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City Council - 07/12/2022
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, JULY 12, 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 BUDGET (5:30-6:00) II. LIQUOR OPERATIONS (6:00-6:30) Open Podium - Council Chamber (6:30) III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JULY 12, 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. TOUR DE TONKA B. ACCEPT $5,000 DONATION FOR SAFETY CAMP FROM EDEN PRAIRIE CRIME PREVENTION FUND (Resolution) C. ACCEPT DONATION FROM COLLEEN AND GREG WEBER TO BE USED TOWARDS RESTORATION OF FLYING RED HORSE (Resolution) V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, JUNE 14, 2022 B. CITY COUNCIL MEETING HELD TUESDAY, JUNE 14, 2022 VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS VIII. CONSENT CALENDAR A. CLERK’S LIST B. ADOPT RESOLUTION ADOPTING HENNEPIN COUNTY CITIZEN PARTICIPATION PLAN FOR 2020-2024 EDEN PRAIRIE CDBG CONSOLIDATED PLAN C. AWARD CONTRACT FOR PURCHASE OF MATERIAL FOR CITY CITY COUNCIL AGENDA July 12, 2022 Page 2 CENTER LED LIGHTING PROJECT TO GRAYBAR ELECTRIC COMPANY, INC. D. AWARD CONTRACT FOR INSTALLATION OF LED LIGHTING AT CITY CENTER TO PRAIRIE ELECTRIC E. AWARD CONTRACT FOR REPLACEMENT OF ALL THREE LIQUOR STORES CARPETING TO LAVAN FLOOR COVERING COMPANY F. AWARD CONTRACT FOR MILL AND OVERLAY PROJECT AT MAINTENANCE FACILITY TO S.M. HENTGES & SONS INC. G. AWARD CONTRACT TO PURCHASE A NEW ICE RESURFACER ZAMBONI 552AC FOR COMMUNITY CENTER ICE MAINTENANCE H. APPROVE PURCHASE AND IMPLEMENTATION OF CISCO SWITCHES FROM LOGIS I. APPROVE CONTRACTS WITH AVI SYSTEMS, INC. FOR MEETING BROADCAST AUDIO EQUIPMENT REPLACEMENT AND INTEGRATION J. ADOPT RESOLUTION ESTABLISHING ABSENTEE BALLOT BOARD FOR 2022 PRIMARY ELECTION K. ADOPT RESOLUTION WITHDRAWING CITY’S PARTICIPATION IN RETIREMENT ENHANCEMENT AND BENEFIT ALTERNATIVES PROGRAM L. AWARD CONTRACT TO SWANSON & YOUNGDALE INC. FOR PAINTING THREE RIVERS PARK DISTRICT BRIDGE NO. 27A26 M. APPROVE CONSTRUCTION CONTRACT WITH MINGER CONSTRUCTION CO., INC. TO PERFORM STRUCTURAL REPAIRS OF TWO DEEP SANITARY SEWER MANHOLES N. APPROVE CONTRACT WITH R&H PAINTING, LLC DBA HYPERLINE FOR MANHOLE RELINING REPAIRS O. DECLARE 2022 PROPERTY LIST AS SURPLUS AND AUTHORIZE TRANSFER OF SURPLUS TURNOUT GEAR P. RENEW LEASE FOR RILEY LAKE PARK RENTAL HOUSE IX. PUBLIC HEARINGS / MEETINGS CITY COUNCIL AGENDA July 12, 2022 Page 3 A. TRICAM INDUSTRIES by Plan Force Group. Resolution for Planned Unit Development Concept Review on 3.24 acres, First Reading of an Ordinance for Planned Unit Development Amendment on 3.24 acres (Resolution for PUD Concept Review, Ordinance for PUD Amendment) B. VACATION OF DRAINAGE AND UTILITY EASEMENTS (Resolution) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR 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 and Presentations DATE: July 12, 2022 DEPARTMENT / DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Donation for Safety Camp from the Eden Prairie Crime Prevention Fund ITEM NO.: IV.B. Requested Action Move to: Adopt Resolution accepting the donation of $5,000 from the Eden Prairie Crime Prevention Fund that was donated from Comcast to go towards Safety Camp. Synopsis A donation from Comcast was made to the Eden Prairie Crime Fund, who have donated the $5,000 to the City. Background The City of Eden Prairie through the collaborative efforts of the Parks and Recreation Department, Police and Fire Departments has been providing safety education in a recreational camp setting for the past 30 years. Safety topics include fire, water, bike, pedestrian, poison, bully awareness and more. A graduation ceremony is held on the final day where campers received a participation certificate and medal. The City of Eden Prairie collaborates and partners with various local agencies to ensure the ongoing success of the Eden Prairie Safety Camp, including Climb Theater, Hennepin County Medical Center, Center Point Energy and National Weather Service. 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 in the amount of $5,000 to be used towards Safety Camp from the Eden Prairie Crime Prevention Fund is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 12th day of July, 2022. _______________________ Ronald A. Case, Mayor ATTEST: ______________________ Katie O’Connor, Deputy City Clerk CITY COUNCIL AGENDA SECTION: Proclamations / Presentations DATE: July 12, 2022 DEPARTMENT/DIVISION: Jay Lotthammer, Director, Parks and Recreation ITEM DESCRIPTION: Accept Donation from Colleen and Greg Weber to be used towards the Restoration of the Flying Red Horse ITEM NO.: IV.C. Requested Action Move to: Adopt the Resolution accepting the donation in the amount of $500 from Colleen and Greg Weber to be used towards the Restoration of the Flying Red Horse. Synopsis This donation will go to help restore the previously donated Flying Red Horse sign. Background Several years ago, the city accepted the donation of the iconic Flying Red Horse sign. Restoration of the sign is needed prior to installation. This donation will assist with the restoration. 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 in the amount of $500 to be used towards Restoration of the Flying Red Horse from Colleen and Greg Weber is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 12th day of July, 2022. _______________________ Ronald A. Case, Mayor ATTEST: ______________________ Katie O’Connor, Deputy City Clerk UNAPPROVED MINUTES 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 Council Member Nelson was not in attendance. Case noted there are some instances timelines for projects have been changed when there were many requests from constituents. Getschow provided the example of body cameras for the police department being a project completed sooner than anticipated. The Capital Improvement Plan (CIP) provides an overview of anticipated projects. All of these projects would come back to the Council individually for approval at a meeting. Narayanan inquired what percentage is delegated to various projects. Getschow responded projects fluctuate every year, so no percentage is assigned. For example, there may be more road projects one year than the next. Sustainability projects are classified differently. Case added assigning percentages may look good, but it would limit the Council. Tammy Wilson, Finance Manager, stated the presentation will be a review of the proposed CIP and will provide an opportunity for Council to provide feedback and direction. The CIP will come before the Council on December 6 for a public hearing and adoption. The CIP provides systematic planning, scheduling, and financing of capital projects. It preserves and expands capital in a way that is sustainable and affordable for Eden Prairie citizens. It consists of various funds and funding sources. With the CIP, the City is able to maintain infrastructure, continue a strong pay-as-you-go program, have debt levels remain stable, and maintain the City’s bond rating. Wilson stated when referencing the summary by department, you can see community development decreased by $6,180,000. All of the Tax Increment Finances (TIF) projects City Council Workshop Minutes June 14, 2022 Page 2 have been removed from the CIP and moved over to the Strategic Plan for Housing and Economic Development. TIF projects will still be done the same way. Getschow added most of these funds were through Community Block Development Grants (CBDG) and housing rehabilitation loans. It didn’t necessarily fit under the CIP. Getschow noted the City is not decreasing capital spending. The budget has increased by five million dollars. Narayanan inquired what is considered a capital project. Wilson responded anything over $25,000 and with a life of three years or more. Narayanan inquired about computers. Wilson replied computers are in the IT operating budget. Wilson provided differences between the proposed projects and the 2021 to 2030 CIP were highlighted. Engineering is estimated to decrease by nine million dollars, but it depends on the projects. Park and Recreation increased primarily for the Round Lake shelter and Miller Court project. Utility vehicles are now being included under the fleet fund. Case inquired if electric vehicles (EV) have increased the fleet services proposed amount. Ellis responded yes. There are greater increases for larger vehicles such as the heavy equipment. Narayanan inquired the information technology (IT) proposed projects. Getschow replied most of it is attributed to network and fiber infrastructure. Toomey inquired if the proposed projects for the police department include a building remodel or new offices. Getschow replied there will be some further discussion on plans for changes and how the City would like to use the open office spaces from the vacancy of United Natural Foods, Inc. (UNFI). Using some of that space would mean less space to rent but also less buildings to maintain. The remodel would be at least three years away, but there would even be a possibility to reimagine the meeting spaces. The funding is in this plan. Case stated the City’s police department entrance is much less desirable than other cities. If the police department were to be on the other side of the building, there could be a more defined entrance. Getschow added another possibility is to consider how to remodel the current entrance. Narayanan inquired about what is included in community development. Getschow stated those funds are designated for entry monument signs, economic development, and projects related to light rail transit (LRT). Wilson stated the total proposed amount for 2023 projects is $30,409,485, and the 2024 projects total $24,571,100. The CIP includes many funds, one of which is the capital maintenance and reinvestment fund. It is projected the year 2023 will start with around $10 million dollars of fund balance. By 2023 the total fund balance will be around two million dollars. There are dedicated revenue sources for the fund, but one time revenue is sometimes transferred into this fund. For example, if there is excess fund balance in the general fund. Those funds are not included in the projections. This is how the CIP is meant to operate as far as projections. Case inquired about what has caused a fund balance transfer. Wilson replied some examples are excess development revenue or the American Rescue Plan Act City Council Workshop Minutes June 14, 2022 Page 3 (ARPA) funds. Getschow added the City budgets more than has been spent. We are conservative with how we budget development revenue. Wilson stated liquor operation funds, tax levy, antennae revenue, and rent from the Smith House are all projected in the capital maintenance and reinvestment fund balance. Some of the projects being funded out of the capital maintenance and reinvestment fund include engineering projects such as roadway maintenance, American Disability Act (ADA) ramp improvement program, West 70th Street East segment, and Willow Creek Road bridge and culvert replacement. The projects for 2023 and 2024 in engineering amount to $5,170,000. Freiberg asked about what roadway maintenance includes. Ellis noted this is better referred to as roadside maintenance which includes repairing fences, repainting sound walls, and replacing portions of guardrail. Getschow noted the presentation will run through projects based on their funding source. Wilson stated the next slide reviews fire department projects from the capital improvement and reinvestment fund. This does not include the purchase of fire trucks. Those will be funded with debt. The projects, such as City building security cameras and serve system, radio replacement, and rescue tool replacement, for 2023 and 2024 amount to $5,388,900, Parks and Recreation projects for the next two years amounts to $18,405,000. One of the larger projects in 2023 is the Round Lake Park building reconstruction. This project is budgeted at $1.3 million dollars, but it did come in about double the cost. The rest will be funded by the park improvement fund. Some of the other department projects to highlight are police, totaling $1,359,500, infrared laser sights replacement and rifles. Sustainability projects include installing additional EV charging stations for $80,000. Toomey inquired how many EV chargers the project includes. Rick Clark, Facilities Manager, stated this would be a dual fast charging station at Purgatory Creek. Narayanan asked if there is a charge to use this station. Clark replied yes. The project is under the assumption of Xcel paying to install the infrastructure. Wilson added fleet services mobile vehicle lifts and removal of in-floor hoists amounts to $30,000. Wilson noted the park improvement fund total projects amount to $6,990,000. This includes Miller Court Indoor Court Facility, Round Lake Park building reconstruction, park amenity upgrades, and Outdoor Center Master Plan Improvement. The economic development fund projects total $1,855,000. This fund gets revenue from the daycare center rental income and other purchased and sold land. The ending balance would be $1.8 million. Some of the projects include the West 70th Street East segment, entry monument signs, Town Center/Eden Road entry plaza, station area bike racks and plantings, and City West entry monument and art. Narayanan inquired about the cost of the entry monument sign. Getschow noted the total is for one to two signs and possibly over a bridge. Toomey inquired about the station area bike racks and plantings total. Klima responded this includes all bike racks and landscaping that was agreed upon for LRT. Getschow added these are locally funded improvements to the Metropolitan Council’s standard plan the City is required to pay for. City Council Workshop Minutes June 14, 2022 Page 4 The City will maintain these plantings. There are certain areas the Metropolitan Council has agreed to maintain with mowing. Freiberg inquired about the City West Entry Monument Art. Klima responded this is designated money for an art structure to be placed at the City West station plaza area. Case stated there are concerns from County Commissioners about a change in legislature and therefore a possibility of the LRT not being completed. He is optimistic no one would want to pay for the demolition, but there are many uncertainties about where the funds would come from to finish the project. Wilson stated there are $4.4 million dollars dedicated to sustainability projects. Some of the sustainability projects include EV charging stations and fire station one heating, ventilation, and air conditioning (HVAC) system. Other projects include $2.5 million for rink one, $500,000 for City Center HVAC, and $600,000 for LED lights. The facilities internal service fund is funded by user charges from the general fund. The total cost of projects over ten years is $7.6 million dollars. The Community Center makes up $570,000 in 2023 including rebuilding the gym floor. Case inquired why the flooring requires replacement. Lotthammer replied the flooring was installed in 2007, and it is a rubber material rather than wood. Wilson stated the Maintenance Facility projects, totaling $300,000 in 2023, include a vehicle gate and rooftop unit. The City wide building restoration costs are reoccurring. Some of the other projects include the City Center heat pump replacement happens annually; seal apparatus bay floor at Fire Station three; water and sewer at the DorenKemper house; roof, apparatus bay floor drain repair, and seal apparatus bay floor at Fire Station two; and HVAC replacement at Fire Station one. Wilson stated in regard to IT projects the internal and external network is a project spanning ten years at about $1.7 million dollars. Narayanan noted workstation upgrades is included in CIP. Rose added these upgrades include laptops with doc stations to have the ability for a virtual environment if needed. Narayanan inquired about cyber security. Getschow noted much of the work done with the network works towards preventing cyber security issues. Freiberg inquired if the City is vulnerable to attacks. Getschow noted the City tries to have the most robust firewalls possible, and there is insurance if this were to become an issue. Wilson stated fleet services projects total $20.6 million dollars. This includes vehicle and equipment replacement, mobile vehicle lifts and remove of in floor hoists, and maintenance shop upgrades. The transportation fund sources its funds from leftover assessments or municipal state aid (MSA). The projects total $2.4 million and include signal operations and improvements, Prairie Center Drive (PCD) Singletree regional center signals, PCD and Franlo intersection and traffic signals. Case inquired if the City is working towards updating to the blinking left turn signal. Ellis stated there are probably a dozen of the more expensive signals left to be done that qualify for this type of signal. City Council Workshop Minutes June 14, 2022 Page 5 Wilson stated the water fund is funded by citizens user charges. Water access charges will go towards well number 17 construction and the 101 water main loop. Case inquired where the new well is located. Ellis responded off Village Woods Drive to the west of Mitchell Road. They are currently drilling for the well. There have been neighborhood meetings, so they are aware there will be blasts during the drilling. Case inquired if this is through Prairie du Chein. Ellis replied yes. There is a raw water pipe that collects water from all the wells and it runs to the treatment plant and is dispersed out. Wilson noted the water funds larger projects will include the water meter change-out for commercial buildings and the Eden Prairie Road watermain replacement. Case inquired how the replacement will impact traffic. Ellis replied there will likely not be much of an impact to traffic. Wilson stated larger projects funded by the wastewater fund include Homeward Hills Road sewer lining and reoccurring sump pump collection. There are various smaller projects through the stormdrainage fund. Some of the other various funding come from MSA. These projects include the Dell Road design, funds for the county for the Pioneer Trail bridge design and the Eden Prairie Road bridge design. There is also funding through assessments and grants. The pavement management fund sources revenue from franchise fees. The fund balance is a little over $2 million dollars. At the end of the ten years the balance would be about $1.5 million dollars. These projects include franchise fee increases. Some of the larger projects are Pioneer Trail reconstruction for $1 million and Prairie Center Drive pavement rehabilitation for $755,000. Case inquired where the Pioneer Trail project is taking place. Ellis replied it is the old section by the community garden. Ellis stated there will be an upcoming workshop on franchise fees. Over the course of 60 years, a road should cost less than $6 a square foot. Today the City is sitting at a rating of about 86 or 87 out of 100 on the pavement condition index (PCI), on the lower cusp of excellent. At current funding levels, the City will likely be in the good rather than excellent in ten years for PCI. The City has been having to do more aggressive work sooner than expected due to not enough of a gravel base, and inflation is increasing project costs. 10 lane miles are in the category of very poor or poor. The goal is to improve those. Over the course of 10 years, with franchise fees, nearly every city street has been worked on. This has cost each homeowner about $780 total with franchise fees rather than being assessed. Wilson stated future debt would include three fire trucks and two skeeters in 2024, a couple more fire trucks in 2026, tower 41 in 2027, quint 11 in 2032, police remodel in 2025, and rink 1 ice in 2030. The projected debt levy would remain flat at $2.5 million until 2025. In 2026, it would slightly increase. The City policy states the annual debt levy shall remain less than 15 percent. With these debt issuances, it would be a little less than six percent. The City has maintained their Aaa Moody’s rating and AAA Standard & Poor’s rating. Open Podium - Council Chamber (6:30) City Council Workshop Minutes June 14, 2022 Page 6 II. OPEN PODIUM A. KARIN KEELING – CONSERVATION Karin Keeling, 11447 Anderson Lakes Pkwy, stated the City has 22,464 acres of land, and only 1,400 is undisturbed natural areas. Six percent is untouched. The Department of Natural Resources (DNR) letter stated they strongly recommend preserving prairie land. One percent of the remaining prairie land in the state is in Eden Prairie. Prairie lands are the habitat of the rusty patch bumblebee. She stated this is of great concern. Case responded the Council cares greatly about Eden Prairie and appreciates that the residents care. Less than about 50 percent of the City is developed when you consider places such as lakes and ball fields. The City has more open-space land than any other suburban city in the state of Minnesota. There are over 1,000 acres of park land and 4,500 acres of open space. Keeling stated she is referencing natural, undisturbed land. Case noted there will always be debates about undeveloped land getting developed. The City has to be careful to use tax dollars responsibly, and therefore decided not to purchase the land. The land in this example has been farmland for 60 years. The owner of the land has an approved development agreement. Had the City purchased this land for five million dollars, it would have been the most expensive acreage purchased in the history of Eden Prairie. III. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, JUNE 14, 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 Captain Christopher Wood, Fire Chief Scott Gerber, and City Attorney Maggie Neuville I. CALL THE MEETING TO ORDER Mayor Case called the meeting to order at 7:00 PM. Council Member Kathy Nelson was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS A. CITY GOVERNMENT ACADEMY GRADUATION Getschow announced it is graduation week in Eden Prairie. A number of community members participated in a City Government Academy over several weeks. He noted Southwest Transit lent a bus for use by the Academy. Additionally, Katie O’Connor did a great deal for the program. Getschow and Mayor Case presented certificates and recognized the graduates of the City Government Academy. Christy DePasquale thanked Staff and speakers for their efforts throughout the City Government Academy. There were knowledgeable speakers and spoke highly of their colleagues and work. Because of the Academy, she is a more engaged and informed community member. CITY COUNCIL MINUTES June 14, 2022 Page 2 Marilyn Corrigan noted her agreement with Ms. DePasquale. The Staff were very excited and proud to share their work with the Academy participants. Cathy Lau explained she is a new resident of Eden Prairie, and she learned a lot in the Academy. Long-term residents also learned a lot throughout the program. The City employees went out of their way to make the Academy a meaningful experience. Robert Lawton stated he signed up for the program to learn more about the City and become more involved. He learned a great deal about the City. Each Department was enthusiastic to share about their work. He thanked Staff for their work. Narayanan agreed the City runs so well due to the Staff. Case thanked the participants for their interest in the City. B. MARK WEBER RECOGNITION – EDEN PRAIRIE COMMUNITY FOUNDATION Case stated Mark Weber is an Eden Prairie institution and has made a difference in the community. Case read the proclamation and thanked Mark Weber for his commitment to the City. Weber thanked Staff and Council for their continued support of his efforts and how they run the City. Toomey thanked Mr. Weber for his commitment to Eden Prairie and his work to support those in need. Narayanan thanked Mr. Weber for his service. Mr. Weber is well-known throughout the community for his work and even founded some nonprofits himself. Freiberg explained he holds Mr. Weber in the highest regard. Case added Mr. Weber has made a difference and is admired. C. ACCEPT DONATION FROM BENEDICTINE SENIOR LIVING IN SHAKOPEE FOR SENIOR CENTER GARDEN PARTY (Resolution 2022- 74) Lotthammer explained this item is to accept a donation for the Senior Center to help fund the annual Senior Center Garden Party from Benedictine Senior Living in Shakopee. MOTION: Toomey moved, seconded by Narayanan, to adopt Resolution No. 2022-74 accepting the donation in the amount of $250 from Benedictine Senior CITY COUNCIL MINUTES June 14, 2022 Page 3 Living in Shakopee to Senior Center Garden Party. Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Case added two Council Member Report Items to the agenda. MOTION: Narayanan moved, seconded by Freiberg, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, MAY 17, 2022 B. CITY COUNCIL MEETING HELD TUESDAY, MAY 17, 2022 MOTION: Toomey moved, seconded by Freiberg, to approve the minutes of the Council workshop held Tuesday, May 17, 2022, and the City Council meeting held Tuesday, May 17, 2022, as published. Motion carried 4-0. 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 14-2022-PUD-8 2022 Amendment, Resolution 2022-75 for Site Plan Review, Develop-ment Agreement) C. ADOPT RESOLUTION 2022-76 APPROVING FINAL PLAT OF GOLDEN TRIANGLE TOD D. ADOPT RESOLUTION 2022-77 APPROVING FINAL PLAT OF SUITE LIVING E. ADOPT RESOLUTION 2022-78 APPROVING PARTICIPATION IN PER- FORMANCE MEASUREMENT PROGRAM ESTABLISHED BY COUN-CIL ON LOCAL RESULTS AND INNOVATION F. DECLARE OBSOLETE EQUIPMENT AS SURPLUS G. APPROVE PURCHASE AND IMPLEMENTATION OF COHESITY CITY COUNCIL MINUTES June 14, 2022 Page 4 BACKUP SOLUTION FROM XIGENT H. AWARD CONTRACT FOR CUMMINS PHIPPS GRILL HOUSE ROOF REPLACEMENT TO EQUITY BUILDERS I. ADOPT RESOLUTION 2022-79 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 ADMIN-ISTRATION FOR MANOR ROAD NORTH DRAINAGE IMPROVE-MENTS PROJECT Q. ADOPT RESOLUTION 2022-80 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 MOTION: Narayanan moved, seconded by Freiberg, to approve Items A-R on the Consent Calendar. Motion carried 4-0. IX. PUBLIC HEARINGS / MEETINGS A. VACATION OF DRAINAGE AND UTILITY EASEMENTS (Resolution 2022-81) CITY COUNCIL MINUTES June 14, 2022 Page 5 Getschow stated 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. There were no comments from the audience. MOTION: Narayanan moved, seconded by Freiberg, to close the public hearing, and to adopt Resolution No. 2022-81 Vacating Drainage and Utility Easements. Council comment here. VOTE ON THE MOTION: Motion carried 4-0. X. PAYMENT OF CLAIMS MOTION: Toomey moved, seconded by Freiberg, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Toomey and Case voting “aye.” XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS XIII. APPOINTMENTS A. STUDENT COMMISSIONS Getschow explained Staff is proud of the active program. It is very popular as there were more than 50 applications. Other cities have asked how Eden Prairie builds such excitement. Eden Prairie’s program deeply involves students in the work of the Commission, even though they may not be voting members. He noted there is a preference for rising seniors. MOTION: Toomey moved to appoint to the Flying Cloud Airport Advisory Commission – Aadit Bhavsar, Luke Brown, Julie Fang, Aditya Kshirsagar, Landon McDowell, Darren Tanubrata, Anirudh Vadrevu; Narayanan moved to appoint to the Heritage Preservation Commission – Avik Garg, Sophie Lunda, Mary Margaret Mellen, Ilhaam Mohamed, Jash Parekh, Suweda Said, Siri Tangeti; Case moved to appoint to the Human Rights and Diversity Commission – Muntaaz Ciise, Morgan Cook, Ayan Ibrahim, Hina Kazama, CITY COUNCIL MINUTES June 14, 2022 Page 6 Taslim Olad, Ananya Sagi, Sudiksha Talla; Freiberg moved to appoint to the Parks, Recreation, and Natural Resources Commission – Pranay Dhiman, Patrick Landwehr, Khoi Nguyen, Marissa Peterson, Dain Volz, Ellie Watanabe, Emilija Zarin; Toomey moved to appoint to the Sustainability Commission – Tanvi Bhujle, Mia Cain, Palak Dhiman, Maura Fitzgerald, Tyler Little, Taylor Oliver, Suchita Sah. Seconded by Freiberg. Motion carried 4-0. XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS 1. U.S. Conference of Mayor’s Report Case explained all Mayors from across the country of cities with a population of 30,000 or larger gathered at a conference. In the past, President Biden and Vice President Harris have spoken. Additionally, previous conferences included travel to the White House to see former President Trump. Case attended a discussion about public transportation and the United States is clearly moving toward electric vehicles. He also attended one about supporting small businesses and entrepreneurship, which was hosted by the Burnsville Mayor. Additionally, he participated in a session about emergency preparedness and one about homelessness. The Miami Mayor led the discussion about homelessness, and Miami has nearly eliminated homelessness. He added a nonprofit awards cities with pet-friendly awards, and Eden Prairie meets all of the criteria. 