 WAYTEK INC Operating Supplies Fleet Operating
1030877 139 GREATAMERICA FINANCIAL SVCS Postage Customer Service
291731 139 COMCAST Cable TV Fire
291478 138 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
292005 138 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
291493 138 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
292072 137 LAURSEN PIANO SERVICE Other Contracted Services Senior Center Admin
291992 135 SAINT CROIX VINEYARDS, INC.Liquor Product Received Den Road Liquor Store
1030699 134 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
291654 132 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
1030870 132 VINOCOPIA Liquor Product Received Prairie View Liquor Store
1030807 131 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
291487 129 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
1030711 129 BECKER, DAVE Mileage & Parking Police Sworn
291706 128 SMALL LOT MN Liquor Product Received Prairie View Liquor Store
291518 126 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store
291644 126 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store
291696 126 HEADFLYER BREWING Liquor Product Received Prairie View Liquor Store
292003 126 HEADFLYER BREWING Liquor Product Received Prairie View Liquor Store
291816 126 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store
291960 123 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
291987 123 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store
1030763 123 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
1030705 122 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
291638 122 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store
292027 121 ASPEN MILLS Clothing & Uniforms Fire
291598 120 MINNESOTA SECRETARY OF STATE - NOTARY Dues & Subscriptions Administration
291860 120 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
292036 120 CHRIS CASTLE INC Website Development 494 Corridor Commission
1030778 120 MPX GROUP, THE Printing Police Sworn
291686 119 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
291869 119 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
1030830 119 OLSEN CHAIN & CABLE Equipment Parts Street Maintenance
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1030874 119 FASTENAL COMPANY Operating Supplies Traffic Signs
1030707 118 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
291552 117 CINTAS Clothing & Uniforms Fleet Operating
1030794 117 HORIZON COMMERCIAL POOL SUPPLY Contract Svcs - Pool Pool Maintenance
291603 115 NORTHERN TOOL Landscape Materials/Supp Street Maintenance
1030753 115 TRANE U.S. INC Small Tools Facilities Staff
291719 114 BECKER ARENA PRODUCTS INC Supplies - General Bldg Ice Arena Maintenance
291538 113 ALTERNATIVE BUSINESS FURNITURE INC Contract Svcs - General Bldg City Hall (City Cost)
291786 112 ROLANDSON DANIEL AR Utility Water Enterprise Fund
1030845 112 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
1030806 112 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
291666 111 DOMACE VINO Liquor Product Received Den Road Liquor Store
291514 108 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
291867 108 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
291503 108 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store
291702 105 ORIGIN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
291994 105 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
292047 105 EARL F ANDERSEN INC Signs Park Maintenance
291740 104 EARL F ANDERSEN INC Signs Traffic Signs
292113 103 VELNER, STEVEN Training Supplies Police Sworn
291555 103 COMCAST Cable TV Fire
291824 102 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
1030738 102 BROWNELLS INC.Training Supplies Police Sworn
1030857 101 STERICYCLE INC Other Contracted Services Police Sworn
291983 100 INBOUND BREW CO Liquor Product Received Den Road Liquor Store
291734 99 CORE & MAIN Repair & Maint. Supplies Snow & Ice Control
8871 99 PAYA Bank and Service Charges Arts
1030716 99 JOHNSON, PHILLIP Travel Expense Police Sworn
291722 98 BOYINGTON SHIRLEY P&R Refunds Community Center Admin
291745 98 ELFTMANN, SYLVIA P&R Refunds Community Center Admin
291531 96 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