2. Pets in Vehicles Case stated a resident contacted him with concerns about pets being locked in hot cars. The resident has called police. Case explained there is a State Statute that applies to pets in vehicles. B. REPORT OF CITY MANAGER C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF CITY COUNCIL MINUTES June 14, 2022 Page 7 G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Narayanan moved, seconded by Freiberg, to adjourn the meeting. Motion carried 4-0. Mayor Case adjourned the meeting at 7:50 p.m. - 1 - CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 12, 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: Eden Prairie Community Foundation Event: Prairie Brewfest (Beer & Wine Tasting) Date: September 10, 2022 Place: Purgatory Creek Park 13001 Technology Drive (Inclement weather location: SouthWest Station parking ramp, 13500 Technology Drive) Amendment to Liquor License – 2AM Closing Permit - Renewal Licensee Name: American Multi-Cinema, Inc DBA: AMC Theatres Eden Prairie 18 8251 Flying Cloud Drive, #4000 CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 12, 2022 DEPARTMENT/DIVISION: Julie Klima, Community Development Director; Jeanne Karschnia, Housing Services Coordinator ITEM DESCRIPTION: Adopt Hennepin County Community Development Block Grant (CDBG) Citizen Participation Plan ITEM NO.: VIII.B. Requested Action Move to: Adopt Resolution adopting the Hennepin County Citizen Participation Plan for the 2020-2024 Eden Prairie CDBG Consolidated Plan. Background Information The City of Eden Prairie, an entitlement community under the Community Development Block Grant (CDBG) Program, participates as a member of the Hennepin County Consortium for federal CDBG and HOME funds. The consortium submitted a five-year Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD) in 2020 that states that Eden Prairie will follow Hennepin County’s Citizen Participation Plan. By adopting this plan, Eden Prairie will not, per HUD guidance, be required to publish its own Citizen Participation Plan. Attachment Resolution Hennepin County Citizen Participation Plan CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022- RESOLUTION TO ADOPT THE HENNEPIN COUNTY CITIZEN PARTICIPATION PLAN WHEREAS, the City of Eden Prairie, an entitlement community under the Community Development Block Grant (CDBG) Program, participates as a member of the Hennepin County Consortium for federal CDBG and HOME funds; and WHEREAS, the 2020-2024 Consolidated Plan process is designed to help states and local jurisdictions assess their affordable housing and community development needs and market conditions, and to make data-driven, place-based investment decisions; and WHEREAS, under 24 CFR Part 91, Subpart B, 91.105, the adoption of a Citizen Participation Plan is a requirement for the Consolidated Plan process for recipients of CDBG funding; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie adopts Hennepin County’s Citizen Participation Plan as part of the 2020-2024 Consolidated Plan. ADOPTED by the City Council of the City of Eden Prairie this 12th day of July 2022. ______________________________ Ronald A Case, Mayor ATTEST: ________________________ Katie O’Connor, Deputy City Clerk Citizen Participation Plan for Consolidated Plan 2020-2024 The Citizen Participation Plan Encouragement of citizen participation. The citizen participation plan must provide for and encourage citizens to participate in the development of the Consolidated Plan, the Annual Action Plan and the Annual Performance Report. This plan is designed to encourage participation by low and moderate income persons and by residents of predominantly low and moderate income neighborhoods. It sets forth the process to be followed for the development and evaluation of programs and activities covered in the five-year Consolidated Plan and Annual Action Plans. Amendments to the 2020-2024 Consolidated Plan Amendments to the Consolidated Plan (ConPlan) previously adopted by the Hennepin County Board of Commissioners and approved by HUD will be considered at the following levels: Minor Amendment Is a modification that does not alter the purpose or intended beneficiaries of the Consolidated Plan goals. These amendments may be corrections or clarifications. These changes do not require public notice, a public comment period or Hennepin County Board of Commissioners action. Substantial Amendment Changes that, add, delete or alter the Consolidated Plan Priority Needs or Goals. These Amendments will require: • the initiating entity’s governing body should also take action on the Amendment during or at the end of the 30-day public comment period. • Public Notice to be published in the local paper by the initiating entity (either the entitlement city or Hennepin County) to provide an opportunity for public comment for a minimum of 30 days prior to Hennepin County Board taking action on the Amendment. • Hennepin County Board Action. Amendments to the Consolidated Plan can only be initiated by Hennepin County in the HUD IDIS system. Amendments to an Annual Action Plan Amendments to an Annual Action Plan (AAP) previously adopted by the Hennepin County Board of Commissioners and approved by HUD will be considered at the following levels: Minor Amendment 1) Increases or decreases the amount awarded to a project by less than 25 percent; or 2) Changes the eligible activity or location of a project, but not the purpose, scope or intended beneficiaries. These changes do not require public notice, a public comment period, or action by the city council or the Hennepin County Board of Commissioners action and are considered “revisions”. General Amendment 1) Increases or decreases the amount awarded to a project by 25-50 percent of the original budget; or 2) Increases or decreases the amount awarded to a project by 50 percent or more of the original budget and the amount being reallocated is less than $100,000; or 3) Cancels a project. Notification of the general amendment and comment period will be published in the official newspaper by the entity initiating the amendment for at least a 15 day period prior to approval of the required formal action by the entity initiating the amendment. A public hearing is not required. All comments received during the comment period will be considered prior to approval and implementation of the general amendment. Substantial Amendment 1) Increases or decreases the amount awarded to project by a minimum of $100,000 and the increase is 50 percent or more of the original budget, 2) Changes the purpose, scope or intended beneficiaries of a project; or 3) Creates a new project. Notification of the substantial amendment and comment period will be published in the official newspaper for the county or city initiating the amendment for at least a 30 day period prior to approval of the required formal action by the entity initiating the amendment. A public hearing is not required. All comments received during the comment period will be considered prior to approving and implementation the substantial amendment. A summary of any written comments received and a copy of the written response from the county or city will be attached to the substantial change amendment. CDBG Entitlement Cities: As of January 2020, these are Bloomington, Eden Prairie, and Plymouth. Amendments must be approved by their respective council or a body that has been delegated responsibilities relevant to the CDBG program. CDBG Urban County direct allocation cities: Amendments must be approved by the direct allocation city council and the Hennepin County Board. CDBG Consolidated Pool cities: Amendments will be approved by the County Board. HOME Consortium: Amendments will be approved by the County Board. Hennepin County will be the final arbiter of matters relating to the amendment process for CDBG, HOME and ESG funds (except CDBG funds received directly from HUD by Bloomington, Eden Prairie, and Plymouth). Access to Information Plan records and information, consistent with state and local laws regarding personal privacy and obligations of confidentiality, are available for citizen review at Hennepin County Housing and Economic Development Department, Housing Division, 701 Fourth Avenue S, Suite 400, Minneapolis, Minnesota 55415. The office may be reached by phone to the main number at 612-348-9260 or to Housing Manager 612-543-4342 during normal business hours. 2020-2024 Consolidated Plan (ConPlan): The proposed Consolidated Plan and the Annual Action Plan will be made available to the public for comment for at least 30 days and a public hearing will be held before the Hennepin County Board of Commissioners before it is approved. Annual Action Plan (AAP) The proposed Annual Action Plan will be made available to the public for comment for at least 30 days and a public hearing will be held before the Hennepin County Board of Commissioners before it is approved. These will run concurrent to the ConPlan period, in the first year of a new Five-year plan. Annual Performance Report (CAPER): The Consolidated Annual Performance and Evaluation Report (CAPER), which includes the entitlement cities, will be made available to the public for at least 15 days and a public hearing will be held before the County Board of Commissioners before it is submitted to HUD. During Public Comment Periods: During public comment periods, one copy of the applicable DRAFT document will be available per requesting agency. Typically, printed copies of the DRAFT documents will also be available at Hennepin County regional libraries (Southdale, Ridgedale and Brookdale). All of these sites are accessible for person with mobility impairments. In addition, at a minimum, the executive summary of the DRAFT documents will also be available on the Hennepin County website at www.hennepin.us. Typically, access to this website is available to those without computers at any Hennepin County library. Library staff is able to assist those without computer experience. Hennepin County will make reasonable accommodation to provide relevant documents for review in accessible formats upon request. Information will also be made available through translation or interpretation in Spanish, Somali, Hmong, Russian, Laotian, Vietnamese, Cambodian, Oromiffa and Arabic, consistent with federal requirements and the Hennepin County Limited English Proficiency (LEP) Plan. DRAFT Documents include: • Proposed Consolidated Plan • Proposed Annual Action Plan • Consolidated Annual Performance and Evaluation Report (CAPER). Public Hearings Public hearings will be held to hear citizens’ views about housing and community development needs, proposed use of CDBG, HOME and ESG funds, and progress in meeting identified goals and objectives. Hearings will be held in places accessible to persons with disabilities and appropriate accommodations will be made to meet the needs of non-English speaking attendees. The purpose of the public hearings will be to: • Hear views of citizens, public agencies and other interested parties. • Respond to proposals and comments at all stages of the consolidated submission process. • Identify housing and community development needs. • Review proposed use of funds. • Review program performance. A minimum of two hearings for each annual program cycle will be held at different times during the Program Year (PY). The Program Year starts July 1st of each year and ends June 30th of the following year. Hennepin County Board of Commissioners will hold one hearing prior to approval of the Consolidated Plan and/or the Annual Action Plan, and one hearing will be held prior to the submission of the Consolidated Annual Performance and Evaluation Report (CAPER) to HUD. Typically, the public hearing on the Annual Action Plan will occur in May preceding the new program year, and the public hearing on the CAPER will occur in September following the end of the program year. The hearings will be held at times and locations convenient to potential and actual beneficiaries of each program covered within the Consolidated Plan. For in person hearings the location will usually be the Hennepin County Board Room at the Hennepin County Government Center. In the case there are the exigencies of a public health or other challenge and there is concern about significant public health or other risks that may result from holding in person public hearings, it may be determined it is best to undertake a virtual public hearing (alone, or in concert with an in-person hearing) ensuring that the virtual hearing allows comments and questions in real time, with answers coming directly from the elected representatives or staff to all "attendees". As with an in-person hearing, we will select a virtual hearing method or platform that provides for accessibility for persons with disabilities and LEP to participate. We will do our very best to comply with citizen participation requirements. To give adequate notice of public hearings, Hennepin County will publish notices detailing the purpose of the hearings, at least 10 working days in advance of any public hearing. Information about public hearings can also be accessed by calling 612-348-9260 or 612-596-6985 (TTD/TTY) or the county website at www.hennepin.us. In addition to public hearings conducted by the County Board, cities receiving an allocation of CDBG funds from Hennepin County, or directly from HUD by the cities of will hold a public hearing prior to the identification of projects for CDBG funding. These public hearings will take place before proposed projects are submitted to Hennepin County for inclusion in the Annual Action Plan. To give adequate notice of public hearings, participating communities will publish notices detailing the purpose of the hearings in their respective official newspapers, at least 10 working days in advance of any public hearing. Additional Documentation Information about the proposed projects within the Consolidated Plan and Annual Action Plans will be available to the public upon request. This includes, but is not limited to: • The level of annual funding. • The range of projects that may be undertaken and the objectives to be met. • The amount of assistance that will benefit very low- and low-income persons. • Plans to minimize displacement and explain the assistance available to those displaced. • The annual program development schedule and procedure. • Copies of the regulations and issuances governing the program. • Documents regarding other important program requirements, such as contracting procedures, environmental reviews, fair housing, and other equal opportunity requirements and relocation provisions. • All key documents, including prior applications, grant agreements, the citizen participation process, performance reports, other reports required by HUD and the proposed application for the current year. • Record of hearings. • All mailings and promotional materials. • Documentation of funding awards and the selection process. Comments Hennepin County and the cooperating communities will consider the comments and views received in writing during the comment period or verbally at public hearings. We will accept comments via us mail or electronic mail. Summaries of all comments and responses will be attached to the final Consolidated Plan, Annual Action Plan or CAPER. Technical Assistance Technical assistance will be provided to any group, representing very low and low-income persons, that wants to develop funding proposals for any of the programs covered by the Consolidated Plan. The level and type of assistance may vary and will be determined by Hennepin County and/or as applicable the specific cooperating community. Representatives from Hennepin County, the U.S. Department of Housing and Urban Development, or other involved public agencies will provide the necessary assistance and expertise. To receive technical assistance, contact Hennepin County, Housing and Economic Development, Housing Development Manager at 612-543-4342. Complaints Complaints pertaining to the plans and documents identified in the Citizen Participation Plan, written and verbal, will be responded to within 15 working days. When a written complaint is directed toward a specific cooperating community, Hennepin County and the affected community will provide a written response within 15 working days. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE July 12, 2022 DEPARTMENT / DIVISION Administration Rick Clark, Facilities ITEM DESCRIPTION City Center LED Fixtures and Controls Purchase ITEM NO. VIII.C. Requested Action Move to: Award Contract for the purchase of material for City Center LED lighting project to Graybar Electric Company, Inc. in the amount of $277,026.43 Synopsis Fixture Purchase total = $277,026.43 Xcel Energy Rebate = $42,000 Total after Rebate = $235,026.43 Minnesota Statutes Section 471.345, subdivision 15, permits the City to contract for the purchase of supplies, materials, or equipment without regard to competitive bidding requirements if the purchase is through a cooperative created by a joint powers agreement that purchases items from more than one source on the basis of competitive bids or competitive quotations. The City participates in a cooperative purchasing program called Omnia, which is a service cooperative authorized to establish competitively awarded purchasing contracts on behalf of its participating entities. In 2017, Omnia competitively bid and awarded a contract to Graybar Electric Company, Inc. for electrical, lighting, data communications and security products and related products, services and solutions. As a participating entity, the City will use this Omnia contract with Graybar Electric Company, Inc. for the purchase of LED fixtures and controls. Use of the cooperative purchasing contract enables the City to save time and money for purchases of lighting and controls under price terms already negotiated by Omnia. Background As part of the 2022 Capital Improvement Plan and Eden Prairie’s sustainability initiative Facilities staff worked to provide a solution for upgrading the lighting to LED’s at the City Center. Providing a large decrease in electrical usage the return on investment is estimated at 7 years. The install includes lighting in all of City Hall office and common areas, the Police Department, the Garden Room and Kitchen and the Multi-Purpose Room which is effectively the east electrical service. The install includes motion sense light activation and dimming capabilities to further increase the savings possibility. Attachment Standard City Contract for Goods and Services with Graybar Electric Company, Inc. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE July 12, 2022 DEPARTMENT / DIVISION Administration Rick Clark, Facilities ITEM DESCRIPTION City Center LED Lighting Install ITEM NO. VIII.D. Requested Action Move to: Award Contract for installation of LED lighting at the City Center in the amount of $ Synopsis Sealed bids we’re received Thursday, June 30, 2022, for the City Center LED Lighting Install Project. Three bids were received with three alternates and are summarized below. Choice electrical was the lowest bidder however requested their bid be withdrawn after auditing errors were discovered by Choice electrical that affected their reasoning for a 58% lower bid than staff estimates. Staff has reviewed the bids and recommends releasing the lowest bidders bid and awarding the contract to the second lowest bidder Prairie Electric to include the three alternates for a total of $185,144.00. Choice Electrical Prairie Electric Neo Electric Main $89,400.00 $157,590.00 $187,975.00 Alternate 1 Multi-Purpose Room $4,150.00 $8,455.00 $7,590.00 Alternate 2 Garden Room $14,175.00 $18,560.00 $15,450.00 Alternate 3 Bypass Relays $1,860.00 $539.00 $750.00 Total $109,585.00 $185,144.00 $211,765.00 Background As part of the 2022 Capital Improvement Plan and Eden Prairie’s sustainability initiative Facilities staff worked to provide a solution for upgrading the lighting to LED’s at the City Center. Providing a large decrease in electrical usage the return on investment is estimated at 7 years. This install includes lighting in all of City Hall office and common areas, the Police Department, the Garden Room and Kitchen and the Multi-Purpose Room which is effectively the east electrical service. The install includes motion sense light activation and dimming capabilities to further increase the savings possibility. Attachment Standard City Contract for Goods and Services with Prairie Electric 2018 08 01 Construction Contract This Contract (“Contract”) is made on the 12th day of July 2022, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Prairie Electric Co., Inc., a Minnesota Corporation (hereinafter "Contractor") whose business address is 6595 Edenvale Blvd #120 Eden Prairie, MN 55346. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for installation of provided LED light fixtures and controls 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 December 31st, 2022. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $185,144.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. Standard Construction Contract 2018 08 01 Page 2 of 14 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. Final Payment. Contractor’s request for final payment shall be accompanied by Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. Standard Construction Contract 2018 08 01 Page 3 of 14 6. Project Manager and Staffing. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. Standard Construction Contract 2018 08 01 Page 4 of 14 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; Standard Construction Contract 2018 08 01 Page 5 of 14 f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor’s expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds Standard Construction Contract 2018 08 01 Page 6 of 14 shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN $175,000] 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall Standard Construction Contract 2018 08 01 Page 7 of 14 deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. Standard Construction Contract 2018 08 01 Page 8 of 14 d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate Standard Construction Contract 2018 08 01 Page 9 of 14 of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the Standard Construction Contract 2018 08 01 Page 10 of 14 services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 25. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to Standard Construction Contract 2018 08 01 Page 11 of 14 termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. Standard Construction Contract 2018 08 01 Page 12 of 14 35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 37. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 38. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract. Executed as of the day and year first written above. 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 City Center LED Lighting Retrofit, in accordance with the Plans and Specifications contained in the Project Manual City of Eden Prairie City Center 2022 LED lighting Retrofit dated June 9, 2022, prepared by Quetica, LLC, Quetica Project No. 22135, which Project Manual is incorporated herein as if fully set forth. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 12, 2022 DEPARTMENT/DIVISION: Administration Rick Clark ITEM DESCRIPTION: Liquor Stores Carpet Replacement ITEM NO.: VIII.E. Requested Action Move to: Award the Contract for the replacement of all three Liquor stores carpeting to LaVan Floor Covering Company Synopsis Three bids were received for the replacement of the three Liquor stores carpeting. The low bid in the amount of $84,000 was submitted by LaVan Floor Covering Company. Staff has reviewed the bids and recommends awarding the contract for the project to LaVan Floor Covering Company in the amount of $84,000. Bid Summary: LaVan Flooring $84,000.00 Express Flooring $105,424.89 St Paul Lino $102,365.00 Background Information Due to being high traffic spaces the carpet at the three Liquor stores has become worn and needs to be replaced. Facilities and Liquor staff worked together to select the flooring that will go into each store. To keep the appearance similar in each of the stores, the flooring selection will be the same in each. Bids were received and verified. Attachment Standard Construction Contract with LaVan Floor Covering Company CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 12, 2022 DEPARTMENT/DIVISION: Administration Rick Clark ITEM DESCRIPTION: Maintenance Facility Pavement Rehabilitation ITEM NO.: VIII.F. Requested Action Move to: Award the Contract for the Mill and Overlay Project to S.M. Hentges & Sons Inc., in the amount of $215,433.00. Synopsis Sealed bids were received on Thursday, June 30, 2022 for the Maintenance Facility Mill and Overlay Project. Five bids were received and are summarized below. The low bid in the amount of $215,433.00 was submitted by S.M. Hentges & Sons Inc. Staff has reviewed the bids and recommends awarding the contract for the project to S.M. Hentges & Sons Inc. in the amount of $215,433.00. Bid Summary: S.M. Hentges & Sons Inc $215,433.00 Valley Paving $218,000.00 Bituminous Roadways, Inc $224,372.00 Allied Blacktop Company $225,690.00 C.S. McCrossan Construction $238,865.00 Background Information As part of the 2022 CIP the parking lot at the Maintenance Facility is in need of rehabilitation. Facilities Staff worked with Public Works to identify areas to improve drainage flow in multiple areas with Public works staff completing concrete curb and drainage work in house before mill and overlay begins to provide a savings to the project total. A 2.5” mill and overlay will be completed to rehabilitate the parking lot. Attachment Standard Construction Contract with S.M. Hentges & Sons Inc 2018 08 01 Construction Contract This Contract (“Contract”) is made on the 12th day of July 2022, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and S.M. Hentges & Sons, Inc., a Minnesota Corporation (hereinafter "Contractor") whose business address is 650 Quaker Ave Jordan, MN 55352. . 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 rehabilitation of Maintenance Facility pavement 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 October 31st, 2022. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $215,433.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. Standard Construction Contract 2018 08 01 Page 2 of 14 4. Method of Payment. The Contractor shall submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. a. Invoices. Contractor shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. Each invoice shall be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. To receive any payment on this Contract, pursuant to Minn. Stat. 471.38, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. Final Payment. Contractor’s request for final payment shall be accompanied by Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment shall be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate by the Commissioner of Revenue shall satisfy this requirement. 5. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. Standard Construction Contract 2018 08 01 Page 3 of 14 6. Project Manager and Staffing. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract shall be new and in current manufacture, unless otherwise specified, and all goods and work shall be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements shall be considered defective. Goods shall be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense. 8. Correction of Work. The Contractor shall promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. Standard Construction Contract 2018 08 01 Page 4 of 14 10. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of, and shall use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten (10) days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances or proper instructions of the City; e. Assignment or work without permission of the City; Standard Construction Contract 2018 08 01 Page 5 of 14 f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract shall be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract shall be terminated at the expiration of such ten (10) day period unless the City Council shall withdraw its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor’s expense. Upon Contract termination, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City should fail to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. The Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractor and suppliers of the Contractor. The Bonds Standard Construction Contract 2018 08 01 Page 6 of 14 shall be in a form approved by the City. Contractor shall provide the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract shall be considered void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000 OR MORE; THEY ARE OPTIONAL FOR ANY CONTRACT THAT IS LESS THAN $175,000] 17. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor shall pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall Standard Construction Contract 2018 08 01 Page 7 of 14 deem necessary and appropriate for the performance of its obligations pursuant to this Contract, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 20. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. Standard Construction Contract 2018 08 01 Page 8 of 14 d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except Worker’s Compensation Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Contract. j. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate Standard Construction Contract 2018 08 01 Page 9 of 14 of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 22. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Contract (“Information”) shall become the property of the City, but Contractor may retain copies of such documents as records of the Standard Construction Contract 2018 08 01 Page 10 of 14 services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 24. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 25. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 26. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 27. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 28. Damages. In the event of a breach of this Contract by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 29. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to Standard Construction Contract 2018 08 01 Page 11 of 14 termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 30. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 31. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 32. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. Standard Construction Contract 2018 08 01 Page 12 of 14 35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 37. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 38. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract shall contain similar Data Practices Act compliance language. 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of the remainder of this Contract. Executed as of the day and year first written above. 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 Exhibit A Maintenance Facility Pavement Rehabilitation, in accordance with the Plans and Specifications contained in the Project Manual Eden Prairie Maintenance Facility Pavement Rehabilitation dated June 2, 2022, prepared by Hansen Thorp Pellinen Olson Inc. Project No. 22-013, which Project Manual is incorporated herein as if fully set forth. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE July 12, 2022 DEPARTMENT / DIVISION Administration Rick Clark, Facilities ITEM DESCRIPTION Replacing 13-year-old Ice Resurfacer ITEM NO. VIII.G. Requested Action Move to: Award contract to purchase a new Ice Resurfacer for Community Center Ice maintenance model: Zamboni 552ac for $132,388.25 plus freight at the time of shipping. Synopsis Minnesota Statutes Section 471.345, subdivision 15, permits the City to contract for the purchase of supplies, materials, or equipment without regard to competitive bidding requirements if the purchase is through a cooperative created by a joint powers agreement that purchases items from more than one source on the basis of competitive bids or competitive quotations. The City participates in a cooperative purchasing program called Sourcewell, formerly the National Joint Powers Alliance, which is a service cooperative created by Minnesota law and authorized to establish competitively awarded purchasing contracts on behalf of its participating entities. In 2021, Sourcewell competitively bid and awarded a contract to Zamboni Company USA, Inc., for Ice Rink and Arena Equipment with Related Supplies and Services. As a participating entity, the City will use this Sourcewell contract with Zamboni Company USA for the purchase of a new electric ice resurfacer, Zamboni 552ac. Use of the cooperative purchasing contract enables the City to save time and money for purchases of equipment and installations under price terms already negotiated by Sourcewell. Payment and delivery to be done in 2023. Background As part of the 2023 Capital Improvement Plan the replacement of a 13 year old Ice Resurfacer has been selected to be a Lithium Ion Electric Unit from Zamboni. This all-electric Ice Resurfacer has been chosen to further better the indoor air quality at our Ice Rinks by not using propane and follows the City’s sustainability initiatives in regards to utilizing electrified vehicles. Delivery and payment will not be till 2023 with this contract being executed in 2022 to secure pricing before pricing increases go into effect. Attachments Standard Contract for Goods and Services with Zamboni USA Exhibit A Contract for Goods and Services This Contract (“Contract”) is made on the 14th day of July 2022, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, Zamboni Company USA, Inc., a California Corporation (hereinafter “Vendor”) whose business address is 15714 Colorado Ave. Paramount, Ca 90723. . Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for suppling and delivering Ice Resurfacer, Model Zamboni 552ac and all associated components hereinafter referred to as the "Work". The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by September 18th, 2023. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $132,388.25 plus shipment costs contingent on transportation cost at time of shipment as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted shall be paid in the same manner as other claims made to the City. 5. Standard of Care. Vendor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. 6. Insurance. a. General Liability. Vendor shall maintain a general liability insurance policy with limits of at least $1,000,000.00 for each person, and each occurrence, for both personal injury and property damage. Vendor shall provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. Standard Purchasing Contract 2017 06 01 Page 2 of 5 b. Worker's Compensation. Vendor shall secure and maintain such insurance as will protect Vendor from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Vendor’s services under this Contract. c. Comprehensive Automobile Liability. Vendor shall maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) 7. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 8. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Contract and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Contract, at law or in equity. 9. Termination. This Contract may be terminated by either party by seven (7) days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor shall be paid for services rendered until the effective date of termination. 10. Independent Contractor. At all times and for all purposes herein, the Vendor is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Vendor an employee of the City. 11. Subcontract or Assignment. Vendor shall not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 12. Services Not Provided For. No claim for services furnished by Vendor not specifically provided for in Exhibit A shall be honored by the City. GENERAL TERMS AND CONDITIONS Standard Purchasing Contract 2017 06 01 Page 3 of 5 14. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services hereunder, the Vendor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which shall be considered an original. 18. Damages. In the event of a breach of this Contract by the City, Vendor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 19. Employees. Vendor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Vendor prior to termination of this Contract and for one (1) year thereafter, without prior written consent of the former employer in each case. 20. Enforcement. The Vendor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Contract or thereafter of any of the rights or remedies of the City under this Contract. 21. Entire Contract, Construction, Application and Interpretation. This Contract is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 23. Non-Discrimination. During the performance of this Contract, the Vendor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Vendor shall post in places available to Standard Purchasing Contract 2017 06 01 Page 4 of 5 employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Vendor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 24. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 25. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 26. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City. 27. Severability. The provisions of this Contract are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 28. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Vendor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Vendor under this Contract which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Vendor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the Data Practice Act and Vendor shall comply with those requirements as if it were a Standard Purchasing Contract 2017 06 01 Page 5 of 5 government entity. All subcontracts entered into by Vendor in relation to this Contract shall contain similar Data Practices Act compliance language. 29. Waiver. Any waiver by either party of a breach of any provisions of this Contract shall not affect, in any respect, the validity of this Contract. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager VENDOR By: ________________________________ Its: _______________________________ CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 12, 2022 DEPARTMENT: Aditi Salunke, IT Manager ITEM DESCRIPTION: Purchase and install switches at City Hall Data Center ITEM NO.: VIII.H. Requested Action Move to approve quote and authorize purchase and implementation of switches from Logis for $53,175.00. Synopsis The 9K switches were installed in 2016 are in need of upgrade. We will work with Logis for procurement of the Cisco switches, and installation. Switches are quoted under State of MN Contract 147097 and are included in the IT Operational Budget. These switches were planned to be replaced in 2021, however, due to lack of equipment availability, this project moved to 2022. Attachment LOGIS quote for Nexus 9K switches (2) with 5 years support and Implementation services Line # Qty Part Number Description CustomerDiscount List Price CustomerPrice CustomerExtendedPrice 1-1 State of MN Contract 147097 (MNCG) Sub Total: $ - 2-1 WS-C3560CX-8XPD-S 2-2 1 WS-C3560CX-8XPD-S Cisco Catalyst 3560-CX 2 x mGig, 6x 1G PoE, IP Base 61% $ 3,532.14 $ 1,377.53 $ 1,377.53 2-3 1 CAB-TA-NA-LA United States AC Left Angled PowerCable - $- $- $- 2-4 1 CMPCT-MGNT-TRAY MAGNETIC MOUNTING TRAY FOR3560-CX & 2960-CX COMPACTSWITCH 61% $ 53.23 $ 20.76 $ 20.76 Sub Total: $ 1,398.29 3-1 N9K-C93180-FX3-B8C 3-2 1 N9K-C93180-FX3-B8C 2xNexus 93180YC-FX3 w/ 8x 100GOptics 61% $ 84,700.59 $ 33,033.23 $ 33,033.23 3-3 1 CON-SSSNT-N931FB8C SOLN SUPP 8X5XNBD 2xNexus93180YC-FX3 - $- $- $- 3-4 2 NXK-AF-PI Dummy PID for Airflow SelectionPort-side Intake - $- $- $- 3-5 2 MODE-NXOS Dummy PID for mode selection - $- $- $- 3-6 1 N9K-C93180YC-FX3B Nexus 93180YC-FX3 bundle PID - $- $- $- 3-7 1 CON-SSSNT-N9KC93X1 SOLN SUPP 8X5XNBD Nexus93180YC-FX3 bundle PID 20% $ 6,215.00 $ 4,972.00 $ 4,972.00 3-8 1 NXOS-CS-10.2.3F Nexus 9500, 9300 NX-OS Software10.2.3 (64bit) Cisco Silicon - $- $- $- 3-9 1 NXK-MEM-16GB Additional memory of 16GB forNexus Switches 61% $ 1,204.38 $ 469.71 $ 469.71 3-10 1 NXK-ACC-KIT-1RU Nexus 3K/9K Fixed Accessory Kit,1RU front and rear removal - $- $- $- 3-11 4 NXA-FAN-35CFM-PI Nexus Fan, 35CFM, port side intakeairflow - $- $- $- 3-12 2 NXA-PAC-650W-PI Nexus NEBs AC 650W PSU - PortSide Intake - $- $- $- 230 N Milwaukee Ave Vernon Hills, IL 60061 Project: EP 2022 Switches Incident#298927 Attention: Mark Mayfield Prepared for: Logis 5750 Duluth St Golden Valley, MN 55422-4036 PRICE QUOTE QUOTE ID: 594138 Revision: 1 CUSTOMER ID: 2979747QUOTE DATE: 06/24/2022QUOTE EXPIRES: 07/25/2022 PAYMENT TERMS: Net 30 Days FOB: Port of Origin Sales Person: Geoff Strom Phone: (312) 547-2244Fax: (312) 881-1367Email:AllieandGeoff@cdw.com ISR: Jesse Schmidt Phone: (920) 996-3158Email:jesse.schmidt@cdw.com Page 1 of 2 CUSTOMER IS RESPONSIBLE TO PAY FREIGHT CHARGES. ESTIMATED OR ACTUAL FREIGHT CHARGES ARE NOT INCLUDED IN QUOTES (UNLESS SPECIFICALLYSTATED). THIS QUOTE EXCLUDES SALES TAX (UNLESS SPECIFICALLY STATED). SALES AND SERVICES ARE GOVERNED BY THE SIGNED AGREEMENT YOU MAYHAVE WITH CDW. IF NO SEPARATE AGREEMENT IS EFFECTIVE, THE TERMS AND CONDITIONS OF SALES AND SERVICES ARE LIMITED TO THOSE CONTAINED INTHE "TERMS & CONDITIONS" LINK AT https://www.cdwg.com/content/cdwg/en/terms-conditions/sales-and-service-projects.html. BY ORDERING OR ACCEPTING DELIVERYOF PRODUCTS OR BY ENGAGING CDW TO PERFORM OR PROCURE SERVICES, YOU AGREE TO BE BOUND BY AND ACCEPT THOSE TERMS AND CONDITIONS. ANYADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS, ANDNOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN. THIS DOCUMENT IS CONFIDENTIAL. Line # Qty Part Number Description CustomerDiscount List Price CustomerPrice CustomerExtendedPrice 3-13 2 CAB-9K12A-NA Power Cord, 125VAC 13A NEMA 5-15 Plug, North America - $- $- $- 3-14 4 SFP-H10GB-CU1M 10GBASE-CU SFP+ Cable 1 Meter 61% $ 127.70 $ 49.80 $ 199.20 3-15 4 SFP-H10GB-CU3M 10GBASE-CU SFP+ Cable 3 Meter 61% $ 128.88 $ 50.26 $ 201.04 3-16 4 SFP-H10GB-CU5M 10GBASE-CU SFP+ Cable 5 Meter 61% $ 192.73 $ 75.16 $ 300.64 3-17 1 NXK-PICK-BIDI PID to select QSFP-40/100-SRBDOptic in the bundle - $- $- $- 3-18 4 QSFP-40/100-SRBD 100G and 40GBASE SR-BiDi QSFPTransceiver, LC, 100m OM4 MMF - $- $- $- 3-19 1 N9K-C93180YC-FX3B Nexus 93180YC-FX3 bundle PID - $- $- $- 3-20 1 CON-SSSNT-N9KC93X1 SOLN SUPP 8X5XNBD Nexus93180YC-FX3 bundle PID 20% $ 6,215.00 $ 4,972.00 $ 4,972.00 3-21 1 NXOS-CS-10.2.3F Nexus 9500, 9300 NX-OS Software10.2.3 (64bit) Cisco Silicon - $- $- $- 3-22 1 NXK-MEM-16GB Additional memory of 16GB forNexus Switches 61% $ 1,204.38 $ 469.71 $ 469.71 3-23 1 NXK-ACC-KIT-1RU Nexus 3K/9K Fixed Accessory Kit,1RU front and rear removal - $- $- $- 3-24 4 NXA-FAN-35CFM-PI Nexus Fan, 35CFM, port side intakeairflow - $- $- $- 3-25 2 NXA-PAC-650W-PI Nexus NEBs AC 650W PSU - PortSide Intake - $- $- $- 3-26 2 CAB-9K12A-NA Power Cord, 125VAC 13A NEMA 5-15 Plug, North America - $- $- $- 3-27 1 NXK-PICK-BIDI PID to select QSFP-40/100-SRBDOptic in the bundle - $- $- $- 3-28 4 QSFP-40/100-SRBD 100G and 40GBASE SR-BiDi QSFPTransceiver, LC, 100m OM4 MMF - $- $- $- 3-29 1 ACI-SEC-XF DCN Security License for Nexus 9KFixed Switch 61% $ 5,968.19 $ 2,327.59 $ 2,327.59 3-30 1 CON-ECMUS-ACISECXF SOLN SUPP SWSS SecurityLicense for DCN 20% $ 1,565.00 $ 1,252.00 $ 1,252.00 3-31 1 ACI-SEC-XF DCN Security License for Nexus 9KFixed Switch 61% $ 5,968.19 $ 2,327.59 $ 2,327.59 3-32 1 CON-ECMUS-ACISECXF SOLN SUPP SWSS SecurityLicense for DCN 20% $ 1,565.00 $ 1,252.00 $ 1,252.00 3-33 1 C1-SUBS-OPTOUT OPT OUT FOR Default DCNSubscription Selection - $- $- $- Sub Total: $ 51,776.71 Quote Total: $ 53,175.00 PRICE QUOTE QUOTE ID: 594138 Revision: 1 Prepared for: Logis Page 2 of 2 CUSTOMER IS RESPONSIBLE TO PAY FREIGHT CHARGES. ESTIMATED OR ACTUAL FREIGHT CHARGES ARE NOT INCLUDED IN QUOTES (UNLESS SPECIFICALLYSTATED). THIS QUOTE EXCLUDES SALES TAX (UNLESS SPECIFICALLY STATED). SALES AND SERVICES ARE GOVERNED BY THE SIGNED AGREEMENT YOU MAYHAVE WITH CDW. IF NO SEPARATE AGREEMENT IS EFFECTIVE, THE TERMS AND CONDITIONS OF SALES AND SERVICES ARE LIMITED TO THOSE CONTAINED INTHE "TERMS & CONDITIONS" LINK AT https://www.cdwg.com/content/cdwg/en/terms-conditions/sales-and-service-projects.html. BY ORDERING OR ACCEPTING DELIVERYOF PRODUCTS OR BY ENGAGING CDW TO PERFORM OR PROCURE SERVICES, YOU AGREE TO BE BOUND BY AND ACCEPT THOSE TERMS AND CONDITIONS. ANYADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS, ANDNOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN. THIS DOCUMENT IS CONFIDENTIAL. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE July 12, 2022 DEPARTMENT / DIVISION Administration Joyce Lorenz, Communications ITEM DESCRIPTION Meeting broadcast audio equipment replacement and integration ITEM NO. VIII.I. Requested Action Move to: Approve contracts with AVI Systems, Inc. for meeting broadcast audio equipment replacement and integration. Synopsis On Monday, June 27, 2022, a routine pre-meeting broadcast equipment check uncovered key audio equipment no longer operating. Under the equipment maintenance agreement with AVI Systems, Inc. an AVI technician diagnosed the equipment to be beyond its useful life and with no repair options and determined the old equipment would need to be replaced for the audio system to be operational. To ensure the next scheduled meeting broadcast on July 12, 2022, could take place, City Manager Rick Getschow pre-approved purchase of the new equipment and the installation/integration of that equipment. The attached agreement for contract services with AVI covers both purchase agreements. Attachment AVI Systems, Inc. Contract for Goods and Services Agreement for Contract Services This Agreement (“Agreement”) is made on the 29th 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 AVI Systems, Inc, whose business address is 9675 W 76th Street, Eden Prairie, MN 55344. 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 Biamp Equipment Update and Integration, 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 29, 2022 and the Work shall be completed by July 8, 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 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. Standard Agreement for Contract Services Page 2 of 9 b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor $27,166.91 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 itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall Standard Agreement for Contract Services Page 3 of 9 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: Workers Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Workers Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Workers 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. Standard Agreement for Contract Services Page 4 of 9 i. All polices, except the Workers 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. 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. Standard Agreement for Contract Services Page 5 of 9 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. 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. Standard Agreement for Contract Services Page 6 of 9 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 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 Standard Agreement for Contract Services Page 7 of 9 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. 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. Standard Agreement for Contract Services Page 8 of 9 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 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. Standard Agreement for Contract Services Page 9 of 9 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. 30. Wai ver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: _______________________________ By: ________________________________ Regional Vice President Exhibit A Requested Action Adopt the resolution establishing Absentee Ballot Board for 2022 Primary Election. Synopsis State Statute 203B.121, Subd. 1 requires the City of Eden Prairie to establish an Absentee Ballot Board for the election. Attachment Resolution CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 12, 2022 DEPARTMENT/DIVISION: Office of City Manager Katie O’Connor, Deputy City Clerk ITEM DESCRIPTION: Adopt Resolution Establishing Absentee Ballot Board for 2022 Primary Election ITEM NO.: VIII.J. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-___ WHEREAS, it is required by Minnesota Statutes 203B.121, Subd. 1 to establish an Absentee Ballot Board for the Primary Election; and WHEREAS, the board will bring uniformity in the processing of accepting or rejecting returned absentee ballots in Eden Prairie; and WHEREAS, the Absentee Ballot Board would consist of a sufficient number of election workers, as provided in sections 204B.19 to 204B.22, trained in the processing and counting of absentee ballots. BE IT RESOLVED by the City Council of the City of Eden Prairie that the following election workers will serve on the Absentee Ballot Board for the Primary Election to be held August 9, 2022. Lisa Smith Baker Nancy Bollweg Richard Weaver Laura Hookom Jayne Dakay Ellen Crump Lauren Weaver John Kingery Andrea Gorrilla Katie O’Connor Kelsey Engelen ADOPTED by the Eden Prairie City Council on this 12th day of July, 2022. _______________________ Ronald A. Case, Mayor ATTEST: _____________________________ Katie O’Connor, Deputy City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 12, 2022 DEPARTMENT/DIVISION: Administration, Alecia Rose ITEM DESCRIPTION: Withdrawal from Retirement Enhancement and Benefit Alternatives Program ITEM NO: VIII.K. Requested Action Move to: Adopt the Resolution Withdrawing the City’s Participation in the Retirement Enhancement and Benefit Alternatives Program Synopsis In 2007, the City introduced a high deductible insurance plan combined with a Health Reimbursement Arrangement (HRA) as a health insurance plan choice for employees. In essence, employees who enroll in the lower-cost high deductible insurance plan also receive a monthly contribution from the City to an individual savings account, or HRA. Employees can draw from the HRA to pay for qualified medical expenses. To coordinate the HRA, in 2007 the City joined Retirement Enhancements and Benefits Alternatives (REBA), a joint powers entity under Minn. Stat. § 471.59 and a 501(c)(9) trust made up of public employers. This group used its collective volume to negotiate lower prices for HRA administration. HRA funds are currently held in the REBA Trust IV and administered by a company called Further. Further was recently bought by a different company that does not support HRAs. Staff recommends withdrawing from REBA in order to move the HRA and other benefit accounts to a single vendor for administration. This will provide administrative efficiency as well as ease of employee use and engagement with the accounts. The purpose of the current resolution is to authorize the City’s withdrawal from REBA and direct staff to provide the requisite written notice to properly withdraw. A contract with a new vendor will be presented to the Council for approval at a later date. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022 - ____ A RESOLUTION WITHDRAWING THE CITY’S PARTICIPATION IN THE RETIREMENT ENHANCEMENT AND BENEFIT ALTERNATIVES PROGRAM WHEREAS, the City offers certain health benefits to its employees, former employees and spouses and dependents, including a Health Reimbursement Arrangement (“HRA”) and Retiree Medical Savings Accounts (the “Benefit Accounts”); WHEREAS, to coordinate the HRA, in 2007 the City became a member of the Retirement Enhancement and Benefit Alternatives Program (“REBA”), a joint powers entity pursuant to Minn. Stat. § 471.59, along with several other public employers; WHEREAS, the City’s participation in REBA is governed by the Joint Powers Agreement for Retirement Enhancement and Benefit Alternatives Program (“JPA”) WHEREAS, REBA sponsors the Retirement Enhancement and Benefit Alternatives Program Voluntary Employees’ Beneficiary Association Plan (the “VEBA Plan”); WHEREAS, REBA established the Retirement Enhancement and Benefit Alternatives VEBA Trust IV, effective January 1, 2016, to hold HRA funds (the “VEBA Trust IV”); WHEREAS, in 2016 REBA designated MII Life, Inc. d/b/a SelectAccount, now known as Further (“Further”) to administer the VEBA Plan and the VEBA Trust IV; WHEREAS, Further was recently bought by a company that does not support HRAs; WHEREAS, the City wishes to terminate its participation in REBA, the VEBA Plan, and the VEBA Trust IV in order to transfer the HRA all of its other Benefit Accounts to a new vendor for ease of administration and employee engagement. NOW, THEREFORE, BE IT RESOLVED, that the City hereby terminates its participation in the REBA JPA, the VEBA Plan, and the VEBA Trust IV as of August 30, 2022. Staff is directed to provide written notice of this termination as required by the JPA and the Plan and the Trust documents. ADOPTED by the Eden Prairie City Council this 12th day of July, 2022. ___________________________________ Ronald A. Case, Mayor ________________________________ Katie O’Connor, Deputy City Clerk CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 12, 2022 DEPARTMENT/DIVISION: Carter Schulze Public Works / Engineering ITEM DESCRIPTION: I.C. 22813 Award Contract Agreement for Painting Three Rivers Park District Bridge No 27A26 to Swanson & Youngdale, Inc. ITEM NO.: VIII.L. Requested Action Move to: Award contract for Painting Three Rivers Park District Bridge No 27A26 to Swanson & Youngdale, Inc. in the amount of $29,773.00. Synopsis A Quote package was sent to two prospective bidders. Only one quote was received on June 10, 2022. City staff recommends awarding the contract for the project to Swanson & Youngdale, Inc., in the amount of $29,773.00. Background Information As part of a general aesthetics upgrade of bridges throughout the City, staff reached out to the Three Rivers Park District asking about their bridge and the possibility of repainting it. The Park District was agreeable, and the City and Park District entered into an agreement where the Park District would provide the funding for the repainting and the City would administer the project. Project Cost Summary The cost of the repainting of the bridge will be funded from Three Rivers Park District. The Park District budgeted up to $45,000 for the project. Attachment Contract Agreement 1/2022 CONSTRUCTION CONTRACT AGREEMENT THIS AGREEMENT, made and executed this 12th day of July 2022, by and between City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the "CITY", and Swanson & Youngdale, 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. # 22813 Paint Three Rivers Park District Bridge No. 27A26 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 $29,773.00. 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. Accepted Proposal Form b. Construction Contract Agreement c. Contractor's Performance Bond d. Contractor's Payment Bond e. Responsible Contractor Verification Form (2) Special Conditions (3) Detail Specifications (4) General Conditions (5) Plans C-2 22813 Paint Three Rivers Park District Bridge No. 27A26 (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 22813 Paint Three Rivers Park District Bridge No. 27A26 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: July 12, 2022 DEPARTMENT/DIVISION: Rick Wahlen Public Works/Utilities ITEM DESCRIPTION: Approve Construction Contract with Minger Construction Co., Inc.to Perform Structural Repairs of Two Deep Sanitary Sewer Manholes ITEM NO.: VIII.M. Requested Action Move to: Approve Construction Contract with Minger Construction Company to Perform Structural Manhole Repairs of Two Deep Sanitary Sewer Manholes on Mitchell Road using Fiberglass Reinforced Plastic Inserts. Synopsis Utilities Division repairs manhole leaks throughout the city each year. The Division has repaired hundreds of sanitary sewer manholes and stormwater catch-basins by manually removing and replacing defective components. Two very deep manholes have been found which need to be repaired using techniques available only to contractors with the appropriate capabilities and expertise. This contract provides for the repair of these two manholes. Background Information Inflow and Infiltration (I&I) is a problem that impacts every community with a sanitary sewer system. I&I results when ground or surface water makes its way into the sanitary sewer, effectively robbing the sewer system of capacity that should be reserved for wastewater. Repairing leaking manholes is one facet of I&I reduction and is recognized as a mitigation effort that is reimbursable through a Metropolitan Council I&I grant awarded to the city for the years 2020 through 2022. Some manholes structurally degrade over time due to hydrogen sulfide gas corrosion, which is what happened to these two structures. If not repaired soon, these manholes could cave in and create problems for both the sanitary sewer system and traffic on Mitchell Road. Quotes were obtained from three qualified contractors, two of which could not guarantee their repairs due to the condition of the concrete in the existing structures. The third quote from Minger is the most practical and cost effective solution given the traffic considerations and impact to the community from other more invasive repair methods. All costs associated with this contract will be paid from the wastewater utility enterprise fund, and a portion of the expenses will be reimbursed from the Metropolitan Council Inflow and Infiltration grant program after the conclusion of the grant period in October 2022. Attachment Contract 2017 06 01 Agreement for Contract Services This Agreement (“Agreement”) is made on the _12th day of _July_, 2022_, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Minger Construction Co._, a Minnesota _corporation_(hereinafter "Contractor") whose business address is _620 Corporate Drive, Jordan, MN 55352_. 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 _Structurally Repairing Two Deep Manholes on Mitchell Road Using Fiberglass Reinforced Plastic Inserts_ 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 _July 12, 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 vehicles and equipment on City streets in such manner as to not block traffic or interfere with vehicles entering or exiting driveways. If a resident needs to back out of a driveway and the work is blocking his path, Contractor will make reasonable accommodations to enable the resident to leave. 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. g. h. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate and adequate space for the installation equipment. b. Provide access to water for the installation equipment. c. Provide any necessary permits that may be required. 5. Compensation for Services. City agrees to pay the Contractor an amount not to exceed $_80,000_ 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 Standard Agreement for Contract Services 2017 06 01.01 Page 3 of 10 completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill, and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile 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 Standard Agreement for Contract Services 2017 06 01.01 Page 4 of 10 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. 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. Standard Agreement for Contract Services 2017 06 01.01 Page 5 of 10 n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 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, Standard Agreement for Contract Services 2017 06 01.01 Page 6 of 10 taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship, or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The 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 Standard Agreement for Contract Services 2017 06 01.01 Page 7 of 10 right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 10 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application, and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 10 of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to 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 Standard Agreement for Contract Services 2017 06 01.01 Page 10 of 10 subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: _______________________________ Page 2 ofo333 City of Eden Prairie Water Utility July 12, 2022 SCOPE OF WORK – MANHOLE STRUCTURAL REHABILITATION WITH FRP INSERT SCOPE OF WORK The work required of the CONTRACTOR will include the following items: 1. Pre-construction preparation - The work under this section shall include a review of existing plans for each sanitary sewer manhole, inspection of the manhole integrity at each of the four locations, and planning for the removal of spalling or delaminating concrete that would create an unsound structural repair. If considerable repair is found to be necessary, contractor will advise the City prior to mobilization to allow the City to perform the repairs or designate an alternative manhole. 2. Construction - The work under this section shall include the following: a. The contractor shall supply all labor, material, equipment, and supervision of the work required to repair each of the two manholes listed below in accordance with the manufacturer’s written installation specifications for each product used in the repair and in accordance with City of Eden Prairie Guide Specifications for Utility and Street Construction. These manholes have already inspected jointly by the contractor and the city: 1) Manhole #1 (STM-S21-26387): Mitchell Road just north of Almond Lane 2) Manhole #2 (STM-S21-1542): Mitchell Road north of Almond Lane (within 15 feet of MH #1) b. The contractor shall perform the following minimum steps: 1) Provide for the installation and removal of traffic control for the construction site in accordance with the City Engineer’s recommended traffic control plan. 2) Sawcut and remove bituminous road surface around the manhole. 3) Remove and dispose of existing cone section. 4) Install new plastic grade rings bonded with City approved adhesive. 5) Install chimney seal and casting. 6) Remove and dispose of dis-bonded, loose, or otherwise delaminated wall material from the existing manhole structure. 7) Reconstruct manhole invert to accommodate new liner. 8) Install 54-inch FRP insert into MH #1 and 42-inch FRP insert into MH #2. 9) Install new 12-inch plastic inside drop to City specifications in MH #1. 10) Provide bypass pumping of sewage flow during construction. 11) Grout annular space between the FRP liner and the existing manhole structure beginning at the bottom of the cavity working upward to the top with controlled low-strength material (flowable fill) installed in accordance with ACI 229R-94 Chapter 6 taking care to prevent void spaces, bubbles, or Page 3 ofo333 City of Eden Prairie Water Utility July 12, 2022 SCOPE OF WORK – MANHOLE STRUCTURAL REHABILITATION WITH FRP INSERT cavities in the installed fill material. c. Mobilization – Contractor will perform the work for this entire project under one mobilization. Should circumstances beyond the control of the contractor occur, as described in paragraph 5.b. (Compensation for Services) and paragraph 8 (Standard of Care) of the agreement, the contractor is entitled to an additional $1000 per additional mobilization if approved in advance by the City. CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 12, 2022 DEPARTMENT/DIVISION: Rick Wahlen Public Works/Utilities ITEM DESCRIPTION: Approve Contract with R&H Painting, LLC DBA Hyperline for Manhole Repairs ITEM NO.: VIII.N. Requested Action Move to: Approve Contract with R & H Painting, LLC. In the amount of $105,000 to Perform Manhole Relining Repairs of Thirteen Sanitary Sewer Manholes using the Spectra Shield synthetic chemical grout system. Synopsis Utilities Division repairs leaks throughout the city each year in sanitary sewer manholes and stormwater catch-basins by manually removing and replacing defective components. Manholes which leak, but are structurally sound can be repaired by lining the concrete structure with a self-sealing plastic grout system. This contract will repair thirteen manholes in that manner. Background Information Inflow and Infiltration (I&I) is a problem that impacts every community with a sanitary sewer system. I&I results when ground or surface water makes its way into the sanitary sewer, effectively robbing the sewer system of capacity that should be reserved for wastewater. Repairing leaking manholes is one facet of I&I reduction, and is recognized as a mitigation effort that is reimbursable through a Metropolitan Council I&I grant awarded to the city for the years 2017 through 2019. This contract using a product called Spectra Shield manufactured by CCI Spectrum greatly augments the city’s manual repairs performed by city staff, and is one of two commercially applied manhole sealing methods used by the city. Quotes were received from both liner system contractors, and R&H Painting, LLC provided the proposal with the lowest cost. All costs associated with this contract will be paid from the wastewater utility enterprise fund, and some of the cost will be reimbursed from the Metropolitan Council grant program after the conclusion of the grant period in October 2022. Attachment Contract 2017 06 01 Agreement for Contract Services This Agreement (“Agreement”) is made on the _12th_day of_July_, 20_22_, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _R & H Painting, LLC, DBA Hyperline_, a Minnesota _Limited Liability Company_(hereinafter "Contractor") whose business address is_15725 US Hwy 12 SW, Cokato, Minnesota 55321_. 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 _Repairing Inflow and Infiltration at Thirteen City-Owned Sanitary Sewer Manholes By The Installation of the SpectraShield Liner System_ 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 _July_ _12_, 20_22_. The Work shall be completed by __September 21, 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. Access to water for the installation equipment. b. A secure site in which to store the installation equipment overnight. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum not to exceed $_105,000_ as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 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 ten years, 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 Standard Agreement for Contract Services 2017 06 01.01 Page 8 of 10 regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive 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 Standard Agreement for Contract Services 2017 06 01.01 Page 9 of 10 subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with 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 __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: _______________________________ Page 2 ofo333 City of Eden Prairie Water Utility July 12, 2022 EXHIBIT A - SCOPE OF WORK – MANHOLE INFLOW & INFILTRATION REPAIR SCOPE OF WORK The work required of the CONTRACTOR will include the following items: 1. Pre-mobilization preparation - The work under this section shall include a review of existing plans for each sanitary sewer manhole, inspection of the manhole integrity at each of the four locations, and planning for the removal of spalling or delaminating concrete where found that would create an imperfect bond. If initial inspection determines that considerable repair is found to be necessary, contractor will advise the City prior to mobilization to allow the City to perform the repairs or designate an alternative manhole. 2. Mobilization – Contractor will perform the work for this entire project under one mobilization. Should circumstances beyond the control of the contractor, as described in paragraph 5.b. (Compensation for Services) and paragraph 8 (Standard of Care) of the agreement, the contractor is entitled to an additional $900 per additional mobilization if approved in advance by the City. 3. Construction - The work under this section shall include the following: a. The contractor shall supply all labor, material, equipment and supervision of the work required to install SpectraSheild Liner Systems in accordance with the manufacturer’s installation specifications for the locations near the following locations: • Mitchell Road & Banyan Lane • Mitchell Road & Almond Lane • Mitchell Road south of Cove Point Road • Mitchell Road & Cove Point Road • Mitchell Road & Pioneer Trail • Mitchell Road south of Pioneer Trail • Pioneer Trail south side of bike path • 12885 Gerard Drive • 9097 Gateway Lane • Dover Cove cul-de-sac • East Riverview Drive & Landing Road • Pioneer Trail & Old Wagon Trail 15 feet north of retaining wall • North of Lametry Collision within gate b. Inspection: 1) Assess each site to ensure the work planned will be performed in compliance with all local, state, and federal regulations including those set forth by OSHA, EPA, the City, and any other applicable authorities. Page 3 ofo333 City of Eden Prairie Water Utility July 12, 2022 EXHIBIT A - SCOPE OF WORK – MANHOLE INFLOW & INFILTRATION REPAIR 2) Determine the need for protection against hazardous gases or oxygen depleted atmosphere. 3) Assess the need for sewage flow control or flow diversion. 4) Submit a flow control/bypass plan to the City for approval prior to conducting the work. 5) If new concrete is found in the structure, ensure the Portland cement has cured at least 28 days prior to the installation of the liner system. c. Surface Preparation: 1) Throughout all surface preparation efforts, monitor the atmosphere within the structure for hazardous and flammable gases and low oxygen levels in accordance with all applicable regulations. 2) Clean the manhole surfaces with a high pressure water, hydro-blasting, abrasive blasting, mechanical grinding, and/or detergent water cleaning to ensure the manhole repair substrate is clean, free of debris, and structurally sound. 3) Ensure the surface of the structure to be covered by the liner system is clean, abraded, and shows no evidence of laitance, loose concrete, brick or mortar, contaminants or debris. The material to be lined shall display a surface profile sufficiently rough to be suitable for applicaton of the liner system. 4) Following surface preparation, inspect for: 1. Leaks 2. Cracks 3. Holes 4. Exposed Rebar 5. Condition of the Ring and Cover 6. Condition of the Invert 7. Condition of the Inlet and Outlet Pipes 5) Perform repairs discovered during the above inspection in the following manner: 1. Repair all leaks with a chemical or hydraulic sealant designed for use in field sealing of ground water. 2. Repair severe cracks with a urethane based chemical sealant, ensuring the product to be used is first approved by the owner. 3. Repair exposed rebar, defective pipe penetrations or damaged inverts using non-shrink grout or an approved alternative. d. Material Installation: 1) Ensure all application procedures conform to the manufacturer’s recommendations, including materials handling, materials mixing, environmental controls during application, safety equipment, and spray equipment. 2) Spray equipment must be specifically designed to accurately blend component parts of the system at the appropriate ratios prescribed by the manufacturer for this liner system. Page 4 ofo333 City of Eden Prairie Water Utility July 12, 2022 EXHIBIT A - SCOPE OF WORK – MANHOLE INFLOW & INFILTRATION REPAIR 3) Application of the multi-component system will strictly follow the manufacturer’s recommendation. Final installation of the surface or exterior layer of the coating system shall ensure there is a minimum coating thickness of 500 mils. 4) A permanent date stamp shall be impressed in the liner material in a readily visible location. 5) Provide a written report to the owner describing all repairs performed at each location serviced by the liner system. e. Post-Installation Quality Assurance Inspection: 1) Inspect the liner system to ensure the final layer is completely free of pinholes, bubble voids, or other gaps showing the white intermediate layer beneath. 2) Verify the thickness of the liner system. Ensure the prescribed minimum thickness of 500 mil is installed in all areas of the structure receiving the liner system. 3) Owner will perform a visual inspection of the final product. Any deficiencies discovered by the owner in the finished liner shall be marked and repaired in accordance with the manufacturer’s prescribed repair procedures. 4. Additional Materials: It is possible some of these manhole repairs may require a greater quantity of chemical grout than estimated from the preliminary survey of the structures. Any quantity of grout required for this site greater than estimated will be billed to the City at the rate of $100 per gallon of grout, $25 per tube of grout, and $300 per hour for the truck and crew after first receiving written approval from the City for each location requiring additional material. 5. Warranty – Contractor shall provide a warranty for the Spectra Shield coating repair for period of 10 years against failure. Failure for the purposes of this warranty will be described as coating disbondment, pinholes in the coating, leakage or seepage of water from behind the coating wherever the coating is applied. If the liner system fails to prevent the internal deterioration or corrosion of the structure or fails to protect the substrate from contamination by effluence, or fails to prevent groundwater infiltration within 10 years of the initial completion of work, the contractor will repair the damage and restore the lining at no cost to the owner within 60 days of written notification of the failure. Failures caused by mechanical abuse, chemical destruction, or acts of God shall not covered by this warranty. Mechanical abuse consists of cuts, or tears created by the introduction of ladders, tools, or other items into the manhole which are not normally part of the structure. Chemical destruction is the introduction of chemical substances that are not customarily present in wastewater or are not normally used in the cleaning or maintenance of the structure which break-down the integrity of the liner system. Contractor will provide a certificate of warranty to the city upon completion of the project. Requested Action Move to: 1. Declare the 2022 Surplus Property List as “surplus property” and dispose through authorized methods. 2. Authorize the transfer of surplus turnout gear to other fire departments pursuant to Minn. Stat. § 471.85. Synopsis Once a year, City departments take an inventory of obsolete and un-used equipment and identify items for disposal. These items are disposed of in accordance with City Code 2.86 Subdivision 3. “Disposal of Excess Property” The sale of used equipment helps fund the purchase of new equipment. Background Information The City of Eden Prairie utilizes several options to auction surplus property on the open market. The equipment on the attached list will be sold at public auction, with the exception of the turnout gear discussed below. The majority of the equipment will be auctioned using the Fahey Sales auctions in Glencoe MN. The City has used Fahey Sales auctions in the past and has been very satisfied with the sale proceeds received. Occasionally depending on the vehicle or equipment, other avenues such as trade-ins for new equipment are used to maximize surplus property returns. These surplus property disposal methods are in compliance with the city’s Purchasing Policy and City code. The Surplus Property List includes obsolete Fire Department turnout gear, which consists of 75 sets of 11-year-old Honeywell pants and coats. The NFPA standard for taking the turnout gear out of service is 10 years. The obsolete turnout gear has no value to the City or at auction and will be destroyed if not donated. Fire departments in Minnesota and Wisconsin may have need for turnout gear and not have the funding to purchase this type of equipment. This turnout gear, although 11 years old, may be newer than some of the turnout gear that some fire departments currently use. Minnesota Statutes § 471.85 permits the City to transfer its personal property without consideration to another public corporation for public use when authorized by the City Council. The obsolete turnout gear will be transferred to the other fire departments “as is” with no representations or warranties as to condition. Attachment 2022 Surplus Property List CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 12, 2022 DEPARTMENT/DIVISION: Gerald Byington Fleet Services ITEM DESCRIPTION: Declare Surplus Property ITEM NO.: VIII.O. 2022 Surplus Property List July 12, 2022 Equipment & Miscellaneous Property: Item # Quantity Description 1 44 Miscellaneous cushioned chairs 2 1 Pedestal Grinder 3 2 2 drawer file cabinets 4 4 Tree Pruning Shears 5 1 Hedge trimming shears 6 1 Misc. 11/2” diameter vinyl hose 7 1 2 wheeled pull cart 8 30 6ft rectangle tables 9 20 Desk chairs 10 1 12ft stainless steel shelf 11 20 8ft rectangle tables 12 1 5ft round outdoor table 13 1 Coat Rack 14 1 Auger for main drains 15 4 Rolling office chairs 16 15 Miscellaneous Signposts 17 4 Cut Off Saws from Fire Department 18 4 Miscellaneous equipment from Fire Department 19 3 Office Desks 20 6 Polaris Chrome Wheels with Tires 21 5 Miscellaneous Obsolete Parts Non-Stock non-returnable 22 2 Large Obsolete Motor Grader Tires and Wheels 23 75 Honeywell Turnout Gear from Fire Department CITY COUNCIL AGENDA SECTION: Consent Calendar DATE: July 12, 2022 DEPARTMENT/DIVISION: Matt Bourne, Parks and Natural Resources Manager, Parks and Recreation ITEM DESCRIPTION: Approve the Lease Extension for the Riley Lake Park Rental House ITEM NO.: VIII.P. Motion Move to: Approve the Lease Extension for one year with Nathan Lovas and Autumn Brown Lovas for the Riley Lake Park Rental House. Synopsis The tenants of the Riley Lake Park rental house have been renting the historic Riley-Jacques house since 2011 and have expressed interest in extending the lease for one year. Background The City has been renting the Riley-Jacques house at Riley Lake Park for many years, with Nathan and Autumn Brown Lovas beginning to live in the home in 2011. Having someone in the house has allowed the City to gain revenue, but more importantly, has kept someone in the home caring for and protecting this historic site. Staff has purposely kept rent low compared to other rental properties because of the renter’s responsibility for the high cost of heating the home and the intensive care needed to maintain the home. Attachment Lease Extension LEASE EXTENSION This Lease Extension (“Extension”), is made and entered into this 31st day of May, 2022 between the City of Eden Prairie (“Landlord”) and Nathan Lovas and Autumn Brown Lovas (“Tenants”). In consideration of the covenants and agreements contained herein, the parties agree as follows: 1.LEASE EXTENSION. The parties agree to extend for one additional year that certainMinnesota Standard Residential Lease between Landlord and Tenants for the propertylocated at 9100 Riley Lake Road, Eden Prairie, MN 55347 (“Lease”). The Lease runs through June 30, 2022. This Extension will begin on July 1, 2022 for a term of 12 months. 2.MONTHLY RENT. Beginning July 1, 2022 the monthly rent amount due will be $635.00 per month. 