291678 96 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store
291846 96 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
291505 94 ORIGIN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
291919 94 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating
292040 93 COMCAST Internet IT Operating
292015 93 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
291746 92 FARRELL EQUIPMENT & SUPPLY CO INC Equipment Parts Fleet Operating
291486 92 STARRY EYED BREWING LLC Liquor Product Received Prairie Village Liquor Store
291669 92 INBOUND BREW CO Liquor Product Received Den Road Liquor Store
291821 92 STARRY EYED BREWING LLC Liquor Product Received Prairie Village Liquor Store
291508 91 PETTY CASH Mileage & Parking Den Road Liquor Store
1030872 91 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
1030758 90 NEW FRANCE WINE COMPANY Liquor Product Received Prairie Village Liquor Store
291708 90 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
1030765 90 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store
291646 88 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
291698 88 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
291564 87 EMERGENCY TECHNICAL DECON Protective Clothing Fire
291730 86 COMCAST Cable TV Fire
Check #Amount Supplier / Explanation Account Description Business Unit Comments
1030702 86 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
1030880 85 OLDEFENDT ALEX Mileage & Parking Assessing
291484 85 SMALL LOT MN Liquor Product Received Prairie Village Liquor Store
291963 83 PK BLOODY MARY CORP Liquor Product Received Prairie Village Liquor Store
291991 83 PK BLOODY MARY CORP Liquor Product Received Den Road Liquor Store
292011 83 PK BLOODY MARY CORP Liquor Product Received Prairie View Liquor Store
291803 82 BOURGET IMPORTS Liquor Product Received Prairie Village Liquor Store
291789 81 SHRED RIGHT Waste Disposal Fire Station #1
1030722 81 MINNESOTA CLAY CO. USA Operating Supplies Arts Center
1030754 81 UPS Postage Den Road Liquor Store
292098 80 ROBERTSON ANSCHUTZ SCHNEID & CRANE LLC Other Contracted Services Police Sworn
1030889 78 BOYER TRUCKS Equipment Parts Fleet Operating
1030773 76 CONCRETE CUTTING AND CORING Equipment Repair & Maint Park Maintenance
291922 75 MCPA Tuition Reimbursement/School Police Sworn
1030815 74 ALBERS, JASON Travel Expense Fire
292107 74 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating
291874 74 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services
291825 72 56 BREWING LLC Liquor Product Received Den Road Liquor Store
1030741 72 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
291946 71 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
291940 70 SCHLOSSMACHER, JIM Mileage & Parking Police Sworn
292079 70 MASS/MRPA Conference/Training Senior Center Admin
291899 69 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating
1030825 69 HIGGINS, RYAN Conference/Training IT Operating
1030909 68 UPS Postage Customer Service
8844 68 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
8861 68 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
291889 67 COMCAST Cable TV Fire
1030808 67 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
291797 65 TINGLEY NICOLE Mileage & Parking City Clerk
8847 65 MONEY MOVERS INC Other Contracted Services Community Center Admin
291715 65 ANSCHEL RAY P&R Refunds Community Center Admin
291574 65 GRUBER SARAH Conference/Training Volleyball
1030826 65 LINDAHL, DAVID Mileage & Parking Economic Development
291547 64 BROADWAY AWARDS Operating Supplies Heritage Preservation
292063 63 HARRINGTON INDUSTRIAL PLASTICS LLC Supplies - HVAC City Center - CAM
1030820 61 EICHMAN NATHAN Motor Fuels Fleet Operating
291513 60 SPIRAL BREWERY Liquor Product Received Den Road Liquor Store
1030724 60 MPX GROUP, THE Printing Police Sworn
1030759 60 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store
1030829 60 MPX GROUP, THE Printing Police Sworn
1030879 60 LOWERY, THOMAS Operating Supplies Police Sworn
291554 55 COMCAST Cable TV Fire
291683 55 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
291965 54 SHAKOPEE BREWHALL Liquor Product Received Prairie Village Liquor Store
291934 53 PILGRIM DRY CLEANERS INC Clothing & Uniforms Police Sworn