3.RENTER’S INSURANCE. Tenant must procure and carry liability insurance and namethe City as an additional insured for the term of this extension providing coverage in theminimum amount of Twenty Five Thousand Dollars ($25,000) Personal Property andFive Hundred Thousand Dollars ($500,000) Liability Limit. 4.ALL OTHER TERMS. All other terms of the Lease will remain in full force and effectfor the duration of this Extension. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. LANDLORD: TENANTS: CITY OF EDEN PRAIRIE NATHAN LOVAS BY: _____________________________ Name: _________________________ ITS: ___________________________ AUTUMN BROWN LOVAS BY: Name: ________________________ ITS: ___________________________ _____________________________ CITY COUNCIL AGENDA SECTION:Public Hearings DATE: July 12, 2022 DEPARTMENT/DIVISION: Community Development/Planning/ Julie Klima/Sarah Strain ITEM DESCRIPTION: Tricam Industries ITEM NO.: IX.A. Requested Action •Close the Public Hearing; and •Adopt a Resolution for Planned Unit Development Concept Review on 3.24 acres; and •Approve the 1st reading of the Ordinance for Planned Unit Development Amendment with waivers on 3.24 acres;and •Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions; and •Authorize the issuance of an early Land Alteration Permit for Tricam Industries at the request of the Developer subject to the conditions outlined in the permit Synopsis The applicant is requesting a PUD Concept Review, PUD District Amendment with waivers, and a Site Plan Review to construct an approximately 2,615 square foot addition to an existing industrial building at 7677 Equitable Drive. This site is approximately 3.24 acres and is located north of Highway 212 on Equitable Drive. The site is bordered by other industrial land use as outlined in the included aerial image. Background Site Plan To better meet the growing needs of Tricam Industries, the current tenant of 7677 EquitableDrive, the applicant is proposing to construct anapproximately 2,615 square foot building addition on the front of the building. The building addition will be in the location of the existing front patio/entrance area off the southwest corner of thebuilding and will serve the main entrance to the building. The addition, circled in red to the right,will also add office space for Tricam’s business needs. The applicant is also proposing to install a garage door and driveway off the west side of thebuilding. The north side of the building is currently loading docks. The new driveway and garage door will provide ease of access for delivery vans to pick-up and drop-off small deliveries. Three (3) parking stalls will be removed to accommodate the new driveway. Landscaping and Tree Replacement The applicant is proposing to remove six (6)trees as part of the site work. Three (3) of these trees are significant trees,requiring two (2) caliper inches of tree replacement.The applicant has exceeded this requirement.Thirty-one significant trees will be preserved.New trees and planting beds will be installed at the front entrance, and grasses will be planted along the eastern portion of the site as part of stormwater management. The proposed landscaping plan exceeds the landscaping requirements for the site. Architecture The building addition will be constructed mainly of glass and brick. Wood and metal panels will serve as accents at the entrance. These Class II materials are located away from the doorway to avoid the wear and tear of high-traffic areas.All of the façades meet the building material requirements for Class I materials and color variations. Requested Waivers 1.Number of Parking StallsGiven the office and warehouse uses and square footage of the building,City Code requires 79 parking stalls on this site. The applicant is requesting a PUD waiver to provide 54 parking stalls on site.Based on the historic use of the property and the anticipated use,Tricam does not have a business need to 79 stalls and assures the existing parking configuration can meet their needs. Early Grading Permit To meet their construction schedule, the applicant has requested approval of an early Land Alteration Permit. Approval of the permit will allow the applicant to begin grading on the site prior to the 2nd reading. Issuance of early land alteration permits have been requested and approved by the Council for other projects. Issuance of an early land alternation permit requires the submittal and approval by City staff of all relevant information. Any work completed prior to final approval of the project is done at the Developer’s risk. Planning Commission Recommendation The Planning Commission voted 6-0 to recommend approval of the project at the June 13, 2022 meeting. Attachments 1. Ordinance for PUD District Review with Waivers 2. Resolution for PUD Concept 3. Staff Report 4. Unapproved Planning Commission Minutes TRICAM INDUSTRIES 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 I-2 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 I-2 Zoning District as Planned Unit Development PUD-_-2022 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of _____, 2022 entered into between McMunn Family, LLP, a limited liability partnership, 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 12th Day of July, 2022, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the ___ day of ___, 2022. ATTEST: __________________________________ ___________________________________ Katie O’Connor, Deputy City Clerk Ronald A. Case, Mayor PUBLISHED in the Sun Sailor on _____, 2022. EXHIBIT A PUD Legal Description Legal Description Lot 2, Block 1, Edenvale Executive Center Three, Hennepin County, Minnesota CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022-___ A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF TRICAM INDUSTRIES FOR PLANFORCE GROUP WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on June 13, 2022, on Tricam Industries by PlanForce Group and considered their request for approval of the PUD Concept Plan and recommended approval of the request to the City Council; and WHEREAS, the City Council did consider the request on July 12, 2022. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Tricam Industries, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof (“Property”). 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated July 6, 2022. 3. That the PUD Concept meets the recommendations of the Planning Commission dated June 13, 2022. ADOPTED by the City Council of the City of Eden Prairie this 12th day of July, 2022. _______________________ Ronald A. Case, Mayor ATTEST: ______________________________ Katie O’Connor, Deputy City Clerk EXHIBIT A PUD Concept Legal Description: Lot 2, Block 1, Edenvale Executive Center Three, Hennepin County, Minnesota STAFF REPORT TO: Planning Commission FROM: Sarah Strain, Planner II DATE: June 13, 2022 SUBJECT: Tricam Industries Site Plan LOCATION: 7677 Equitable Drive APPLICANT: PlanForce Group 120- DAY REVIEW PERIOD: REQ UEST: September 2, 2022 • Planned Unit Development Concept Review on 3.24 acres • Planned Unit Development Amendment with waivers on 3.24 acres • Site Plan Review on 3.24 acres BACK GROUND The applicant is requesting a PUD Concept Review, PUD District Amendment with waivers, and a Site Plan Review to construct an approximately 2,615 square foot addition to an existing industrial building at 7677 Equitable Drive. This site is approximately 3.24 acres and is located north of Highway 212 on Equitable Drive. The site is bordered by other industrial land use as outlined in the included aerial image. ZONING AND GUIDE PLAN The property is currently zoned Industrial I-2, and the 2040 comprehensive plan guides the property for Industrial Flex Tech use. There are no proposed zoning or comprehensive plan changes. SITE PLAN To better meet the growing needs of Tricam Industries, the current tenant of 7677 Equitable Drive, the applicant, is proposing to construct an approximately 2,615 square foot building addition on the front of the building. The building addition will be in the location of the existing front patio/entrance area off the southwest corner of the existing building and will serve the main entrance to the building. The addition, circled in red on the following page, will also add office space for Tricam’s growing business needs. Additional interior remodeling work will be taking place after the Staff Report – Tricam Industries Site Plan June 13, 2022 Page 2 2 building addition is constructed. A portion of theexisting warehouse space will be converted into upgraded restrooms, workout facilities, and meeting rooms. With the addition and the interior remodel, the uses of the building will be approximately 31% office, 66% warehouse, and 3% showroom, which are all permitted uses in the Industrial I-2 zoning district. The existing use ratio in the building is 80% warehouse and 20% office. The applicant is also proposing to install a garage door and driveway off the west side of the building. The north side of the building is currently loading docks. The new driveway and garage door will provide ease of access for delivery vans to pick-up and drop-off small deliveries. Three (3) parking stalls will be removed to accommodate the new driveway. Parking will be reconfigured by the main entrance to provide better ADA accessibility. Three (3) new parking stalls will be added to the row of parking along the south edge of the site, next to the driveway. As part of this PUD Amendment, the applicant is requesting a PUD waiver to reduce the required number of parking stalls. PLANNED UNIT DEVELOPMENT WAIVERS The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a more creative and efficient approach to the use of land within the City;to allow variety in the types of environment available to people and distribution of overall density of population and intensity of land use where desirable and feasible; and provide for greater creativity and flexibility in environmental design. As part of the PUD process, the applicant is seeking waivers to City Code requirements as outlined below. A. Number of Parking Stalls Parking requirements in the Industrial I-2 zoning district are based on the square footage of the uses within the building. Warehousing requires 0.5 parking stalls per 1,000 square Staff Report – Tricam Industries Site Plan June 13, 2022 Page 3 3 feet of warehouse space, and office space requires 5 stalls per 1,000 square feet. The existing ratio of uses requires 47 parking stalls. The building addition and changed ratio of uses in the building increase the parking requirements to 79 stalls. The applicant is requesting a PUD waiver to provide 54 parking stalls on site. Based on the historic use of the property and the anticipated use, Tricam does not have a business need to 79 stalls and assures the existing parking configuration can meet their needs. Due to the existing site layout, there is not a good location to locate proof of parking. Parking is constructed to the extent possible along the south and west portions of the site. The north side of the building is the loading docks, and space needs to be maintained to allow for truck turning movements. Any parking located on the north side may have the potential to conflict with truck turning movements. LANDSCAPE AND TREE REPLACEMENT PLANThere are several significant trees existing on the site. The applicant is proposing to remove six (6) trees as part of the site work. Three (3) of these trees are significant trees, requiring two (2) caliper inches of tree replacement. The applicant has exceeded this requirement. Thirty-one significant trees will be preserved. New trees and planting beds will be installed at the front entrance, and grasses will be planted along the eastern portion of the site as part of stormwater management. The proposed landscaping plan exceeds the landscaping requirements for the site. ARCHITECTURE The building addition will be constructed mainly of glass and brick. Wood and metal panels will serve as accents at the entrance. These Class II materials are located away from the doorway to avoid the wear and tear of high-traffic areas. The new addition will be gray brick, and the whole south side of the building will be stained gray to compliment the new building addition. Portions of the east and west sides of the building will also be stained gray to better incorporate Staff Report – Tricam Industries Site Plan June 13, 2022 Page 4 4 the new addition into the existing structure. Two (2) different hues of gray will be used to provide visual interest to the building, highlighting columns and the windows The back of the building will remain the existing light brown color of brick. All of the façades meet the building material requirements for Class I materials and color variations. STORMWATER MANAGEMENT The applicant will be installing an underground stormwater management system on the western side of the site underneath the drive aisle and parking stalls to mitigate run-off. A swale will be installed on the east side of the site to improve drainage and enhance landscaping. STAFF RECOMMENDATION Staff recommends approval of the following request: • Site Plan Review on 3.24 acres • PUD Concept Review on 3.24 acres • PUD District Amendment with waivers for 3.24 acres This recommendation is based on the plans dated May 2, 2022, staff report dated June 13, 2022, and the following conditions: 1. Prior to land alteration permit issuance, the applicant shall: A. Submit detailed storm water runoff, wetland, utility, and erosion control plans for review and approval by the City Engineer. B. Submit a landscaping letter of credit or escrow surety equivalent to 150% of the cost of the required landscaping. C. Obtain and provide documentation of Watershed District approval. D. Notify the City and Watershed District 48 hours in advance of grading. E. Install erosion control at the grading limits of the property for review and approval by the City. 2. The following waivers have been granted through the PUD District Review for the project as indicated in the plans dated May 2, 2022. A. Number of Parking Stalls Parking requirements in the Industrial I-2 zoning district are based on the square footage of the uses in the building. Warehousing requires 0.5 parking stalls per 1,000 square feet of warehouse space, and office space requires 5 stalls per 1,000 square feet. The building addition and changed ratio of uses in the building increase the parking requirements to 79 stalls. The applicant is requesting a PUD waiver to provide 54 parking stalls on site. 3. All signage shall require review and approval of a sign permit and shall comply with Section 11.70. UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, JUNE 13, 2022 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Rachel Markos, Carole Mette, William Gooding, Robert Taylor, Dan Grote CITY STAFF: Julie Klima, Community Development Director; Rod Rue, City Engineer; Matt Bourne, Parks & Natural Resources Manager Kristin Harley, Recording Secretary I. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE – ROLL CALL Absent were commission members Mette, Grote, and Markos. III. APPROVAL OF AGENDA MOTION: Taylor moved, seconded by Kirk to approve the agenda. MOTION CARRIED 6-0. IV. MINUTES MOTION: Gooding moved, seconded by Farr to approve the minutes of May 9, 2022. MOTION CARRIED 6-0. V. PUBLIC HEARINGS A. TRICAM INDUSTRIES Located at: 7677 Equitable Drive Request for: • Planned Unit Development Concept Review on 3.24 acres • Planned Unit Development Amendment on 3.24 acres • Site Plan Review on 3.24 acres Ryan Schroeder, architect, displayed a PowerPoint and presented the application. Tricam Industries wished to construct a 2,625 square foot office space in addition PLANNING COMMISSION MINUTES June 13, 2022 Page 2 to the existing 33,681 square foot office space. Tricam specialized in the design, engineering, marketing and manufacturing of hardlines products (such as stools ladders, garden carts, and cargo management solutions). The development would include the addition of an underground stormwater storage and infiltration system, enhanced landscaping, and a new overhead delivery door. Schroeder displayed the existing site plan and explained the parking would generally remain the same, with additional office space being constructed in the southeast corner of the lot. The proposed site plan showed the 2,625 addition being constructed at the site of the current front patio. Three parking stalls would be eliminated for the drive-in door but three other parking stalls would be added elsewhere. Accessible stalls would be expanded and regraded to meet code requirements. The current zoning would not change. All existing utilities would remain, and the proposal complied with required setbacks, and landscaping would be incorporated, with 18 more trees than required being planted. The existing berm would remain. The applicant was seeking a proposed PUD waiver of parking count, 54 stalls on site, reduced from the required 79 parking spaces. Only 47 employees were anticipated to be onsite in the future, and with five warehouse staff, Tricam would have a total of 52 staff in the building at maximum shift. Office staff would work in a hybrid environment which reduced the need for parking. The proposed building addition would be mostly brick and glass, with some composite accent materials and black anodized aluminum for the doorways. All materials met the City’s ordinance. Schroeder displayed the Site Plan and the elevations. Farr asked if the bottom elevation would retain the pattern on the west wall. Schroeder replied the plan was to bring the stain back to that vertical element to continue the pattern. Klima presented the planner’s report. The applicant proposed to construct approximately 2,500 square feet of additional office space on the existing property. There were no zoning or Comprehensive Plan changes. Building materials and landscaping requirements were met and exceeded by the application. The applicant was requesting a parking waiver to reduce the number of parking stalls. Staff worked with the applicant and after exhausting other options a waiver was requested. Staff recommended approval. PLANNING COMMISSION MINUTES June 13, 2022 Page 3 Farr asked where the PUD district would be, and if it would be larger than this lot. Klima replied the PUD would be limited to this property. Farr asked for and received confirmation no other property owner would be affected by the development being considered here. Farr asked if the approvals sought tonight were permanent or if they expired upon the departure of the tenant, should that happen. Klima replied the development agreement would have to be signed by both the property owner and the applicant. The approvals would remain in place for subsequent owners and tenants. Farr asked for and received clarification the reduced number of parking stalls would therefore be permanent. MOTION: Sherwood moved, seconded by Gooding to close the public hearing. Motion carried 6-0. Kirk complimented Farr for raising the parking issue for clarification, since it could affect future tenants. He found the development to be straightforward and supported it. Farr stated he found this to be an outstanding development. The building was well-screened with mature landscaping and found this an excellent way to improve the property and keep the tenant in Eden Prairie. Pieper noted more trees would be added and the water drainage improved. Taylor commended the applicants for coming forward with a development that accommodated its continued growth. MOTION: Kirk moved, seconded by Gooding to recommend approval of the Planned Unit Development Concept Review on 3.24 acres, the Planned Unit Development Amendment on 3.24 acres, and the Site Plan Review on 3.24 acres based on the conditions in plans stamp dated May 2, 2022, and the staff report June 13, 2022. Motion carried 6-0. PLANNERS’ REPORT MEMBERS’ REPORTS VI. ADJOURNMENT MOTION: Taylor moved, seconded by Sherwood to adjourn. Motion carried 6-0. The meeting was adjourned at 7:16 p.m. CITY COUNCIL AGENDA SECTION: Public Hearing DATE: July 12, 2022 DEPARTMENT/DIVISION: Ashton Kogel Public Works / Engineering ITEM DESCRIPTION: Vacation 22-03 Vacation of Drainage and Utility Easements ITEM NO.: IX.B. Requested Action Move to: Close the public hearing; and Adopt the Resolution vacating Drainage and Utility Easements. Synopsis The developer of Blue Stem North has requested the vacation of part of the drainage and utility easements as dedicated on Outlot A, and Lot 1, Block 1, Liberty Plaza, Hennepin County, Minnesota to facilitate the plat of Golden Triangle TOD. Background Information The drainage and utility easements were originally dedicated with the plat of Liberty Plaza. New drainage and utility easements will be dedicated with the plat of Golden Triangle TOD. The release of the resolution vacating the drainage and utility easements shall be conditioned on the recording of the plat of Golden Triangle TOD. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2022- VACATION OF PART OF THE DRAINAGE AND UTILTY EASEMENTS OVER OUTLOT A, AND LOT 1, BLOCK 1, LIBERTY PLAZA VACATION 22-03 WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as follows: Drainage and utility easements as delineated, dedicated and donated on Liberty Plaza, Hennepin County, Minnesota to be vacated. Said easements described as follows: All drainage and utility easements on Lot 1, Block 1 and Outlot A, LIBERTY PLAZA, according to the record plat, Hennepin County, Minnesota lying westerly of the following described line: Commencing at the Northeast corner of said Outlot A; thence North 86 degrees 45 minutes 35 seconds West, assumed bearing along the North line of said Outlot A, a distance of 341.50 feet to an angle point in the North line of said Outlot A; thence North 77 degrees 43 minutes 31 seconds West, along said North line of Outlot A, a distance of 6.01 feet to the point of beginning of the line to be described; thence South 12 degrees 13 minutes 01 seconds East, a distance of 657.61 feet to the South line of said Lot 1, Block 1, LIBERTY PLAZA, and there terminating. and All drainage and utility easements on said Outlot A lying easterly and northerly of the following described line: Commencing at the Northeast corner of said Outlot A; thence North 86 degrees 45 minutes 35 seconds West, assumed bearing along the North line of said Outlot A, a distance of 280.09 feet to the point of beginning of the line to be described; thence South 13 degrees 41 minutes 21 seconds East, a distance of 261.22 feet; thence North 77 degrees 47 minutes 12 seconds East, a distance of 8.00 feet; thence South 12 degrees 13 minutes 01 seconds East, a distance of 81.38 feet; thence North 77 degrees 46 minutes 59 seconds East, a distance of 171.98 feet; thence Northeasterly 53.98 feet on a non-tangential curve, concave to the northwest, having a radius of 39.00 feet, a delta angle of 79 degrees 18 minutes 21 seconds and a chord that bears North 38 degrees 13 minutes 26 seconds East to the east line of said Outlot A and there terminating. WHEREAS, a Public Hearing was held on July 12, 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 Golden Triangle TOD has been recorded with the County Recorder/Registrar of Titles as applicable. 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 Golden Triangle TOD is recorded. ADOPTED by the Eden Prairie City Council on July 12, 2022. ________________________ Ronald A. Case, Mayor ATTEST: _______________________ Katie O’Connor, Deputy City Clerk R D .W. 70th ST.LAKE DR.ON RD.WILLOWOODW. 69th ST.PKWY.R.DEGDRI GO L D E N C R O W N E OAK RD.HAMILTRD.VI E W V A L L E Y SHADYOAKRD.FLYING C L O U D DR.REGENCY LN.OAKRD.MEL'SWAY99.100.101.102.South212212212611G:\Engineering\Drawings\Public Works\Easements\Vacations\2022\VAC 22-03.dwg DATE: 06/10/2022VACATION LOCATION MAPVAC 22-03SITE 10 10 10101 0S12°13'01"E 657 .61 N86°45'35"W 341.506.01N77°43 '31 "W NORTHEASTCORNEROUTLOT A,LIBERTY PLAZA SOUTH LINE OF LOT 1,BLOCK 1 LIBERTY PLAZA NORTH LINEOUTLOT A,LIBERTY PLAZA NORTH LINEOUTLOT A,LIBERTY PLAZA 81.38S12°13'01"E 171.98 N77°46'59"E 8.00N77°47'12"E L= 5 3 .98R=3 9 . 0 0Δ=79 ° 1 8 ' 21 "CH=49. 7 7CHB=N 3 8 °13 ' 2 6 " E 280.09 S13°41'21 "E 261 .22EAST LINE OUTLOT A,LIBERTY PLAZAN:\0031916.00\DWG\SURVEY\0031916.00-SK02 EASEMENT VAC.DWG11 EDEN PRAIRIE, MN 5/25/2022 LIBERTY PLAZA EASEMENTVACATIONEXHIBIT SHEET NUMBER: DATE: OFPhone(952) 937-5150 12701 Whitewater Drive, Suite #300 Fax (952) 937-5822 Minnetonka, MN 55343Toll Free (888) 937-5150 0'200'400' © 2022 Westwood Professional Services, Inc. PROJECT NUMBER: 0031916.00 LEGAL DESCRIPTION - EASEMENTS TO BE VACATED VACATION 22-03 NOTICE OF VACATION OF A PART OF THE DRAINAGE AND UTILITY EASEMENTS AS DEDICATED ON THE PLAT OF LIBERTY PLAZA OVER LOT 1, BLOCK 1, AND OUTLOT A, 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 July 12, 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 LIBERTY PLAZA, Hennepin County, Minnesota to be vacated. Said easements described as follows: All drainage and utility easements on Lot 1, Block 1 and Outlot A, LIBERTY PLAZA, according to the record plat, Hennepin County, Minnesota lying westerly of the following described line: Commencing at the Northeast corner of said Outlot A; thence North 86 degrees 45 minutes 35 seconds West, assumed bearing along the North line of said Outlot A, a distance of 341.50 feet to an angle point in the North line of said Outlot A; thence North 77 degrees 43 minutes 31 seconds West, along said North line of Outlot A, a distance of 6.01 feet to the point of beginning of the line to be described; thence South 12 degrees 13 minutes 01 seconds East, a distance of 657.61 feet to the South line of said Lot 1, Block 1, LIBERTY PLAZA, and there terminating. AND All drainage and utility easements on said Outlot A lying easterly and northerly of the following described line: Commencing at the Northeast corner of said Outlot A; thence North 86 degrees 45 minutes 35 seconds West, assumed bearing along the North line of said Outlot A, a distance of 280.09 feet to the point of beginning of the line to be described; thence South 13 degrees 41 minutes 21 seconds East, a distance of 261.22 feet; thence North 77 degrees 47 minutes 12 seconds East, a distance of 8.00 feet; thence South 12 degrees 13 minutes 01 seconds East, a distance of 81.38 feet; thence North 77 degrees 46 minutes 59 seconds East, a distance of 171.98 feet; thence Northeasterly 53.98 feet on a non-tangential curve, concave to the northwest, having a radius of 39.00 feet, a delta angle of 79 degrees 18 minutes 21 seconds and a chord that bears North 38 degrees 13 minutes 26 seconds East to the east line of said Outlot A and there terminating. By Order of the City Council Published in the Sun Sailor on June 23, 2022 NOTIFICATION LIST VACATION REQUEST 22-03 A copy of the Public Hearing Notice has been sent to owners of the following parcels: 0111622340018 0111622340022 0111622340023 0111622340024 0111622340028 0111622340029 0111622340030 0111622340031 0111622430013 1211622120010 1211622210011 1211622210013 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: July 12, 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 292118 – 292772 Wire Transfers 1030911 – 1031121 Wire Transfers 8875 - 8911 Purchasing Card 8906 City of Eden Prairie Council Check Summary 7/12/2022 Division Amount Division Amount 000 General 118,449 304 Senior Board 353 100 City Manager 31,780 308 E-911 350 101 Legislative 2,896 309 DWI Forfeiture 21 102 Legal Counsel 43,774 315 Economic Development 22,647 110 City Clerk 3,416 317 Eden Prairie Players 1,200 111 Customer Service 8,549 502 Park Development 60,227 112 Human Resources 1,305 509 CIP Fund 56,525 113 Communications 15,701 512 CIP Trails 11,456 114 Benefits & Training 12,201 522 Improvement Projects 2006 39,667 130 Assessing 830 526 Transportation Fund 15,984 131 Finance 7,888 532 EP Road Connect Flying Cloud 358 132 Housing and Community Services 621 539 2020 Improvement Projects 19,308 133 Planning 92 540 Duck Lake Rd. Reconstruction 469,233 136 Public Safety Communications 5,370 804 100 Year History 817 137 Economic Development 8,252 Total Capital Projects Fund 698,146 138 Community Development Admin.1,760 150 Park Administration 1,713 601 Prairie Village Liquor 197,543 151 Park Maintenance 93,489 602 Den Road Liquor 379,471 153 Organized Athletics 474 603 Prairie View Liquor 224,357 154 Community Center 34,875 605 Den Road Building 3,069 155 Beaches 45 701 Water Enterprise Fund 444,186 156 Youth Programs 31,885 702 Wastewater Enterprise Fund 849,713 157 Special Events 16,682 703 Stormwater Enterprise Fund 76,222 158 Senior Center 5,365 Total Enterprise Fund 2,174,561 159 Recreation Administration 3,387 162 Arts 11,436 802 494 Commuter Services 50,649 163 Outdoor Center 2,849 806 SAC Agency Fund 101,885 164 Park Rental Facilities 375 807 Benefits Fund 1,134,914 168 Arts Center 3,308 809 Investment Fund 4,258 180 Police Sworn 56,221 811 Property Insurance 250,869 184 Fire 51,417 812 Fleet Internal Service 148,841 186 Inspections 3,268 813 IT Internal Service 151,590 200 Engineering 5,157 814 Facilities Capital ISF 9,861 201 Street Maintenance 146,193 815 Facilites Operating ISF 110,212 202 Street Lighting 80,680 816 Facilites City Center ISF 59,622 Total General Fund 811,701 817 Facilites Comm. Center ISF 150,116 Total Internal Svc/Agency Funds 2,172,818 301 CDBG 112,538 303 Cemetary Operation 3,828 Report Total 5,974,723 312 Recycle Rebate 1,130 Total Special Revenue Fund 117,497 City of Eden Prairie Council Check Register by GL 7/12/2022 Check #Amount Supplier / Explanation Account Description Business Unit Comments 292744 454,121 PEMBER COMPANIES, INC.Improvement Contracts Wastewater Capital Lift Station 10 and 12 Rehab 292383 441,563 KRAEMER NORTH AMERICA LLC Improvement Contracts Duck Lake Rd. Reconstruction Duck Lake Road Improvements 292247 346,661 METROPOLITAN COUNCIL MCES User Fee Wasterwater Collection Wastewater Svc Fee July 2022 8900 295,156 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 06.17.22 8877 275,775 ULTIMATE SOFTWARE GROUP, THE Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 06.03.22 292387 250,869 LEAGUE MN CITIES INS TRUST WC Insurance Property Insurance Property/Casualty Coverage Premiums 8875 201,769 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 05.20.22 8898 200,511 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 06.03.22 1031121 174,649 XCEL ENERGY Electric Various Funds Multi location electric 1030950 139,395 ODESA II LLC Other Contracted Services Park Acquisition & Development Riley Lake Playground Project 8880 125,483 MINNESOTA DEPT OF REVENUE Sales Tax Payable Various Funds Sales Tax May 2022 292395 100,866 METROPOLITAN COUNCIL Other Revenue SAC Agency Fund May 2022 SAC Charges 292583 91,056 SIR LINES-A-LOT Contracted Striping Traffic Signs 8906 88,371 USB-PURCHASING CARD Other Revenue Various Funds29226880,000 WEST HENNEPIN AFFORDABLE HOUSING LAND TR Other Contracted Services CDBG - Public Service 292374 67,165 GARDNER BUILDERS Capital Under $25,000 Senior Center 1031059 55,788 LOGIS Software Maintenance IT Operating 292249 47,227 MINNESOTA DEPT OF HEALTH Licenses, Taxes, Fees Utility Operations - General 1031057 46,601 GREGERSON ROSOW JOHNSON & NILAN LTD Legal General Fund 292720 46,493 HYDROCORP Improvement Contracts Water Capital 292377 45,770 GUARDIAN FLEET SAFETY LLC Autos Fleet - Police 292541 44,975 ISG Other Contracted Services Capital Maint. & Reinvestment 1031017 35,019 XCEL ENERGY Electric Various Funds 292769 33,617 ULTIMATE SOFTWARE GROUP, THE Ultimate (prev. Ceridian)IT Operating 292687 32,770 BKJ LAND COMPANY Improvement Contracts Improvement Projects 2006 292391 31,000 MASIMO AMERICAS INC Capital Under $25,000 Capital Maint. & Reinvestment 292725 30,755 KEYS WELL DRILLING COMPANY Improvement Contracts Water Capital 8879 30,334 EMPOWER Deferred Compensation Health and Benefits 8902 30,267 EMPOWER Deferred Compensation Health and Benefits 292750 30,055 RAINBOW TREECARE Other Contracted Services Tree Disease 1031107 28,778 HANSEN THORP PELLINEN OLSON Design & Engineering Stormwater Capital 292207 27,671 BOLTON & MENK INC Design & Engineering Duck Lake Rd. Reconstruction 1030996 26,959 CENTERPOINT ENERGY Gas Various Funds 1031051 24,346 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds 292309 23,475 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 1030939 23,394 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds 292248 23,030 MILBANK WINWATER WORKS Capital Under $25,000 Water Capital 292731 22,615 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 292167 21,377 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 1030992 20,682 WSB & ASSOCIATES INC Design & Engineering Historical Culture 292548 20,219 MACQUEEN EQUIPMENT INC Equipment Repair & Maint Fleet Operating 8901 20,180 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 292549 19,659 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 8878 19,622 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 292640 19,337 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 292160 19,169 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 292747 18,148 PROP Other Contracted Services CDBG - Public Service 292150 17,634 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 292573 16,768 PRESCRIPTION LANDSCAPE Contract Svcs - Lawn Maint.Various Funds Check #Amount Supplier / Explanation Account Description Business Unit Comments 292240 16,300 LAVAN FLOOR COVERING Contract Svcs - General Bldg Ice Arena Maintenance 292531 16,202 GRI EDEN PRAIRIE, LLC Licenses, Taxes, Fees Prairie Village Liquor Store 292394 16,195 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital 292572 16,136 PRAIRIEVIEW RETAIL LLC Licenses, Taxes, Fees Prairie View Liquor Store 292376 16,080 GRAYMONT Treatment Chemicals Water Treatment 292230 16,031 GRAYMONT Treatment Chemicals Water Treatment 292431 15,256 WATERFRONT RESTORATION LLC Other Contracted Services Stormwater Non-Capital 292418 15,255 SSI KEF SLB LLC Electric Maintenance Facility 1031013 15,027 STREICHERS Capital Under $25,000 Police Sworn 292233 15,000 HENNEPIN COUNTY I/T DEPT Software IT Operating 1031002 14,788 HAWKINS INC Treatment Chemicals Water Treatment 8892 14,760 FURTHER - AKA SELECT HSA - Employer Health and Benefits 292222 14,654 CORE & MAIN Repair & Maint. Supplies Stormwater Collection 292676 14,270 360 WALL SYSTEMS INC Equipment Repair & Maint Water Treatment 1031066 14,173 SRF CONSULTING GROUP INC Design & Engineering Transportation Fund 292633 13,564 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 8911 13,448 FURTHER - AKA SELECT HSA - Employer Health and Benefits 1031046 13,112 BIFFS INC Waste Disposal Park Maintenance29272713,000 LANDMARK REMODELING LLC Accounts Receivable TIF-Eden Shores Senior Housing 8882 12,923 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 1030941 12,831 ESS BROTHERS & SONS INC Repair & Maint. Supplies Wasterwater Collection 8903 12,602 I-494 CORRIDOR COMMISSION Wages and Benefits 494 Corridor Commission 292663 12,423 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 292468 12,288 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store 292550 12,076 MARCO INC Telephone IT Capital 292749 11,970 QUALITY COUNTS LLC Improvement Contracts Transportation Fund 292517 11,742 CORE & MAIN Repair & Maint. Supplies Stormwater Collection 292474 11,632 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 292184 11,614 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 1031102 11,601 CENTERPOINT ENERGY Gas Various Funds 292212 11,582 CATALYST GRAPHICS INC Printing Communications 292363 11,532 CORE & MAIN Repair & Maint. Supplies Park Maintenance 292743 11,433 PEAK HEATING AND COOLING INC Other Contracted Services Rehab 292647 11,333 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 292308 10,996 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 292300 10,960 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store 292530 10,815 GRAYMONT Treatment Chemicals Water Treatment 292713 10,731 GRAYMONT Treatment Chemicals Water Treatment 1030948 10,553 METROPOLITAN MECHANICAL CONTRACTORS Contract Svcs - HVAC Fitness/Conference - Cmty Ctr 292244 10,390 MACQUEEN EQUIPMENT INC Protective Clothing Fire 1031063 10,259 PARROTT CONTRACTING INC Equipment Repair & Maint Water Distribution 292556 10,250 MILBANK WINWATER WORKS Capital Under $25,000 Water Capital 292409 10,180 PREMIER LAKE HARVESTING LLC Other Contracted Services Park Maintenance 292398 10,053 MINNESOTA LIFE INSURANCE COMPANY Life Insurance EE/ER Health and Benefits 292261 10,031 SUPERIOR STRIPING INC Contract Svcs - Asphalt/Concr.Various Funds 292722 9,984 INNOVATIVE GRAPHICS Clothing & Uniforms Safety Camp 292343 9,750 APPLIED CONCEPTS, INC.Capital Under $25,000 Police Sworn 292634 9,722 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 292196 9,703 ALTERNATIVE BUSINESS FURNITURE INC Capital Under $25,000 Arts Center 292491 9,691 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 292331 9,595 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store 292428 9,411 VERIZON WIRELESS Other Contracted Services IT Operating 292459 9,402 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 292285 9,399 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 292330 9,154 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 8896 8,937 U.S. BANK - I-494 PURCH. CARD Marketing 494 Corridor Commission 292522 8,538 DG MINNESOTA CS 2021 LLC Electric Facilities Operating ISF 292131 8,507 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 1031120 8,400 WM MUELLER AND SONS INC Gravel Park Maintenance 292639 8,354 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 292252 8,000 MORRIS LEATHERMAN COMPANY Other Contracted Services Economic Development 8883 7,980 CARD CONNECT Bank and Service Charges Community Center Admin 292419 7,961 STANTEC CONSULTING SERVICES INC Design & Engineering Stormwater Capital 292315 7,657 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store 292557 7,600 MINNESOTA PUMP WORKS Repair & Maint. Supplies Stormwater Collection 292138 7,487 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 292449 7,477 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 292589 7,374 SOCCER SHOTS Instructor Service Preschool Events 292190 7,346 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 292337 7,216 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 292302 7,145 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store2922057,080 BERGANKDV LTD Audit & Financial Finance 1031030 6,915 BRAUN INTERTEC CORPORATION Design & Engineering Capital Maint. & Reinvestment 292460 6,888 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 292461 6,824 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 292176 6,728 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 292292 6,628 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 292323 6,612 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 292312 6,608 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 292736 6,500 MINNESOTA MUNICIPAL BEVERAGE ASSOCIATION Dues & Subscriptions Prairie View Liquor Store 292752 6,500 RIGHTLINE DESIGN LLC Other Contracted Services Communications 292284 6,498 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 292403 6,460 NORTHSTAR MUDJACKING & MORE LLC Mudjacking Curbs Drainage 292626 6,254 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 292301 6,142 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 292372 6,125 FIRE CATT LLC Equipment Testing/Cert.Fire 292552 6,025 MARTIN-MCALLISTER Employment Support Test Organizational Services 292771 6,013 USA INFLATABLES Other Contracted Services July 4th Celebration 292279 5,884 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 292620 5,750 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 292670 5,706 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 292518 5,634 COUNTY MATERIALS CORPORATION Repair & Maint. Supplies Stormwater Collection 292202 5,518 AVR INC Asphalt Overlay Street Maintenance 292204 5,445 BADGER STATE INSPECTION LLC Deposits Water Enterprise Fund 1031053 5,425 ESS BROTHERS & SONS INC Repair & Maint. Supplies Wasterwater Collection 1030947 5,368 METRO SALES INCORPORATED*Other Rentals Utility Operations - General 292742 5,360 NOYES DAN Application Fees General Fund 1031100 5,316 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 292325 5,218 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 292532 5,198 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF 292379 5,193 HEALTHPARTNERS OCCUPATIONAL MEDICINE Employment Support Test 494 Corridor Commission 292613 5,117 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 292656 5,095 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 1031058 5,066 HORIZON COMMERCIAL POOL SUPPLY Contract Svcs - Pool Pool Maintenance 292123 5,011 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 292528 5,000 FREE AND EASY BAND Other Contracted Services July 4th Celebration Check #Amount Supplier / Explanation Account Description Business Unit Comments 292614 4,936 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 292472 4,927 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 292481 4,799 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 292516 4,766 COMMERCIAL ASPHALT CO Asphalt Overlay Stormwater Collection 292203 4,696 BADGER METER Telephone Water Metering 1030960 4,664 WM MUELLER AND SONS INC Repair & Maint. Supplies Stormwater Collection 292587 4,657 SMSC ENTERPRISES Design & Engineering Economic Development Fund 292151 4,636 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store 292277 4,630 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 292689 4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General 292644 4,586 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 292397 4,550 MHSRC/RANGE Tuition Reimbursement/School Police Sworn 292536 4,530 HINTERLAND CSG LLC Electric Facilities Operating ISF 1031072 4,421 WM MUELLER AND SONS INC Repair & Maint. Supplies Stormwater Collection 292493 4,413 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store 1031000 4,372 GENUINE PARTS COMPANY Repair & Maint. Supplies Ice Arena Maintenance 292406 4,258 PFM ASSET MANAGEMENT LLC Interest Investment Fund 292390 4,220 MADISON NATIONAL LIFE INSURANCE CO INC Disability Ins Employers Health and Benefits2924834,193 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 292324 4,095 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 292564 4,080 NOW MICRO INC Computers - Monitors IT Operating 1031008 4,068 METRO SALES INCORPORATED*Equipment Rentals IT Operating 292434 4,063 WM CORPORATE SERVICES INC Waste Disposal Fire Station #3 1031113 4,050 RESTORATION SYSTEMS INC Deposits Water Enterprise Fund 292386 4,030 LAW ENFORCEMENT LABOR SERVICES INC.Union Dues Withheld Health and Benefits 292224 3,983 DEPT OF EMPLOYMENT/ECONOMIC DEVELOPMENT Interest Economic Development Fund 1030935 3,936 SITEONE LANDSCAPE SUPPLY, LLC Repair & Maint. Supplies Round Lake 1030991 3,871 VAN PAPER COMPANY Cleaning Supplies General Community Center 1031016 3,845 WM MUELLER AND SONS INC Asphalt Overlay Stormwater Collection 292467 3,822 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 292588 3,821 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF 292238 3,788 IMPACT PROVEN SOLUTIONS Other Contracted Services Wastewater Accounting 8909 3,753 FURTHER - AKA SELECT FSA - Medical Health and Benefits 1031068 3,744 TOWMASTER INC Equipment Parts Fleet Operating 292662 3,739 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 292504 3,675 AVR INC Asphalt Overlay Street Maintenance 292655 3,669 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store 292297 3,644 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 292250 3,628 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Street Lighting 292165 3,589 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store 292334 3,588 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 292635 3,558 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 292254 3,550 PRO TREE OUTDOOR SERVICES Other Contracted Services Tree Removal 292440 3,428 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 292683 3,415 AVR INC Asphalt Overlay Street Maintenance 292451 3,410 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store 1031071 3,395 WALL TRENDS INC Contract Svcs - General Bldg Fire Station #4 8897 3,386 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 1031070 3,372 USA SECURITY Maintenance Contracts Water Treatment 292698 3,341 CORE & MAIN Repair & Maint. Supplies Park Maintenance 1030959 3,287 WENGER CORPORATION Operating Supplies Eden Prairie Players 292488 3,253 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 292526 3,250 F I R E Training Fire Check #Amount Supplier / Explanation Account Description Business Unit Comments 1031054 3,186 ETHANOL PRODUCTS LLC Treatment Chemicals Water Treatment 292404 3,150 PDQ.COM Software Maintenance IT Operating 292729 3,097 LUBE-TECH ESI Lubricants & Additives Fleet Operating 292306 3,096 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 292152 3,089 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store 292534 3,085 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 292136 3,034 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 292178 3,030 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 292570 3,000 PITNEY BOWES BANK INC RESERVE ACCOUNT Postage Customer Service 1031116 3,000 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells) 292236 2,994 HIPERLINE Equipment Repair & Maint Stormwater Collection 292380 2,971 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn 292416 2,941 SOLUTION BUILDERS Computers 494 Corridor Commission 292691 2,841 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 292445 2,836 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 292290 2,805 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 292441 2,804 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 292482 2,801 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store2925952,764 TARGETSOLUTIONS LEARNING, LLC Software Maintenance IT Operating 292234 2,750 HENNEPIN COUNTY MEDICAL CENTER Training Fire 1030998 2,729 ELECTRIC PUMP Equipment Repair & Maint Wastewater Lift Station 292177 2,694 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store 292159 2,653 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Den Road Liquor Store 292439 2,641 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store 8884 2,616 INVOICE CLOUD INC Bank and Service Charges Historical Culture 292412 2,600 RITTER & RITTER SEWER SERVICE INC Equipment Repair & Maint Stormwater Collection 292365 2,592 DAKOTA UNLIMITED Other Contracted Services Capital Maint. & Reinvestment 292575 2,547 QUETICA LLC Other Contracted Services Facilities Capital 292206 2,533 BKJ LAND COMPANY Other Contracted Services CIP Trails 292220 2,504 COMMERCIAL ASPHALT CO Patching Asphalt Street Maintenance 292602 2,500 TYLER TECHNOLOGIES INC Software IT Capital 292701 2,480 DAKOTA WOOD - GRINDING INC Other Rentals Street Maintenance 292210 2,454 BUELL CONSULTING Deposits Water Enterprise Fund 1030954 2,421 ST CROIX RECREATION FUN PLAYGRAOUNDS INC Repair & Maint. Supplies Park Maintenance 292227 2,420 FIRE SAFETY USA INC Equipment Repair & Maint Fleet Operating 292728 2,418 LLOYDS CONSTRUCTION Waste Blacktop/Concrete Street Maintenance 1031114 2,377 SHERWIN WILLIAMS Equipment Repair & Maint Traffic Signals 292340 2,337 ADVANTAGE PROPERTY MAINTENANCE INC Landscape Materials/Supp Park Maintenance 292124 2,334 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 292726 2,311 KODIAK CUSTOM LETTERING INC Clothing & Uniforms Tennis 292188 2,309 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 292631 2,301 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 292201 2,297 ASPEN MILLS Clothing & Uniforms Fire 292286 2,280 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 1030983 2,240 KRISS PREMIUM PRODUCTS INC Supplies - HVAC Ice Arena Maintenance 292278 2,195 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 292721 2,193 INDIGITAL INC Other Contracted Services IT Capital 292563 2,129 NAC Contract Svcs - General Bldg Garden Room Repairs 292619 2,095 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 292310 2,091 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 292714 2,077 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions 292329 2,002 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 292700 2,000 DAKOTA COUNTY CDA Other Contracted Services CDBG - Public Service Check #Amount Supplier / Explanation Account Description Business Unit Comments 1031045 1,985 ANCHOR PAPER COMPANY Office Supplies Police Sworn 292282 1,962 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 292741 1,958 NORTHLAND PETROLEUM SERVICE INC Equipment Testing/Cert.Fleet Operating 292200 1,935 ARVIG Fiber Lease Payments IT Operating 292272 1,935 ARVIG Fiber Lease Payments IT Operating 292718 1,928 HLS OUTDOOR Repair & Maint. Supplies Park Maintenance 292347 1,920 AT YOUTH PROGRAMS LLC Instructor Service Lesson Skills Development 292533 1,910 HEALTH STRATEGIES Employment Support Test Organizational Services 292668 1,893 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store 292405 1,875 PERA Wages and Benefits 494 Corridor Commission 1031039 1,855 OUTDOOR ENVIRONMENTS INC Other Contracted Services Eden Prairie Cemetery 292723 1,855 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits 292321 1,855 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 8889 1,854 FURTHER - AKA SELECT FSA - Dependent Care Health and Benefits 292594 1,850 TACTICAL SOLUTIONS INC Equipment Repair & Maint Police Sworn 292638 1,847 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 292356 1,841 CHICK-FIL-A Reimburse-legal notices General Fund 292537 1,837 HP INC Operating Supplies Community Center Admin2925691,832 PERA Wages and Benefits 494 Corridor Commission 292265 1,830 T-MOBILE USA Deposits Water Enterprise Fund 292715 1,828 GYM WORKS Equipment Repair & Maint Fitness Center 1030979 1,827 FLEETPRIDE INC Software Fleet Operating 292382 1,814 INDIGITAL INC Other Contracted Services IT Capital 292580 1,800 SANDCRANE MONUMENT SERVICE LLC Other Contracted Services Park Acquisition & Development 292479 1,799 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 292457 1,788 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 292215 1,770 CIVICPLUS LLC Other Contracted Services Records Management 292125 1,769 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 1031024 1,768 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 1030967 1,703 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store 292274 1,661 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 292332 1,661 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 292413 1,656 SCHLOMKA SERVICES LLC Building Repair & Maint.Maintenance Facility 292128 1,654 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 1031034 1,651 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution 292266 1,613 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions 292145 1,610 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store 292694 1,606 CITY OF SAINT PAUL Patching Asphalt Street Maintenance 292730 1,606 MACDONALD & MACK ARCHITECTS LTD Other Contracted Services Facilities Capital 1031067 1,573 STREICHERS Clothing & Uniforms Police Sworn 292164 1,570 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 292158 1,559 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 292554 1,540 MIDWEST AQUA CARE INC Other Contracted Services Riley Lake 1031028 1,523 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 292353 1,493 CEMSTONE PRODUCTS COMPANY Asphalt Overlay Street Maintenance 292243 1,480 MACDONALD & MACK ARCHITECTS LTD Other Contracted Services Facilities Capital 1030938 1,473 CDW GOVERNMENT INC.Capital Under $25,000 Capital Maint. & Reinvestment 1031020 1,467 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 292470 1,461 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 292660 1,453 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 1031044 1,444 YOUNGSTEDTS COLLISION CENTER Equipment Repair & Maint Fleet Operating 292466 1,441 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store 292508 1,440 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn Check #Amount Supplier / Explanation Account Description Business Unit Comments 1031090 1,430 HACH COMPANY Laboratory Chemicals Water Treatment 292717 1,425 HENNEPIN TECHNICAL COLLEGE Other Contracted Services Street Maintenance 292682 1,418 AT YOUTH PROGRAMS LLC Instructor Service Camps 292704 1,400 DIESEL COMPONENTS, INC.Equipment Parts Fleet Operating 1031110 1,399 MENARDS Building Repair & Maint.Water Treatment 1031036 1,399 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Center - CAM 1031056 1,395 GRAINGER Repair & Maint. Supplies Park Maintenance 1030964 1,386 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store 292605 1,382 YORKTOWN OFFICES Rent 494 Corridor Commission 292476 1,380 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1031003 1,376 HORIZON COMMERCIAL POOL SUPPLY Chemicals Round Lake 292710 1,350 FIRST STATE TIRE RECYCLING Waste Disposal Fleet Operating 292348 1,325 AVR INC Asphalt Overlay Stormwater Collection 1031014 1,302 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 292408 1,300 PRECISE MRM LLC Other Contracted Services Snow & Ice Control 1031048 1,294 CDW GOVERNMENT INC.Capital Under $25,000 Senior Center 292562 1,294 MVP CRICKET LLC Instructor Service Lesson Skills Development 292555 1,289 MIDWEST PLAYSCAPES Repair & Maint. Supplies Crestwood Park2925391,275 INNOVATIVE GRAPHICS Clothing & Uniforms Youth Programs Admin 292181 1,267 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 8888 1,265 US BANK - CREDIT CARD MERCHANT ONLY Bank and Service Charges Finance 292703 1,265 DELI DOUBLE Special Event Fees Senior Center Programs 292684 1,254 BALDWIN SUPPLY COMPANY Repair & Maint. Supplies Water Treatment 292427 1,250 UNTIEDT'S VEGETABLE FARM INC Employee Award Organizational Services 8886 1,248 AMERICAN EXPRESS Bank and Service Charges Inspections-Administration 1030936 1,204 VAN PAPER COMPANY Cleaning Supplies Den Road Liquor Store 1030923 1,202 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 292351 1,200 BOTTEMA BARBARA Operating Supplies Pleasant Hill Cemetery 292558 1,200 MINNESOTA WILDLIFE CONNECTION Other Contracted Services Outdoor Center 292140 1,197 SUMMER LAKES BEVERAGE LLC Liquor Product Received Prairie Village Liquor Store 292596 1,196 TECH ACUMEN INCORPORATED Other Contracted Services Liquor Store Delivery 292120 1,176 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 292270 1,173 XTREME INTEGRATION Other Contracted Services Yard Waste Site 1031025 1,169 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 292724 1,152 JSW EMBROIDERY & TACKLE TWILL Deposits Utility Operations - General 292582 1,150 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Disease 8908 1,141 FURTHER - AKA SELECT Other Contracted Services Health and Benefits 1030912 1,136 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 292170 1,134 SUMMER LAKES BEVERAGE LLC Liquor Product Received Den Road Liquor Store 292355 1,130 CERTIFIED APPLIANCE RECYCLING Waste Disposal Recycle Rebate 292657 1,121 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store 1031006 1,119 MENARDS Repair & Maint. Supplies Fleet Operating 292232 1,116 HEALTH STRATEGIES Health & Fitness Fire 292245 1,083 MARCO INC Hardware - R&M IT Operating 292567 1,073 OVERHEAD DOOR CO. OF THE NORTHLAND Building Repair & Maint.Utility Operations - General 292677 1,063 A TO Z RENTAL CENTER Other Rentals Park Maintenance 292231 1,054 GS DIRECT Operating Supplies Parks Administration 292546 1,050 LEADERSHIP TRANSITIONS INC Conference/Training Community Development Admin. 