292085 52 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
291597 52 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service
291732 50 COMCAST Internet IT Operating
291721 49 BOOSHIE INC Operating Supplies-Award/Retir Fire
Check #Amount Supplier / Explanation Account Description Business Unit Comments
292039 46 COMCAST Other Contracted Services Police Sworn
1030886 45 TOLL GAS AND WELDING SUPPLY Operating Supplies Fleet Operating
291540 43 AMIOT JOSH Conference/Training Softball
291584 43 JENKINS, JOEL S Conference/Training Softball
1030737 42 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn
291747 41 FEIST, LORETTA P&R Refunds Community Center Admin
292042 41 CONKLIN BETH P&R Refunds Community Center Admin
291974 41 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store
291557 40 CORE & MAIN Repair & Maint. Supplies Park Maintenance
291728 40 CINTAS Clothing & Uniforms Fleet Operating
291885 40 CINTAS Clothing & Uniforms Fleet Operating
292037 40 CINTAS Clothing & Uniforms Fleet Operating
292083 40 MINNESOTA DEPARTMENT OF HEALTH Licenses, Taxes, Fees Concessions
292084 40 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General
1030859 37 UPS Postage IT Operating
1030882 37 ROCKEY, JOSH Mileage & Parking Senior Center Admin
1030770 35 AUSTIN, CHARLENE Tuition Reimbursement/School Fitness Classes
1030780 35 OLSEN CHAIN & CABLE Operating Supplies Park Maintenance
291482 33 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie Village Liquor Store
1030771 33 BICKLER, JILL Tuition Reimbursement/School Fitness Classes
291607 30 POWERPLAN Equipment Repair & Maint Fleet Operating
1030850 30 LANDS END CORPORATE SALES Clothing & Uniforms Police Sworn
291918 28 KUZNIA BEN P&R Refunds Community Center Admin
291765 26 LANO EQUIPMENT INC Equipment Parts Street Maintenance
291580 25 HENNEPIN COUNTY TREASURER Conference/Prof. Dev.494 Corridor Commission
291915 24 KANG TAE RIM P&R Refunds Community Center Admin
1030833 23 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General
291596 23 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General
291925 23 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General
291926 23 MINNESOTA POLLUTION CONTROL AGENCY Licenses, Taxes, Fees Utility Operations - General
291583 22 J H LARSON COMPANY Repair & Maint. Supplies Hidden Ponds Park
1030721 22 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission
1030723 22 MINNESOTA NATIVE LANDSCAPES Landscape Materials/Supp Park Maintenance
291548 20 BUCKMAN JAMES AR Utility Water Enterprise Fund
1030726 20 NOVAK-KREBS BETH Operating Supplies Heritage Preservation
291884 20 CHRIS CASTLE INC Phone/Data/Web 494 Corridor Commission
1030715 20 GOERGEN, MARIE Tuition Reimbursement/School Fitness Classes
291897 20 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
1030782 20 SPOK, INC.Cell/Pager Plans IT Operating
292050 17 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
292051 17 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits
292089 16 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
292092 16 PRAIRIE LAWN AND GARDEN Operating Supplies Park Maintenance
1030720 16 MADISON, MELISSA Outreach Mileage/Parking 494 Corridor Commission
1030714 14 FLEETPRIDE INC Equipment Parts Fleet Operating
292048 12 ECKHOFF CARLY Deposits General Fund
291604 11 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn
291891 10 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission
291775 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Prairie Bluff Conservation
8866 9 SQUARE Bank and Service Charges Community Center Admin
Check #Amount Supplier / Explanation Account Description Business Unit Comments
292031 8 BOYINGTON SHIRLEY P&R Refunds Community Center Admin
292053 8 FELKER, BARBARA P&R Refunds Community Center Admin
291760 8 JERRY'S ENTERPRISES INC Equipment Parts Fleet Operating
292049 6 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
291726 5 CEF EP COMMUNITY SOLAR LLC Electric Facilities Operating ISF
1030779 5 NELSON, ROBIN Outreach Mileage/Parking 494 Corridor Commission
291729 4 COMCAST Other Contracted Services Police Sworn5,168,262 Grand Total
City of Eden Prairie
Purchasing Card Payment Report
6/14/2022