292625 1,049 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store 1031021 1,042 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 292311 1,032 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 292262 1,029 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 292154 1,023 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 1030982 1,021 KORAS, JORDAN Travel Expense Police Sworn 1031031 1,020 CASE, RON Travel Expense City Council 292342 1,015 ANCOM COMMUNICATIONS INC Operating Supplies Public Safety Communications 292577 1,014 REVOLUTIONARY SPORTS, LLC Instructor Service Youth Programs Admin 292487 1,013 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store 1030994 1,007 BARR ENGINEERING COMPANY OCS - Monitoring Stormwater Non-Capital 292211 1,000 CARLSON GERALD Other Contracted Services Arts 292509 1,000 BRIAN KINNEY BAND Other Contracted Services July 4th Celebration 292547 1,000 LOR PA NA Other Contracted Services Arts 292566 1,000 OLSON KIMBER Other Contracted Services Arts 292538 1,000 INDIGO SIGNWORKS, INC.Other Contracted Services Fleet Operating 292501 996 AIRGAS USA LLC Supplies - Pool Fire 292649 992 SUMMER LAKES BEVERAGE LLC Liquor Product Received Den Road Liquor Store 292437 992 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 292618 989 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 292213 963 CENTURYLINK Telephone Riley Lake 1030972 961 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store 292171 957 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store1031065952REPUBLIC SERVICES #894 Waste Blacktop/Concrete Street Maintenance 1030918 950 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 292209 949 BRYAN ROCK PRODUCTS INC Landscape Materials/Supp Park Maintenance 1030920 934 VINOCOPIA Liquor Product Received Prairie View Liquor Store 292423 934 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1030955 915 STREICHERS Training Supplies Police Sworn 292571 913 POPE DOUGLAS SOLID WASTE MANAGEMENT Other Contracted Services Police Sworn 292535 911 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint IT Operating 292183 909 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie View Liquor Store 292490 903 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 292385 879 LANO EQUIPMENT INC Equipment Parts Fleet Operating 292621 874 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 292422 868 SUBURBAN CHEVROLET Equipment Parts Fleet Operating 292746 864 PRAIRIE EQUIPMENT COMPANY Repair & Maint. Supplies Water Distribution 292126 853 DRASTIC MEASURES BREWING LLC Liquor Product Received Prairie Village Liquor Store 292410 827 R AND R METALWORKS INC Equipment Repair & Maint Water Treatment 292643 827 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store 1031119 820 VISTAR CORPORATION Merchandise for Resale Concessions 1031009 818 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 292453 812 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 1031101 807 ANCHOR PAPER COMPANY Office Supplies Customer Service 292130 790 JJ TAYLOR DISTRIBUTING MINNESOTA Liquor Product Received Prairie Village Liquor Store 1031106 783 GRAINGER Cleaning Supplies Pool Maintenance 292208 783 BOUND TREE MEDICAL LLC EMS Supplies Fire 1031079 776 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 1030966 769 VINOCOPIA Liquor Product Received Den Road Liquor Store 1030946 767 MENARDS Repair & Maint. Supplies Park Maintenance 8876 759 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 8899 759 ULTIMATE SOFTWARE GROUP, THE Garnishment Withheld Health and Benefits 292542 756 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment 292228 756 FREEZIAC Merchandise for Resale Concessions 1030978 752 FASTENAL COMPANY Safety Supplies Fleet Operating 292341 750 AMERICAN ENVIRONMENTAL LLC Equipment Repair & Maint Wastewater Lift Station 292368 750 DIETHELM, TAMMY L Other Contracted Services Eden Prairie Cemetery 292579 750 ROSENBUSH JACQUILYN Other Contracted Services Arts Check #Amount Supplier / Explanation Account Description Business Unit Comments 1031085 749 CLAREY'S SAFETY EQUIPMENT Safety Supplies Utility Operations - General 292280 745 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 1031104 740 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 292370 732 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 292667 729 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 1031109 728 LOCATORS & SUPPLIES INC Operating Supplies Traffic Signals 1031032 728 CONCRETE CUTTING AND CORING Patching Asphalt Street Maintenance 292755 720 SHIRAZI ELHAM Conference/Prof. Dev.494 Corridor Commission 292615 716 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store 292426 709 TYLER TECHNOLOGIES INC Software IT Capital 292653 708 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 292716 705 HEALTH STRATEGIES Employment Support Test Fire 1031062 701 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 292598 700 TOTAL ENTERTAINMENT/KIDSDANCE PROD.Other Contracted Services July 4th Celebration 292448 688 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 1031023 687 VINOCOPIA Liquor Product Received Den Road Liquor Store 292719 681 HOME DEPOT CREDIT SERVICES Postage Arts Center 292195 674 AIRGAS USA LLC Supplies - Pool Pool Maintenance292665674MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 292153 672 CARLOS CREEK WINERY Liquor Product Received Den Road Liquor Store 292651 671 WINEBOW Liquor Product Received Den Road Liquor Store 1030971 670 VINOCOPIA Liquor Product Received Prairie View Liquor Store 292226 662 EMERGENCY AUTOMOTIVE TECHNOLOGY INC Equipment Parts Fleet Operating 292507 660 BIG STATE INDUSTRIAL SUPPLY INC Safety Supplies Stormwater Collection 1030963 660 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 292609 653 BRECHEISEN HANNAH Deposits General Fund 292454 651 WINEBOW Liquor Product Received Prairie Village Liquor Store 292477 651 WINEBOW Liquor Product Received Den Road Liquor Store 292497 651 WINEBOW Liquor Product Received Prairie View Liquor Store 292505 650 BARTON SAND & GRAVEL CO Waste Blacktop/Concrete Street Maintenance 292269 638 WM CORPORATE SERVICES INC Waste Disposal Maintenance Facility 292473 632 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 1030930 630 KRISS PREMIUM PRODUCTS INC Contract Svcs - HVAC General Community Center 292496 620 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 292464 619 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 1031004 618 LAW ENFORCMENT TARGETS INC Training Supplies Police Sworn 292393 616 MEDICINE LAKE TOURS Special Event Fees Trips 292711 610 GALLAGHERS INC Repair & Maint. Supplies Stormwater Collection 292692 603 CENTURYLINK Telephone Homeward Hills Park 292544 600 KRAFT MATTHEW E Other Contracted Services Theatre Initiative 292699 597 CRANE ENGINEERING INC Repair & Maint. Supplies Water Treatment 292574 595 PRINCIPAL FINANCIAL GROUP Wages and Benefits 494 Corridor Commission 292371 590 FIELD TRAINING SOLUTIONS Tuition Reimbursement/School Police Sworn 292650 590 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 292229 588 GERTENS Landscape Materials/Supp Park Maintenance 292157 585 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store 8887 583 PMA FINANCIAL NETWORK INC Bank and Service Charges Wastewater Accounting 292446 580 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store 292187 578 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store 292354 571 CENTURYLINK Telephone IT Operating 1031007 569 METRO ELEVATOR INC Building Repair & Maint.Utility Operations - General 292492 565 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 1031075 561 VINOCOPIA Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 292384 559 LAKE COUNTRY DOOR LLC Contract Svcs - General Bldg Police (City Cost) 1031010 556 MULCAHY COMPANY INC Supplies - HVAC Pool Maintenance 292553 550 MHSRC/RANGE Training Fire 1031055 550 GRAFIX SHOPPE Autos Fleet - Police 292258 549 SIR LINES-A-LOT Other Contracted Services Purgatory Creek Park 292673 549 WINEBOW Liquor Product Received Prairie View Liquor Store 1031042 543 THE OASIS GROUP Employee Assistance Organizational Services 292242 539 LHB INC Other Contracted Services Sustainable Eden Prairie 1030937 538 ANCHOR PAPER COMPANY Office Supplies Customer Service 292672 534 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 292407 530 PRAIRIE LAWN AND GARDEN Small Tools Park Maintenance 292592 527 SUBURBAN CHEVROLET Equipment Repair & Maint Fleet Operating 292611 525 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store 292636 525 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 292486 522 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store 292527 522 FEARS KATHLEEN P&R Refunds Community Center Admin 1030913 516 PARLEY LAKE WINERY Liquor Product Received Prairie Village Liquor Store 292314 516 SMALL LOT MN Liquor Product Received Den Road Liquor Store292260511STAPLES ADVANTAGE Office Supplies Customer Service 1031089 509 GREATAMERICA FINANCIAL SVCS Postage Customer Service 1030956 508 ULINE Office Supplies Police Sworn 292289 507 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 292442 507 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store 1030993 507 ASPEN WASTE SYSTEMS INC.Waste Disposal Utility Operations - General 8881 504 MINNESOTA DEPT OF REVENUE Motor Fuels Fleet Operating 292523 500 DURKEE, DAVID Other Contracted Services Theatre Initiative 292735 500 MINNEAPOLIS REGIONAL CHAMBER OF COMMERCE Marketing 494 Corridor Commission 1031112 500 PARROTT CONTRACTING INC Improvement Contracts Stormwater Capital 292666 493 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 292521 492 DELUXE Bank and Service Charges Prairie Village Liquor Store 292669 488 SMALL LOT MN Liquor Product Received Prairie View Liquor Store 292629 484 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 292303 477 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 292763 476 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions 1030969 476 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store 292396 475 MHSRC/DDP Other Contracted Services Senior Center Programs 292688 475 BLOOMINGTON, CITY OF Other Contracted Services Police Sworn 292753 474 S&S WORLDWIDE INC Operating Supplies Youth Programs Admin 1031108 464 IDENTISYS Operating Supplies Community Center Admin 1030952 457 REINDERS INC Other Contracted Services Park Maintenance 292450 455 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 292173 454 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store 292510 450 CAPSTONE PUBLIC SECTOR SOLUTIONS Training Fire 292603 450 UNIVERSAL ATHLETIC SERVICES INC Awards Volleyball 292462 449 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store 1031111 447 NORTH CENTRAL LABORATORIES Laboratory Chemicals Water Treatment 292161 445 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 292675 445 PETTY CASH-POLICE DEPT Office Supplies Volunteers 292327 440 DOMACE VINO Liquor Product Received Prairie View Liquor Store 292358 433 CINTAS CORPORATION Safety Supplies Community Center Admin 292133 433 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store 292366 428 DAYROBB BATTERIES PLUS Janitor Service General Community Center 292267 426 WATER CONSERVATION SERVICES INC Equipment Repair & Maint Water Distribution Check #Amount Supplier / Explanation Account Description Business Unit Comments 292199 425 ARCPOINT LABS OF EDEN PRAIRIE Employment Support Test Organizational Services 292186 425 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store 292237 419 IEDITWEB INC Licenses, Taxes, Fees Garden Room Repairs 292295 418 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store 292239 412 LANO EQUIPMENT INC Equipment Parts Fleet Operating 292273 412 VENKATA, LATHA Miscellaneous City Council 292132 405 LUPULIN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 292737 404 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals 292630 402 WINEBOW Liquor Product Received Prairie Village Liquor Store 1031086 392 EICHMAN NATHAN Dues & Subscriptions Police Sworn 1031011 391 PRAIRIE ELECTRIC COMPANY Repair & Maint. Supplies Water Treatment 292524 389 EDEN PRAIRIE CENTER LLC Building Rental CDBG - Public Service 292642 387 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store 292690 382 CBIZ INVESTMENT ADVISORY SERVICES LLC Other Contracted Services Health and Benefits 1031060 382 MENARDS Supplies - Plumbing Park Maintenance 292471 380 PEQUOD DISTRIBUTION Liquor Product Received Den Road Liquor Store 292319 380 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store 1031078 370 VINOCOPIA Liquor Product Received Den Road Liquor Store292122369BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 292147 369 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 292174 369 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 292197 368 AMERICAN PRESSURE INC Supplies - Plumbing Maintenance Facility 1031081 368 VINOCOPIA Liquor Product Received Prairie View Liquor Store 292616 365 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 292121 357 BERGMAN LEDGE LLC Liquor Product Received Prairie Village Liquor Store 1030958 353 VISTAR CORPORATION Merchandise for Resale Concessions 292551 350 MARSHALL, ADAM DOUGLAS Other Contracted Services Staring Lake Concert 292754 350 SHIDELL DOUG Incentives 494 Corridor Commission 292511 350 CENTURYLINK Internet Staring Lake 1030944 348 GRAINGER Repair & Maint. Supplies Water Treatment 292568 347 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire 292732 347 METRO APPLIANCE RECYCLING Waste Disposal Fleet Operating 292604 345 WM CORPORATE SERVICES INC Waste Disposal Maintenance Facility 292765 344 THE ADVENT GROUP Temp 494 Corridor Commission 292525 344 EHLERS & ASSOCIATES INC Deposits Economic Development Fund 1030915 343 VINOCOPIA Liquor Product Received Den Road Liquor Store 292674 341 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store 1031082 340 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store 292430 338 VERMONT SYSTEMS, INC Software Recreation Admin 292389 337 LENNOX INDUSTRIES INC.Supplies - HVAC Fire Station #4 1030917 336 PARLEY LAKE WINERY Liquor Product Received Den Road Liquor Store 1031093 336 MINNESOTA CLAY CO. USA Operating Supplies Arts Center 292438 333 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 292458 333 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 292480 333 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 292134 332 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 292708 330 EMERGENCY TECHNICAL DECON Protective Clothing Fire 292764 330 TECH ACUMEN INCORPORATED Other Contracted Services Liquor Store Delivery 292367 330 DEALER AUTOMOTIVE SERVICES INC Equipment Repair & Maint Fleet Operating 292702 330 DEALER AUTOMOTIVE SERVICES INC Equipment Repair & Maint Fleet Operating 292576 320 READY WATT ELECTRIC Equipment Repair & Maint Emergency Management 292135 316 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store 292402 316 MOST DEPENDABLE FOUNTAINS Repair & Maint. Supplies Park Maintenance Check #Amount Supplier / Explanation Account Description Business Unit Comments 292142 313 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 292326 313 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 292162 311 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 292129 311 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 292322 308 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 292259 308 ST CROIX LINEN LLC Operating Supplies-Linens Fire 292590 308 ST CROIX LINEN LLC Operating Supplies-Linens Fire 292320 308 WINEBOW Liquor Product Received Den Road Liquor Store 1031040 304 QUALITY PROPANE Patching Asphalt Ice Arena Maintenance 292304 303 DOMACE VINO Liquor Product Received Den Road Liquor Store 1031001 302 GRAINGER Repair & Maint. Supplies Fire Station #1 292241 302 LAWSON PRODUCTS INC Operating Supplies Fleet Operating 292411 300 RABBIT RESCUE OF MN Other Contracted Services Specialty Fitness Programs 292758 300 SMITHSON, EVERETT Other Contracted Services Staring Lake Concert 1030988 300 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1031035 295 KRISS PREMIUM PRODUCTS INC Supplies - HVAC Ice Arena Maintenance 292299 293 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 292463 291 DOMACE VINO Liquor Product Received Den Road Liquor Store1031064290PREMIUM WATERS INC Operating Supplies - Water Fire 292235 289 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance 292444 288 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store 292257 287 SIGN SOLUTIONS USA Operating Supplies Traffic Signs 1031117 285 TWIN CITY SEED CO Repair & Maint. Supplies Stormwater Collection 292661 285 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 292632 284 BLACK STACK BREWING INC Liquor Product Received Den Road Liquor Store 1031105 281 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits 292336 278 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store 292185 276 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 292293 276 STARRY EYED BREWING LLC Liquor Product Received Prairie Village Liquor Store 1030943 276 GRAFIX SHOPPE Equipment Parts Fleet Operating 292734 275 MHSRC/RANGE Training Fire 1031073 272 XCEL ENERGY Electric Miller Park 292767 270 TRAFFIC CONTROL CORPORATION Equipment Repair & Maint Traffic Signals 292740 270 NORTHERN TOOL Repair & Maint. Supplies Water Treatment 292339 270 A TO Z RENTAL CENTER Repair & Maint. Supplies Park Maintenance 1030928 269 FASTENAL COMPANY Operating Supplies Fleet Operating 292420 269 STAPLES ADVANTAGE Office Supplies Utility Operations - General 1031005 268 LOCATORS & SUPPLIES INC Operating Supplies Traffic Signals 292156 267 DRASTIC MEASURES BREWING LLC Liquor Product Received Den Road Liquor Store 292119 266 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store 1031103 263 DREW'S CONCESSIONS LLC Merchandise for Resale Concessions 292435 261 UNITED STATES POSTAL SERVICE Postage Senior Center Admin 292288 258 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 292591 257 STAPLES ADVANTAGE Office Supplies Customer Service 8895 256 VANCO SERVICES Bank and Service Charges Wastewater Accounting 1031041 256 ROSE, ALECIA Employee Award Organizational Services 1030931 255 METROPOLITAN FORD Equipment Parts Fleet Operating 292251 254 MINVALCO INC Repair & Maint. Supplies Water Treatment 1030922 252 PARLEY LAKE WINERY Liquor Product Received Prairie View Liquor Store 1030986 252 OLSEN CHAIN & CABLE Repair & Maint. Supplies Wasterwater Collection 292652 251 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 292193 251 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 292163 250 MODIST BREWING COMPANY Liquor Product Received Den Road Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 292500 250 ACCOLA JOANNA P&R Refunds Community Center Admin 292519 250 DATA PRACTICES OFFICE Tuition Reimbursement/School Police Sworn 292770 249 UNIVERSAL ATHLETIC SERVICES INC Operating Supplies Park Maintenance 292646 248 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 292369 247 DIRECTV Cable TV Community Center Admin 292333 245 MODIST BREWING COMPANY Liquor Product Received Prairie View Liquor Store 292520 242 DELTA DENTAL Wages and Benefits 494 Corridor Commission 1031077 242 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 292143 239 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 292610 238 ECKHOFF CARLY Deposits General Fund 292761 237 STAPLES ADVANTAGE Operating Supplies Customer Service 1030976 237 CLAREY'S SAFETY EQUIPMENT Equipment Repair & Maint Emergency Management 8894 237 US BANK - PAYMODE Bank and Service Charges Finance 292256 236 ROGOTZKE AMBER P&R Refunds Community Center Admin 292485 232 DEFIANT DISTRIBUTORS LLC Liquor Product Received Prairie View Liquor Store 1030990 230 TOLL GAS AND WELDING SUPPLY Operating Supplies Park Maintenance 292599 229 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn 1031027 224 VINOCOPIA Liquor Product Received Prairie View Liquor Store292545224LAWN RANGER, INC, THE Other Contracted Services Park Maintenance 1031098 223 VAN PAPER COMPANY Cleaning Supplies City Center - CAM 292641 222 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store 292172 221 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store 292484 220 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store 292628 219 VINIFERA IMPORTS LTD Liquor Product Received Prairie Village Liquor Store 292276 217 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 292456 217 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store 1030914 213 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 1030951 213 PRAIRIE ELECTRIC COMPANY Contract Svcs - Electrical City Hall (City Cost) 1031033 213 FASTENAL COMPANY Safety Supplies Fleet Operating 292192 211 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store 292559 210 MONAGHAN KATHLEEN Other Contracted Services Theatre Initiative 292561 210 MULLEN CAROL Other Contracted Services Theatre Initiative 292540 210 INTAB LLC Operating Supplies Elections 8893 210 OPTUM HEALTH Other Contracted Services Health and Benefits 292189 207 PRYES BREWING COMPANY Liquor Product Received Prairie View Liquor Store 292733 207 MHSRC/DDP Other Contracted Services Senior Center Programs 1031018 207 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 292593 206 SYNERGY MICRO SOLUTIONS LLC Operating Supplies IT Operating 1030911 206 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 292498 206 LINDEMAN BRETT Clothing & Uniforms Police Sworn 1031084 204 CASE, RON Mileage & Parking City Council 1030953 203 SPRINT Cell Phones 494 Corridor Commission 1031012 202 STERICYCLE INC Other Contracted Services Police Sworn 292748 202 PROP - PR Charitable Contributions Health and Benefits 292275 201 BERGMAN LEDGE LLC Liquor Product Received Prairie Village Liquor Store 292298 201 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store 292118 200 HENNEPIN COUNTY SHERIFF'S OFFICE Deposits General Fund 292313 199 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store 292766 199 TOOMEY LISA Mileage & Parking City Council 292664 198 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 292137 196 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1031052 196 ECM PUBLISHERS INC Legal Notices Publishing City Clerk 292362 195 CONSTRUCTION MATERIALS INC Asphalt Overlay Street Maintenance Check #Amount Supplier / Explanation Account Description Business Unit Comments 292622 195 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store 1030974 194 CARLSTON, BRANDON Canine Supplies Police Sworn 292543 194 KING SAMANTHA Other Contracted Services Theatre Initiative 292346 192 ASSURED SECURITY Supplies - General Bldg City Hall (City Cost) 292601 191 TWIN CITY LLC Asphalt Overlay Street Maintenance 292218 190 COMCAST Internet IT Operating 292127 189 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store 1031050 189 DAKOTA SUPPLY GROUP INC Repair & Maint. Supplies Round Lake 292759 186 SOLUTION BUILDERS Computers 494 Corridor Commission 292350 185 BOLTON & MENK INC Design & Engineering 2020 Improvement Projects 292144 184 56 BREWING LLC Liquor Product Received Den Road Liquor Store 1031061 184 METRO SALES INCORPORATED*Printers -Accessories IT Operating 292658 183 DOMACE VINO Liquor Product Received Prairie View Liquor Store 1030934 180 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 292392 180 MAYERLE SCOTT P&R Refunds Community Center Admin 1030919 176 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 292495 176 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store 292287 174 MINNESOTA ICE SCULPTURES LLC Liquor Product Received Prairie Village Liquor Store1031088173FREIBERG MARK Mileage & Parking City Council 292264 172 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council 292612 172 BLACK STACK BREWING INC Liquor Product Received Prairie Village Liquor Store 292654 172 BLACK STACK BREWING INC Liquor Product Received Prairie View Liquor Store 292624 171 PEQUOD DISTRIBUTION Liquor Product Received Prairie Village Liquor Store 292757 171 SILVER STAR INDUSTRIES Equipment Parts Fleet Operating 292281 171 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 1030968 171 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 292175 170 BOURGET IMPORTS Liquor Product Received Prairie View Liquor Store 292680 170 ARAMARK Janitor Service Prairie Village Liquor Store 292678 169 AFLAC WORLDWIDE HEADQUARTERS Wages and Benefits 494 Corridor Commission 292166 169 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store 292506 166 BECK LILA Mileage & Parking Tree Disease 1031080 164 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 292296 161 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store 292745 161 PILGRIM DRY CLEANERS INC Protective Clothing Police Sworn 292373 160 FIRE SAFETY USA INC Equipment Parts Fleet Operating 292381 159 HOSE PROS, INC Operating Supplies Park Maintenance 292469 157 LUPULIN BREWING COMPANY Liquor Product Received Den Road Liquor Store 292489 157 LUPULIN BREWING COMPANY Liquor Product Received Prairie View Liquor Store 292146 156 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store 292291 156 PK BLOODY MARY CORP Liquor Product Received Prairie Village Liquor Store 292335 156 PK BLOODY MARY CORP Liquor Product Received Prairie View Liquor Store 292378 156 HARTZELL, PAUL Operating Supplies Staring Lake Concert 292712 153 GEARY BRUCE AR Utility Water Enterprise Fund 292697 152 COMMUNITY HEALTH CHARITIES OF MINNESOTA Charitable Contributions Health and Benefits 292584 150 SKAR SARA Other Contracted Services Theatre Initiative 292679 150 ANDERSON BILL Special Event Fees Senior Board 1031049 150 CITI-CARGO & STORAGE CO, INC Other Contracted Services Summer Theatre 1031095 148 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 292344 147 ARAMARK Janitor Service Prairie Village Liquor Store 1031029 147 ADAMS PEST CONTROL INC Maintenance Contracts Utility Operations - General 292155 147 DOMACE VINO Liquor Product