Amount Account Description Business Unit
5,957 Other Revenue General Fund
5,924 Miscellaneous City Council
2,996 Capital Under $25,000 Public Safety Communications
2,070 Licenses, Taxes, Fees Police Sworn
2,000 Travel Expense Fire
1,711 Clothing & Uniforms Round Lake Beach
1,531 Employee Award Internal Events
1,500 Conference/Training City Council
1,383 Travel Expense Fire
1,381 Capital Under $25,000 Public Safety Communications
1,336 Travel Expense Fire
1,325 Operating Supplies Youth Programs Admin
1,264 Travel Expense Fire
1,225 Conference/Training Police Sworn
1,124 Travel Expense Fire
1,088 Repair & Maint. Supplies Water Distribution
1,056 Awards Athletic Programs Admin
1,055 Conference/Training Utility Operations - General
1,003 Miscellaneous Internal Events
878 Conference/Training Police Sworn
860 Equipment Repair & Maint Public Safety Communications
850 Awards Athletic Programs Admin
847 Travel Expense Fire
832 Operating Supplies Public Safety Communications
797 Software/Hardware Maint.IT Operating
787 Bank and Service Charges Prairie View Liquor Store
760 Tuition Reimbursement/School Police Sworn
743 Printing Police Sworn
726 Employee Award Internal Events
717 Travel Expense Utility Operations - General
665 Tuition Reimbursement/School Police Sworn
650 Clothing & Uniforms Special Events Admin
630 Operating Supplies Park Maintenance
624 Equipment Repair & Maint Park Maintenance
597 Travel Expense Utility Operations - General
591 Licenses, Taxes, Fees Engineering
567 Other Contracted Services Senior Center
549 Licenses, Taxes, Fees Fitness Classes
517 Operating Supplies Fire
508 Travel Expense Utility Operations - General
507 Miscellaneous Administration
502 Travel Expense Fire
Amount Account Description Business Unit
501 Equipment Parts Fleet Operating
476 Training Supplies Police Sworn
472 Protective Clothing Fire
468 Clothing & Uniforms Utility Operations - General
468 Training Supplies Police Sworn
464 Small Tools Fire
456 Operating Supplies Police Sworn
451 Conference/Training Pool Operations
450 Tuition Reimbursement/School Police Sworn
444 Operating Supplies Police Sworn
442 Tuition Reimbursement/School Police Sworn
442 Tuition Reimbursement/School Police Sworn
442 Operating Supplies Fire
436 Advertising Fleet Operating
435 Operating Supplies Volunteers
426 Training Supplies Police Sworn
425 Tuition Reimbursement/School Police Sworn
418 Operating Supplies Arts Center
411 Protective Clothing Fire
403 Equipment Repair & Maint Public Safety Communications
399 Conference/Training Administration
392 Travel Expense Utility Operations - General
373 Tuition Reimbursement/School Police Sworn
371 Capital Under $25,000 Fitness Classes
360 Safety Supplies Pool Operations
357 Miscellaneous Administration
353 Capital Under $25,000 Arts Center
340 Miscellaneous City Council
328 Travel Expense Fire
324 Tuition Reimbursement/School Police Sworn
324 Tuition Reimbursement/School Police Sworn
324 Tuition Reimbursement/School Police Sworn
323 Miscellaneous DWI Forfeiture
320 Miscellaneous City Council
318 Operating Supplies Park Maintenance
316 Conference/Training Utility Operations - General
313 Training Supplies Police Sworn
306 Training Supplies Police Sworn
300 Other Contracted Services Liquor Store Delivery
299 Conference/Training Senior Center Admin
290 Operating Supplies Arts Center
285 Miscellaneous City Council
280 Conference/Training Pool Operations
280 Conference/Training Street Maintenance
279 Training Supplies Police Sworn
272 Repair & Maint. Supplies Park Maintenance
Amount Account Description Business Unit
267 Training Supplies Utility Operations - General
266 Travel Expense Fire
261 Operating Supplies Park Maintenance
254 Conference/Training IT Operating
252 Office Supplies City Council
252 Operating Supplies Theatre Initiative
250 Conference/Training Assessing
250 Conference/Training Assessing
250 Tuition Reimbursement/School Police Sworn
250 Operating Supplies Youth Programs Admin
243 Capital Under $25,000 Senior Center Admin
242 Operating Supplies Park Maintenance
239 Operating Supplies Riley Lake Beach
238 Repair & Maint. Supplies Fire Station #1
232 Operating Supplies Day Care
232 Operating Supplies Arts Center