Received Den Road Liquor Store 292443 147 DOMACE VINO Liquor Product Received Prairie Village Liquor Store 1030921 147 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 292182 146 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store 292338 145 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store 292494 145 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 292305 144 GITCH GEAR LLC Liquor Product Received Den Road Liquor Store 292328 144 GITCH GEAR LLC Liquor Product Received Prairie View Liquor Store 292198 144 ARAMARK Janitor Service Prairie View Liquor Store 292503 144 ARAMARK Janitor Service Prairie View Liquor Store 292659 142 DRASTIC MEASURES BREWING LLC Liquor Product Received Prairie View Liquor Store 292317 141 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 292648 141 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 292607 140 ZAFFARANO JULIE Other Contracted Services Theatre Initiative 292586 139 SMITH SHELLEY Operating Supplies Theatre Initiative 292318 139 UNMAPPED BREWING CO Liquor Product Received Den Road Liquor Store 292514 139 COMCAST Cable TV Fire 292139 138 STARRY EYED BREWING LLC Liquor Product Received Prairie Village Liquor Store 292316 138 STARRY EYED BREWING LLC Liquor Product Received Den Road Liquor Store 292465 138 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store 292617 138 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store292246138MAYNARD, PATRICK Operating Supplies Public Safety Communications 1030962 137 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 292581 136 SCHWANTES MICHELLE Operating Supplies Theatre Initiative 292475 135 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 292180 135 DOMACE VINO Liquor Product Received Prairie View Liquor Store 292217 132 COMCAST Phone/Data/Web 494 Corridor Commission 1030965 131 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 292738 131 MN MAINTENANCE EQUIPMENT INC Equipment Parts Fleet Operating 1030916 131 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store 1030933 127 OLSEN CHAIN & CABLE Equipment Parts Snow & Ice Control 292637 123 DOMACE VINO Liquor Product Received Den Road Liquor Store 292149 122 BOURGET IMPORTS Liquor Product Received Den Road Liquor Store 292627 118 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 8905 117 SAFEGUARD BUSINESS SYSTEMS Operating Supplies Community Center Admin 292349 116 BOLLWEG, NANCY Deposits General Fund 1031019 115 VINOCOPIA Liquor Product Received Prairie Village Liquor Store 1030987 111 PETERKIN, BRENNA Tuition Reimbursement/School Fitness Classes 292681 110 ASPEN MILLS Clothing & Uniforms Fire 1031115 109 SRF CONSULTING GROUP INC Design & Engineering Improvement Projects 2006 292141 106 URBAN GROWLER BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store 292425 106 TOOMEY LISA Conference/Training City Council 1030975 106 CASE, RON Conference/Training City Council 1030980 106 FREIBERG MARK Conference/Training City Council 1030981 106 GETSCHOW, RICK Conference/Training City Council 292447 105 ORIGIN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store 1031087 105 FASTENAL COMPANY Safety Supplies Fleet Operating 292414 105 SHRED RIGHT Waste Disposal Fire Station #1 292359 103 COMCAST Cable TV Fire 292565 101 OLSEN'S EMBROIDERY/COMPANY Clothing & Uniforms Facilities Staff 1030929 101 JOHNSTONE SUPPLY Supplies - HVAC Fire Station #1 292502 100 ALSDURF LORI Other Contracted Services Theatre Initiative 292529 100 FRIEDEN JENNIFER Other Contracted Services Theatre Initiative 292578 100 ROSEMOUNT COMMUNITY BAND Other Contracted Services Special Events Admin 292606 100 YOURMEMBERSHIP.COM INC Employment Advertising Utility Operations - General 292623 100 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store Check #Amount Supplier / Explanation Account Description Business Unit Comments 292693 100 CHRIS CASTLE INC Website Development 494 Corridor Commission 1031094 100 MPX GROUP, THE Printing Police Sworn 292214 99 CINTAS Clothing & Uniforms Fleet Operating 292169 99 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store 292452 99 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 292499 99 A TO Z RENTAL CENTER Operating Supplies Park Maintenance 1031097 99 SCHMIDT, MATT Travel Expense Police Sworn 1030945 98 LANDS END CORPORATE SALES Clothing & Uniforms Police Sworn 292400 97 MINNESOTA TROPHIES & GIFTS Operating Supplies Police Sworn 292364 96 CUB FOODS EDEN PRAIRIE Operating Supplies Police Sworn 292148 96 BOOM ISLAND BREWING COMPANY Liquor Product Received Den Road Liquor Store 292283 96 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store 292600 96 TVRDIK SHARI P&R Refunds Community Center Admin 292685 94 BECK LILA Mileage & Parking Tree Disease 1031015 94 UPS Postage IT Operating 292696 93 COMCAST Internet IT Operating 292191 93 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store 292671 93 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store29230792INBOUND BREW CO Liquor Product Received Den Road Liquor Store 1030973 91 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store 1031074 90 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store 292388 89 LEEMHUIS JANE P&R Refunds Community Center Admin 1030970 89 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 292294 87 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store 292360 86 COMCAST Cable TV Fire 1030942 84 GINA MARIAS INC Operating Supplies Volunteers 292179 84 CARLOS CREEK WINERY Liquor Product Received Prairie View Liquor Store 292560 84 MR CUTTING EDGE Contract Svcs - Ice Rink Ice Arena Maintenance 292225 83 DODGE OF BURNSVILLE Equipment Parts Fleet Operating 292645 83 PK BLOODY MARY CORP Liquor Product Received Den Road Liquor Store 1031076 78 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store 1031022 76 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store 292455 72 56 BREWING LLC Liquor Product Received Den Road Liquor Store 292253 71 OFFICE OF MN IT SERVICES Other Contracted Services Police Sworn 8890 71 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 8910 71 PAYCHEX Payroll Admin. Fees 494 Corridor Commission 292515 67 COMCAST Cable TV Fire 8891 66 MONEY MOVERS INC Other Contracted Services Community Center Admin 292597 66 THE SHERWIN WILLIAMS CO Equipment Repair & Maint Traffic Signals 292255 65 RECKER, KATHRYN ROSSO Tuition Reimbursement/School Fitness Classes 292436 65 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie Village Liquor Store 292478 65 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie View Liquor Store 1031099 65 WAYTEK INC Operating Supplies Fleet Operating 1031026 65 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store 1030957 64 UPS Postage Utility Operations - General 1030995 63 BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE Equipment Repair & Maint Police Sworn 292168 60 SPIRAL BREWERY Liquor Product Received Den Road Liquor Store 1030932 60 MPX GROUP, THE Printing Police Sworn 1031069 60 UPS Postage Utility Operations - General 292709 60 FASTSIGNS Signs Park Maintenance 1031092 59 LINDAHL, DAVID Mileage & Parking Economic Development 292375 57 GOODING WILLIAM P&R Refunds Community Center Admin 292219 55 COMCAST Cable TV Fire Check #Amount Supplier / Explanation Account Description Business Unit Comments 292345 55 ASPEN MILLS Clothing & Uniforms Police Sworn 292399 54 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 292760 54 STADLER HANNAH Operating Supplies Arts Center 292751 53 REGENTS OF THE UNIVERSITY OF MINNESOTA Operating Supplies Outdoor Center 1031096 52 ROCKEY, JOSH Mileage & Parking Senior Center Admin 292513 50 COMCAST Internet IT Operating 292429 50 VERIZON WIRELESS - VSAT Other Contracted Services Police Sworn 292686 50 BJORN CYCLING LLC Instructor Service Lesson Skills Development 292512 48 CINTAS Clothing & Uniforms Fleet Operating 1030984 47 LEONARD, MICHELLE Conference/Prof. Dev.494 Corridor Commission 1031091 47 JOHNSON, PHILLIP Training Supplies Police Sworn 292216 47 COMCAST Cable TV Fire 292695 47 COMCAST Cable TV Fire 1030925 46 CHANSKI DAN Clothing & Uniforms Police Sworn 1030927 45 EICHMAN NATHAN Motor Fuels Fleet Operating 292415 45 SNAP-ON TOOLS Small Tools Fleet Operating 292357 40 CINTAS Clothing & Uniforms Fleet Operating 1030940 40 ECM PUBLISHERS INC Legal Notices Publishing City Clerk103099740ECM PUBLISHERS INC Legal Notices Publishing City Clerk 292417 40 SOUTHWEST POWER EQUIPMENT Equipment Parts Fleet Operating 1030926 38 CUSTOM HOSE TECH Equipment Parts Fleet Operating 292223 37 DAYROBB BATTERIES PLUS Supplies - Fire/Life/Safety Building 51 292221 35 CORDER TRICIA Tuition Reimbursement/School Fitness Classes 1030924 32 BOHNSACK, SUE Mileage & Parking Senior Center Admin 292263 31 THOMPSON KARA Operating Supplies-Dept Events Fire 292433 30 WINSUPPLY EDEN PRAIRIE MN CO Repair & Maint. Supplies Riley Lake 1031037 27 MADISON, MELISSA Outreach Mileage/Parking 494 Corridor Commission 1031038 27 MEREDITH KATE Outreach Mileage/Parking 494 Corridor Commission 1031047 25 CAWLEY COMPANY, THE Office Supplies City Council 292421 25 STATE OF MINNESOTA Licenses, Taxes, Fees Fleet Operating 292585 25 SMITH MATT P&R Refunds Community Center Admin 292608 25 ZIMMERMAN, MANDY Miscellaneous Internal Events 1030961 25 XCEL ENERGY Electric Flying Cloud Off Leash Park 1031043 24 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General 1030977 24 DOHERTY, KRISTEN Mileage & Parking Arts Center 1030949 23 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 292772 22 WINSUPPLY EDEN PRAIRIE MN CO Repair & Maint. Supplies Miller Park 292768 21 UDAIRAM RYAN Operating Supplies Summer Theatre 292762 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 1030989 20 SPOK, INC.Cell/Pager Plans IT Operating 292756 18 SHRED RIGHT Waste Disposal General Community Center 292424 17 THEIS TRAVIS Licenses, Taxes, Fees Utility Operations - General 292194 17 ACE SUPPLY COMPANY INC Small Tools Facilities Staff 292706 17 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 292707 17 EDEN PRAIRIE FOUNDATION Charitable Contributions Health and Benefits 1030985 16 METROPOLITAN FORD Equipment Parts Fleet Operating 292739 16 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits 1031118 16 UPS Postage Customer Service 1031083 15 BERRY COFFEE COMPANY Merchandise for Resale Concessions 8885 14 NCR PAYMENT SOLUTIONS,PA, LLC Bank and Service Charges Liquor Store Delivery 1030999 12 FERRELLGAS Repair & Maint. Supplies Utility Operations - General 292401 10 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Riley Creek Woods 292432 10 WINGS FINANCIAL CREDIT UNION Other Contracted Services Police Sworn Check #Amount Supplier / Explanation Account Description Business Unit Comments 292352 7 CEF EP COMMUNITY SOLAR LLC Electric Facilities Operating ISF 292705 6 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits 292361 4 COMCAST Other Contracted Services Police Sworn 5,974,723 Grand Total City of Eden Prairie Purchasing Card Payment Report 7/12/2022 Amount Account Description Business Unit -4,144 Other Revenue General Fund -1,764 Repair & Maint. Supplies Facilities Capital -847 Travel Expense Fire -466 Tuition Reimbursement/School Police Sworn -250 Tuition Reimbursement/School Police Sworn -117 Travel Expense Fire -100 Conference/Training Utility Operations - General -65 Repair & Maint. Supplies Senior Center -61 Clothing & Uniforms Summer Theatre -36 Operating Supplies Arts Center -22 Computers IT Operating -17 Operating Supplies Prairie View Liquor Store -9 Operating Supplies Fitness Admin. 1 Deposits General Fund 2 Licenses, Taxes, Fees Police Sworn 3 Special Event Fees Trips 4 Bank and Service Charges Customer Service 4 Dues & Subscriptions Assessing 4 Dues & Subscriptions Assessing 4 Dues & Subscriptions Assessing 4 Dues & Subscriptions Assessing 4 Dues & Subscriptions Assessing 4 Licenses, Taxes, Fees Police Sworn 6 Repair & Maint. Supplies Park Maintenance 6 Operating Supplies Specialty Fitness Programs 7 Operating Supplies Fire 8 Operating Supplies Arts Center 8 Operating Supplies Arts Center 8 Operating Supplies Pool Operations 9 Special Event Fees Senior Center Programs 9 Operating Supplies IT Operating 9 Operating Supplies Fitness Admin. 9 Capital Under $25,000 Engineering 9 Miscellaneous Administration 9 Miscellaneous Administration 9 Miscellaneous Administration 10 Operating Supplies Arts Center 10 Operating Supplies Outdoor Center 10 Conference/Training Human Resources 10 Operating Supplies Community Center Admin 10 Advertising Prairie View Liquor Store 10 Advertising Prairie View Liquor Store 10 Advertising Prairie View Liquor Store 10 Postage Fleet Operating 11 Operating Supplies Arts Center Amount Account Description Business Unit 11 Operating Supplies Pool Operations 11 Operating Supplies Housing and Community Service 11 Miscellaneous Community Center Admin 11 Operating Supplies Arts Center 11 Training Supplies Fire 11 Operating Supplies Fire 12 Operating Supplies Arts Center 12 Operating Supplies Summer Theatre 12 Operating Supplies Arts Center 13 Operating Supplies Senior Center Admin 13 Operating Supplies Youth Programs Admin 14 Operating Supplies IT Operating 14 Equipment Parts Fleet Operating 14 Merchandise for Resale Concessions 14 Capital Under $25,000 Police Sworn 14 Operating Supplies Outdoor Center 14 Operating Supplies Police Sworn 14 Operating Supplies Arts Center 14 Operating Supplies Volunteers 14 Operating Supplies Police Sworn 14 Capital Under $25,000 Engineering 14 Operating Supplies Fitness Center 15 Operating Supplies Fire 15 Operating Supplies Arts Center 15 Operating Supplies Arts Center 15 Dues & Subscriptions Communications 15 Advertising Prairie View Liquor Store 15 Advertising Prairie View Liquor Store 15 Advertising Theatre Initiative 15 Operating Supplies Arts Center 16 Merchandise for Resale Concessions 16 Operating Supplies Fitness Classes 16 Operating Supplies Youth Programs Admin 16 Operating Supplies Fitness Center 16 Special Event Fees Senior Center Programs 16 Operating Supplies Arts Center 16 Dues & Subscriptions Housing and Community Service 16 Other Contracted Services Organizational Services 16 Other Contracted Services Organizational Services 17 Dues & Subscriptions Police Sworn 18 Safety Supplies Arts Center 18 Merchandise for Resale Concessions 18 Operating Supplies Arts Center 20 Miscellaneous IT Operating 20 Operating Supplies Outdoor Center 20 Operating Supplies Theatre Initiative 20 Operating Supplies IT Operating 21 Operating Supplies Theatre Initiative 21 Operating Supplies Theatre Initiative Amount Account Description Business Unit 21 Deposits General Fund 22 Repair & Maint. Supplies Water Treatment 22 Equipment Repair & Maint Senior Center Programs 22 Operating Supplies Fire 22 Operating Supplies Pool Operations 23 Operating Supplies IT Operating 23 Special Event Fees Senior Center Programs 24 Operating Supplies Housing and Community Service 24 Conference/Training Pool Operations 24 Training Fire 24 Operating Supplies Arts Center 24 Operating Supplies Community Center Admin 24 Operating Supplies IT Operating 25 Operating Supplies Community Center Admin 25 Equipment Parts Fleet Operating 25 Printing Community Brochure 26 Advertising Prairie View Liquor Store 26 Operating Supplies Police Sworn 26 Operating Supplies Fitness Center 26 Operating Supplies IT Operating 26 Operating Supplies Arts Center 27 Operating Supplies IT Operating 27 Operating Supplies Fitness Classes 28 Operating Supplies Fleet Operating 28 Operating Supplies Arts Center 28 Operating Supplies Prairie View Liquor Store 29 Operating Supplies Theatre Initiative 29 Repair & Maint. Supplies Water Treatment 29 Conference/Training Economic Development 29 Repair & Maint. Supplies Fire 30 Advertising Prairie View Liquor Store 30 Tuition Reimbursement/School Police Sworn 30 Tuition Reimbursement/School Police Sworn 30 Operating Supplies Parks Administration 31 Repair & Maint. Supplies Water Treatment 31 Operating Supplies Arts Center 31 Repair & Maint. Supplies City Hall (City Cost) 32 Tuition Reimbursement/School Police Sworn 32 Operating Supplies Prairie View Liquor Store 33 Operating Supplies Theatre Initiative 33 Operating Supplies IT Operating 34 Computers IT Operating 34 Operating Supplies Police Sworn 34 Advertising Prairie View Liquor Store 34 Operating Supplies IT Operating 34 Clothing & Uniforms Summer Theatre 34 Miscellaneous Parks Administration 35 Other Contracted Services Organizational Services 35 Operating Supplies July 4th Celebration Amount Account Description Business Unit 35 Conference/Training Engineering 36 Operating Supplies Fitness Admin. 36 Equipment Parts Fleet Operating 36 Operating Supplies Arts Center 36 Operating Supplies Youth Programs Admin 36 Operating Supplies Fire 36 Office Supplies Arts Center 37 Conference/Training IT Operating 37 Tuition Reimbursement/School Police Sworn 37 Operating Supplies Senior Center Admin 38 Operating Supplies IT Operating 39 Operating Supplies Arts Center 40 Operating Supplies Outreach 40 Special Event Fees Senior Center Programs 41 Operating Supplies Arts Center 41 Conference/Training Pool Operations 42 Operating Supplies Arts Center 42 Operating Supplies Fire 42 Operating Supplies IT Operating 43 Operating Supplies Fire 43 Operating Supplies IT Operating 43 Operating Supplies Outdoor Center 43 Operating Supplies Police Sworn 43 Operating Supplies Internal Events 44 Operating Supplies Arts Center 44 Operating Supplies Outdoor Center 45 Operating Supplies Riley Lake Beach 46 Operating Supplies Outdoor Center 47 Operating Supplies Street Maintenance 47 Operating Supplies Arts Center 49 Operating Supplies Outdoor Center 49 Miscellaneous Police Sworn 50 Operating Supplies Theatre Initiative 51 Operating Supplies Arts Center 51 Repair & Maint. Supplies Fire Station #1 51 Dues & Subscriptions City Clerk 52 Clothing & Uniforms Summer Theatre 53 Building Materials Street Maintenance 55 Operating Supplies Outdoor Center 55 Advertising Theatre Initiative 56 Operating Supplies Fitness Classes 56 Operating Supplies Youth Programs Admin 56 Tuition Reimbursement/School Police Sworn 59 Operating Supplies Arts Center 59 Operating Supplies Park Maintenance 59 Operating Supplies Summer Theatre 60 Dues & Subscriptions Police Sworn 62 Operating Supplies Arts Center 62 Operating Supplies IT Operating Amount Account Description Business Unit 62 Dues & Subscriptions Community Development Admin. 63 Operating Supplies Theatre Initiative 64 Deposits General Fund 64 Deposits General Fund 65 Training Fire 65 Repair & Maint. Supplies Senior Center 65 Licenses, Taxes, Fees Inspections-Administration 65 Instructor Service Tennis 65 Operating Supplies Arts Center 65 Operating Supplies Senior Center Admin 68 Operating Supplies July 4th Celebration 69 Conference/Training Fitness Admin. 70 Dues & Subscriptions Communications 70 Operating Supplies Housing and Community Service 71 Operating Supplies Fire 72 Safety Supplies Arts Center 72 Travel Expense City Council 72 Operating Supplies Theatre Initiative 72 Deposits General Fund 72 Operating Supplies Fire 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 Equipment Repair & Maint Round Lake 78 Equipment Parts Fleet Operating 78 Equipment Parts Fleet Operating 78 Landscape Materials/Supp Street Maintenance 79 Office Supplies Arts Center 79 Canine Supplies Police Sworn 80 Clothing & Uniforms Pool Operations 80 Special Event Fees Senior Center Programs 81 Operating Supplies Police Sworn 81 Operating Supplies Fire 81 Dues & Subscriptions Fire 82 Canine Supplies Police Sworn 82 Conference/Training Pool Operations 82 Conference/Training Pool Operations 82 Operating Supplies Outdoor Center 83 Repair & Maint. Supplies Arts Center 84 Special Event Fees Trips 85 Dues & Subscriptions Assessing 85 Dues & Subscriptions Assessing 85 Dues & Subscriptions Assessing 86 Operating Supplies Fire 86 Employee Assistance Organizational Services 86 Software/Hardware Maint.Fire 90 Licenses, Taxes, Fees Police Sworn Amount Account Description Business Unit 92 Clothing & Uniforms Assessing 94 Travel Expense Fire 94 Travel Expense Fire 97 Repair & Maint. Supplies Water Treatment 98 Training Fire 99 Tuition Reimbursement/School Police Sworn 99 Travel Expense Fire 99 Travel Expense Fire 100 Repair & Maint. Supplies Facilities Staff 100 Training Supplies Police Sworn 100 Tuition Reimbursement/School Police Sworn 100 Tuition Reimbursement/School Police Sworn 100 Special Event Fees Senior Center Programs 100 Miscellaneous Volunteers 100 Miscellaneous Volunteers 100 Miscellaneous Volunteers 100 Licenses, Taxes, Fees Fitness Classes 100 Advertising Arts in the Park 100 Clothing & Uniforms Fitness Admin. 102 Operating Supplies Outdoor Center 106 Operating Supplies Parks Administration 109 Repair & Maint. Supplies Outdoor Center Facilities 112 Conference/Training IT Operating 114 Office Supplies Police Sworn 114 Operating Supplies Community Center Admin 115 Capital Under $25,000 Engineering 117 Software/Hardware Maint.IT Operating 120 Operating Supplies Senior Center Admin 123 Licenses, Taxes, Fees Engineering 123 Licenses, Taxes, Fees Engineering 124 Operating Supplies Youth Programs Admin 125 Motor Fuels Park Maintenance 129 Operating Supplies Summer Theatre 138 Employee Award Organizational Services 138 Operating Supplies Street Maintenance 140 Conference/Training Pool Operations 141 Operating Supplies Park Maintenance 144 Conference/Training Pool Lessons 149 Conference/Training Finance 150 Dues & Subscriptions Assessing 150 Dues & Subscriptions Assessing 150 Training Fire 150 Training Fire 152 Training Supplies Police Sworn 154 Operating Supplies Senior Center Programs 158 Operating Supplies Outdoor Center 159 Tuition Reimbursement/School Police Sworn 161 Operating Supplies Youth Programs Admin 164 Canine Supplies Police Sworn Amount Account Description Business Unit 164 Operating Supplies Community Center Admin 168 Protective Clothing Fire 169 Tuition Reimbursement/School Police Sworn 169 Tuition Reimbursement/School Police Sworn 171 Operating Supplies Specialty Fitness Programs 172 Operating Supplies Playgrounds 175 Licenses, Taxes, Fees Police Sworn 175 Process Control Equipment IT Operating 180 Licenses, Taxes, Fees Police Sworn 183 Other Contracted Services Theatre Initiative 185 Conference/Training Housing and Community Service 185 Conference/Training Housing and Community Service 187 Operating Supplies Fire 193 Operating Supplies Ice Lessons 198 Miscellaneous City Council 199 Tuition Reimbursement/School Police Sworn 200 Tuition Reimbursement/School Police Sworn 200 Miscellaneous Volunteers 200 Conference/Training Pool Operations 200 Training Fire 203 Special Event Fees Senior Board 205 Conference/Training Pool Operations 211 Operating Supplies Fitness Center 215 Clothing & Uniforms Communications 216 Conference/Training Pool Operations 236 Miscellaneous Administration 239 Other Contracted Services Sustainable Eden Prairie 242 Operating Supplies Playgrounds 243 Travel Expense Fire 243 Travel Expense Fire 245 Conference/Training Fleet Operating 246 Conference/Training Pool Operations 248 Operating Supplies Playgrounds 256 Conference/Training Pool Operations 256 Conference/Training Pool Operations 257 Equipment Repair & Maint Round Lake 262 Office Supplies Police Sworn 268 Repair & Maint. Supplies Park Maintenance 274 Special Event Fees Senior Center Programs 276 Operating Supplies IT Operating 276 Clothing & Uniforms Special Events Admin 280 Conference/Training Pool Operations 287 Conference/Training Pool Operations 288 Conference/Training Pool Operations 288 Conference/Training Pool Operations 291 Deposits General Fund 292 Miscellaneous Administration 295 Tuition Reimbursement/School Police Sworn 300 Other Contracted Services Liquor Store Delivery Amount Account Description Business Unit 300 Training Fire 307 Operating Supplies Arts Center 307 Employee Award Organizational Services 309 Repair & Maint. Supplies Senior Center 329 Dues & Subscriptions Economic Development 333 Operating Supplies Fitness Center 338 Travel Expense Fire 340 Licenses, Taxes, Fees Utility Operations - General 342 Travel Expense Fire 342 Travel Expense Fire 342 Travel Expense Fire 342 Travel Expense Fire 344 Operating Supplies Lesson Skills Development 345 Operating Supplies Police Sworn 347 Training Fire 351 Miscellaneous Administration 359 Tuition Reimbursement/School Police Sworn 362 Repair & Maint. Supplies Purgatory Creek Park 363 Clothing & Uniforms Utility Operations - General 370 Operating Supplies Youth Programs Admin 375 Tuition Reimbursement/School Police Sworn 378 Special Event Fees Trips 385 Repair & Maint. Supplies Water Treatment 397 Travel Expense Fire 419 Operating Supplies Fire 437 Protective Clothing Fire 440 Training Supplies Police Sworn 450 Tuition Reimbursement/School Police Sworn 450 Operating Supplies Fitness Classes 466 Tuition Reimbursement/School Police Sworn 469 Travel Expense City Clerk 488 Operating Supplies Parks Administration 511 Tuition Reimbursement/School Police Sworn 526 Clothing & Uniforms Summer Theatre 533 Janitor Service General Community Center 549 Licenses, Taxes, Fees Fitness Classes 581 Clothing & Uniforms Utility Operations - General 583 Software/Hardware Maint.IT Operating 590 Repair & Maint. Supplies Facilities Capital 597 Operating Supplies Outdoor Center 600 Tuition Reimbursement/School Police Sworn 602 Operating Supplies Police Sworn 603 Miscellaneous Communications 648 Dues & Subscriptions Community Development Admin. 661 Equipment Parts Fleet Operating 667 Travel Expense Fire 689 Equipment Repair & Maint Fleet Operating 690 Capital Under $25,000 Staring Lake Concert 698 Tuition Reimbursement/School Police Sworn Amount Account Description Business Unit 699 Clothing & Uniforms Concessions 700 Tuition Reimbursement/School Police Sworn 703 Repair & Maint. Supplies Stormwater Collection 727 Operating Supplies Lesson Skills Development 767 Tuition Reimbursement/School Police Sworn 778 Operating Supplies Public Safety Communications 790 Conference/Training Fire 795 Training Fire 798 Tuition Reimbursement/School Police Sworn 800 Capital Under $25,000 Police Sworn 800 Other Contracted Services Ice Operations 837 Bank and Service Charges Prairie View Liquor Store 874 Conference/Training IT Operating 874 Conference/Training IT Operating 874 Conference/Training IT Operating 874 Conference/Training Fire 903 Operating Supplies Public Safety Communications 946 Capital Under $25,000 Engineering 948 Capital Under $25,000 Engineering 950 Awards Communications 1,009 Operating Supplies Youth Programs Admin 1,047 Special Event Fees Senior Center Programs 1,069 Clothing & Uniforms Fitness Admin. 1,148 Operating Supplies Tennis 1,163 Operating Supplies Fire 1,165 Travel Expense Fire 1,285 Operating Supplies Public Safety Communications 1,295 Conference/Training Human Resources 1,336 Repair & Maint. Supplies Facilities Capital 1,386 Clothing & Uniforms Pool Lessons 1,535 Operating Supplies Tree Removal 1,659 Capital Under $25,000 Arts Center 1,764 Repair & Maint. Supplies Facilities Capital 2,000 Software/Hardware Maint.IT Operating 2,035 Protective Clothing Fire 2,081 Capital Under $25,000 Fitness Classes 3,490 Other Rentals July 4th Celebration 5,793 Other Revenue General Fund 88,371 Report Total