225 Dues & Subscriptions Ice Operations
224 Conference/Training Pool Operations
217 Advertising Prairie View Liquor Store
216 Small Tools Facilities Staff
210 Training Supplies Fire
207 Operating Supplies Riley Lake Beach
205 Operating Supplies Police Sworn
199 Small Tools Street Maintenance
199 Conference/Training IT Operating
195 Operating Supplies Special Events (CC)
195 Conference/Training Economic Development
190 Dues & Subscriptions Police Sworn
190 Office Supplies Police Sworn
189 Conference/Training Pool Operations
189 Operating Supplies Fire
188 Miscellaneous Administration
188 Travel Expense Fire
187 Tuition Reimbursement/School Police Sworn
181 Miscellaneous Engineering
180 Clothing & Uniforms Utility Operations - General
175 Advertising Wine Club/Events
165 Operating Supplies Community Center Admin
165 Conference/Training Police Sworn
163 Canine Supplies Police Sworn
163 Safety Supplies Utility Operations - General
160 Licenses, Taxes, Fees Park Maintenance
160 Conference/Training Pool Operations
159 Equipment Repair & Maint Senior Center Programs
157 Operating Supplies Special Events Admin
155 Travel Expense Fire
Amount Account Description Business Unit
150 Travel Expense Fire
150 Office Supplies Police Sworn
148 Computers IT Operating
147 Employee Award Organizational Services
145 Operating Supplies Softball
143 Operating Supplies Fire
143 Miscellaneous Internal Events
140 Conference/Training Finance
139 Operating Supplies Community Center Admin
138 Safety Supplies Utility Operations - General
136 Computers IT Operating
135 Operating Supplies IT Operating
135 Conference/Training Economic Development
134 Operating Supplies Police Sworn
132 Operating Supplies Public Safety Communications
130 Other Contracted Services Arts Center
129 Conference/Training IT Operating
128 Training Supplies Police Sworn
126 Special Event Fees Senior Center Programs
125 Travel Expense Fire
124 Operating Supplies Outdoor Center
124 Repair & Maint. Supplies City Hall (City Cost)
123 Capital Under $25,000 Senior Center Programs
123 Capital Under $25,000 Senior Center Admin
123 Licenses, Taxes, Fees Engineering
123 Licenses, Taxes, Fees Engineering
122 Miscellaneous IT Operating
122 Operating Supplies Youth Programs Admin
120 Equipment Parts Fleet Operating
120 Operating Supplies Community Center Admin
119 Operating Supplies Community Center Admin
119 Operating Supplies Public Safety Communications
119 Office Supplies Police Sworn
115 Conference/Training Engineering
114 Employee Award Organizational Services
113 Operating Supplies Police Sworn
112 Operating Supplies Youth Programs Admin
110 Advertising Tennis
108 Operating Supplies Park Maintenance
107 Operating Supplies Summer Theatre
105 Operating Supplies Pool Operations
104 Operating Supplies Arts Center
104 Travel Expense Fire
102 Operating Supplies Community Center Admin
101 Training Supplies Utility Operations - General
100 Licenses, Taxes, Fees Fitness Classes
Amount Account Description Business Unit
100 Operating Supplies Park Maintenance
100 Operating Supplies Arts Center
99 Conference/Training Human Resources
99 Conference/Training Human Resources
99 Landscape Materials/Supp Street Maintenance
97 Equipment Parts Fleet Operating
95 Operating Supplies Street Maintenance
94 Operating Supplies Birthday Parties
93 Repair & Maint. Supplies City Hall (City Cost)
92 Operating Supplies Pool Operations
92 Operating Supplies Arts Center
90 Operating Supplies Senior Center Programs
89 Software/Hardware Maint.Fire
89 Operating Supplies Park Maintenance
87 Deposits General Fund
86 Operating Supplies Community Center Admin
86 Operating Supplies Pool Operations
85 Patching Asphalt Street Maintenance
84 Travel Expense Utility Operations - General
82 Operating Supplies New Adaptive
80 Operating Supplies Fire
80 Operating Supplies Pool Operations
79 Conference/Training Utility Operations - General
78 Operating Supplies Special Events Admin
75 Capital Under $25,000 Public Safety Communications
75 Conference/Training Inspections-Administration
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 Tuition Reimbursement/School Police Sworn
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 Tuition Reimbursement/School Police Sworn
74 Operating Supplies Arts Center
72 Conference/Training Pool Operations
72 Operating Supplies Outdoor Center
72 Tuition Reimbursement/School Police Sworn
70 Other Contracted Services Winter Theatre
70 Software/Hardware Maint.IT Operating
69 Dues & Subscriptions Athletic Programs Admin
68 Office Supplies Police Sworn
68 Computers IT Operating
67 Capital Under $25,000 Senior Center Admin
Amount Account Description Business Unit
67 Operating Supplies Arts Center
67 Equipment Repair & Maint Senior Center Programs
66 Operating Supplies Outdoor Center
66 Operating Supplies Tree Disease
66 Operating Supplies Outdoor Center
65 Operating Supplies Softball
64 Tuition Reimbursement/School Police Sworn
64 Operating Supplies Arts Center
63 Equipment Parts Fleet Operating
60 Operating Supplies Park Maintenance
60 Operating Supplies Pool Operations
60 Operating Supplies Outdoor Center
58 Training Supplies Police Sworn
58 Software/Hardware Maint.IT Operating
57 Repair & Maint. Supplies City Hall (City Cost)
57 Operating Supplies Fitness Classes
56 Motor Fuels Fleet Operating
56 Office Supplies Utility Operations - General
55 Repair & Maint. Supplies Pool Maintenance
53 Operating Supplies Arts Center
53 Operating Supplies Police Sworn
52 Operating Supplies Fire
50 Conference/Training Inspections-Administration
50 Operating Supplies IT Operating
49 Operating Supplies Pool Operations
48 Conference/Training Community Development Admin.
48 Conference/Training Community Development Admin.
48 Conference/Training Pool Operations
48 Software/Hardware Maint.IT Operating
48 Office Supplies Park Maintenance
47 Clothing & Uniforms Summer Theatre
46 Operating Supplies Theatre Initiative
45 Repair & Maint. Supplies City Hall (City Cost)
45 Conference/Training Park Maintenance
45 Conference/Training Youth Programs Admin
45 Operating Supplies Youth Programs Admin
44 Clothing & Uniforms Police Sworn
44 Licenses, Taxes, Fees Fitness Classes
44 Conference/Training Police Sworn
42 Operating Supplies Fire
42 Operating Supplies Arts Center
41 Operating Supplies Senior Center Admin
41 Conference/Training Pool Operations
40 Operating Supplies Arts Center
40 Operating Supplies Arts Center
40 Repair & Maint. Supplies Park Maintenance
Amount Account Description Business Unit
40 Merchandise for Resale Concessions
38 Office Supplies Police Sworn
38 Skate Sharpening Ice Operations
38 Operating Supplies Tree Disease
38 Operating Supplies Public Safety Communications
37 Operating Supplies Pool Operations
37 Advertising Special Events Admin
36 Merchandise for Resale Concessions
36 Special Event Fees Senior Center Programs
36 Operating Supplies Pool Operations
36 Operating Supplies Riley Lake Beach
35 Operating Supplies Fire
35 Other Contracted Services Riley Lake
35 Other Contracted Services Staring Lake
35 Other Contracted Services Smetana Park
35 Operating Supplies Police Sworn
35 Conference/Training Police Sworn
35 Operating Supplies Public Safety Communications
34 Operating Supplies Sustainable Eden Prairie
33 Operating Supplies Arts Center
33 Operating Supplies Theatre Initiative
33 Computers IT Operating
33 Conference/Training IT Operating
32 Operating Supplies Arts Center
32 Conference/Training Utility Operations - General
32 Operating Supplies Community Center Admin
31 Operating Supplies Public Safety Communications
31 Travel Expense Utility Operations - General
31 Conference/Training Utility Operations - General
30 Miscellaneous Administration
30 Operating Supplies Utility Operations - General
30 Employee Award Internal Events
30 Training Fire
30 Training Fire
30 Conference/Training Police Sworn
30 Conference/Training Police Sworn
30 Operating Supplies Youth Programs Admin
30 Operating Supplies Youth Programs Admin
29 Equipment Repair & Maint Park Maintenance
29 Operating Supplies Outdoor Center
28 Operating Supplies Arts Center
28 Equipment Parts Fleet Operating
28 Conference/Training Utility Operations - General
26 Operating Supplies Arts Center
26 Operating Supplies Outdoor Center
26 Repair & Maint. Supplies Park Maintenance
Amount Account Description Business Unit
26 Operating Supplies Arts Center
25 Postage Fire
25 Conference/Training Community Center Admin
25 Conference/Training Aquatics Admin.
25 Operating Supplies Engineering
25 Other Contracted Services Organizational Services
25 Operating Supplies Arts Center
25 Training Supplies Fire
25 Training Supplies Fire
24 Operating Supplies IT Operating
24 Skate Sharpening Ice Operations
23 Computers IT Operating
23 Repair & Maint. Supplies City Hall (City Cost)
22 Operating Supplies Senior Center Admin
22 Miscellaneous Administration
22 Employee Award Organizational Services
22 Operating Supplies Tree Disease
21 Operating Supplies Pool Operations
20 Office Supplies Police Sworn
20 Advertising Theatre Initiative
20 Capital Under $25,000 Senior Center Admin
20 Operating Supplies Tree Disease
20 Operating Supplies IT Operating
20 Operating Supplies Fit Kids Club
20 Operating Supplies Pool Operations
19 Other Contracted Services Organizational Services
18 Operating Supplies Outdoor Center
18 Operating Supplies Winter Theatre
18 Operating Supplies Fitness Center
18 Operating Supplies Arts Center
18 Merchandise for Resale Concessions
18 Travel Expense Fire
18 Clothing & Uniforms Theatre Initiative
17 Dues & Subscriptions Police Sworn
17 Operating Supplies Arts Center
16 Operating Supplies Housing and Community Service
15 Dues & Subscriptions Communications
15 Printing Fire
15 Office Supplies Police Sworn
15 Office Supplies Police Sworn
15 Operating Supplies Prairie Village Liquor Store
14 Office Supplies Police Sworn
14 Office Supplies Police Sworn
14 Operating Supplies Arts Center
14 Operating Supplies Arts Center
14 Operating Supplies Volunteers
Amount Account Description Business Unit
14 Operating Supplies Police Sworn
13 Dues & Subscriptions Police Sworn
13 Dues & Subscriptions Police Sworn
13 Equipment Repair & Maint Senior Center Programs
13 Operating Supplies Youth Programs Admin
13 Equipment Repair & Maint Public Safety Communications
13 Office Supplies Police Sworn
12 Operating Supplies Theatre Initiative
12 Office Supplies Arts Center
12 Operating Supplies Volunteers
12 Operating Supplies Arts Center
12 Operating Supplies Prairie View Liquor Store
12 Operating Supplies Community Center Admin
11 Training Supplies Fire
11 Operating Supplies Pool Operations
11 Conference/Training Police Sworn
11 Conference/Training Police Sworn
11 Operating Supplies Arts Center
10 Operating Supplies July 4th Celebration
10 Operating Supplies Tree Disease
10 Operating Supplies Theatre Initiative
9 Operating Supplies Arts Center
9 Operating Supplies Community Center Admin
9 Operating Supplies IT Operating
9 Office Supplies Senior Center Admin
9 Operating Supplies Elections
9 Operating Supplies IT Operating
8 Dues & Subscriptions Police Sworn
7 Operating Supplies Senior Center Admin
7 Operating Supplies Specialty Fitness Programs
7 Postage Fire
7 Operating Supplies Fitness Admin.
6 Operating Supplies Arts Center
5 Operating Supplies Arts Center
4 Operating Supplies Arts Center
4 Bank and Service Charges Customer Service
3 Operating Supplies Arts Center
-1 Deposits General Fund
-3 Repair & Maint. Supplies Senior Center
-9 Operating Supplies Police Sworn
-9 Repair & Maint. Supplies Senior Center
-14 Repair & Maint. Supplies Water Treatment
-14 Repair & Maint. Supplies Water Treatment
-14 Repair & Maint. Supplies Water Treatment
-14 Operating Supplies Police Sworn
-15 Office Supplies Police Sworn
Amount Account Description Business Unit
-15 Printing Fire
-18 Conference/Training Fitness Admin.
-18 Conference/Training Fitness Admin.
-18 Conference/Training Fitness Admin.
-39 Capital Under $25,000 Senior Center Programs
-100 Repair & Maint. Supplies Water Treatment
-105 Deposits General Fund
-123 Capital Under $25,000 Senior Center Admin
-149 Conference/Training Engineering
-160 Clothing & Uniforms Utility Operations - General
-219 Tuition Reimbursement/School Police Sworn
93,158 Report Total
CITY COUNCIL AGENDA
SECTION: Appointments
DATE
June 14, 2022
DEPARTMENT
Rick Getschow
City Manager
ITEM DESCRIPTION
Student on Commissions Appointments for the
2022-2023 School Year
ITEM NO.
XIII.A.
Requested Action Move to:
• Appoint to the Flying Cloud Airport Advisory Commission –
• Appoint to the Heritage Preservation Commission –
• Appoint to the Human Rights and Diversity Commission –
• Appoint to the Parks, Recreation, and Natural Resources Commission –
• Appoint to the Sustainability Commission – Synopsis
Applications for Students on Commissions positions were accepted from mid-April to the end of May. More than 50 applications were received this year, and there were more applicants than spots available on Commissions. Commission Staff Liaisons reviewed the applications. The appointment recommendations are based on the students’ stated Commission preferences and the quality of their applications.
An orientation session will be held in late August. Background Information
In 1992, the City Council initiated a program to provide student residents in Eden Prairie with the opportunity to serve on City Commissions as non-voting members. The program has grown and changed over time to reflect modifications made to the City’s Commissions, the addition of Commissions eligible for student appointments, and the desire to include more students in the program.